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HomeMy WebLinkAbout120-13 MM 2022 NC State Ports AuthorityPermit Class MODIFICATION/MAJOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for Permit Number 120-13 RECEIVED NOV 0 8 P022 ENGINEERING DEPT. X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to North Carolina State Ports Authority PO Box 9002 Wilmington, NC 28402 Authorizing development in Carteret County J to State Port MIID City and the Newport River, in Morehead City as requested in the permittee's application dtd 7/5/22 (MP-1) & 7/7/22 (MP-2), incl attached workplan drawings (3) Fig 1,3 of 3 both dtd 612 & Proposed Pipeline Corridor dtd "Rec MP Section MHD 9/9/22". This permit, issued on October 26, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may )e suo]ect to nnes, imprisonment or civu action; or may cause One Permit, w oe nun auu vo,u. Excavation Expansion 1) In accordance with commitments made by the permittee and in order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed -14 feet below the mean lower low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for additional conditions) This permit action may be appealed by the pemrittee 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 October 26, 2027 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 UW ana me t;nav of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit 0 io conditions are hereby accepted. Signature North Carolina State Ports Authority Permit No.120-13 Page 2 of 3 ADDITIONAL CONDITIONS 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 5) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters outside of the alignment of the fill area indicated on the workplan drawings. 6) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. NOTE: The permittee is advised that the dredge template and dredge material disposal site is in proximity to shellfish resource identified by the NC Division of Marine Fisheries. A turbidity monitoring plan is recommended to monitor any turbidity plume and its proximity to the shellfish resource. Contact the NC Division of Marine Fisheries for more information. Dredee Material Disposal 7) No dredge material shall be placed within 30 feet of the normal high-water line. 8) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 9) The diked disposal area shall be constructed a sufficient distance from the normal high-water level or any marsh and sufficiently maintained to eliminate the possibility of dike erosion or dredge material deposition into surrounding wetlands or waters. 10) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond the normal low water level to prevent gully erosion and unnecessary siltation. 11) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended sediments. 12) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 13) The dredge material disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. North Carolina State Ports Authority Permit No. 120-13 Page 3 of 3 ADDITIONAL CONDITIONS Maintenance Clause 14) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work 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 area to be used for dredge material disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the dredge material disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. General 15) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 17) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. 18) This Major Modification shall be attached to Permit No. 120-13, which was issued to the permittee on 11/18/13, as well as all subsequent modifications, refinements, and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 19) All conditions and stipulations of the active permit remain in force, under this Major Modification, unless specifically altered herein. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including, but not limited to any authorization required by the U.S. Army Corps of Engineers. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2017-01680. NOTE: An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. From: Bodnar, Greao To: Steve Dial; Todd Walton Subject: State Ports MHC extension Date: Tuesday, October 18, 2022 1:43:00 PM Attachments: imaae001.ona image002.Dna Afternoon all, Please accept this email as notification that the project has been extended. The 150 day is 12/29/22. Coordination with USACE is ongoing along with internal review. I hope to have a final determination after I get a better understanding of how long USACE consultation with their agencies will take. Thanks, Gregg Gregg Bodnar (he/him/his) Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg.Bodnar(@ncdenr.eov Find a Field Rep (amgis.com) 0641;,t NORTH CAROIINAD_ E Q�� Department or ErnironmenMl 0ua1Ity Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. DCM Coordinator: &bt- 0g, Permit #: t 2y l 13 MAILING DISTRIBUTION SHEET Permittee: A(CS PA z x (C 2 -I`(oZ Agents: 54.Ity C%l&lrgc DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEM ,"V*'R: Washington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Hams Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Chris Pullinger — 401 Clif Whitfield (WARD) Jimmy Harrison TBD - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquiman, Tyrrell, Washington) Wilmington: Holley Snider — 401 (Fender, Brunswick, New Hanover) John Perry — 401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARO) (NCDOT) Travis Wilson Natural Heritage Program Rodney Butler LPO: JCC1+1Ai� `lro� DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: NC State Ports Authority COUNTY: Carteret PROJECT NAME: LOCATION OF PROJECT: 107 Arendell St, Morehead City DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7-26-22 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: Yes FIELD REPRESENTATIVE: Connell DISTRICT OFFICE: MHC DISTRICT MANAGER REVIEW: Heather Styron B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $475 Click or tap here to enter text. APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 8-28-22 END OF NOTICE DATE: Click or tap to enter a date. ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 10-15-22 150 DAY DEADLINE: tZ[L9tZZ EMAIL OUT DATE: 8-23-22 STATE DUE DATE: Click or tap to enter a date. PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep dA-0#(s DCM — LUP Consistency Determination $ q LL Local Permit Officer 15 Z x Corps of Engineers — Regulatory Branch 1''t'6�ZL t-U Zqt' 661 piez � DWR-401 Section a�lo ZZIi33 , 2�{-1238 v'( DWR— PublicWaterSupply DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office 151 LZ Wildlife Resources Commission to4 (ItZ I Alf o�� Con��jdn yt1C DMF — Shellfish Section p` Z`j/ j Z �C (Q.e DMF — Habitat & Enhancement kl Zo 7n t4 ( W ' IA DNCR — Archives & History 0 1,1 J� DNCR — Natural Heritage Program NCDOT NC Dept of Commerce MI6- ROY COOPER Governor ELIZ.ABETH S. BISER Secretary BRAXTON DAVIS Director DATE: TO: THRU: FROM: SUBJECT: NORTH CAROLINA Environmental Quality MEMORANDUM August 23, 2022 Gregg Bodnar Heather Styron Brad Connell Comments and Recommendations - CAMA Major Permit —NC Port Authority, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal impacts 232,400 square feet of Public Trust Area. The proposal is adjacent to a Federal Channel. These waters of the Newport River are closed to shellfish harvest. This waterbody is not a Primary Nursery Area. The proposed eastward expansion of the mooring of barges may pose a hazard to navigation within the ICW project area. Assuming that state and federal agencies concur with the proposal, I recommend the project be authorized as proposed, contingent upon the following conditions: 1. The authorized activity must not cause an unacceptable interference with navigation. 2. The spoil disposal area shall be approved by DCM staff prior to the commencement of work. 3. In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and October 31 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 4. Excavation will not exceed -14 feet below the mean low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 5. No vegetated wetlands shall be excavated or filled. 6. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 7. The Division of Coastal Management shall be notified in wrifing at least two (2) weeks in advance of any maintenance work 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 area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site must be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at (910) 772-2220 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. CC: Heather Styron, DCM o<r�c+nwmr� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 2S2.515.5400 ROY COOPER Governor ELIZABETHS. BISER Secretary BRAXPON DAVIS Director August 23, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg. bodnar(a) NCDEN R.gov SUBJECT: CAMA Application Review Applicant: NC State Ports Authority Project Location: 107 Arendell St, Carteret County Proposed Project: Major Modification to Major 9120-13 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by'$eptember 20, 2022 If you have any questions regarding the proposed project, contact Brad Connell 252-515-5415. when appropriate, in-depth comments with supporting data is requested. REPLY: x This agency has no objection to the project as **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME mark Brown AGENCY Public Water Supply DATE 8125/22 RECEIVED AUG 2 9 2022 MP SECTION MHD North Carolina Department: of Environmental Quality l Division of Coastal Management Morehead. City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 a sp+ . O' 2528082808 ROY COOPER Cotmtar ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 23, 2022 NORTH CAROLINA EnNronmentarQuaUty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-615,9416 (Courier 11-12-09) greggbodnarCdINCDEN R.gov SUBJECT: CAW Application Review Applicant: NC State Ports Authority Project Location: 107 Arendell St, Carteret County Proposed Project: Major Modification to Major #120-13 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by Sepiembef 20 2022 If you have any questions regarding the proposed project, contact Brad Connell 252515-5415_ when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached". X This agency has no comment on the proposed project_ This agency approves of the project only if the recommended changes are incorporated. See attached. ` This agency objects to the project for reasons described in the attached comments. PRINT NAME Lee Padrick AGENCY NC Commerce Commeercje/ SIGNATURE DATE 8-23-22 RECEIVED A U G 2 3 2022 NIP SECTION FWHD D�Q�� North Carolina Department ofEnvaonmental Quality l Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I hfoorchead City, North CaroMa 28W mu' ..—N.� 2528082808 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August23, 2022 MEMORANDUM. NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) oreac. bodnar(oNCDEN R.00v SUBJECT: CAMA Application Review Applicant: NC State Ports Authority Project Location: 107 Arendell St, Carteret County Proposed Project: Major Modification to Major #120-13 Please indicate below your agency's position or viewpoint on the proposed_project and return this form to Greog Bodnar at the address above by'September 20,_2022 If you have any questions regarding the proposed project, contact Brad Connell 252-515-5415. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached., This agency objects to the project for reasons described in the attached comments. PRINT NAME Rachel Love-Adrick AGEN_C_Y. Division of Coastal Management SIGNATURE RECEIVED DATE et2912022 A U G 2 9 2022 P SECTION MHD North Carolina Department of Environmental Quality l Division of Coastal Management 'J/lQ Morehead City Office 1 400 Commerce Avenue I Moorehead Clty, North Carolina 28557 252.8082808 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director MEMORANDUM TO: fd77PA SUBJECT: DATE: _ ., NORTH CAROLINA Environmental Quality Gregg Bodnar, Asst. Major Permits Coordinator Division of Coastal Management Rachel Love-Adrick, District Plan Division of Coastal Managemeri REECEITIVED AUG 2 9 2022 RIP SECTION WD Major Permit Modification Request- NC State Ports Authority 120-13 July 11, 2022 Consistency Determination: The request is consistent with/not in conflict with the Town of Morehead City Land Use Plan certified by the CRC on September 28, 2007. Overview: The proposal is located 550 feet to the east of Marsh Island, immediately west of the ICW, and 700 feet north of 107 Arendell Street in Morehead City, Carteret County. This location is currently developed with six dolphin pilings to support a barge berth (ref Major Permit #120- 13). This mooring facility is for government/commercial use. The adjacent island has been utilized for the disposal of dredge spoil material. AECs include PTA and EW. This section of the Newport River has surface water classifications of SA;HQW. The site is not a Primary NurseryArea, and is closed to taking of shellfish. No Submerged Aquatic Vegetation (SAV) habitat or shellfish beds were observed in the project area. There is not a cultural resource in the project area. Proposed Development: Expand the east side of the mooring facility by excavating 35,000 cubic yards. The proposed spoil area is yet to be determined. The proposed excavation is to be accomplished via hydraulic dredging methodology. The proposed excavation would encompass a 1-acre area, and would remove approximately 10' of benthic habitat in order to connect to the adjacent-14' nlw depth of the Federal Channel. Anticipated Impacts: This proposed excavation should not pose a hazard to traditional navigation. However, the eastward expansion of mooring barges may impact navigation within the ICW Federal Channel. The proposed excavation would impact 232,400 square feet of Public Trust Area. Traditional hydraulic dredging methodology would be utilized during the North Carolina Department of Environmental Quality l Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolinaa 28557 2525155400 construction of this project. Turbidity impacts are anticipated during the excavation activities within the Newport River. However, the applicant is proposing to mitigate these impacts by conducting the work during the less biologically productive periods of the winter months. Basis for Determination: The project site is in the Town of Morehead City and is subject to the 2007 Town of Morehead City Core Land Use Plan Update. The Future Land Use Map (FLUM) designates the site as "Port Mixed Use" and "Conservation/Open Space" (due to the sites location in Estuarine Waters and Public Trust Area AECs). The land use types are defined as follows: "Port Mixed Use -classified areas include the existing state port facilities as well as surrounding properties that are suitable for multiple land uses including industrial, commercial, and high density residential. Portions of the area identified as Port Mixed Use are potential growth areas that may develop primarily as one use type or may evolve into multi -use areas.". "The Conservation/Open Space classification is intended to delineate areas where traditional land uses are not desirable or expected to develop. Land development may, however, include public building and facilities necessary to support existing land uses within the areas classified as Conservation/Open Space. Lot coverage is limited to 40% and building heights are limited to 35 feet. Land uses within the Conservation/Open Space -designated areas are generally compatible with the FP, Floodplain zoning district. Public water or sewer utilities are not needed to support the types and intensities of land uses in these areas. Extensions of water and sewer utilities into these areas are not expected or encouraged" The following LUP policies may be applicable to this request: Policy 1, pg. 94: The Town of Morehead City supports state and federal law regarding land use and development in AECs. Policy 5, pg. 94: Morehead City supports the use standards for estuarine and public trust areas as specified in 15A NCAC .0207. Policy 11, page 96: The town encourages the continued operation and expansion of the Port of Morehead City. - RECEIVED AUG 2 9 2022 MP SECTION IMHD North Carolina Department of Environmental Quality l Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 �wamm wao� /P 2525155400 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 23, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant.Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office; 252-515-5416 (Courier 11-12-09) g re g g. b o d n a r(d) N C D E N R. o ov SUBJECT: CAMA Application Review Applicant: NG State Ports Authority Project Location: 107 Arendell St, Carteret County Proposed Project: Major Modification to Major#120-13 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greg g Bodnar at the address above by (September 20. 2022� If you have any questions regarding the proposed project, contact Brad Connell 252-5.15-5415. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT_NAME V (=/9A/A//C- A/241ec AGENCY /oo6je✓ oP /yy2C7ic/jV Ciry SIGNATURE CD�TCt� xE ,_ DATE !� ��a9/.7'0(9 a it ; (• ;, - + 11 N )J AUG 2 9 2022 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City. North Carolina 28557 252.808.2808 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 23, 2022 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 2527515-5416 (Courier11-12-09) gregg. bodnar@NC DEN R.gov SUBJECT: CAMA Application Review Applicant: NC State Ports Authority Project Location: 107 Arendell St, Carteret County Proposed Project: Major Modification to Major #120-13 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by S j5e !ember 20,;2022! If you have any questions regarding the proposed project, contact Brad Connell 252-515-5415. when appropriate,.in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be. attached" _x This agency has no comment on the proposed project. This agency approves of the.project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT, NAME W "Q(.4 4- l 1 Clr SIGNATURE U)Q4%d).e---QLX4a J DATE r• ttr.,?!� af;Z-&& Q. � D.FQ� osmonau�.�amm, RECEIVED AUG 2 9 2022 MIP SECTION NIHI) North Carolina Department of Environmental Quality I DlvislonofCoastal Management Morehead City Office 1400 Commerce Avenue I Moorehead City, North Carolina 28557 252.808.2808 Received:8/23/2022 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 23, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality ER 13-2062 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) q regg. bod nar(G) NCD ENR.gov SUBJECT: CAMA Application Review Applicant: NC State Ports Authority Project Location: 107 Arendell St, Carteret County Proposed Project: Major Modification to Major #120-13 Due: 8/31/2022 8/30/2022 no comment —SBA Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the _address above by'3eptember 20, 202 If you have any questions regarding the proposed project, contact Brad Connell 252-515-5415. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY NC Historic Preservation Office SIGNATURE P"W.&LA " DATE 9/2/2022 S E P 2 2022 "P SEC tl iON MHD D E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 om mm' m n.wmmwm /"� 252.808.2808 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 23, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12=09) areao.bodnar(c NCDENR.aov SUBJECT: CAMA Application Review Applicant: NC State Ports Authority Project Location: 107 Arendell St, Carteret County Proposed Project: Major Modification to Major #120-13 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grew Bodnar at the address above by Septembe120,.2022; If you have any questions regarding the proposed project, contact Brad Connell 252-515-5415. when appropriate, in-depth comments with supporting data is requested. REPLY: t as proposed. `*Additional"comments may be attached" Is agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. P'RMT RAMS Andrew Haines AGENCY DEQ-DMF-Shellfish Sanitation and Recreational Water Quality sIG`NA`TURE A.r.Wwwv-az;tw_ for Shannon Jenkins DATE 9/19/2022 R E C E IV IE S E P 2 n 2022 North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Moorehead City, North Carolina 2a557 2SZ8082808 ROY COOPER Govemor ELIZABETH S. BISER Secretary KATHY B. RAWLS Director MEMORANDUM TO: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ -Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 FROM: Andrew Haines Shellfish Sanitation and Recreational Water Quality Section Division of Marine Fisheries, NCDEQ THROUGH: Shannon Jenkins Shellfish Sanitation and Recreational Water Quality Section Division of Marine Fisheries, NCDEQ DATE: September 19, 2022 SUBJECT: NC State Ports Authority— Major Modification to Major Permit #120-13 The planned spoil disposal site for this project is not specified within the application. Because the dredge material is being removed from an area that is closed to the harvest of shellfish, discharges from the dewatering of the spoils into swimming waters between the months of April and October will cause a swimming advisory to be posted. Additionally, any discharge from the dredge spoils at any time into areas open for shellfish harvest will cause a temporary harvest closure. It is requested that our office be notified at 252-726-6827 of the dredging plan and spoil disposal location prior to any dredging activity so that we can determine at that time if a swimming advisory or shellfish closure is needed. RB.CE ED S E P 2 n 2022 SECTION MHD State of North Carolina I Division of Marine Fisheries 3441 Arendell Street l P.O. Box 7691 Morehead City North Carolina 28557 252-726-7021 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 23, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg. bodnar(d)NCDEN R.gov SUBJECT: CAMA Application Review Applicant: NC -State Ports Authority Project Location: 107 Arendell St, Carteret County Proposed Project: Major Modification to Major #120-13 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by'SeWembW 20, 2 -2! If you have any questions'regarding the proposed project, contact Brad Conneli 252-515-5415. when appropriate, in-depth comments with supporting data is requested. Y:- This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT -NAME James Harrison AGENCY NCDMF RT CEIVED SIGNATURE G711 o ff H"rj&� S E P 2 (1 2022 DATE 19 September 2022 MP SECTION WID ma,4��A p North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 252.8082808 TO: FROM: SUBJECT: ROY COOPER Governor ELIZABETH S. BISER Secretary KATHY B. RAWLS Dlrector Gregg Bodnar, NCDCM Assistant Major Permits Coordinator REEC FIVE® James Harrison, NCDMF Fisheries Resource Specialist SEP 2 o 2022 Project Name, County DATE: 19 September 2022 M? SECTu ICN NIND A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the permit application for proposed actions that may impact fish and/or fish habitats. The applicant, the North Carolina Department of Transportation (NCDOT), is proposing to modify the existing Coastal Area Management Act (CAMA) Major Permit 120-13 to expand the current dredge footprint of the northern barge fleeting area. The north barge fleeting area is located in the Newport River at the Port of Morehead City (Port) in Carteret County. The north fleeting area is a temporary mooring facility for loaded barges that are awaiting waterborne transport to inland destinations. Barge fleeting activity at the Port is primarily associated with the transport of imported iron (direct reduced iron and pig iron) to the Hertford Steel plant on the Chowan River in Cofield, NC. Iron imports at the Port have doubled over the last several years, resulting in increased demand for barge fleeting capacity. The proposed action would expand the north barge fleeting area from 2 to 4 acres, thereby accommodating an additional 4 to 6 loaded barges. The north barge fleeting area is located in the Newport River, approximately 600' north of the northeast corner of the Port terminal facility. The existing fleeting area encompasses 2 acres along the western margin of the Atlantic Intracoastal Waterway (AIW W). The authorized depth of the existing facility matches that of the AIW W at -14' mean lower low water (MLLW) (12' plus 2' overdredge). A series of six steel pile mooring piles are currently installed within the fleeting area. The proposed action would expand the existing facility westward by dredging an additional 2 acres of subtidal bottom to a depth of -14' MLLW (12' plus 2' overdredge). An additional acre of new dredging would be required to construct a transitional 3:1 slope along the western margin of the 2-acre expansion area. In total, the proposed action would require 3 acres of new dredging and the removal of an estimated 35,000 cubic yards (CY) of material. No new mooring structures are proposed, as the existing mooring piles are sufficient to accommodate additional barges in the expansion area. The depth of the expansion area would be maintained through periodic maintenance dredging, expected to occur once every 2-5 years. Existing depths in the proposed new dredging area range from -4' to -14' MLLW. The sediments to be removed from the new dredging area are part of a uniform fine sand to silty fine sand layer that extends from the surface to a depth of -45' MLLW. Construction of the barge fleeting expansion area would employ hydraulic pipeline (cutterhead) dredges and/or mechanical State of North Carolina I Division of Marine Fisheries 3441 Armdell Street I P.O. Box 769 1 Mmhead aty.North Carolina 28557 252-726-7021 bucket dredge and scow systems. Dredged material would be placed in one of the existing Port - owned confined disposal facilities, which include the Marsh Island, Brandt Island, and North Radio Island disposal areas. The proposed project includes numerous minimization measures. One of these measures, as noted in the Larval Entrainment section of the Pune 2022 Project Narrative, commits the proposed project to adhere to a window of 1 October through 31 January. This will aid in minimization of potential impacts to resources of concern for DMF by avoiding the peak period of biological activity for most species and habitats. DMF does not oppose to the proposed project. This conclusion is highly dependent on the applicant's proposal to adhere to an environmental window. DMF would recommend, though, any permit/modification issued include this environmental window condition for any future maintenance events. DMF would also recommend that the applicant include monitoring of turbidity west of the project footprint due to the historical presence of shell bottom habitat along the Marsh Island shoreline. A turbidity monitoring plan could also include measures to implement should any potential turbidity plume shift into close proximity to shell resources. Ideally, this plan would also include pre -dredge mapping of the shell resources in the area. Thank you for consideration of our comments and concerns. Please contact Jimmy Harrison at (252) 948-3835 or at james.harrisongncdenr.gov with any further questions or concerns. RECEIVED SEP 2 ^ 2 22 t'l? %`3"ZCT1CN rOUID State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 7691 Morehead City. North Carolina 28557 252-726-7021 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Banos, Administrator Governor Roy Cooper Secretary D. Reid Wilson September 22, 2022 MEMORANDUM Office of Archives and History Deputy Secretary, Darin J. Watets, Ph.D. TO: Gregg Bodnar i;reeg.bodnarAncdenr.gov Division of Coastal Management Department of Environmental Quality FROM: Ramona Bartos . SUBJECT: Reconfigure the Southern Barge Fleeting Area & Configure the Northern Barge Fleeting Area for 4 Larger Barges or 6 Small Barges, Newport River/Bogue Sound, Carteret County, ER 13-2062 Thank you for your email of September 9, 2022, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental environmental.review(d�ncdcr�. In all future communication concerning this project, please cite the above referenced tracking number. Location: 109 Fast Jones Sheet, Raleigh NC 27601 Mailing Address! 4617 Mail Service Cente,, Raleigh NC 27699-4617 Telephone/Pax: (919) 814.6570/8146898 DocuSign Envelope ID: 6DACF2IA-073A-42AF-6119-D5DOOA17E6EO ROY COOPER Governor ELIZABETH S. B1SER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality . September 20, 2022 DWR #20041238 v7 Carteret County North Carolina Ports Authority Attn: Brian Clark PO Box 9002 Wilmington, NC 28402 Subject: - Approval of Individual 401 Water Quality Certification Port of Morehead City North Barge Fleeting Area Expansion USACE Action ID. No. SAW 2017-01680 Dear Mr. Clark: Attached hereto is a copy of Certification No. WQC005183 issued to Brian Clark and the North Carolina Ports Authority dated September 20, 2022. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality 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. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Z. uwmawm D .E Q p North Carolina Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext I Wilmington, North Carolinh 28405 910.796.7215 DocuSign Envelope ID: 6DACF2IA-073A-42AF-8119-D5DOOA17E6EO North Carolina Ports Authority DW R# 20041238v7 Individual Certification #WQ0005183 Page 2 of 12 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .02001 including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S.143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at hUp://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the'Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact John Perry at 910-796-7341 or iohn.perryna ncdenngov if you have any questions or concerns. Sincerely, Ooeu5lanetl by: Toµ '(1wrt�ati mtbh�tsa�rington Assistant Regional Supervisor Water Quality Regional Operations Section cc: Todd Walton (via email) Liz Hair, USACE Wilmington Regulatory Field Office (via email) Todd Bowers, EPA, (via email) Gregg Bodner, DCM (via email) DWR 401 & Buffer Permitting Branch Electronic file Filen=e:20041238v6_NC Ports Authority_1WQC_Carteret CoJu127 101—North Carolina Department of Environmental Quality I Division of Water Resources DE Q Il 127 Cardinal Drive Ext. 1 Wilmington, North Caroling 28405 � �/ 910.796.7215 emvmmnr+a=.mr From: Hair Sarah E CIV USARMY GESAW (USA) To: Bodnar. Gregg; Snider. Hollev Subject: [External] Carteret project updates Date: Tuesday, October 11, 2022 2:50:29 PM CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email asap attachment to 9=11 Spam. Hi, Just wanted to touch base and let you know that the following projects will be processed as GP291s: O'Connor: SAW-2022-02179 Hanson: SAW-2022-02209 McLaughlin: SAW-2022-02208 419 Development: SAW-2022-00098 The MHC Northern barge fleeting area expansion also has not gone out on federal agency notice yet, and will require consultation with NMFS PRD-I have discussed w/ Todd W. and he is aware. Holley: John issued 401 for the project on 9/20/2022, so you don't have to worry about it. Not sure about how I'm going to process this one: Biggs: SAW-2022-02193 (basin fill -I didn't really understand the purpose of the project. The app just said fill). If there are others hanging out there, please let me know. Liz Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Work Cell: 910-512-4456 ROYCO1,6PEk CiP4=r KMADETHS-BI5ET4 Sremary, BRAXTONDAWS mroefof ' ' August 23, 2022, LEMORAPIDUM. FROM: SUBJECT - Applicant, Project Location: Proposed Project NORTH CAR OLINA Envlrzvzenfaf cizor) 14. o-+ Gr.egg Bodnar; Assistant Major Ak"Its Coordinator NCQEQ - Division of Coastal Management 466-pommerce, Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 114.], aMoo,bodnaf6.NCDENR.aov LAMA Applfcation Review State Ports Authority 107 ArendellSt, Carteret County 0A.1jor ModificationI to' Major #120-13, -Please indicate below your agency's position or viewpoint on the proposed projecCand "in this form to;GnW Bodnar at the address above by 202g;Ifyouhaveany questions regarding the proposed project, contact Brad ,Connell -2'5'2'-'5'1'-5-641-'5. whemappropriate, in-deptWcominents vVtfh supporting data is requested. This agency has no objectio "Additional comments may 'This agency has no comment on the proposed projact. This agency approves of the project only if the recommended chariges :are incorporated. See a#sohe4. b&,6g thisagency objects to the projectf6er'basons,described in,the attached comments. PRINTfdANIE h4e�LA " IN 5 C yetilt cnrolirut DePaaw'mt of plvir�twntal Quality I eiviston af Cimaiial lvl�rAqemlut- MCI : I M E M R� 25zilbB,2806 gem Mr-1 APPLICATION for Malor Development Permit (last revised 1lZ27I06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name North Carolina State Ports Authority Project Name (if applicable) Port of Morehead City Northern Barge Fleeting area Applicant 1: First Name Brian MI E Last Name Clark Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pagels) with names listed. Mailing Address PO Box 9002 PO Box City Wilmington State NC ZIP 28402 Country New Hanover Phone No. 910 - 251 - 5678 ext. FAX No. Street Address (it different from above) City State ZIP Email 2. AgentContractor Information Business Name Dial Cordy And Associates Inc. Agent/ Contractor 1: First Name MI Last Name Steve Dial Agent/ Contractor 2: First Name MI Last Name James Hargrove Mailing Address PO Box City State 201 North Front St. Suite 307 Wilmington NC ZIP Phone No. 1 Phone No. 2 28401 910 - 251 - 9790 ext. ext. FAX No. Contractor # Street Address fif drfFerent from above) City State ZIP Email sdial@dialoordy.com; jhargrove@dialcordy.com RECEIVED <Form continues on back> JUL 2 6 2022 1711CM4414D CITY 252.808.2808 :: 1-888-4RCOAST :: www.necoastaimanagement.net Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret 113 Arendell Street Subdivision Name City State Zip Morehead City NC 28557 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 726 - 3158 ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Newport Newport River 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 Bogue Sound, Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Morehead City Limits 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft) NA 130,680 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) 4 to -14 ft ❑NHW or ®NWL e. Vegetation on tract The proposed dredge footprint contains no SAV according to NCDMF's SAV maps. There is a small fringing marsh that is located adjacent to the Action Area on Marsh Island disposal area; however, it is outside the dredge footprint by —+200 ft. f. Man-made features and uses now on tract The Northern Barge Fleeting area contains a series of six steel pile mooring piles that are currently utilized to secure barges within the fleeting area. The proposed project is directly adjoent to the western edge of the exisiting fleeting area with no current or proposed structures. g. Identify and describe the existing land uses adiacent to the proposed project site. The adjacent lands to the south function as wharfs for the USACE and the NCSPA. The single property owner in relative proximity to the project area is the U.S. Army Corps of Engineers. In an abundance of caution, a notification letter will be sent to the Morehead City Yacht Club; however, this property is not close to the Project Area. The closest adjacent land is Marsh Island which contains one of the dredge material management sites proposed for disposal of the dredged material. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Industrial (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No It. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED JUL 2 6 2022 252-808-2808 :: 9.888-4RCOAST :: www.nccoastalmanagement.ne CITY Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. All proposed activity is located within the Newport River Estuary/Bogue Sound. o. Describe existing drinking water supply source. The town of Morehead City gets its drinking water from 5 wells around the county. p. Describe existing storm water management or treatment systems. The proposed project would not result in new impervious areas requiring stormwater management and/or treatment systems. & Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial IDPublic/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The North Carolina State Port Authority (NCSPA) at the Port of Morehead City (POMC) is proposing to expand the existing northern barge fleeting area to accommodate an additional 4-6 barges for the growing import iron business. The expansion of the fleeting area is necessary due to the doubling of the business over the last few years. The barges typically consist of 300,000 to 500,000 tons of Direct Reduced Iron (DRI) or crude iron (pig iron) that is transported from the POMC to the Nucor Steel Terminal. The barge traffic moves the equivalent of 25,000 truckloads of material each year and is a vital transportation route for NC commerce. The increase in frequency of barge traffic puts an excessive demand on the fleeting areas thus warranting expansion. The existing mooring dolphins are structurally able to support doubling the space by docking barges on the west side of the northern fleeting area and no new moorings structures are being proposed. The daily operations would include staging barges within the fleeting area. Tug boats would be used to position the barges before being moored to the steel piles. Periodic maintenance of the barge fleeting expansion area would be accomplished by the Port -owned water injection dredge. 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. New dredging of approximately 35,000 cy of material would be removed via one hydraulic pipeline (cutterhead) dredges or one mechanical bucket dredge and scow systems within the dredge window of October 1 at to January 31 st and placed on Marsh, Brandt, or the North Radio Island dredge material management areas d. List all development activities you propose. There are no development activities proposed. e. Are the proposed activities maintenance of an existing project, new work, or both? New work for expansion of an existing barge fleeting area. f. What is the approximate total disturbed land area resulting from the proposed project? 3 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. It is expected a cutterhead dredge will be used and subsequent water and sediment slurry will be pumped into a dredge material disposal site. It is also expected that Marsh Island disposal site will be used for the proposed action. The water associated with the dredge slurry will be decanted through a weir system and discharged back into the waters adjacent to the project area. All previous permit requirements will be adheared to. R JUL 26 2022 252-808-2808 :: 1-968-4rCOAST :: www.nccoastalrranayemert.r�JCM-MIiD CITY Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit 1. Will wastewater or stornwater 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. <Form continues on back> 6. 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) — (t) 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, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. 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 Army Reserve Phone No. (910) 251-4000 US Army Corps of Engineers Address 69 Darlington Ave Wilmington, NC 28403 Name Morehead City Yacht Basin LLC Phone No. (252) 726-6862 Address 2645 Temples Point Road Havelock, NC 28532 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, perrnimee, and issuing dates. NCDEQ Major CAMA 120-13 SAW 2013-01747 SAW 2017-01680 h. Signed consultant or agent authorization form, if applicable. i. Welland 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). 9 necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Cenfffication and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. RECEIVED I further certify that the information provided in this application is truthful to the best of my knowledge. JUL 2 6 2022 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmonagement.no6CM-MHD CITY Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit Date 7/5/2022 Print Name Brian E Clark Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP4 Structures Information RECEIVED JUL 26 2022 DCM-MHD CITY 252-808.2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 560 Width 415 Avg. Existing -4 to -14 NA NA Depth MLLW Final Project -14 MLLW NA NA Depth 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. Unconsolidated fine grained sediment It is expected that the proposed project will remove approximately 35,000 cubic yards of course material from the 3 acre footprint. c. (i) Does the area to be excavated include coastal wetlandstmarsh d. (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 ENone (ii) Describe the purpose of the excavation in these areas: The purpose of excavating this area is to expand the existing northern barge fleeting area to accomadate mooring additional barges. High -ground excavation in cubic yards. NA RECEIVED JUL 26 2022 DCM-MHD CITY 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Marsh Island, Brant Island, or Northern Radio Island disposal areas are contenders for the material depending on the available space at Marsh Island. Marsh Island is the closest in proximity and therefore the expected disposal site. No current demension data is available for the potential disposal sites. c. (i) Do you claim titre to disposal area? d. (i) Will a disposal area be available for future maintenance? EYes ❑No ❑NA EYes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (1) Does the disposal area include any coastal wetlands/marsh f. (1) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), []Yes ENo ❑NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? ❑CW _ ❑SAV _ ❑SB _ 252-808-2808 :: 1-8884RCOAST :: www.nccoastalmanaaement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) ❑WL _ ®None (ii) Describe the purpose of disposal in these areas: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: f. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes [-]No ❑NA (it) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill Other I. Source of fill material. h. Type of fill material. RECEIVED JUL 26 2022 DCM-MHD CITY 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (1) Will fill material be brought to the site? []Yes []No ❑NA b. (1) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (111) Dimensions of fill area _ (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. controlled? The areas proposed for receiving the dredged material are existing disposal sites that have earthen berms to retain sediment c. (I) Will navigational aids be required as a result of the project? d. []Yes ®No ❑NA (11) If yes, explain what type and how they will be implemented. suomergec aquatic vegetation tbAv/, snen ooaom tbol, or other wetlands (WI-)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL ❑None (11) Describe the purpose of the fill in these areas: What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? It is anticipated that a hydraulic pipeline (cutterhead) dredge will be used for this project; however, a mechanical dredge could be used and periodic maintenance would be accomplished by the Port -owned water injection dredge. (1) Will wetlands be crossed in transporting equipment to project site? []Yes ®No ❑NA (it) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 252.808.2808 :: 1-888-4RCOAST :: www.nccoastaimananoment.net revised: 12/26/06 Date J�y Project Name Port of Morehead City Northam Barge Fleeting Area Expanson Applicant Name Brian E Clark Applicant lure RECEIVED JUL 26 2022 DCM-MHD CITY 252-808-2808 :: 1.8884RCOAST :: w .nccoastalmanaoement.net revised: 12/26I06 Figure 12. North Barge Fleeting Area Expansion Layout Port of Morehead City RECEIVE[)ial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 JUL 26 2022 DCM-MHD CITY El n Legend -- Profile Location 1R Cana (PALL" Barge Fleeting Area Elevation (MLLW) ® Existing Fleeting Area value 0 Proposed Fleeting Arm , tom'-Z O Proposed 3:1 Slope Law:-30 A -A' Bathynetric Prole Graph B - B' Bathynetric Profile Graph EAMing Bethymetiy Profle 41. Proposed Ba"try Profile 10 1P 9aee Pmposed Fleftng Area Ewsng Fleeting Nee 14 Area1R 0 50 tOD 150 2M 250 300 Distance (feet) C - C Bathynetric Prdile Graph -s _B Ustelg Bathymatry Rohe to Proposed Betlryaeby Profile 12 3.1 14 slma a Reposed Flemng Nee Hang Fleebp Nee 15 0 5o 160 15o MO 280 300 Distsnoe (feet) e 0 150 300 450 SOD Feet Figure 3. Northern Barge Fleeting Expansion Area — Existing and Proposed Bathymetry Port of Morehead City Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion RECEIVED June 2022 8 JUL 2 6 2022 111Clu1_i AWn rlry 2690000 2691000 2692000 2693000 1 VED SEP m m lA rLa `W��V� Ec�Y"sJ 14 Proposed Pipeline Corridor r o o o a M M Marsh Island Dredged M aterial Disposal Area 0 0 M M �c 1 0 0 i Esri. HERE,2arrmin, (c) Ope>Stre�etMap contri r"", HE - E libutors; -- Garmin (c) Ope'nStreetMap wn and t er muni Source "Esti., axar!E 'hstar Geog raphics,,,aynn et- s r COmmunity, EsN, HERE, DeLorme, Mapmylndi3, contributors, and1the GIS user community 2690000 2691000 2692000 2693000 Dredge Disposal Pipeline Corridor for Barge Fleeting Area Dredging 0 500 1,000 1,500 2,000 Feet DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: NC State Ports Authority LOCATION OF PROJECT SITE: The project is located adjacent to an island north of 107 Arendell Street in the Newport River in Morehead City, Carteret County. Latitude:34°43'31.60"N Longitude: 76141'41.96"W INVESTIGATION TYPE: CAMA/D&F INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 8/11/22 Was Applicant or Agent Present No Photos Taken — No PROCESSING PROCEDURE: Application Received — cc: 7/26/22 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — Morehead City Land Classification from LUP —Developed (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Government (E) Wastewater Treatment: Existing — none Planned -none (F) Type of Development: Existing — mooring dolphins Planned - dredging (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: (A) Open Water (E) Total Area Disturbed: 232,400 ft` (F) Primary Nursery Area: No (G) Water Classification: SA; HQW Open: No (II) Cultural Resources: None Project Summary: The applicant wishes to excavate in order to expand a mooring facility within the Newport River for government use in Morehead City, Carteret County. Field Investigation Report: NC Port Authority Page 2 Narrative Description: The proposal is located 550 feet to the east of Marsh Island, immediately west of the ICW, and 700 feet north of 107 Arendell Street in Morehead City, Carteret County. This location is currently developed with six dolphin pilings to support a barge berth (ref Major Permit 4120-13). This mooring facility is for government/commercial use. The adjacent island has been utilized for the disposal of dredge spoil material. Water depths in the project area range from --4' to —14' nlw. This -14' nlw depth is connecting to the ICW channel area. The subaqueous substrate is firm with shell. This proposal is located immediately adjacent to the ICW Federal Channel. There is not a cultural resource in the project area. This waterbody is approximately 0.5 mile across at this location. These estuarine waters are not classified as a Primary Nursery Area. Submerged aquatic vegetation (SAV) is not present at this location. This section of the Newport River is closed to shellfish harvest and is classified as SA; HQW. Proposed Development: The applicant is proposing to excavate 1 acre in order to expand a barge mooring facility within the Newport River, in Morehead City. The proposed development would take place adjacent to 107 Arendell Street, Carteret County. This proposal is for government/commercial use. The applicant is proposing to expand the east side of the mooring facility by excavating 35,000 cubic yards. The proposed spoil area is yet to be determined. The proposed excavation is to be accomplished via hydraulic dredging methodology. The proposed excavation would encompass an 1- acre area, and would remove approximately 10' ofbenthic habitat in order to connect to the adjacent - 14' nlw depth of the Federal Channel. Anticipated Impacts: This proposed excavation should not pose a hazard to traditional navigation. However, the eastward expansion of mooring barges may impact navigation within the ICW Federal Channel. The proposed excavation would impact 232,400 square feet of Public Trust Area. Traditional hydraulic dredging methodology would be utilized during the construction of this project. The spoil area impacts are unknown at this time as the spoil site has not yet been determined. Turbidity impacts are anticipated during the excavation activities within the Newport River. However, the applicant is proposing to mitigate these impacts by conducting the work during the less biologically productive periods of the winter months. This waterbody is not classified as a Primary Nursery Area and the is no SAV present in the project area. Brad Connell August 23, 2022 Morehead City NORTH CAROLINA STATE PORTS AUTHORITY PORT OF MOREHEAD CITY NORTHERN BARGE FLEETING AREA EXPANSION JUNE 2022 PROJECT NARRATIVE Proposed Action REC`--IVED JUL 26 Z022 DCM-MHD CITY The Proposed Action by the North Carolina State Ports Authority (NCSPA) at the Port of Morehead City is to modify the existing Coastal Area Management Act (CAMA) Major Permit 120- 13 to expand the current dredge footprint of the northern barge fleeting area. The north barge fleeting area is located in the Newport River at the Port of Morehead City (Port) in Carteret County, North Carolina (NC). The north fleeting area is a temporary mooring facility for loaded barges that are awaiting waterborne transport to inland destinations. Barge fleeting activity at the Port is primarily associated with the transport of imported iron (direct reduced iron and pig iron) to the Hertford Steel plant on the Chowan River in Cofield, NC. Iron imports at the Port have doubled over the last several years; resulting in increased demand for barge fleeting capacity. The proposed action would expand the north barge fleeting area from 2 to 4 acres, thereby accommodating an additional 4 to 6 loaded barges. Description of the Proposed Action The north barge fleeting area is located in the Newport River —600 feet north of the northeast corner of the Port terminal facility (Figure 1). The existing fleeting area encompasses 2.0 acres along the western margin of the Atlantic Intracoastal Waterway (AIWW). The authorized depth of the existing facility matches that of the AIWW at -14 ft MLLW (12 + 2 ft of over dredge). A series of six steel pile mooring piles are currently installed within the fleeting area. The proposed action would expand the existing facility westward by dredging an additional 2.0 acres of subtidal bottom to a depth of -14 ft MLLW (12 + 2 ft of over dredge) (Figure 2). An additional 1.0 acre of new dredging would be required to construct a transitional 3:1 slope along the western margin of the 2.0-acre expansion area. In total, the proposed action would require 3.0 acres of new dredging and the removal of an estimated 35,000 cy of material. No new mooring structures are proposed, as the existing mooring piles are sufficient to accommodate additional barges in the expansion area. The depth of the expansion area would be maintained through periodic maintenance dredging expected to occur once every 2-5 years. Existing depths in the proposed new dredging area range from -4 to -14 ft MLLW (Figure 3). The sediments to be removed from the new dredging area are part of a uniform fine sand to silty fine sand layer that extends from the surface to a depth of -45-ft MLLW (Catlin Engineers 2013). Construction of the barge fleeting expansion Port of Morehead City Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 area would employ hydraulic pipeline (cutterhead) dredges and/or mechanical bucket dredge and scow systems. Dredged material would be placed in one of the existing Port -owned confined disposal facilities, which include the Marsh Island, Brandt Island, and North Radio Island disposal areas. Disposal operations for cutterhead dredging would involve direct hydraulic delivery to the disposal area via floating and/or submerged pipeline. In the case of mechanical dredging, disposal would involve the transport of dredged material via scow to the disposal area for placement via mechanical means or hydraulic offloading. Periodic maintenance of the barge fleeting expansion area would be accomplished by the Port -owned water injection dredge. Water injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment -water mixture known as a density current that flows along the bottom via gravity to deeper areas. A pipe manifold with a series of water injection nozzles is used to inject water into the sediment bed. The use of water injection dredging for maintenance of the Port's existing berths, fleeting areas, and turning basins is currently authorized under the Port's existing CAMA Major Permit. Description of the Action Area The north barge fleeting area is located -3 miles from the Atlantic Ocean in the lower Newport River Estuary between Morehead City and Beaufort in Carteret County, NC. The lower Newport River Estuary is a shallow, tidally -controlled system with an average depth of -3 feet MLLW. Mean tidal range in the lower estuary is 3.1 feet, and salinities approach those of seawater (34 ppt) (Kirby -Smith and Costlow 1989). The proposed new dredging area is located between the AIWW federal navigation channel and the Marsh Island disposal area. The AIWW navigation channel is maintained at a width of 250 feet and depth of 12 + 2 ft MLLW. The Marsh Island disposal area consists of diked uplands that are partially surrounded by unconfined tidal saltmarsh. Benthic habitats within the proposed new dredging area consist of sandy unconsolidated bottom. The surrounding Newport River Estuary contains a complex assemblage of intertidal and shallow subtidal estuarine habitats; including sandy shoals, shellfish bRSCEIVED submerged aquatic vegetation (SAV) beds, and tidal saltmarsh. JUL 2 6 2022 Potential Environmental Effects of the Proposed Action DCM-MHD CITY A summary of effects on fish and fish habitat within the action area is provided below. An EFH Assessment and a Biological Assessment that have been prepared for the Corps of Engineers are available upon request. Water Column The proposed dredging and maintenance associated with expanding the northern barge fleeting area may have minor effects on the estuarine water column through localized sediment suspension and associated increases in turbidity. The sediments to be excavated from the new dredging area consist predominantly of relatively coarse sands that would resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead or bucket dredge Port of Morehead City Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 2 would primarily be confined to the immediate vicinity of the new dredging footprint. Water injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment - water mixture known as a density current that flows along the bottom via gravity to deeper areas. Monitoring results for multiple projects in the US indicate that WID-induced sediment suspension is principally confined to the lower water column within 2 to 5 feet of the bottom (Welp et al. 2017). It is expected that suspended fine sediments would be rapidly dispersed by currents in the contiguous AIWW navigation channel, thus limiting the duration of any adverse effects on water quality and federally managed species. The proposed project construction window of 1 October - 31 January would avoid peak periods of larval ingress and estuarine -dependent juvenile abundance in the vicinity of the action area, thus minimizing the exposure of estuarine and marine fish and invertebrate species to sediment suspension effects. In the specific case of WID, the potential for upstream sediment transport into the New River Estuary would be minimized by conducting WID only on falling tides. Based on these considerations, it is expected that any adverse effects on water quality and estuarine and marine fish and invertebrate species would be minor and short-term. Larval Entrainment In the case of cutterhead pipeline dredging, the proposed action would affect estuarine -dependent fish and invertebrate species by entraining planktonic eggs and larvae that occur in the vicinity of the dredge pipe suction field. However, the results of larval entrainment modeling in Beaufort Inlet indicate that dredge entrainment rates are extremely low regardless of inlet larval concentrations and the distribution of larvae within the water column (Settle 2003). Even under worst case model scenarios when the dredge was assumed to be operating 24 hours/day and all larvae were assumed to be concentrated in the bottom of the navigation channel, projected entrainment rates barely exceeded 0.1 % of the daily (24-hour) larval flux through the inlet. The proposed new dredging area is located above Beaufort Inlet in the relatively broad Newport River Estuary where it is expected that the distribution of planktonic eggs and larvae would be relatively diffuse. Furthermore, the proposed project construction window of 1 October - 31 January would avoid the peak larval ingress period at Beaufort Inlet. Based on all of the above considerations, it is anticipated that the effects of egg/larval entrainment on populations of estuarine -dependent fish and invertebrate species would be negligible. Unconsolidated Bottom New dredging would directly impact 3.0 acres of unconsolidated bottom habitat in the barge fleeting expansion area. Existing bottom depths ranging from -4 to -13 ft MLLW would be increased to -14 ft MLLW. Initial construction and subsequent maintenance dredging events would remove the existing benthic infaunal invertebrate community, thereby temporarily reducing the availability of prey for federally managed demersal fishes such as summer flounder and estuarine -dependent species of the snapper -grouper complex. However, studies of benthic community recovery in shallow estuarine navigation channels along the southeastern coast have reported rapid recovery within two to six months (Van Dolah et al. 1984 and 1979, Stickney and Perlmutter 1975, and Stickney 1972). These studies indicate that recolonization via slumping of adjacent undisturbed sediments into the dredged channel is an important recovery mechanism. Van Dolah et al. (1984) also attributed relatively rapid recovery to rapid infilling by sediments that Port of Morehead City RECEIVEDDial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 3 JUL 26 2022 DCM-MHD CITY were similar in composition to the extracted material and avoidance of spring benthic invertebrate recruitment periods. Existing surficial sediments in the new dredging footprint are part of a uniform fine sand layer that extends to a depth of -45 ft MLLW, thus the proposed action would not be expected to alter sediment composition. Maximum bottom depth increases of —10 feet would not be expected to alter benthic community composition within the new dredging area. The proposed project construction window (01 October - 31 January) would avoid peak benthic invertebrate recruitment periods; thus facilitating relatively rapid recovery with the onset of spring recruitment. Based on all of the above considerations, it is anticipated that effects on estuarine unconsolidated bottom habitats and associated estuarine and marine fish and invertebrate species would be minor and short-term. Oyster Reefs and Shell Banks NCDMF benthic habitat maps do not identify any shell bottom areas within or immediately adjacent to the proposed new dredging area. Thus, no direct impacts on shell bottom habitats would be expected. The only mapped shell bottom area in the vicinity of the project area is a narrow linear shell bottom feature along the shoreline of Marsh Island —300-ft west of the new dredging footprint. Fine sediments that are suspended by the dredging process may be transported outside of the active dredging area, potentially affecting shell bottom areas through redeposition. Heavy sediment redeposition can impact oysters by inhibiting larval attachment to hard substrates and reducing the respiration and feeding rates of juveniles and adults (Wilber and Clarke 2010). However, according to Colden and Lipcius (2015), eastern oysters that were subjected to experimental sediment deposition did not exhibit significant mortality or sublethal effects until at least 70% of the shell height was buried. As previously described, the sediments to be excavated from the new dredging area consist predominantly of relatively coarse fine sands that would resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead, bucket, or water injection dredge would primarily be confined to the immediate vicinity of the new dredging footprint. Therefore, it is expected that the effects of dredging -induced sediment suspension and redeposition on oyster reefs and associated estuarine and marine fish and invertebrate species would be minor and short-term. Submerged Aquatic Vegetation (SAV) NCDMF SAV maps do not identify any SAV within or immediately adjacent to the proposed new dredging area. Thus, no direct impacts on SAV would be expected. Small patches of SAV are identified along the western shoreline of Marsh Island opposite the proposed dredging area (Figure 4). Fine sediments that are suspended by the dredging process may be transported outside of the active dredging area, potentially affecting SAV through increases in turbidity and/or sediment redeposition. However, as previously described, it is anticipated that the predominance of relatively coarse sand in the new dredging area would limit sediment suspension to the immediate vicinity of the active work area. Therefore, it is expected that any adverse effects on SAV and associated estuarine and marine fish and invertebrate species from dredging -induced sediment suspension and redeposition would be minor and short-term. State -Designated Fish Nursery Areas Port of Morehead City RECEIVEDDial Cordy and Associates Inc. Northern Barge Fleeting Expansion I[j June 2022 4 JUL 26 2022 DCM-MH 7 C!TY There are no Primary Nursery Areas (PNAs) or Secondary Nursery Areas (SNAs) in the immediate vicinity of the proposed new dredging area. Designated PNAs that are nearest to the proposed new dredging area are located -1.3 miles to the northwest in small tributaries of the Newport River (Calico Creek and Crab Point Bay) (Figure 5). The nearest additional PNAs and SNAs are located in the Newport River -4 miles upstream of the proposed new dredging area. No effects on PNAs or SNAs are anticipated. Port of Morehead City Northern Barge Fleeting Expansion RECEIVED JUL 26 2022 DCM-IMHD CITY Dial Cordy and Associates Inc. June 2022 5 /Q ROGUE SOUND N P O B T INN B J Y F � VW a v . �"e� n ,•. .-r r LOCitl0f1 • � ae� as •i' a a sa. • �a`.J!"" v 'a r n 4 a 11 a - _._.,: It � • ` a a RY.Myn v an • a a • !a / a f° r a v n • n n � os r . • a y na«r♦ yar r .. a + . � • fn a ? ♦ fv mia eaa u a - f +.• ,� n aaun+i.�.m ..sv 61 oo n Figure 1. Proiect Location and Proposed Action Area Port of Morehead City Northern Barge Fleeting Expansion RECEIVED JUL 2 6 2022 DCM-MHD CITY Dial Cordy and Associates Inc. June 2022 AY a" St FlaSrr Sf ad City �J West nd rioa/ ,na v Marrhead Oty Hor6o, 6/14/2022 _ NC SAV Mosaic 1981 to 2015 Barge Fleeting Expansion Area Figure 4. NCDMF SAV Map Port of Morehead City Northern Barge Fleeting Expansion 9 L aR 1:23,222 0 0.15 0.3 0.5 ni 0 0.25 o.s ++un Ng, 06, Mu. GemnaaMwa� RI mYvalul fu, tone, iBu. YYnup Nrw f�5 uee� ¢mnumry Sw— Fin. NFAE, (�,�, FAO. IIMA, IIB�, C 4mSeMAly cveaWoi�, am M d51M Cun^WIY JUL 2 6 2022 DCM-MHD CITY Dial Cordy and Associates Inc. June 2022 -- az 's 1 y O _ V °d t Village Be x r° S °o ry C146 d C.,y Crab Point - Club N k Miahaet l Smith 101 Field Steep Pin del, S, i�- Fork Morehead City In aeauton ae i MoredeGd i°Ote City N°rb°r _ o Berk Sound a Money Island Atlantic Beach Bay 6/14/2022 FNA NCDMF - Fishery Nursery Areas Primary Nursery Areas Secondary Nursery Areas Barge Fleeting Expansion Area 1:60,112 0 BAi 0,85 1.7 ml r 0 05 1 2km ao�m. NM.. FICAO5, V9GF 1161 W9A COWi. N R@Mq\ NCEAR HI3. O5, � RoeweuaWt 65A GWY, FflkA InhrmW eM tle GS uer mn^vMY. Sam ENl IENE. Gs�aV Fb. N(Yw. U.v;5 VGM^9MIMW rp4db�. atl MG6Uw CMw�wRJ Figure 26. State -Designated Fish Nursery Areas JUL 2 6 2022 DCM-MW I :IITY Port of Morehead City Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 10 References Colden AM, Lipcius RN (2015) Lethal and sublethal effects of sediment burial on the eastern oyster Crassostrea virginica. Mar Ecol Prog Ser 527:105- 117. https://doi.org/l0.3354/meps11244 Kirby -Smith, W.W. and J.D. Costlow. 1989. The Newport River Estuarine System. Duke University Marine Laboratory, Beaufort, NC. Settle, L. 2003. Assessment of potential larval entrainment mortality to hydraulic dredging of Beaufort Inlet. Prepared for USACE-Wilmington District for the Morehead City Harbor Environmental Assessment. May 2003. NOAA/NOS National Centers for Coastal Ocean Science. Stickney, R. 1972. Effects of Intracoastal Waterway Dredging on Ichthyofauna and Benthic Macro- Invertebrates. Technical Report Series. No 72-4. Skidaway Institute of Oceanography, Savannah, GA. July 1972 60 pp. Stickney, R. and D. Perlmutter. 1975. Impact of Intracoastal Waterway maintenance dredging on a mud bottom benthos community. Biol Consery 01/1975; 7(3):211-225. Van Dolah, R.F., D.R. Calder, and D.M. Knott. 1984. Effects of dredging and open -water disposal on benthic macro invertebrates in a South Carolina estuary. Estuaries 7, 28-37. Van Dolah, R.F., D.R. Calder, D.M. Knott, and M.S. Maclin. 1979. Effects of dredging and unconfined disposal of dredged material on benthic macroinvertebrate communities in Sewee Bay, SC. Marine Resources Center Technical Report 39. Charleston, SC. Welp, T.L., M.W. Tubman, D.A. Wilson, and C.E. Pollock. 2017. Water Injection Dredging. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Wilber, D.H., W. Brostoff, D.G. Clarke, and G.L. Ray. 2005. Sedimentation: Potential biological effects from dredging operations in estuarine and marine environments. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Port of Morehead City Northern Barge Fleeting Expansion RECEIVED JUL 26 2022 DCM-MHD CITY Dial Cordy and Associates Inc. June 2022 11 � .•: • •' Gill' •� Name of Property Owner Requesting Permit: North Carolina State Ports Authority Mailing Address: PO Box 9002 Wilmington, NC 28402 Phone Number: (910) 251-5687 Email Address: todd.walton@ncports.com I certify that I have authorized James Hargrove and Steve Dial of Dial Cordv and Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Expansion of the northern barge fleeting area at my property located at 113 Arendell St in Carteret County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature Todd C Walton Print or Type Name Sr Environmental Supervisor Title 06 / 29 12022 Date This certification is valid through 12/ 31 / 2022 RECEIVED JUL 26 2022 DCM-MHD CITY NORTH CAROLINA P0RTSf 1_ Certified Mail July 5, 2022 Morehead City Yacht Basin 2645 Temples Point Rd Havelock NC 28532 Subject: CAMA Permit Request Notification Barge Fleeting Area Expansion North Carolina State Ports Authority RECEIVED Morehead City, Carteret County Dear Sirs, JUL 26 2022 DCM-MHD CITY In pursuance of a North Carolina Division of Coastal Management (DCM) Major Permit Modification, the NC State Ports Authority (NCSPA) Port of Morehead City (POMC) is required to notify adjacent riparian property owners to any proposed development. Please find a description of the proposed project below along with the DCM adjacent riparian property owner notification/waiver form and adjacent riparian property owner statement form. Dial Cordy and Associates (DC&A) of behalf of Todd Walton at the NCSPA request that a signed copy of these form be returned to DC&A via email (Ihargrove(&dialcordy.com) or mailed to Dial Cordy and Associates Inc. 201 N. Front St. Ste 307, Wilmington, NC 28401. Proposed Action The Proposed Action by the NCSPA at the POMC is proposing to modify the existing Coastal Area Management Act (CAMA) Major Permit 120-13 to expand the current dredge footprint of the northern barge fleeting area. The north barge fleeting area is located in the Newport River at the Port of Morehead City (Port) in Carteret County, North Carolina (NC). The north fleeting area is a temporary mooring facility for loaded barges that are awaiting waterborne transport to inland destinations. Barge fleeting activity at the Port is primarily associated with the transport of imported iron (direct reduced iron and pig iron) to the Hertford Steel plant on the Chowan River in Cofield, NC. Iron imports at the Port have doubled over the last several years; resulting in increased demand for barge fleeting capacity. The proposed action would expand the north barge fleeting area from 2 to 4 acres, thereby accommodating an additional 4 to 6 loaded barges. NORTH CAROLINA P0RTSf t Description of the Proposed Action The north barge fleeting area is located in the Newport River -600 feet north of the northeast corner of the Port terminal facility (Figure 1). The existing fleeting area encompasses 2.0 acres along the western margin of the Atlantic Intracoastal Waterway (AIWW). The authorized depth of the existing facility matches that of the AIWW at -14 ft MLLW (12 + 2 ft of over dredge). A series of six steel pile mooring piles are currently installed within the fleeting area. The proposed action would expand the existing facility westward by dredging an additional 2.0 acres of subtidal bottom to a depth of -14 ft MLLW (12 + 2 ftof over dredge) (Figure 2). An additional 1.0 acre of new dredging would be required to construct a transitional 3:1 slope along the western margin of the 2.0-acre expansion area. In total, the proposed action would require 3.0 acres of new dredging and the removal of an estimated 35,000 cy of material. No new mooring structures are proposed, as the existing mooring piles are sufficient to accommodate additional barges in the expansion area. The depth of the expansion area would be maintained through periodic maintenance dredging expected to occur once every 4-5 years. Existing depths in the proposed new dredging area range from -4 to -14 ft MLLW (Figure 3). Construction and maintenance of the barge fleeting expansion area would employ hydraulic pipeline (cutterhead) dredges and/or mechanical bucket dredge and scow systems. Dredged material would be placed in one of the existing Port - owned confined disposal facilities; which include the Marsh Island, Brandt Island, and North Radio Island disposal areas. Disposal operations for cutterhead dredging would involve direct hydraulic delivery to the disposal area via floating and/or submerged pipeline. In the case of mechanical dredging, disposal would involve the transport of dredged material via scow to the disposal area for placement via mechanical means or hydraulic offloading. RECEIVED JUL 2 6 2022 DCM-MHD CITY 2. NORTH CAROLINA PORTS , SO UE SOUND P O R J Sb E9 =e n i 1i ii i^ a " « Project Location by " 3 iAn Figure 1. Project Location and Proposed Action Area RECEIVED JUL 26 2022 DCM-MHD CITY 3. NORTH CAROLINA PORTS <T a- —Existing -l4-ft Fleeting Area y_- -----Proposed -14-ft Expansion Area Marsh lsfantl Prpposetl 3:1 slope Port of Morehead City Figure 1. North Barge Fleeting Area Expansion Layout RECEIVED JUL 26 2022 DCM-MHD CITY a NORTH CAROLINA P O R,T S el_ A -A' Bathyrretric Profile Graph Easling Balhymtry PmrYe -7 Proposed Baihymetry Profile 0- 2- Area 3 0 E0 100 150 200 250 300 Distance (feet) B - B' Bathynetric Profile Graph &Mmg Balhymetry Profile -10 Proposed Bathymetry Profile 12 -14 Aea �rOPosetl Fkeurg Aree Fs:tiny Fleeing Nea dR 5- 0 50 100 160 200 250 360 Distance (feet) C - C' Bathyaletric Profile Graph -6 .g Exi sting Bathym9ry Profile 0 — 2 Prcposetl 8athymatry Profile Id 31 Sb e IB ea Proporetl Fleeing Area En2n9 FleeMg Nei 0 50 100 150 mo 2' 300 Distance (feet) Legend —Profile Locatim 111Cordoor(MLLW Berge Fleeting Area Elevation(MLLW) ® Existing FleetingAfea Value ® Proposed FleetingArea -High:-2 0 150 300 450 EGO 0 Pioposetl 3:1 Slope Law:-30 Feet Figure 3. Northern Barge Fleeting Expansion Area - Existing and Proposed Bathymetry -!VED JUL 26 2022 DCM-MHD CITY s. NORTH CAROLINA PORTS Certified Mail July 5, 2022 Jeremiah Lee Smith, P.E., PMP Chief, Navigation Branch U.S. Army Corps of Engineers 69 Darlington Ave Wilmington NC 28403 Subject: CAMA Permit Request Notification Barge Fleeting Area Expansion North Carolina State Ports Authority Morehead City, Carteret County Dear Mr. Smith In pursuance of a North Carolina Division of Coastal Management (DCM) Major Permit Modification, the NC State Ports Authority (NCSPA) Port of Morehead City (POMC) is required to notify adjacent riparian property owners to any proposed development. Please find a description of the proposed project below along with the DCM adjacent riparian property owner notification/waiver form and adjacent riparian property owner statement form. Dial Cordy and Associates (DC&A) of behalf of Todd Walton at the NCSPA request that a signed copy of these form be returned to DC&A via email (Ihargrove(a)_dialcordy.com) or mailed to 201 N. Front St. Ste 307, Wilmington, NC 28401. RECEIVED Additional information in the form of an Essential Fish Habitat and Biological Assessment documents are available upon request. JUL 2 6 2022 Proposed Action DCM-MHD CITY The Proposed Action by the NCSPA at the POMC is proposing to modify the existing Coastal Area Management Act (CAMA) Major Permit 120-13 to expand the current dredge footprint of the northern barge fleeting area. The north barge fleeting area is located in the Newport River at the Port of Morehead City (Port) in Carteret County, North Carolina (NC). The north fleeting area is a temporary mooring facility for loaded barges that are awaiting waterborne transport to inland destinations. Barge fleeting activity at the Port is primarily associated with the transport of imported iron (direct reduced iron and pig iron) to the Hertford Steel plant on the Chowan River in Cofield, NC. Iron imports at the Port have NORTH CAROLINA P0RTS. � doubled over the last several years; resulting in increased demand for barge fleeting capacity. The proposed action would expand the north barge fleeting area from 2 to 4 acres, thereby accommodating an additional 4 to 6 loaded barges. Description of the Proposed Action The north barge fleeting area is located in the Newport River —600 feet north of the northeast corner of the Port terminal facility (Figure 1). The existing fleeting area encompasses 2.0 acres along the western margin of the Atlantic Intracoastal Waterway (AIWWW). The authorized depth of the existing facility matches that of the AIWW at -14 ft MLLW (12 + 2 ft of over dredge). A series of six steel pile mooring piles are currently installed within the fleeting area. The proposed action would expand the existing facility westward by dredging an additional 2.0 acres of subtidal bottom to a depth of -14 ft MLLW (12 + 2 ft of over dredge) (Figure 2). An additional 1.0 acre of new dredging would be required to construct a transitional 3:1 slope along the western margin of the 2.0-acre expansion area. In total, the proposed action would require 3.0 acres of new dredging and the removal of an estimated 35,000 cy of material. No new mooring structures are proposed, as the existing mooring piles are sufficient to accommodate additional barges in the expansion area. The depth of the expansion area would be maintained through periodic maintenance dredging expected to occur once every 4-5 years. Existing depths in the proposed new dredging area range from -4 to -14 ft MLLW (Figure 3). Construction and maintenance of the barge fleeting expansion area would employ hydraulic pipeline (cutterhead) dredges and/or mechanical bucket dredge and scow systems. Dredged material would be placed in one of the existing Port -owned confined disposal facilities; which include the Marsh Island, Brandt Island, and North Radio Island disposal areas. Disposal operations for cutterhead dredging would involve direct hydraulic delivery to the disposal area via floating and/or submerged pipeline. In the case of mechanical dredging, disposal would involve the transport of dredged material via scow to the disposal area for placement via mechanical means or hydraulic offloading. RECEIVED JUL 26 2022 DCM-MHD CITY 2. NORTH CAROLINA PORTS P -0 --.-MnREH=AD M.1 RT U1, ------- dd Figure 1. Project Location and Proposed Action Area RECEIVED JUL 26 2022 DCM-MHD CITY 93 NORTH CAROLINA PORTS _, lr t-= Existing -1 -ft Fleeting Area -- Proposed -14-ft Expansion Area Marsh Island 1���, —Proposed 3:1 slope Disposal Area m Figure 1. North Barge Fleeting Area Expansion Layout RECEIVED JUL 26 2022 DCM-MFID CITY :m NORTH CAROLINA PORTS A -A' Bathyretric Prole Graph Eusting Bath try Profile _7 8 — Pro .ed Bethyrretry Fag. ID 3:1 5pposetl FleetnBArea Ens4ig FleeargMea It 2 area 3 0 50 100 160 200 250 WO Distmoe(feet) B - B' Bathynetric Prole Graph - _— Existing BatAymetiy Profile Proposed eathyn try Profile -10 -12 -id 9ppe Pm osrJ Fketi Area Area p r9 E. Ain9 Flee�in9 aea 0 W 100 150 2]0 250 300 Distance (feet) 5- C-C' Bathyrretric Prole Graph -g -g Exlsfin98ettrym&ry Profile 0 12 Proposed Bathymetry Profile 4 31 srea IB RoposE FleetinBAma Cx'mn9 Flewn9A'ea 0 50 im 150 200 250 300' Distance (fees Legend —Pmfile location 1ft Contoor(MLLK e Barge Fleeting Area Elevation(MLLW) ® Existing Fleeting Area value ® Proposed Fleeting Ares - High:-2 0 150 300 450 600 Proposed 3.1 Slope Low'.-30 Feet Figure 3. Northern Barge Fleeting Expansion Area - Existing and Proposed Bathymetry DECEIVED JUL 26 2022 DCM-MHD CITY 5. ROY COOPER cwe wr ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Envlron tal Quality August 12, 2022 The Carteret News Times Legal Advertisement Section 5039 Executive Drive Suite 300 Morehead City, NC 28557 Re: Public Notice - NC Ports Authority Dear Sir: Please publish the attached Notice in the August 27, 2022 issue of the News -Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jessica Gibson, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 515-5407. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Brad Connell Environmental Specialist II Enclosure cc: Gregg Bodnar Heather Styron ROY COOPER Govemor ELIZABETH S. BISER Secretary BRAXTON DAVIS Dkector NORTH CAROLINA Environmental Quality NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on July 26, 2022. According to said application, the NC Ports Authority proposes to expand an existing mooring berth within the Newport River, adjacent to 107 Arendell Street, Carteret County. A copy of the entire application maybe examined or copied at the office of Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 515-5400 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to September 12, 2022, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: August 27, 2022 neoeeammm�w�+vaa�.m,� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City office 1400 Commerce Avenue I Moorehead City, North Carolina 28557 252.808.2808 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS DPector August 12, 2022 NC State Ports Authority c/o Mr. Brian Clark PO Box 9002 Wilmington, NC 28402 Dear Mr. Clark: NORTH CAROLINA Environmental Quality The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development located within the Newport River north of 107 Arendell Street in Morehead City, Carteret County. It was received on July 26, 2022, and appears to be adequate for processing at this time. The projected deadline for making a decision is October 10, 2022. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from July 26, 2022, 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. North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 CommerceAvenoe I Moorehead City, North Carolina 28557 252.808.2808 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, Owd ew"& Brad Connell Coastal Management Representative Enclosure CC: Heather Styron, District Manager Gregg Bodnar, Asst. Major Permits Coordinator Dial Cordy & Associates Inc., Agent North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 252.808.2808 N0T1(61--;1?j PROJECT: Excavation within the Newport River adjacent to 107 Arendell Street in Morehead City, APPLICANT: NC State Ports Authority c/o Brian Clark PO Box 9002 Wilmington, NC 28402 September 112, 2022 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Brad Connell - DCM 400 Commerce Avenue Morehead City, NC 28557 (252)515-5400 James Hargrove From: Perry, John M <John.Perry@ncdenr.gov> Sent: Wednesday, July 6, 2022 3:03 PM To: Todd Walton Cc: James Hargrove Subject: RE: Northern Barge Fleeting Area Expansion- Port of Morehead City Thank you Todd. I will be on the lookout for the application in 30 days. John Perry Environmental Specialist II Division of Water Resources Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Office: (910) 796-7341 Cell: (910) 617-9577 From: Todd Walton <todd.walton@ncports.com> Sent: Wednesday, July 6, 2022 2:56 PM To: Perry, John M <John.Perry@ncdenr.gov> Cc: James Hargrove <jhargrove@dialcordy.com> Subject: Northern Barge Fleeting Area Expansion- Port of Morehead City Good afternoon John, I would like to submit a Pre -filing Notice for the following project: Project Name: Northern Barge Fleeting Area Expansion Project Owner: NC State Ports Authority - Port of Morehead City Project Owner's Address: mailing: PO Box 9002 Wilmington NC 28402. Project address 113 Arendell St, Morehead City NC 28557 Project County: Carteret Type of project/Approval Sought: Dredging/ GP291 Anticipated Impacts: new dredging of ^3 acres on the west side of the existing barge fleeting area. I have attached the project narrative that has drawings and maps within it. Please let me now if any additional information is needed. Thanks, RECEIVED JUL 2 6 2022 DCM-MHD CITY Todd C. Walton NORTH CAROLINA PORTS Senior Environmental Analyst 910-746-6460 Direct 800-336-2405 Toll Free noports. com Email to and from this address is public record and may be disclosed to authorized third parties. RECEIVED JUL 2 6 2022 DCM-MHD CITY DIAL CORDY r\Nl) ,\SS0 (:IA-I'I-S INC f- lwil'nul 1,.1 mil ("n 1911ii, it lis 201 N. Front Street, Suite 307 Wilmington, NC 28401 (910) 251-9790 Fax (910) 251-9409 July 14, 2022 Heather Styron Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Ave Morehead City, NC 28557 Subject: Port of Morehead City Northern Barge Fleeting Area Expansion, CAMA Major Permit Modification (# 120-13) Dear Heather Styron, On behalf of the North Carolina State Ports Authority, Dial Cordy and Associates Inc. is pleased to submit this CAMA Major Permit modification (# 120-13) to the Division of Coastal Management for review and permit issuance. The Port at Morehead City is requesting a modification to the CAMA Major Permit (120-13) to expand the footprint of the existing northern barge fleeting area. The existing fleeting area encompasses 2.0 acres along the western margin of the Atlantic Intracoastal Waterway (AIWW). The authorized depth of the existing facility matches that of the AIWW at -14 ft MLLW (12 + 2 ft of over dredge). A series of six steel pile mooring piles are currently installed within the fleeting area. The proposed action would expand the existing facility westward by dredging an additional 2.0 acres of subtidal bottom to a depth of -14 ft MLLW (12 + 2 ft of over dredge). An additional 1.0 acre of new dredging would be required to construct a transitional 3:1 slope along the western margin of the 2.0-acre expansion area. In total, the proposed action would require 3.0 acres of new dredging and the removal of an estimated 35,000 cy of material. No new mooring structures are proposed, as the existing mooring piles are sufficient to accommodate additional barges in the expansion area. The depth of the expansion area would be maintained through periodic maintenance dredging expected to occur once every 2-5 years using the currently permitted NCSPA water injection dredge. Existing depths in the proposed new dredging area range from - 4 to -14 ft MLLW. Construction of the barge fleeting expansion area would employ hydraulic pipeline (cutterhead) dredges and/or mechanical bucket dredge and scow systems. Dredged material would be placed in one of the existing Port -owned confined disposal facilities; which include the Marsh Island, Brandt Island, and North Radio Island disposal areas. Disposal operations for cutterhead dredging would involve direct hydraulic delivery to the disposal area via floating and/or submerged pipeline. In the case of mechanical dredging, disposal would involve the transport of dredged material via scow to the disposal area for placement via mechanical means or hydraulic offloading. RECEIVED JUL 2 6 2022 DCM-MHD CITY Included with this letter are the following documents for your review and consideration: MP1, MP2 forms and the project narrative for the proposed permit modification to CAMA Major Permit (# 120-13). Riparian land owner notification forms and project descriptions were mailed via certified letter to the USACE and Morehead City Yacht Club. Also available are the Essential Fish Habitat Assessment (EFH) and Biological Assessment (BA). The EFH and BA will be delivered to the USACE Wilmington District office in paper and digital form. We look forward to working with you to complete the proposed permit modification. Enclosure CC: Todd Walton, NCSPA Liz Hair, USACE, Wilmington District Heather Coats, NCDCM Sincerely, Dial Cordy and Associates Inc. ' / � D"e R. Steve Dial President RECEIVED JUL 2 6 2022 2 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 (11 /1 /2012) Applicant: NC Port Authority Date: 8112/22 Project Site County: Carteret Staff: Brad Connell District: ❑Elizabeth City ❑Washington ®Morehead City ❑Wilmington Project Name: barge berth expansion Date of initial application submittal (EX: 1/8/2007): 7/26/22 Date application "received as complete" in the Field office (EX: 1/8/2007): 7/26/22 Permit Authorization: ❑CAMA ❑Dredge & Fill ®Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes ®No Photos Taken: Yes ❑ No® Setback Required (riparian): ❑Yes M No Critical Habitat: ❑Yes ®No []Not Sure 15 foot waiver obtained: ❑Yes ®No Hazard Notification Returned: ❑Yes ®No SAV: ❑Yes ®No ❑Not Sure Shell Bottom: ❑Yes ®No ❑ Not Sure Temporary Impacts: ®Yes ❑No Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from county LUP: ®Yes ❑No Mitigation Required (optional): ❑Yes ❑No Moratorium Conditions: ®Yes []No ❑NA Environmental Assessment Done: ®Yes ❑No ❑ NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) I ❑ Swamp Waters (SW) ® High Quality Waters (HOW) I ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ 111(A) Private w/ D&F up to 1 acre; 3490 ❑ III(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 ❑ Major development extension request - ❑ IL Public or commercial/no dredge $100 and/or fill - $400 ❑ 1. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: NC Ports Date: 8/23122 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Open Water Dredge ® Fill El Both [I Other ❑ 232,400 ft2 232,400 ft2 Dredge ❑ Fill ❑ Bath ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1-888-4RCOAST :: w .nccoastalmananement.net revised: 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: NC Ports Date: 8/23/22 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 t Dimension 2 Dimension 3 Dimension 4 One One Excavation 1 New work ® Replace 560' 415' Maint ❑ ®Y ON New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N revised 02/15N 0 NC Division of Coastal Management Cashier's Official Receipt -B( Received From: & 924 Permit No.: r- Applicant's Name: �1 M Project Address: i i; 6 A S4. ` r H 21614 A BCD Date: 20 $ y;Z5- Check No.: County: Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Signature of Field Representative: IIA Date: n o Date: Ste^" MAJOR PERMIT FEE (f—M,IATIIRIX Applicant: NC cgOtT-e (" r-5 gt.L-410Nr Selection Development Type Fee DCM % DWQ % (14300 4 551000931625 6253) (243001602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial ❑ development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: Major Modification to a $250 100% ($250) 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, B, C, or D below applies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached can be a lied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60% ($240) :140% 40% ($160) 4097 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60% ($285) ($190) excavation of more than one acre of wetlands and/or open water areas: ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAMS Director August 23, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) g regg. b od n a r(ccil N C D E N R.g o v SUBJECT: CAMA Application Review Applicant: NC State Ports Authority Project Location: 107 Arendell St, Carteret County Proposed Project: Major Modification to Major #120-13 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by Septe►nbet 20r 2022 If you have any questions regarding the proposed project, contact Brad Connell 252-515-5415. when appropriate, in-depth comments with supporting data is requested. PRINT NAME AGENCY SIGI4ATURE DATE This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Qp North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City office i 400 Commerce Avenue I Moorehead City, North Carolina28557 2528082808 DCM Coordinator: Gregg Bodnar Distributed Yes CpNo Applicant: C �S Distribution Date: �pv ok '� AGENCY W IRO WARD LPO nit - T o yJC Rachel Love Adrick MHC Rachel Love Adrick Washingon DCM Planner Mike Christenbury Wilmington Charlan Owens Eliz City US COE: Liz Hair Raleigh Bland (Beaufort Camden, Chowon, (Carteret Onslow, Pender) Craven, Hertford, Hyde, Perquimans, Tyrrell) Jordan Jessup (TBD) Josh Peletier — (Bertie, Currituck, Dare, Gates, Greg Curry (TDB) Pamlico, Posquotank, Washington) USCOE (NC DOT) (Brunswick, New Hanover) DOT - Tom Steffans—(Beaufort, Carteret, DOT Brad Shaver Craven, Pamlico (Brunswick, New Hanover, Onslow, Pender) Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Brunswick) Lee Padrick (Beaufort Carteret, Craven, Eliz Lee Padrick (Beaufort, Carteret, Craven City, Pamlico, Washington) Eliz City, Pamlico, Washington Cultural Resources Renee Gledhill -Earley Renee Gledhill -Earley Div. of Water Infrastructure Heidi Cox Clif Whitfield Marine Fisheries Kimberlee Harding Jimmy Harrison NC DOT David Harris David Harris Shellfish Sanitation Shannon Jenkins & Sharon Gupton Shannon Jenkins & Sharon Gupton Tim Walton & Mike Moser & Wanda State Property Hillard Tim Walton & Mike Moser & Wanda Hillard DEMLR/DWR: Sheri A. Montalvo/Shelton Sullivan Sheri A. Montalvo/ Shelton Sullivan (NC DOT) Kristy Lynn Carpenter Kristy Lynn Carpenter DEMLR Sediment & Erosion ^ Dan Sams `�64p X Sam! Dumpor Storm water Christine Hall CC Roger Thorpe DWR 401 Holley Snider (Carteret, New Hanover Anthony Scarbraugh Onslow, Pender,) Chad Coburn (Brunswick) (NC DOT) Joanne Steenhuis Brunswick, New Garcy Ward Hanover, Onslow, Pender WRC Maria Dunn (WARD) Maria Dunn (WARD) WRC (NC DOT) Travis Wilson Travis Wilson Natural Heritage Program Rodney Bulter Rodney Bulter S:\Amanda Cannon\Majors\Misc Major Forms\Comment Sheet - sending for comments.docx Revised: 5/7/2019 ESSENTIAL FISH HABITAT ASSESSMENT NORTH BARGE FLEETING AREA EXPANSION PORT OF MOREHEAD CITY 5 July 2022 Prepared for: North Carolina State Ports Authority PO Box 9002 Wilmington, North Carolina 28402 Prepared by: Dial Cordy and Associates Inc. 201 North Front Street, Suite 307 Wilmington, North Carolina 2 8401 DIAL CORDY AND ASSOCIA I,_S INC RECEIVED JUL 2 6 2022 DCM-MHD CITY 0 TABLE OF CONTENTS Page 1.0 INTRODUCTION..............................................................................................................1 2.0 LOCATION AND DESCRIPTION OF THE PROPOSED ACTION....................................1 3.0 DESCRIPTION OF THE ACTION AREA..........................................................................6 4.0 Essential Fish Habitat and Managed fisheries IN THE ACTION AREA .............................7 4.1 Federally Managed Species.........................................................................................8 4.1.1 Peneaid Shrimp.....................................................................................................8 4.1.2 Snapper -Grouper Complex....................................................................................8 4.1.3 Summer Flounder..................................................................................................9 4.1.4 Coastal Migratory Pelagics....................................................................................9 4.1.5 Bluefish................................................................................................................10 4.1.6 Smooth Dogfish...................................................................................................1 C 4.2 EFH and HAPC..........................................................................................................11 4.2.1 Estuarine Water Column......................................................................................11 4.2.2 Unconsolidated Bottom........................................................................................11 4.2.3 Oyster Reefs and Shell Banks.............................................................................11 4.2.4 Submerged Aquatic Vegetation...........................................................................12 4.2.5 Estuarine Emergent Wetlands (Tidal Marsh)........................................................12 4.2.6 State -Designated Fish Nursery Areas..................................................................12 5.0 EFFECTS OF THE PROPOSED ACTION ON EFH AND MANAGED SPECIES ............ 17 5.1 Estuarine Water Column.............................................................................................17 5.1.1 Sediment Suspension and Turbidity....................................................................17 5.1.2 Larval Entrainment...............................................................................................18 5.2 Unconsolidated Bottom...............................................................................................18 5.3 Oyster Reefs and Shell Banks....................................................................................19 5.4 Submerged Aquatic Vegetation(SAV)........................................................................19 5.5 Estuarine Emergent Wetlands (Tidal Marsh)...............................................................20 6.0 CONSERVATION MEASURES......................................................................................20 7.0 REFERENCES.......................................................................................................RELIVED JUL 26 2022 DCM-MHD CITY Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 LIST OF TABLES Page Table 1. EFH and HAPC in the vicinity of the action area...........................................................7 Table 2. Penaeid shrimp salinity requirements and recruitment periods (NCDEQ 2016).............8 LIST OF FIGURES Page Figure 1. Proposed Action Location Map...................................................................................3 Figure 2. North Barge Fleeting Area Expansion Layout.............................................................4 Figure 3. North Barge Fleeting Expansion Area - Existing and Proposed Bathymetry ................5 Figure 4. NCDMF Shell Bottom Map........................................................................................14 Figure5. NCDMF SAV Map.....................................................................................................15 Figure 6. State -Designated Fish Nursery Areas.......................................................................16 RECEIVED JUL 26 2022 DCM-MHD CITY Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 LIST OF ACRONYMS °C Degrees Centigrade AIWW Atlantic Intracoastal Waterway ASMFC Atlantic States Marine Fisheries Commission CDF Confined Disposal Facility CPE Coastal Planning & Engineering, Inc. CWA Clean Water Act CY Cubic Yards DA Department of the Army DMMP Dredged Material Management Plan EFH Essential Fish Habitat FT Feet HAPC Habitat Areas of Particular Concern M Meters MAFMC Mid -Atlantic Fishery Management Council MCH Morehead City Harbor MSFCMA Magnuson -Stevens Fishery Conservation and Management Act INC North Carolina NCAC North Carolina Administrative Code NCDEQ North Carolina Department of Environmental Quality NCDMF North Carolina Division of Marine Fisheries NEFSC Northeast Fisheries Science Center NMFS National Marine Fisheries Service NOAA National Oceanic and Atmospheric Administration NTU Nephelometric Turbidity Units PNA Primary Nursery Area PPT Parts Per Thousand RHA Rivers and Harbors Act SAFMC South Atlantic Fishery Management Council SAV Submerged Aquatic Vegetation SNA Secondary Nursery Areas TSS Total Suspended Solids USACE United States Army Corps of Engineers USC United States Code WID Water Injection Dredging RECEIVED JUL 26 2022 DCM-MHD CITY Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 iv 1.0 INTRODUCTION This Essential Fish Habitat (EFH) Assessment has been prepared in accordance with the Magnuson -Stevens Fishery Conservation and Management Act (MSFCMA) to address the effects of proposed new dredging work at the Port of Morehead City on EFH and federally managed fisheries. The North Carolina State Ports Authority (NCSPA) has requested Department of the Army (DA) authorization pursuant to Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act (RHA) to expand the existing north barge fleeting area in the Newport River at the Port of Morehead City (Port) in Carteret County, North Carolina (NC). The north fleeting area is a temporary mooring facility for loaded barges that are awaiting waterborne transport to inland destinations. Barge fleeting activity at the Port is primarily associated with the transport of imported iron (direct reduced iron and pig iron) to the Hertford Steel plant on the Chowan River in Cofield, NC. Iron imports at the Port have doubled over the last several years; resulting in increased demand for barge fleeting capacity. The proposed action would expand the north barge fleeting area from 2 to 4 acres, thereby accommodating an additional 4 to 6 loaded barges. RECEIVED 2.0 LOCATION AND DESCRIPTION OF THE PROPOSED ACTION JUL 26 2022 The north barge fleeting area is located in the Newport River —600 feet north of the Id6-MiefiHD CITY corner of the Port terminal facility (Figure 1). The existing fleeting area encompasses 2.0 acres along the western margin of the Atlantic Intracoastal Waterway (AIWW). The authorized depth of the existing facility matches that of the AIWW at -14 ft MLLW (12 + 2 ft of over dredge). A series of six steel pile mooring piles are currently installed within the fleeting area. The proposed action would expand the existing facility westward by dredging an additional 2.0 acres of subtidal bottom to a depth of -14 ft MLLW (12 + 2 ft of over dredge) (Figure 2). An additional 1.0 acre of new dredging would be required to construct a transitional 3:1 slope along the western margin of the 2.0-acre expansion area. In total, the proposed action would require 3.0 acres of new dredging and the removal of an estimated 35,000 cy of material. No new mooring structures are proposed, as the existing mooring piles are sufficient to accommodate additional barges in the expansion area. The depth of the expansion area would be maintained through periodic maintenance dredging every 2 to 5 years. Existing depths in the proposed new dredging area range from -4 to -14 ft MLLW (Figure 3). The sediments to be removed from the new dredging area are part of a uniform fine sand to silty fine sand layer that extends from the surface to a depth of -45-ft MLLW (Catlin Engineers 2013). Construction of the barge fleeting expansion area would employ a hydraulic pipeline (cutterhead) dredge and/or a mechanical bucket dredge and scow system. Construction dredged material would be placed in one of the existing Port -owned confined disposal facilities; which include the Marsh Island, Brandt Island, and North Radio Island disposal areas. Construction disposal operations for cutterhead dredging would involve direct hydraulic delivery to the disposal area via floating and/or submerged pipeline. In the case of mechanical dredging, disposal would involve the transport of dredged material via scow to the disposal area for placement via mechanical means or hydraulic offloading. Periodic maintenance of the barge fleeting expansion area would be accomplished by the Port -owned water injection dredge. Water Essential Fish Habitat Assessment Dial Gordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 1 injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment -water mixture known as a density current that flows along the bottom via gravity to deeper areas. A pipe manifold with a series of water injection nozzles is used to inject water into the sediment bed. The use of water injection dredging for maintenance of the Port's existing berths, fleeting areas, and turning basins is currently authorized under the Port's existing CAMA Major Permit. Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion RECEIVED JUL 26 2022 DCiVi-MHD CITY Dial Cordy and Associates Inc. July 2022 BOGUE SOUND + 0 0 P 0 R T L E 9 13 n a a a •, FAUF RT .� •'HE V Q' Nd`kej ,_.a n ad __i dE - �-a,\.`.x-sf .o .. a�y�p• „-. 7 h ._ • a � x � rm Y ItC r 4 _..i fa a ft x q a N �N. �p tl x 19 Y I fl ® N q PI2Y x 1 q .1 fl 4 ...q q n f y f • dY a 1 �r SY Otf q f8p Y Y d 1S4 L9FSRN:C0.. sww N� x Figure 1. Proposed Action Location Map RECEIVED JUL 2 6 Z022 DCM-MHD CITY Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 3 Figure 2. North Barge Fleeting Area Expansion Layout JUL 26 2022 DCM-MHD CITY Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 49 Y 5- O - A - A' Bathynetric Profile Graph Cisance (feet) B - B' Bathyrretric Profile Graph Feting Bet pn*y Prd1s 10 Proposed Bethymetry Profls 12 14 Ue Area Propssetl Fketlie Mea 6usp9 Flee4q Mea 811 5- 0 60 100 160 210 260 300 Distance(feet) C-C BatirAmtrle Pre le Graph _ Usting Bethyrrwtry Prose -a 10 Proposed Baeryr etry Rags 12 3:1 14 e 18 Rapasra Fleeft Mara i3dtinp Fle"Mee 0 6o 100 160 2D0 250 300 new= (feet) — Profile Location — 1t Contour (MLL" e Barge Fleeting Area Elevation (MLLW) ® Usting Fleeting Area Value ® Proposed Fleeting Area ' High:-2 0 150 300 450 500 ® Proposed 3:1 Slope Low : -30 Feet Figure 3. North Barge Fleeting Expansion Area - Existing and Proposed Bathymetry IECEIVED OL 26 2022 -AHD CITY Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 3.0 DESCRIPTION OF THE ACTION AREA The north barge fleeting area is located —3 miles from the Atlantic Ocean in the lower Newport River Estuary between Morehead City and Beaufort in Carteret County, NC. The lower Newport River Estuary is a shallow, tidally -controlled system with an average depth of —3 feet MLLW. Mean tidal range in the lower estuary is 3.1 feet, and salinities approach those of seawater (34 ppt) (Kirby -Smith and Costlow 1989). The proposed new dredging area is located between the AIWW federal navigation channel and the Marsh Island disposal area. The AIWW navigation channel is maintained at a width of 250 feet and depth of 12 + 2 ft MLLW. The Marsh Island disposal area consists of diked uplands that are partially surrounded by unconfined tidal saltmarsh. Benthic habitats within the proposed new dredging area consist of sandy unconsolidated bottom. The surrounding Newport River Estuary contains a complex assemblage of intertidal and shallow subtidal estuarine habitats; including sandy shoals, shellfish beds, submerged aquatic vegetation (SAV) beds, and tidal saltmarsh. RECEIVED JUL 26 2022 DClvi-,AHD CITY Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 6 4.0 ESSENTIAL FISH HABITAT AND MANAGED FISHERIES IN THE ACTION AREA The action area encompasses marine and estuarine habitats that are designated as EFH and/or Habitat Areas of Particular Concern (HAPCs) in Fishery Management Plans (FMPs) developed by the South Atlantic Fisheries Management Council (SAFMC), Mid -Atlantic Fishery Management Council (MAFMC), and/or the National Marine Fisheries Service (NMFS) (Table 1). The MSFCMA defines EFH as "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity." HAPCs comprise a more specific subset of EFH that are considered to be especially critical due to factors such as rarity, susceptibility to human -induced degradation, and/or high ecological importance. Federally managed species and associated EFH/HAPCs that occur in the vicinity of the action area are described in the sections below. Table 1. EFH and HAPC in the vicinity of the action area. SPECIES/GROUP EFHIHAPC SAFMC EFH Tidal Estuarine Emergent Wetlands Penaeid Shrimp Submerged Aquatic Vegetation SubtidaUlntertidal Non -vegetated Flats Tidal Estuarine Emergent Wetlands Tidal Creeks Snapper -Grouper Submerged Aquatic Vegetation Oyster Reefs and Shell Banks Unconsolidated Bottom Coastal Migratory Pelagics Primary Nursery Areas Coastal Inlets SAFMC HAPC Penaeid Shrimp Primary Nursery Areas Coastal Inlets Primary Nursery Areas Snapper -Grouper Submerged Aquatic Vegetation Oyster Reefs and Shell Banks Coastal Inlets Coastal Migratory Pelagics Coastal Inlets High Salinity Estuaries (Bogue Sound) MAFMC EFH Summer Flounder Estuaries with salinities >0.5 ppt Bluefish Estuaries Atlantic Butterfish Inshore pelagic habitats MAFMC HAPC IRECE Summer Flounder Submerged Aquatic Vegetation NMFS EFH JUL 2 Highly Migratory Species (Smooth Dogfish) Estuaries Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 7 IVED 2022 D CITY 4.1 Federally Managed Species 4.1.1 Peneaid Shrimp Federally managed penaeid shrimp in NC include brown shrimp (Farfantepenaeus aztecus), pink shrimp (F. duorarum), and white shrimp (Litopenaeus setiferus). Adults spawn offshore in high salinity oceanic waters during the winter or spring, and the ocean -spawned larvae and post -larvae are transported by currents to inshore estuarine nursery habitats where they maintain a benthic existence (SAFMC 1981). Larval and post -larval estuarine recruitment periods vary among the three species (Table 2). Penaeid shrimp tolerate a wide range of salinities (Table 2) and are most abundant in shallow mud -silt habitats where they congregate at the highly productive marsh -water interface. As their size increases, shrimp move toward higher -salinity ocean waters, eventually migrating offshore in the fall. The action area encompasses habitats that are designated as EFH and HAPCs for all life stages of penaeid shrimp; including estuarine tidal marshes, subtidal and intertidal non -vegetated flats, coastal inlets, submerged aquatic vegetation (SAV), and state designated Primary Nursery Areas (PNAs) and Secondary Nursery Areas (SNAs). Table 2. Penaeid shrimp salinity requirements and recruitment periods (NCDEQ 2016). Species Salinity (ppt) Juvenile Recruitment Brown Shrimp 2-35 February - March Pink Shrimp 0-35 June - October White Shrimp 2-35 April - May 4.1.2 Snapper -Grouper Complex CEIVED JUL 26 2022 DCM-MHD CITY The snapper -grouper complex is an assemblage of 59 species that share a common association with hardbottom or reef habitats during part of their life cycle. Snappers (Lutjanidae), groupers (Serranidae), porgies (Sparidae), and grunts (Haemulidae) generally inhabit offshore reef and hardbottom habitats; whereas, nearshore ocean hardbottoms along the NC coast have cooler temperatures and a fish community dominated primarily by black sea bass (Centropristis striata), scup (Stenotomus chrysops), and associated temperate species (Sedberry and Van Dolah 1984). Most snapper -grouper species are associated with offshore reef and hardbottom habitats throughout their life cycle; however, a few species such as black sea bass, gag (Mycteroperca microlepis), gray snapper (Lutjanus griseus), and lane snapper (L. synagris) use estuarine nursery habitats for juvenile development (SAFMC 1998, NCDMF 2006). Juveniles of these estuarine -dependent species emigrate from the estuary to nearshore hardbottom habitats in the Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 fall, and eventually move to offshore reef and hardbottom habitats. Moser at al. (1999) reported that juvenile gag, red grouper, and black grouper recruited to the lower Newport River Estuary and Bogue Sound from mid -April to early June and remained through early November. Juveniles were found only in polyhaline habitats near inlets, initially occupying SAV beds for 3-4 months before moving to complex structural habitats such as estuarine jetties. Caridean shrimp comprised 51% of the total food volume consumed, with Penaeid shrimp and fish contributing 21% and 16% of the total volume, respectively. Amphipods and copepods were frequently consumed, but comprised only a small percentage of the overall volume. The action area encompasses habitats that are designated as EFH and HAPCs for the juvenile life stages of estuarine -dependent snapper -grouper species; including estuarine tidal marsh, tidal creeks, unconsolidated bottom, SAV, oyster reefs, and state -designated PNAs and SNAs. RECEIVED 4.1.3 Summer Flounder JUL 26 2022 The geographic range of the summer flounder (Paralichthys dentatus) includes shallow ep&%IAHD CITY and outer continental shelf waters along the Atlantic Coast from Nova Scotia to Florida (Packer at al. 1999). Adult summer flounder exhibit strong seasonal inshore -offshore movements; concentrating in estuaries and sounds from late spring through early fall before migrating offshore to the outer continental shelf where spawning occurs during the fall and early winter. Larvae and post larvae recruit to estuarine nursery habitats from October to May and eventually settle to the bottom and bury into the sediment where development to the juvenile life stage is completed. Late larval and juvenile flounder actively prey on crustaceans, copepods, and polychaetes (NEFSC 1999). Juveniles prefer sandy shell substrates; but also inhabit marsh creeks, mud flats, and seagrass beds. Juveniles often remain in North Carolina estuaries for 18 to 20 months. Adults prefer sandy substrates, but also use seagrass beds, tidal marsh creeks, and sand flats (ASFMC 2011 c and d, NEFSC 1999). The action area encompasses habitats that are designated as EFH and HAPCs for larval, juvenile, and adult summer flounder; including estuarine waters with salinities >0.5 ppt and SAV. 4.1.4 Coastal Migratory Pelagics The coastal migratory pelagics management unit includes Spanish mackerel (Scomberomorus. maculates), king mackerel (S. cavalla), and cobia (Rachycentron canadum). Adult Spanish mackerel spawn in groups over the inner continental shelf; beginning in April off the Carolinas. Larvae are most commonly found in nearshore ocean waters at shallow depths less than 30 ft. Most juveniles remain in nearshore ocean waters, but some use high salinity estuaries (e.g., Bogue Sound) as nursery habitats. Adult Spanish mackerel spend most of their lives in the open ocean but are also found in tidal estuaries and coastal waters (ASMFC 2011 a, 2011 b, Mercer at al. 1990). King mackerel are primarily a coastal species, with smaller individuals of similar size forming schools over reefs and areas of bottom relief, and larger solitary individuals preferring anthropogenic structures and wrecks. Cobia are found over the continental shelf and in high salinity estuaries; preferring waters in the vicinity of reefs and artificial structures such as pilings and buoys. Cobia spawning along NC occurs primarily in offshore ocean waters during May and Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 9 June; however, spawning has also been observed in estuaries and shallow bays, with the young moving offshore soon after hatching (SAFMC 1983 and 2011). In Bogue Sound, Spanish mackerel and cobia larvae are common in the seawater (>25 ppt) salinity zone, while adults and juveniles are abundant to common in both the seawater and mixing (0.5-25 ppt) zones (Nelson et al 1991). The action area encompasses habitats that are designated as EFH and HAPCs for coastal migratory pelagics; including high salinity estuaries, coastal inlets, SAV, and state - designated PNAs and SNAs. 4.1.5 Bluefish The bluefish (Pomatomus saltatrix) is a migratory, pelagic species found in temperate and semi- tropical continental shelf waters around the world with the exception of the north and central Pacific. In North America, bluefish range from Nova Scotia to Florida in the Atlantic Ocean and from Florida to Texas in the Gulf of Mexico. Spawning in the South Atlantic Bight occurs near the shoreward edge of the Gulf Stream primarily during April and May. Larval development occurs in the upper water column over the outer continental shelf, with transitional pelagic juveniles eventually moving to nearshore ocean and estuarine waters that serve as the principal nursery habitats for juvenile development (Kendall and Watford 1979). Estuarine juveniles are most commonly associated with sandy unconsolidated bottom habitats; but also use mud/silt bottom, SAV, marine macroalgae, oyster reefs, and tidal marshes (Shepherd and Packer 2006). Juveniles are common in high salinity estuaries along the southern NC coast during summer and fall, where they are usually associated with salinities of 23 to 33 ppt; however, juveniles are found at salinities as low as 3 ppt (Fahay et al. 1999). Designated inshore EFH for juvenile and adult bluefish along the southern NC coast includes estuaries below MHW. 4.1.6 Smooth Dogfish The smooth dogfish (Mustelus canis) is a small, migratory, demersal shark species of inshore and continental shelf waters from Massachusetts to northern Argentina in the Atlantic Ocean. The species is viviparous, with pupping occurring in estuarine waters from Virginia to Massachusetts (McCandless et al. 2007). Pups are born during spring and summer, and juveniles remain in estuarine nursery areas until fall. Larger juveniles occupy deeper estuarine waters before joining adults on the continental shelf. Juveniles in estuarine nursey areas prey on polychaetes, decapod shrimp, crabs, bivalves, and small estuarine fish (Able and Fahay 2010). Adults undertake seasonal migrations between inshore pupping grounds and offshore wintering grounds on the on the outer continental shelf (Branstetter 2002; Able and Fahay 2010). Adults migrate inshore during the spring when water temperatures reach 6 to 7 °C, and move offshore during the early fall as water temperatures decrease (Compagno 1984). Inshore estuarine waters in the vicinity of the action area are designated as EFH for all life stages of the smooth dogfish. RECEIVED JUL 26 2022 Essential Fish Habitat Assessment Dial Cordy and Associ �S' ii. HID CITY Newport River Barge Fleeting Area Expansion July 2022 10 4.2 EFH and HAPC 4.2.1 Estuarine Water Column The north barge fleeting area is located -3 miles from the Atlantic Ocean in the lowermost polyhaline reach of the Newport River Estuary. Just below the fleeting area, the estuary converges with Bogue Sound, Back Sound, and Beaufort Inlet. Beaufort Inlet extends -2.5 miles from the Port of Morehead City to the Atlantic Ocean. Beaufort Inlet is an important transport corridor for the planktonic eggs and larvae of estuarine -dependent fishes and invertebrates that spawn offshore as adults and reside in estuarine nursery areas during juvenile development. Successful recruitment of ocean -spawned planktonic larvae to estuarine nursery areas is dependent on passive ocean -to -sound transport through a relatively small number of narrow tidal inlets. Larvae spawned offshore are transported shoreward by the prevailing currents, eventually accumulating in the nearshore ocean zone where they are picked up by long -shore currents and transported to inlets (Churchill et al. 1999). Temporal patterns of larval transport through Beaufort Inlet were described by Hettler and Chester (1990). Overall larval densities within the inlet were highest from late May to early June and lowest in November. Species richness was also highest (32 taxa) from late May to early June and lowest (3 taxa) in November. 4.2.2 Unconsolidated Bottom Intertidal and shallow subtidal unconsolidated bottom habitats provide abundant food resources for estuarine -dependent juveniles in an environment that is relatively inaccessible to large predators via shallow depths (SAFMC 1998). Shallow unconsolidated bottom habitats support highly productive benthic microalgal communities. Benthic microagal primary production, along with imported primary production in the form of phytoplankton and detritus, supports highly productive benthic infaunal invertebrate communities that comprise the prey base for most estuarine -dependent demersal fishes; including summer flounder and estuarine -dependent species of the snapper -grouper complex. Penaeid shrimp are most abundant in shallow unconsolidated bottom habitats at the highly productive shallow bottom -marsh interface (NCDEQ 2016). Unconsolidated bottom habitats consisting of fine sand to silty fine sand comprise al[ofCEIVED the benthic habitat within the proposed new dredging area (Catlin Engineers 2013). JUL 26 2022 4.2.3 Oyster Reefs and Shell Banks DCM-MHD CITY Shell bottom habitats include oyster reefs, aggregations of non -reef building shellfish species [e.g., clams and scallops (Argopecten irradians, A. gibbus)], and surface concentrations of broken shells (shell hash). Oysters are the dominant reef -building species of estuarine shell bottom habitats in NC. Non -reef building shellfish species that occur at densities sufficient to provide structural habitat for other organisms include scallops, pen shells (Atrina seratta, A. rigida), and rangia clams (Rangia cuneata) (SAFMC 2009). Shell bottom habitats function as important nursery and foraging areas for estuarine -dependent juveniles. Shell bottom structure provides refuge from predation and concentrates macroinvertebrates that comprise the prey base for many Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 11 estuarine -dependent juvenile fishes (NCDEQ 2016). NCDMF benthic habitat maps depict a narrow linear zone of shell bottom habitat -300 feet west of the proposed new dredging area along the shoreline of Marsh Island (Figure 4). Additional mapped shell bottom habitats are distributed throughout the surrounding Newport River Estuary. 4.2.4 Submerged Aquatic Vegetation Submerged Aquatic Vegetation (SAV) in NC estuaries encompasses a number of bed -forming rooted aquatic vascular plants (NCDEQ 2016). SAV beds occur on subtidal and occasionally intertidal sediments in sheltered estuarine waters. Environmental requirements include unconsolidated sediments for root and rhizome development, adequate light reaching the bottom, and moderate to negligible current velocities (Thayer et al. 1984, Ferguson and Wood 1994). SAV beds provide important structural fish habitat and perform important ecological functions such as primary production, sediment and shoreline stabilization, and nutrient cycling (NCDEQ 2016). SAV habitats are important nursery areas for the juveniles of estuarine -dependent species; including species of the snapper -grouper complex, bluefish, summer flounder, and penaeid shrimp. NCDMF SAV maps do not identify any SAV within or immediately adjacent to the proposed new dredging area (Figure 5). Small patches of SAV are identified along the western shoreline of Marsh Island opposite the proposed dredging area. Additional mapped SAV habitats are distributed throughout the surrounding Newport River Estuary. 4.2.5 Estuarine Emergent Wetlands (Tidal Marsh) Along with shallow unconsolidated bottom areas, salt and brackish marshes along the NC coast function as important nursery habitats for federally managed species such as summer flounder, penaeid shrimp, and estuarine dependent species of the snapper -grouper complex. Penaeid shrimp are considered critically linked to marsh edge habitat (SAFMC 1998). The majority of the state designated fish nursery areas in NC encompass shallow soft bottom areas and associated fringing tidal marshes (NCDEQ 2016). Tidal marshes in the lower polyhaline Newport River Estuary are dominated by monospecific zones of smooth cordgrass (Spartina alterniflora) and black needlerush (Juncus romerianus). No tidal marshes are present within the proposed new dredging area. The nearest tidal marshes are located -300 feet west of the proposed dredging footprint along the shoreline of Marsh Island. The tidal marsh along the eastern shoreline. fCEIVED Marsh Island consists of an approximately 400-ft-wide zone of smooth cordgrass. JUL 26 2022 4.2.6 State -Designated Fish Nursery Areas DCM-MHD CITY Primary Nursery Areas (PNAs) are defined as "those areas in the estuarine system where initial post -larval development takes place" [15 North Carolina Administrative Code (NCAC) 31 .0101(b)(20)(E)]. PNAs support uniform populations of very early juveniles and are typically located in the upper reaches of the estuarine system. Secondary Nursery Areas (SNAs) are Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 12 defined as "those areas in the estuarine system where later juvenile development takes place." Secondary Nursery Areas support uniform populations of developing subadults that have moved from PNAs to the lower portions of the estuarine system. For most estuarine -dependent species, larval settlement occurs in the uppermost reaches of shallow tidal creek systems (Weinstein 1979, Ross and Epperly 1985). The abundance of juveniles in estuarine nursery areas generally peaks between April and July (Ross and Epperly 1985). PNAs and SNAs are designated as HAPC for shrimp, coastal migratory pelagics, and estuarine dependent species of the snapper -grouper complex. Designated PNAs that are nearest to the proposed new dredging area are located —1.3 miles to the northwest in small tributaries of the Newport River (Calico Creek and Crab Point Bay) (Figure 6). The nearest additional PNAs and SNAs are located in the Newport River —4 miles upstream of the proposed new dredging area. RECEIVED JUL 26 2022 DCM-MHD CITY Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 13 Barge Fleeting Expansion Area 1:23,222 DMF Shell Bottom Habitat - Shell Bodom 0 0]5 03 0.6 hail - Intertidal Firm Non-vegelaletl Shell - C - Sublidal Solt Non -vegetated Shell - U - Inladidal Hard VegsWed Shell 0 025 0,5 1 km G - Sublidal Flrm Non -vegetated Shell — K - Sublidal Hard Non -vegetated Shell = O - Inledldal Fam Vegetated Shell Figure 4. NCDMF Shell Bottom Map 5w,m: EM.A,ds Da G. NGA NAeA. CCI NRUwem NCEPe. r s. Cs. NMA rrmaa MNsvi. Rjksxale'aM1q, 0.5A Gam' FEM. InI,,, a Tre GIs use comrvnM s I-s EM. IERE. Germ n. FAO. NnRq Vsr'S4 Ury,n4aenR.1N�-.."N" n. aM In GIs IM Cgmr REC J1 JUL 26 2022 Essential Fish Habitat Assessment Dial Cordy and ITY Newport River Barge Fleeting Area Expansion July 2022 14 b Y.. I� i� ad City ':. HwY 7�e rot Alp ' a�a MOreb Enei City Hm Um �R 6/14f2022 1 23,222 0 015 0.3 0.61 i rlkm NC_SAV_Mosaic _1981_to_2015 0.75 0.5 Barge Fleeting Expansion Area Sums Fvi Rnp.n L6 XSLS. M^d. INSA Lf.WI,HPWun NLFAS XLS OS Xtl.1 G,nlueMtla,, P`avYerWFGWd. FEW t.i5 iue.vnm�nYy BeFmlEvn NEPE 6mF f�0 K I rWM. USGSFc 1pii5FM4; [wNtYYa Xrc tl� GE Ur Cv,vu.H REC Figure 5. NCDMF SAV Map Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion EIVED JUL 26 2022 DCM-MHD CITY Dial Gordy and Associates Inc. July 2022 15 o n i a� 's 'a d e' 4 n[ Village Be G Ca E cn ry Crab a Hy b oly Crab Voinl - Club N k 'N r A B Michael J Smith Fied Steep pink mPll s, Fork Moreheatl City oa till Beaufort Marehe. L +pyp City N arbor F'oar S1 Back Stuntl v Money IS IanC Atlantic Beach Bay 6/14/2022 1:60,112 oaz oas +.r mi FNA NCDMF- Fishery Nursery Areas ^ 0 os + zbn - Primary Nursery Areas - Secondary Nursery Areas sa.v.. E. a.m. os. asys. hoa xasa. corm. n acb . BCFws. Barge Fleeting Expansion Area oa, am asa. o. . RE"1^..n^W .M Ae GIS un mnmMY. 6oura EaI. HEM . FAO. NOM, iGGS aap.• SYae1M.p[aEOW.. aM M GIS V.✓ CmnuNy RE Figure 6. State -Designated Fish Nursery Areas Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion EIVED JUL 26 2022 DCM-MHD CITY Dial Cordy and Associates Inc. July 2022 16 5.0 EFFECTS OF THE PROPOSED ACTION ON EFH AND MANAGED SPECIES This assessment considers potential effects on EFH/HAPCs and federally managed species that may occur through the following impact mechanisms: physical disturbance and modification of benthic habitat within the dredging footprint, sediment suspension and redeposition, and larval entrainment. Analyses of potential effects on EFH/HAPCs and federally managed species are presented according to habitat type. RECEIVED 5.1 Estuarine Water Column JUL 2 6 2022 5.1.1 Sediment Suspension and Turbidity DCM-MHD CITY Dredging -induced sediment suspension and associated increases in turbidity may affect the behavior (e.g., feeding, predator avoidance, habitat selection) and physiological functions (e.g., photosynthesis, gill -breathing, filter -feeding) of marine fishes and invertebrates (Michel at al. 2013). The extent and duration of dredging -induced sediment suspension are influenced by sediment composition at the dredge site, the type of dredge employed, and hydrodynamic conditions at the dredge site (Wilber et al. 2005). Sediment suspension by cutterhead dredges is generally confined to the near bottom water column in the immediate vicinity of the rotating cutterhead assembly (LaSalle et al. 1991). Based on sediment resuspension data collected during navigation dredging projects, Hayes at al. (2000) and Hayes and Wu (2001) reported average cutterhead dredge sediment resuspension rates ranging from 0.003 to 0.135% of the fine silt/clay fraction. Mechanical dredges (bucket and clamshell) generally have higher sediment suspension rates due to the washing of material out of the bucket as it is withdrawn from the bottom and moved through and above the water column (LaSalle at al. 1991). Water injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment - water mixture known as a density current that flows along the bottom via gravity to deeper areas. Monitoring results for multiple projects in the US indicate that WID-induced sediment suspension is principally confined to the lower water column within 2 to 5 feet of the bottom (Welp at al. 2017). Regardless of dredge type, prolonged sediment suspension and extensive turbidity plumes are primarily associated with the suspension of fine silt/clay particles that have relatively slow settling velocities, whereas sands and gravels that make up the coarse -grained sediment fraction resettle rapidly in the immediate vicinity of the dredge (Schroeder 2009). As previously described, the sediments to be excavated from the new dredging area consist predominantly of relatively coarse sands that would resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead, bucket, or water injection dredge would primarily be confined to the immediate vicinity of the new dredging footprint. It is expected that suspended fine sediments would be rapidly dispersed by currents in the contiguous AIWW navigation channel, thus limiting the duration of any adverse effects on water quality and federally managed species. The proposed project construction window of 1 October - 31 January would avoid peak periods of larval ingress and estuarine -dependent juvenile abundance in the vicinity of the action area, thus minimizing the exposure of federally managed species to sediment suspension effects. In the specific case Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 17 of WID, the potential for upstream sediment transport into the New River Estuary would be minimized by conducting WID only on falling tides. Based on these considerations, it is expected that any adverse effects on water quality and federally managed species would be minor and short-term. 5.1.2 Larval Entrainment Cutterhead pipeline dredges have the potential to entrain fishes and invertebrates during all life cycle phases; including adults, juveniles, larvae, and eggs. Among adult and juvenile fishes, demersal species that inhabit the near -bottom water column environment are most likely to be entrained (Refine and Clarke 1998); although studies have also reported the entrainment of pelagic fishes in small numbers (McGraw and Armstrong 1990). Entrainment studies indicate that dredging elicits an avoidance response by demersal and pelagic species and that most juvenile and adult fishes are successful at avoiding entrainment (Larson and Moehl 1990, McGraw and Armstrong 1990). Planktonic eggs and larvae that lack avoidance capabilities are more vulnerable to entrainment by hydraulic dredges, especially during ingress periods when they are concentrated in inlets. The results of a long-term sampling program at Beaufort Inlet indicate that larval densities within the inlet are highest from late May to early June and lowest in November (Hettler and Chester 1990). In the case of cutterhead pipeline dredging, the proposed action would affect federally managed estuarine -dependent species by entraining planktonic eggs and larvae that occur in the vicinity of the dredge pipe suction field. However, the results of larval entrainment modeling in Beaufort Inlet indicate that dredge entrainment rates are extremely low regardless of inlet larval concentrations and the distribution of larvae within the water column (Settle 2003). Even under worst case model scenarios when the dredge was assumed to be operating 24 hours/day and all larvae were assumed to be concentrated in the bottom of the navigation channel, projected entrainment rates barely exceeded 0.1 % of the daily (24-hour) larval flux through the inlet. The proposed new dredging area is located above Beaufort Inlet in the relatively broad Newport River Estuary where it is expected that the distribution of planktonic eggs and larvae would be relatively diffuse. Furthermore, the proposed project construction window of 1 October - 31 January would avoid the peak larval ingress period at Beaufort Inlet. Based on all of the above considerations, it is anticipated that the effects of egg/larval entrainment on populations of federally managed species would be negligible. RECEIVED 5.2 Unconsolidated Bottom JUL 26 2022 Dt '1f-I IHD CITY New dredging would directly impact 3.0 acres of unconsolidated bottom habitat in the barge fleeting expansion area. Existing bottom depths ranging from -4 to -13 ft MLLW would be increased to -14 ft MLLW. Initial construction and subsequent periodic maintenance dredging events would remove the existing benthic infaunal invertebrate community, thereby temporarily reducing the availability of prey for federally managed demersal fishes such as summer flounder and estuarine -dependent species of the snapper -grouper complex. Depending on shoaling rates, Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 18 the affected benthic infaunal communities would experience recurring maintenance dredging impacts every 2 to 5 years. Studies of benthic community recovery in shallow estuarine navigation channels along the southeastern coast have reported rapid recovery within two to six months (Van Dolah at al. 1984 and 1979, Stickney and Perlmutter 1975, and Stickney 1972). These studies indicate that recolonization via slumping of adjacent undisturbed sediments into the dredged channel is an important recovery mechanism. Van Dolah et al. (1984) also attributed relatively rapid recovery to rapid infilling by sediments that were similar in composition to the extracted material and avoidance of spring benthic invertebrate recruitment periods. Existing surficial sediments in the new dredging footprint are part of a uniform fine sand layer that extends to a depth of -45 ft MLLW, thus the proposed action would not be expected to alter sediment composition. Maximum bottom depth increases of -10 feet would not be expected to alter benthic community composition within the new dredging area. The proposed project construction window (01 October - 31 January) would avoid peak benthic invertebrate recruitment periods; thus facilitating relatively rapid recovery with the onset of spring recruitment. Based on all of the above considerations, it is anticipated that effects on estuarine unconsolidated bottom habitats and associated federally managed species would be minor and short-term. 5.3 Oyster Reefs and Shell Banks As previously described, NCDMF benthic habitat maps do not identify any shell bottom areas within or immediately adjacent to the proposed new dredging area. Thus, no direct impacts on shell bottom habitats would be expected. The only mapped shell bottom area in the vicinity of the project area is a narrow linear shell bottom feature along the shoreline of Marsh Island -300-ft west of the new dredging footprint. Fine sediments that are suspended by the dredging process may be transported outside of the active dredging area, potentially affecting shell bottom areas through redeposition. Heavy sediment redeposition can impact oysters by inhibiting larval attachment to hard substrates and reducing the respiration and feeding rates of juveniles and adults (Wilber and Clarke 2010). However, according to Colden and Lipcius (2015), eastern oysters that were subjected to experimental sediment deposition did not exhibit significant mortality or sublethal effects until at least 70% of the shell height was buried. As previously described, the sediments to be excavated from the new dredging area consist predominantly of relatively coarse fine sands that would resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead, bucket, or water injection dredge would primarily be confined to the immediate vicinity of the new dredging footprint and the contiguous AIWW channel. Therefore, it is expected that the effects of dredging -induced sediment suspension and redeposition on oyster reefs and associated federally managed species would be minor and short- term. RECEIVED 5.4 Submerged Aquatic Vegetation (SAV) JUL 2 6 2022 DCM-MHD CITY As previously described, NCDMF SAV maps do not identify any SAV within or immediately adjacent to the proposed new dredging area. Thus, no direct impacts on SAV would be expected. Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 19 Small patches of SAV are identified along the western shoreline of Marsh Island opposite the proposed dredging area. Fine sediments that are suspended by the dredging process may be transported outside of the active dredging area, potentially affecting SAV through increases in turbidity and/or sediment redeposition. However, as previously described, it is anticipated that the predominance of relatively coarse sand in the new dredging area would limit sediment suspension to the immediate vicinity of the active work area. Therefore, it is expected that any adverse effects on SAV and associated federally managed species from dredging -induced sediment suspension and redeposition would be minor and short-term. 5.5 Estuarine Emergent Wetlands (Tidal Marsh) As previously described, the only tidal marshes in the vicinity of proposed new dredging area are located -300 feet west of the dredging footprint along the shoreline of Marsh Island. Therefore, the proposed action would not be expected to have any effect on tidal marshes. 6.0 CONSERVATION MEASURES The following conservation measures would be implemented to avoid or minimize potential effects on EFH/HPAC and federally managed species: • Dredging would be conducted within a 1 October to 31 January construction window. • Water injection dredging (WID) would be conducted only on falling tides. • Good Engineering Practices (GEPs) and Best Management Practices (BMPs) would be applied to all dredging activities. • Dredged material delivery pipelines would be routinely inspected for pressurized leaks, and any leaks that are found would be immediately repaired. • Dredging contractors would be required to maintain spill control plans and waste management plans for all dredging fleet equipment. RECEIVED JUL 26 2022 DCM-MHD CITY Essential Fish Habitat Assessment Dial Gordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 20 RECEIVED JUL �), 6 n22 7.0 REFERENCES oCM-MHD CITY Able, K.W. and M.P. Fahay. 2010. Ecology of estuarine fishes: temperate waters of the western North Atlantic. Baltimore: The Johns Hopkins University Press; 2010. 566p. Atlantic States Marine Fisheries Commission (ASMFC). 2011a. Managed Species Spanish Mackerel, Species Profile. Washington, D.C. Accessed March 2011. ASMFC. 2011b. Managed Species Spanish Mackerel, Habitat Fact Sheet. Washington, D.C. Accessed March 2011. ASMFC. 2011c. Managed Species Summer Flounder, Habitat Fact Sheet. Washington, D.C. Accessed March 2009. ASMFC. 2011d. Managed Species Summer Flounder, Species Profile. Washington, D.C. Accessed March 2009. Branstetter, S. 2002. Smooth Dogfish/Mustelus canis canis (Mitchill 1815). In: B.B. Collette BB, Klein-MacPhee G, editors, Fishes of the Gulf of Maine, 3rd ed. Washington: Smithsonian Institution Press; 2002. P 37-38. Churchill, J.H., R.B. Forward, R.A. Luettich, J.L. Hench, W.F. Hettler, L.B. Crowder, and B.O. Blanton. 1999. Circulation and Larval Fish Transport within a Tidally Dominated Estuary. Fisheries Oceanography 8: 173-189. Cleary W.J. and A.C. Knierim. 2001. Turbidity and suspended sediment characterizations: Nixon Channel dredging and beach rebuilding, Figure Eight Island, NC. Report submitted to Figure Eight Beach Homeowners Association, Figure Eight Island, NC, 33 pp. Coastal Planning & Engineering, Inc. (CPE). 2004. Bogue Inlet Channel Erosion Response Project Final Environmental Impact Statement (FEIS). Prepared for the Town of Emerald Isle and submitted to the Army Corps of Engineers. April 2004. Colden, A.M. and R.N. Lipcius. 2015. Lethal and sublethal effects of sediment burial on the eastern oyster Crassostrea virginica. Marine Ecology Progress Series, 527: 105-117. Compagno, L.J.V. 1984. FAO species catalogue. Vol.4. Sharks of the world. An annotated and illustrated catalogue of shark species known to date. Part 1. Hexanchiformes to Lamniformes. Ferguson, R.L. and L.L. Wood. 1994. Rooted Vascular Aquatic Beds in the Albemarle -Pamlico Estuarine System. NMFS, NOAA, Beaufort, NC, Project No. 94-02, 103 pp. Hayes, D. and P.Y. Wu. 2001. Simple approach to TSS source strength estimates. In Proceedings of the WEDA XXI Conference, Houston, TX, June 25-27, 2001. Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 21 Hayes, D., T. Crockett, T. Ward, and D. Averett. 2000. Sediment resuspension during cutterhead dredging operations. Journal of Waterway, Port, Coastal, and Ocean Engineering 126(3):153-161. Hettler, W.F. and A.J. Chester. 1990. Temporal Distribution of Ichthyoplankton near Beaufort Inlet, North Carolina. Marine Ecology Progress Series 68: 157-168. Kendall, A.W.J. and L.A. Walford. 1979. Sources and distribution of bluefish, Pomatomus saltatrix, larvae and juveniles off the east coast of the United States. Fishery Bulletin 77:213-227. Kirby -Smith, W.W. and J.D. Costlow. 1989. The Newport River Estuarine System. Duke University Marine Laboratory, Beaufort, NC. Larson, K. and C. Moehl. 1990. Fish entrainment by dredges in Grays Harbor, Washington. In: Effects of dredging on anadromous Pacific Coast fishes. C. A. Simenstad, ed., Washington Sea Grant Program, University of Washington, Seattle, 102-12. LaSalle, M.W., D.G. Clarke, J. Homziak, J.D. Lunz, and T.J. Fredette. 1991. A framework for assessing the need for seasonal restrictions on dredging and disposal operations. Technical Report D-91-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS. McCandless, C.T., N.E. Kohler, and H.L. Pratt Jr. editors. Shark nursery grounds of the Gulf of Mexico and the East Coast waters of the United States. Bethesda: American Fisheries Society, Symposium 50; 2007. 402 p. McGraw, K.A. and D.A. Armstrong. 1990. Fish Entrainment by Dredges in Grays Harbor, Washington. pp. 113-131. In: C.A. Simenstad (ed.). Effects of Dredging on Anadromous Pacific Coast Fishes. Workshop Proceedings, University of Washington Sea Grant, FL. Mercer, L. P., L.R. Phalen, and J.R. Maiolo. 1990. Fishery Management Plan For Spanish Mackerel, Fisheries Management Report No. 18 of the Atlantic States Marine Fisheries Commission Washington, DC. North Carolina Department of Environment, Health, and Natural Resources Morehead City, NC, and East Carolina University Department of Sociology and Anthropology, Greenville, NC. November 1990. Michel, J., A.C. Bejarano, C.H. Peterson, and C. Voss. 2013. Review of biological and biophysical impacts from dredging and handling of offshore sand. OCS Study BOEM 2013-0119 Herndon, Virginia: U.S. Department of the Interior, Bureau of Ocean Energy Management. RECEIV`ialid-Atlantic Fishery Management Council (MAFMC). 1990. Fishery Management Plan for the Bluefish Fishery, Prepared by Mid -Atlantic Fishery Management Council and the Atlantic JUL 26 2022 State Marine Fisheries Commission in cooperation with the National Marine Fisheries Service, the New England Fishery Management Council, and the South Atlantic )CM-MHD CITY Management Council. Dover, Delaware. Updated February 2009; Accessed March 2011. Nelson, D.M., E.A. Irlandi, L.R. Settle, M.E. Monaco, and L. Coston-Clements. 1991. Distribution and Abundance of Fishes and Invertebrates in Southeast Estuaries. ELMR Rep. No. 9. NOAA/NOS Strategic Environmental Assessments Division, Silver Spring, MD. 167 p. Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 22 North Carolina Department of Environmental Quality (NCDEQ). 2016. North Carolina Coastal Habitat Protection Plan. North Carolina Department of Environment and Natural Resources, NCDMF. NCDMF. 2006. Stock status of important coastal fisheries in North Carolina. NCDMF, Morehead City, NC. NEFSC. 1999. Essential Fish Habitat Source Document: Summer Flounder, Paralichthys dentatus, Life History and Habitat Characteristics. Woods Hole, Massachusetts. September 1999. Reine, K.J. and D.G. Clark. 1998. Entrainment by Hydraulic Dredges - A Review of Potential Impacts. U.S. Army Engineer Waterways Experiment Station, Research And Development Center, Vicksburg, MS, DOER Tech Notes Collection (TN DOER -El). Ross, S.W. and S.P. Epperly. 1985. Chapter 10: Utilization of shallow estuarine nursery areas by fishes in Pamlico Sound and adjacent tributaries, North Carolina. p. 207-232 in A. YanezAranciba (ed.). Fish Community Ecology in Estuaries and Coastal Lagoons: Towards and Ecosystem Integration. DR (R) UNAM Press, Mexico, 654 pp. Schroeder, P.R. 2009. USACE Technical Guidelines for Practicing the 3Rs of Environmental Dredging. In: Proceedings of the Western Dredging Association Twentyninth Technical Conference and 40th Annual Texas A&M Dredging Seminar, Tempe, AZ, June 2009. Sedberry, G.R. and R.F. Van Dolah. 1984. Demersal fish assemblages associated with hard bottom habitat in the South Atlantic Bight of the USA. Environ. Biol. Fish. 11(1). Settle, L. 2003, Assessment of potential larval entrainment mortality to hydraulic dredging of Beaufort Inlet. Prepared for USACE-Wilmington District for the Morehead City Harbor Environmental Assessment. May 2003. NOAA/NOS National Centers for Coastal Ocean Science. Shepherd, G.R. and D.B. Packer. 2006. Essential Fish Habitat Source Document: Bluefish, Pomatomus saltatrix, Life History and Habitat Characteristics 2nd edition. NOAA Technical Memorandum, NMFS-NE-198:100. South Atlantic Fishery Management Council (SAFMC). 2011. Regulations by Species, Cobia. Accessed March 2011. SAFMC. 2009. Fishery Ecosystem Plan of the South Atlantic Region. SAFMC, Charleston, SC. SAFMC. 1998. Final Habitat Plan for the South Atlantic Region: Essential Fish Habitat Requirements for Fishery Management Plans of the South Atlantic Fishery Management Council. SAFMC, Charleston, SC. SAFMC. 1983. Fishery Management Plan Final Environmental Impact Statement Regulatory Impact Review Final Regulations for Coastal Migratory Pelagic Resources (Mackerels) In The Gulf of Mexico And South Atlantic Region. South Atlantic Fishery Management Council Charleston, SC; Gulf of Mexico Fishery Management Council Tampa, FL. February 1983. Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion Dial Cordy and Associates Inc. 23 JUL 2 6 202t July 2022 DCM-MHD CITY SAFMC. 1981. Profile of the penaeid shrimp fishery in the South Atlantic, South Atlantic Fishery Management Council, 1 Southpark Cir., Ste 306, Charleston, S.C. 29407, 321 pp. Stickney, R. 1972. Effects of Intracoastal Waterway Dredging on Ichthyofauna and Benthic Macro- Invertebrates. Technical Report Series. No 72-4. Skidaway Institute of Oceanography, Savannah, GA. July 1972 60 pp. Stickney, R. and D. Perlmutter. 1975. Impact of Intracoastal Waterway maintenance dredging on a mud bottom benthos community. Biol Consery 01/1975; 7(3):211-225. Thayer, G.W., W.J. Kenworthy, and M.S. Fonseca. 1984. The Ecology of Eelgrass Meadows of the Atlantic coast: A Community Profile. U.S. Fish and Wildlife Service, FWS/OBS-84/02, 147 pp. Van Dolah, R.F., D.R. Calder, and D.M. Knott. 1984. Effects of dredging and open -water disposal on benthic macroinvertebrates in a South Carolina estuary. Estuaries 7, 28-37. Van Dolah, R.F., D.R. Calder, D.M. Knott, and M.S. Maclin. 1979. Effects of dredging and unconfined disposal of dredged material on benthic macroinvertebrate communities in Sewee Bay, SC. Marine Resources Center Technical Report 39. Charleston, SC. Weinstein, M.P. 1979. Shallow marsh habitats as primary nurseries for fishes and shellfish, Cape Fear River. NC. Fisheries Bulletin 2: 339-357. Welp, T.L., M.W. Tubman, D.A. Wilson, and C.E. Pollock. 2017. Water Injection Dredging. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Wilber, D.H., W. Brostoff, D.G. Clarke, and G.L. Ray. 2005. Sedimentation: Potential biological effects from dredging operations in estuarine and marine environments. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion Dial Cordy and Associates Inc. 24 JUL 26 Z022 July 2022 DCM-MHD CITY BIOLOGICAL ASSESSMENT NORTH BARGE FLEETING AREA EXPANSION PORT OF MOREHEAD CITY 5 July 2022 Prepared for: North Carolina State Ports Authority PO Box 9002 Wilmington, North Carolina 28402 Prepared by: Dial Cordy and Associates Inc. 201 North Front Street, Suite 307 Wilmington, North Carolina 28401 w DIAL CORDY `,r AND ASSOCIATES IN(' RECENED pL 2 6 NZ2 DCM-MHD CITY TABLE OF CONTENTS Page 1.0 INTRODUCTION..............................................................................................................1 2.0 LOCATION AND DESCRIPTION OF THE PROPOSED ACTION....................................2 3.0 DESCRIPTION OF THE ACTION AREA..........................................................................2 4.0 EFFECTS THE PROPOSED ACTION ON LISTED SPECIES AND CRITICAL HABITATS........................................................................................................................ 6 4.1 Shortnose and Atlantic Sturgeon..................................................................................6 4.1.1 Status, Distribution, and Habitat.............................................................................6 4.1.2 Occurrence in the Action Area...............................................................................7 4.1.3 Factors Affecting the Species................................................................................7 4.1.4 Effects of the Proposed Action on Shortnose and Atlantic Sturgeon......................8 4.1.5 Determination of Effect..........................................................................................9 4.2 Sea Turtles.................................................................................................................10 4.2.1 Status, Distribution, and Habitat...........................................................................10 4.2.2 Occurrence in the Action Area.............................................................................12 4.2.3 Factors Affecting the Species..............................................................................13 4.2.4 Effects of the Proposed Action on Sea Turtles.....................................................15 4.2.5 Conservation Measures.......................................................................................16 4.2.6 Determination of Effect........................................................................................16 5.0 REFERENCES...............................................................................................................17 RECEIVED JUL 26 2022 DCM-MHD CITY Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 LIST OF TABLES Page Table 1. Species and critical habitats considered in this assessment..........................................1 LIST OF FIGURES Page Figure 1. Proposed Action Location Map...................................................................................3 Figure 2. North Barge Fleeting Area Expansion Layout.............................................................4 Figure 3. North Barge Fleeting Expansion Area - Existing and Proposed Bathymetry ................5 Figure 4. Loggerhead Turtle Critical Habitat.............................................................................14 RECEIVED JUL 26 2022 DCM-MHD CITY Biological Assessment Dial Gordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 LIST OF ACRONYMS % Percent °C Degrees Celsius AIWW Atlantic Intracoastal Waterway ASSRT Atlantic Sturgeon Status Review Team CWA Clean Water Act CY Cubic Yards DPS Distinct Population Segment ESA Endangered Species Act FIR Federal Register FT Feet GEPs Good Engineering Practices BMPs Best Management Practices MCH Morehead City Harbor MLLW Mean Lower Low Water INC North Carolina NCDMF North Carolina Division of Marine Fisheries NCSPA North Carolina State Ports Authority NMFS National Marine Fisheries Service PPT Parts per Thousand RHA Rivers and Harbors Act SAV Submerged Aquatic Vegetation SSSRT Shortnose Sturgeon Status Review Team USACE United States Army Corps of Engineers USFWS United States Fish and Wildlife Service WID Water Injection Dredging RECEIVED JUL 26 2022 DCM-MHD CITY Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 1.0 INTRODUCTION This Biological Assessment has been prepared in accordance with Section 7 of the Endangered Species Act (ESA) to address the effects of proposed new dredging work at the Port of Morehead City on listed species and critical habitats. The North Carolina State Ports Authority (NCSPA) has requested Department of the Army authorization pursuant to Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act (RHA) to expand the existing north barge fleeting area in the Newport River at the Port of Morehead City (Port) in Carteret County, North Carolina (NC). The north fleeting area is a temporary mooring facility for loaded barges that are awaiting waterbome transport to inland destinations. Barge fleeting activity at the Port is primarily associated with the transport of imported iron (direct reduced iron and pig iron) to the Hertford Steel plant on the Chowan River in Cofield, NC. Iron imports at the Port have doubled over the last several years; resulting in increased demand for barge fleeting capacity. The proposed action would expand the north barge fleeting area from 2 to 4 acres, thereby accommodating an additional 4 to 6 loaded barges. This assessment considers listed species and critical habitats under the jurisdiction of the NMFS that occur or may occur in the vicinity of the Port of Morehead City; including the Atlantic sturgeon, shortnose sturgeon, loggerhead sea turtle, green sea turtle, Kemps ridley sea turtle, leatherback sea turtle, hawksbill sea turtle, and loggerhead nearshore reproductive critical habitat (Table 1). Table 1. Species and critical habitats considered in this assessment. Species/Critical Habitat ESA Listing Status Effect Determination Leatherback sea turtle (Dermochelys coriacea) Endangered MANLAA Loggerhead sea turtle (Caretta caretta) Threatened MANLAA Green sea turtle (Chelonia mydas) Endangered MANLAA Hawksbill sea turtle (Eretmoche/ys imbricata) Endangered MANLAA Kemp's Holley sea turtle (Lepidochelys kempii) Endangered MANLAA Shortnose sturgeon (Acipenser brevirostrum) Endangered MANLAA Atlantic sturgeon (Acipenser oxyrinchus) Endangered MANLAA Loggerhead Nearshore Reproductive Critical Habitat Critical Habitat NE MANLAA = May affect, not likely to adversely affect; NE = No Effect R EC E IVED JUL 26 2022 DCM-MHD CITY Biological Assessment Dial Gordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 2.0 LOCATION AND DESCRIPTION OF THE PROPOSED ACTION The north barge fleeting area is located in the Newport River -600 feet north of the northeast corner of the Port terminal facility (Figure 1). The existing fleeting area encompasses 2.0 acres along the western margin of the Atlantic Intracoastal Waterway (AIWW). The authorized depth of the existing facility matches that of the AIWW at -14 ft MLLW (12 + 2 ft of over dredge). A series of six steel pile mooring piles are currently installed within the fleeting area. The proposed action would expand the existing facility westward by dredging an additional 2.0 acres of subtidal bottom to a depth of -14 ft MLLW (12 + 2 ft of over dredge) (Figure 2). An additional 1.0 acre of new dredging would be required to construct a transitional 3:1 slope along the western margin of the 2.0-acre expansion area. In total, the proposed action would require 3.0 acres of new dredging and the removal of an estimated 35,000 cy of material. No new mooring structures are proposed, as the existing mooring piles are sufficient to accommodate additional barges in the expansion area. The depth of the expansion area would be maintained through periodic maintenance dredging every 2 to 5 years. Existing depths in the proposed new dredging area range from -4 to -14 ft MLLW (Figure 3). The sediments to be removed from the new dredging area are part of a uniform fine sand to silty fine sand layer that extends from the surface to a depth of -45-ft MLLW (Catlin Engineers 2013). Construction of the barge fleeting expansion area would employ a hydraulic pipeline (cutterhead) dredge and/or a mechanical bucket dredge and scow system. Construction dredged material would be placed in one of the existing Port -owned confined disposal facilities; which include the Marsh Island, Brandt Island, and North Radio Island disposal areas. Construction disposal operations for cutterhead dredging would involve direct hydraulic delivery to the disposal area via floating and/or submerged pipeline. In the case of mechanical dredging, disposal would involve the transport of dredged material via scow to the disposal area for placement via mechanical means or hydraulic offloading. Periodic maintenance of the barge fleeting expansion area would be accomplished by the Port -owned water injection dredge. Water injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment -water mixture known as a density current that flows along the bottom via gravity to deeper areas. A pipe manifold with a series of water injection nozzles is used to inject water into the sediment bed. The use of water injection dredging for maintenance of the Port's existing berths, fleeting areas, and turning basins is currently authorized under the Port's existing CAMA Major Permit. 3.0 DESCRIPTION OF THE ACTION AREA The north barge fleeting area is located -3 miles from the Atlantic Ocean in the lower Newport River Estuary between Morehead City and Beaufort in Carteret County, NC. The lower Newport River Estuary is a shallow, tidally -controlled system with an average depth of -3 feet MLLW. Mean tidal range in the lower estuary is 3.1 feet, and salinities approach those of seawater (34 ppt) (Kirby -Smith and Costlow 1989). The proposed new dredging area is located between the AIWW federal navigation channel and the Marsh Island disposal area. The AIWW navigation channel is maintained at a width of 250 feet and depth of 12 + 2 ft MLLW. The Marsh Island disposal area consists of diked uplands that are partially surrounded by unconfined tidal saltmarsh. Benthic habitats within the proposed new dredging area consist of sandy unconsolidated bottom. The surrounding Newport River Estuary contains a complex assemblage of intertidal and shallow subtidal estuarine habitats; including sandy shoals, shellfish bed ECEIVED submerged aquatic vegetation (SAV) beds, and tidal saltmarsh. JUL 26 2022 r"f-U-NIHD CIT' Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 rWr BOGUE SOUND a 8 f Locadw M-0 is SE F RT T H 9 18 L r - --- ------ OR Figure 1. Proposed Action Location Map Biological Assessment Newport River Barge Fleeting Area Expansion RECEIVED JUL 26 2027 DCM-MHD CITY Dial Cordy and Associates Inc. July 2022 3 Figure 2. North Barge Fleeting Area Expansion Layout JUL 26 2022 DCN!-MHD CITY Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 IF ORA A - A' Bathymetric Prole Graph Distance (feet) B - B' Bathymetric Profile Graph �Eusting Beth 10 Proposed Bathymetr 12 14.1Area 14 1R Slope Proposed Fleftr Area 6d=ng Flee 0 50 too 150 ZX Distance (feet) C - C' Bathymetric Prole Graph -s Usung Bothymetry Profs O'l Proposed Batlrymeay Raba 12 3:1 14 Reposetl FleeEna Mee FzsErg Fleeure Nee 16 0 50 100 150 260 2503601 Q -28 Q Distance (Teel) — � n Legend Profile Location It Contour(MLL) e Barge Fleeting Area Elevation (MLLW) ® busting Fleeting Area Value ® Proposed Fleetingyrea Hlqh'-Z 0 150 300 450 600 Proposed 3:1 Slope " Low:-30 Feet IVED Figure 3. North Barge Fleeting Expansion Area - Existing and Proposed Bathymetry, 2 6 2022 DGs o-MHD CITY Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 5 4.0 EFFECTS THE PROPOSED ACTION ON LISTED SPECIES AND CRITICAL HABITATS 4.1 Shortnose and Atlantic Sturgeon RECEIVED JUL 26 2022 4.1.1 Status, Distribution, and Habitat DCM-MHD CITY Shortnose Sturgeon The shortnose sturgeon was listed as endangered throughout its range on 11 March 1967 (32 FIR 4001). The species inhabits large Atlantic coast rivers from the St. Johns River in northeastern Florida to the Saint Johns River in New Brunswick, Canada. Adults in southern rivers are estuarine anadromous, foraging at the saltwater -freshwater interface and moving upstream to spawn in the early spring. Shortnose sturgeon spend most of their lives in their natal river systems and rarely migrate to marine environments. Spawning habitats include river channels with gravel, gravel/boulder, rubble/boulder, and gravel/sand/log substrates. Spawning in southern rivers begins in later winter or early spring and lasts from a few days to several weeks. Juveniles occupy the saltwater -freshwater interface, moving back and forth with the low salinity portion of the salt wedge during summer. Juveniles typically move upstream during the spring and summer and move downstream during the winter, with movements occurring above the saltwater -freshwater interface. In southern rivers, both adults and juveniles are known to congregate in cool, deep thermal refugia during the summer. The shortnose sturgeon is a benthic omnivore that feeds on crustaceans, insect larvae, worms, and mollusks. Juveniles randomly vacuum the bottom and consume mostly insect larvae and small crustaceans. Adults are more selective feeders, feeding primarily on small mollusks (NMFS 1998). No critical habitat has been designated for the shortnose sturgeon. Atlantic Sturgeon The Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) was listed under the ESA in 2012 as five Distinct Population Segments (DPSs); including the endangered New York Bight, Chesapeake Bay, Carolina, and South Atlantic DPSs and the threatened Gulf of Maine DPS (77 FIR 5914, 77 FIR 5880). The Carolina DPS encompasses subpopulations from the Roanoke, Tar/Pamlico, Cape Fear, Waccamaw, Pee Dee, and Santee -Cooper Rivers in NC and South Carolina. Atlantic sturgeon spawn in freshwater, but spend most of their adult life in the marine environment. Spawning adults generally migrate upriver in the spring/early summer, although a fall spawning migration may also occur in some southern rivers. Spawning is believed to occur in flowing water between the salt front and fall line of large rivers. Post -larval juveniles move downstream into brackish waters and eventually move to estuarine waters where they reside for a period of months or years. Subadult and adult Atlantic sturgeons emigrate from rivers into coastal waters, where they may undertake long range migrations. Migratory adult and subadult sturgeon are typically found in shallow (40-70 ft) nearshore waters with gravel and sand substrates. Although extensive mixing occurs in coastal waters, Atlantic sturgeons return to their natal river to spawn [Atlantic Sturgeon Status Review Team (ASSRT) 2007]. In 2017, NMFS designated critical habitat for the Atlantic sturgeon in large spawning river systems throughout the five DPSs (82 FIR 39160). Critical habitat for the Carolina DPS was designated in the Roanoke, Tar -Pamlico, Neuse, Cape Fear, and Pee Dee Rivers of NC and South Carolina. Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 4.1.2 Occurrence in the Action Area Shortnose Sturgeon Shortnose sturgeon were thought to be extirpated from NC waters until an individual was captured in the Brunswick River in 1987 (Ross et al. 1988). Subsequent gill -net studies (1989-1993) confirmed the presence of a small population in the lower Cape Fear River (Moser and Ross 1995). In 1998, the NC Division of Marine Fisheries (NCDMF) reported the capture of a shortnose sturgeon in western Albemarle Sound (Armstrong and Hightower 1999). Surveys in the Neuse River during 2001 and 2002 failed to capture any shortnose sturgeon (Oakley and Hightower 2007). The current distribution of the shortnose sturgeon in NC is thought to include only the Cape Fear and Pee Dee Rivers, and no spawning populations have been confirmed in the state [Shortnose Sturgeon Status Review Team (SSSRT) 20101. Occurrence data specific to the action area vicinity are lacking. Based on its restriction primarily to large rivers, and more specifically riverine waters above the saltwater -freshwater interface, shortnose sturgeon occurrences within the high salinity waters of the action area (i.e., lower Newport River Estuary and Beaufort Inlet) are considered unlikely. The occurrence of a transient individual within the action area cannot be entirely discounted, as genetic studies indicate that some individuals move between the various populations (Quattro et al. 2002, Wirgin et al. 2005). Atlantic Sturgeon Extant spawning populations of the Atlantic sturgeon in NC are currently known from the Roanoke, Tar -Pamlico, Cape Fear, and potentially the Neuse River systems (ASSRT 2007). Laney et al. (2007) analyzed Atlantic sturgeon incidental capture data from winter tagging cruises along the NC and Virginia coasts. Cruises conducted in nearshore ocean waters from Cape Lookout to Cape Charles, Virginia captured 146 Atlantic sturgeons between 1988 and 2006. Captures typically occurred over sand substrate in nearshore waters that were less than 60 feet deep. Laney et al. (2007) concluded that shallow nearshore ocean waters along the NC coast represent an important winter (January -February) habitat and aggregation area for adult and subadult Atlantic sturgeon. Occurrence data for estuarine waters in the vicinity of the action area are lacking; however, based on the work by Laney et al. (2007), it is assumed that adult and subadult Atlantic sturgeon may occur in the vicinity of Beaufort Inlet during the winter months. %CEIVED critical habitat has been designated in the vicinity of the action area. JUL 2 6 2022 4.1.3 Factors Affecting the Species DCM-MHD CIT`t Historical overharvesting contributed to drastic declines in shortnose and Atlantic sturgeon populations. Commercial exploitation of shortnose sturgeons continued into the 1950s, and Atlantic sturgeons were commercially exploited throughout most of the 201h century (NMFS 1998, ASSRT 2007). Although directed commercial harvest is no longer permitted, by -catch mortality associated with other fisheries remains a major threat. By -catch mortality associated with the shad and shrimp fisheries and water quality degradation in nursery habitats are the primary threats currently facing southeastern sturgeon populations (Collins et al. 2000). Dams that block access to spawning grounds are a major stressor in some southern river systems, including the Cape Fear River. Additional stressors include ship strikes and dredging (ASSRT 2007). Potential dredging effects include direct impacts on benthic habitats and food resources, hydrological modifications, turbidity and siltation, contaminant resuspension, and entrainment in hydraulic Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 dredge intake pipelines. A total of 18 Atlantic sturgeons were taken by hopper dredges during federal navigation dredging along the South Atlantic Coast from October 1990 to March 2012, including two at Wilmington Harbor (USAGE 2014). No dredge takes have been reported at Morehead City Harbor. 4.1.4 Effects of the Proposed Action on Shortnose and Atlantic Sturgeon This assessment evaluates potential effects on shortnose and Atlantic sturgeon that may occur through the following impact mechanisms: physical disturbance and modification of soft bottom foraging habitat within the dredging footprint, sediment suspension and redeposition, and entrainment by hydraulic dredges. RECEIVED 4.1.4.1.1 Direct Impacts on Soft Bottom Foraging Habitat JUL 2 6 2022 New dredging would directly impact 3.0 acres of soft bottom habitat in the barge f0 i*MHD CITY expansion area. Existing bottom depths ranging from -4 to -13 ft MLLW would be increased to - 14 ft MLLW. Initial construction and subsequent periodic maintenance dredging events would remove the existing benthic infaunal invertebrate community, thereby temporarily reducing the availability of potential prey for shortnose and Atlantic sturgeon. Depending on shoaling rates, the affected benthic infaunal communities would experience recurring maintenance dredging impacts every 2 to 5 years. Studies of benthic community recovery in shallow estuarine navigation channels along the southeastern coast have reported rapid recovery within two to six months (Van Dolah at al. 1984 and 1979, Stickney and Perlmutter 1975, and Stickney 1972). These studies indicate that recolonization via slumping of adjacent undisturbed sediments into the dredged channel is an important recovery mechanism. Van Dolah at al. (1984) also attributed relatively rapid recovery to rapid infilling by sediments that were similar in composition to the extracted material and avoidance of spring benthic invertebrate recruitment periods. Existing surficial sediments in the new dredging footprint are part of a uniform fine sand layer that extends to a depth of -45 ft MLLW, thus the proposed action would not be expected to alter sediment composition. Maximum bottom depth increases of —10 feet would not be expected to alter benthic community composition within the new dredging area. The proposed project construction and maintenance window (01 October - 31 January) would avoid peak benthic invertebrate recruitment periods; thus facilitating relatively rapid recovery with the onset of spring recruitment. 4.1.4.1.2 Sediment Suspension and Redeposition Dredging -induced sediment suspension and associated increases in turbidity can affect the behavior (e.g., feeding, predator avoidance, habitat selection) and physiological functions (e.g., gill -breathing) of marine fishes (Michel at al. 2013). The extent and duration of dredging -induced sediment suspension are influenced by sediment composition at the dredge site, the type of dredge employed, and hydrodynamic conditions at the dredge site (Wilber et al. 2005). Sediment suspension by cutterhead dredges is generally confined to the near bottom water column in the immediate vicinity of the rotating cutterhead assembly (LaSalle et al. 1991). Based on sediment resuspension data collected during navigation dredging projects, Hayes at al. (2000) and Hayes and Wu (2001) reported average cutterhead dredge sediment resuspension rates ranging from 0.003 to 0.135% of the fine silt/clay fraction. Mechanical dredges (bucket and clamshell) generally have higher sediment suspension rates due to the washing of material out of the bucket as it is Biological Assessment Newport River Barge Fleeting Area Expansion Dial Cordy and Associates Inc. July 2022 withdrawn from the bottom and moved through and above the water column (LaSalle at al. 1991). Water injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment -water mixture known as a density current that flows along the bottom via gravity to deeper areas. Monitoring results for multiple projects in the US indicate that WID-induced sediment suspension is principally confined to the lower water column within 2 to 5 feet of the bottom (Welp et al. 2017). Regardless of dredge type, prolonged sediment suspension and extensive turbidity plumes are primarily associated with the suspension of fine silt/clay particles that have relatively slow settling velocities, whereas sands and gravels that make up the coarse - grained sediment fraction resettle rapidly in the immediate vicinity of the dredge (Schroeder 2009). As previously described, the sediments to be excavated from the new dredging area consist predominantly of relatively coarse sands that would resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead, bucket, or water injection dredge would primarily be confined to the immediate vicinity of the new dredging footprint. It is expected that suspended fine sediments would be rapidly dispersed by currents in the contiguous AIWW navigation channel, thus limiting the duration of any adverse effects on water quality. 4.1.4.1.3 Entrainment Hydraulic dredging operations can potentially impact shortnose and Atlantic sturgeon directly through entrainment in the dredge intake pipe. Although shortnose sturgeon have been taken by both hopper and cutterhead dredges in rivers along the North Atlantic Coast, no dredge takes have occurred along the South Atlantic Coast. The shortnose sturgeon is typically found in the upper portions of rivers above the freshwater -saltwater interface, which reduces the potential for dredge interactions. Based on the absence of reported dredge interactions along the South Atlantic Coast, its restriction primarily to the upper portions of rivers, and the low probability of occurrence in the action area; it is anticipated that the risk of direct injury to shortnose sturgeon from dredging operations would be negligible. Atlantic sturgeon have been taken by both hopper and cutterhead dredges during federal navigation dredging operations along the eastern US coast (USAGE 2014b). However, all confirmed Atlantic sturgeon takes (n=5) by cutterhead dredges occurred in the upper Delaware River during the winter in an area that is known to contain dense aggregations of sturgeon that are resting on the bottom and exhibiting little movement. Analyses of cutterhead dredge intake velocities and sturgeon swimming capabilities indicate that the risk of entrainment is limited to juveniles within 1.0 meter of the dredge pipe intake (NMFS 2012). NMFS has determined through previous separate navigation dredging consultations that mechanical dredges are extremely unlikely to overtake or adversely affect sturgeon (NMFS 2020). Any occurrences of Atlantic sturgeon in the vicinity of the action area would likely consist of adults or subadults that would be able to avoid the dredge pipeline suction field. Based on the absence of reported cutterhead dredge interactions along the South Atlantic Coast and the absence of suitable juvenile nursery habitats in the vicinity of the action area, it is anticipated that the risk�CEIVED direct injury to Atlantic sturgeon from dredging operations would be negligible. JUL 26 2022 4.1.5 Determination of Effect DCM-MHD CITI The risk of direct injury to sturgeon from dredging is considered negligible, and the proposed action would have only minor short-term effects on potential foraging habitats and water quality. Therefore, it is determined that the proposed action may affect, but is not likely to adversely affect shortnose and Atlantic sturgeon. Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 4.2 Sea Turtles RECEIVED 4.2.1 Status, Distribution, and Habitat Loggerhead Sea Turtle JUL 26 2022 DCM-MHD CITY The loggerhead sea turtle (Caretta caretta) was initially listed under the ESA as threatened throughout its range on 28 July 1978 (43 FR 32800). In 2011, the loggerhead's ESA status was revised to threatened and endangered based on the recognition of nine DPSs. Distinct population segments encompassing populations in the Northwest Atlantic Ocean, South Atlantic Ocean, Southwest Indian Ocean, and Southeast Indo-Pacific Ocean were reclassified as threatened; while the remaining five populations in the Northeast Atlantic Ocean, Mediterranean Sea, North Pacific Ocean, South Pacific Ocean, and North Indian Ocean were reclassified as endangered. Nesting in the US occurs along the Atlantic and Gulf coasts from southern Virginia to Texas, but is concentrated from NC through Alabama (NMFS and USFWS 2008). Post-hatchlings initially reside in neritic (continental shelf) waters where they inhabit convergence zones with accumulations of floating material such as sargassum. After a period of weeks or months, post- hatchlings enter oceanic waters and begin a juvenile oceanic phase of development. Oceanic phase juveniles appear to move with the predominant ocean gyres for several years before returning to neritic waters where juvenile development continues to adulthood. In the US, juvenile neritic phase loggerheads inhabit essentially all continental shelf waters along the Atlantic and Gulf of Mexico coasts; including protected estuarine waters (sounds and bays). Adults primarily inhabit offshore continental shelf waters from New York south through Florida and in the Gulf of Mexico. Adult loggerheads are less likely than juveniles to utilize enclosed shallow estuarine waters that have limited ocean access; however, shallow estuaries with expansive ocean access comprise important foraging habitats for both juveniles and adults (NMFS and USFWS 2008). Green Sea Turtle The green sea turtle (Chelonia mydas) was initially listed as endangered and threatened under the ESA on 28 July 1978 (43 FR 32800). Breeding populations in Florida and along the Mexican Pacific Coast were listed as endangered, while all other populations throughout the species' range were listed as threatened. In 2011, the green sea turtle's ESA status was revised to threatened and endangered based on the recognition of eight DPSs (81 FR 20057). All green sea turtles in the North Atlantic were listed as threatened under the North Atlantic Ocean DIPS. Nesting in the US is primarily limited to Florida, although nesting occurs in small numbers along the southeast coast from Georgia to NC and the Gulf Coast of Texas. In US waters, green sea turtles are distributed along the Atlantic and Gulf Coasts from Massachusetts to Texas (NMFS and USFWS 2007a). Post-hatchlings migrate to oceanic waters and begin an oceanic juvenile phase of development. Oceanic phase juveniles appear to move with the predominant ocean gyres for several years before returning to neritic waters where juvenile development continues to adulthood. Neritic phase juveniles inhabit shallow estuarine waters and nearshore waters that are rich in seagrasses and/or marine macroalgae. Adults generally occur in relatively shallow foraging habitats with abundant seagrasses and macroalgae, but may enter the oceanic zone when migrating between foraging grounds and nesting beaches. No critical habitat has been designated for the green sea turtle in the continental US. Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 10 HhULIVLU JUL 26 2022 Kemp's Ridley Sea Turtle DCM-MHD CITY Kemp's ridley turtles (Lepidochelys kempii) occur primarily in coastal waters of the Gulf of Mexico and the western North Atlantic Ocean. Data indicate that adults utilize coastal habitats of the Gulf of Mexico and the southeastern United States. Adults inhabit nearshore waters and are commonly found over crab -rich sandy or muddy bottoms. Nesting is limited primarily to the northeastern coast of Mexico, although rare nesting events have been recorded from the southeastern United States. Hatchlings migrate to the oceanic zone where they are carried by currents into various areas of the Gulf of Mexico and the North Atlantic Ocean. At approximately two years of age, juveniles leave the oceanic zone and move to coastal benthic habitats in the Gulf of Mexico and the Atlantic Ocean along the eastern United States. During this stage, juveniles occupy protected coastal waters such as bays, estuaries, and nearshore waters that are less than 165 ft. deep. Juveniles utilize a wide range of bottom substrates, but apparently depend on an abundance of crabs and other invertebrates (NMFS and USFWS 2007c). Leatherback Sea Turtle The leatherback turtle (Dermochelys coriacea), federally endangered, occurs in all oceans of the world and has the largest geographic range of any turtle. Nesting occurs on beaches throughout tropical and subtropical regions, and foraging turtles are distributed north and south into sub -polar regions. Major nesting areas in the western North Atlantic Ocean and Caribbean Sea include Florida, St. Croix, the United States Virgin Islands, Puerto Rico, Costa Rica, Panama, Columbia, Trinidad and Tobago, Guyana, Surinam, and French Guiana. Adults and sub -adults migrate seasonally to foraging areas in the northern latitudes, and during the summer and fall; the highest densities of leatherback turtles in the north Atlantic are located in Canadian waters (NMFS and USFWS 2007e). Although leatherback turtles are commonly known as highly pelagic animals, recent telemetry studies have documented high use foraging sites in continental shelf and slope waters (James at al. 2005). Leatherback turtles undertake extensive migrations between northern foraging grounds and tropical and subtropical nesting beaches. Little is known of the distribution and developmental habitat requirements of hatchling, juvenile, and sub -adult leatherback turtles (NMFS and USFWS 2007e). Hawksbill Sea Turtle Hawksbill turtles (Eretmochelys imbricate), federally endangered, are distributed circumglobally in tropical, and to a lesser extent, subtropical waters of the Atlantic, Indian, and Pacific Oceans. Nesting occurs on ocean beaches throughout the tropics and subtropics. In the continental United States, hawksbill turtles have been reported from all of the Gulf States and along the east coast as far north as Massachusetts; however, sightings north of Florida are rare. Major nesting areas in the western North Atlantic Ocean include the insular Caribbean, the Yucatan Peninsula in Mexico, and Panama. Nesting in the continental United States is primarily restricted to the southeastern coast of Florida and the Florida Keys (NMFS and USFWS 1993). Hatchlings are carried by ocean currents to the oceanic zone where they reside in major ocean gyres. Once a carapace length of eight to 12 inches is reached, juveniles leave the oceanic zone and move to nearshore habitats. Juveniles and adults are most commonly associated with coral reef habitats; however, additional habitats may include other hardbottom habitats, seagrass beds, algal beds, mangrove bays and creeks, or mud flats. As immature turtles increase in size, they occupy a series of habitats, with larger turtles showing some preference for deeper sites. Post pelagic juveniles and adults utilize a variety of food items that include sponges and other invertebrates, Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 11 as well as marine macroalgae (NMFS and USFWS 2007d). Hawksbill sea turtles are rare in NC waters (Epperly et al. 1995a) and are primarily associated with coral reef habitats (NMFS and USFWS 2007c). Coral reef habitats along the NC coast are restricted to deep offshore waters >20 miles from shore (Maclntyre and Pilkey 1969, Maclntyre 2003). RECEIVED 4.2.2 Occurrence in the Action Area Loggerhead, Green, and Kemps Ridley JUL 26 2022 DCM-MHD CITY North Carolina's sounds and estuaries provide important developmental and foraging habitats for post -pelagic juvenile loggerhead, green, and Kemp's ridley turtles. Most of the information regarding the inshore distribution of marine turtles in North Carolina has been generated by studies in the Pamlico -Albemarle estuarine complex, where large numbers of loggerhead, green, and Kemp's ridley turtles are incidentally captured each year during commercial fishing operations. All three species are represented primarily by juveniles, with few reported captures of older juveniles and adults (Epperly et al. 2007). Juveniles of all three species move inshore during the spring and disperse throughout the sounds during the summer. Juveniles leave the sounds and move offshore during the late fall and early winter. Aerial surveys have shown a strong relationship between turtle sea distribution and sea surface temperature. Goodman et al. (2007) conducted aerial turtle surveys and sea surface temperature monitoring in Core Sound, Pamlico Sound, and adjacent nearshore ocean waters from July 2004 to April 2006. All but one of the 92 turtle observations occurred in waters where sea surface temperatures were above 11 degrees Celsius (°C). All sightings in the sounds occurred between 16 April and 20 November, and all sightings in the nearshore ocean occurred between 23 April and 27 November. The winter distribution of turtles offshore of Cape Hatteras was also correlated with sea surface temperatures above 11°C (Epperly et al. 1995c). In a similar study by Coles and Musick (2000), turtle distribution offshore of Cape Hatteras was restricted to sea surface temperatures >_13.3°C. Leatherback and Hawksbill The leatherback sea turtle is primarily a pelagic species of deep, offshore waters. Leatherbacks are known to occur in nearshore ocean waters during certain times of the year, but rarely enter interior estuarine waters. Epperly et al. (1995b) reported the appearance of significant numbers of leatherback turtles in nearshore ocean waters during May, coincident with the appearance of jellyfish prey. Aerial surveys by Goodman et al. (2007) along the Outer Banks coastline recorded only one leatherback in the nearshore ocean during the summer. Epperly et al. (1995a) reported the occurrence of three leatherback turtles in Core and Pamlico Sounds during December 1989. Hawksbill sea turtles are rare in NC and they rarely enter estuarine waters (Epperly et al. 1995a). A total of nine hawksbill turtle stranding incidents were reported along North Carolina beaches between 1998 and 2009 (Seaturtle.org 2011). Strandings were reported during the months of January, March, April, and November. Epperly et al. (1995b) reported the incidental capture of one hawksbill turtle in Pamlico Sound. Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 12 Loggerhead Nearshore Reproductive Critical Habitat Nearshore ocean waters along Bogue Banks from the MHW line out to 1.6 kilometers (km) are designated as nearshore reproductive critical habitat for the loggerhead sea turtle (Figure 4). Nearshore marine critical habitat units represent reproductive habitat along nesting beaches that is used by hatchlings for egress to the open ocean and by nesting females for movements between beaches and the open ocean during the nesting season. Critical nearshore reproductive habitat PCEs include: 1) nearshore waters directly off the highest density nesting beaches and their adjacent beaches, 2) waters sufficiently free of obstructions and artificial lighting to allow transit through the surf zone to open water, and 3) waters with minimal manmade structures that could promote predators, disrupt wave patterns necessary for orientation, and/or create excessive longshore currents (79 FIR 39855). 4.2.3 Factors Affecting the Species Threats that are common to all marine turtle species in estuarine and marine environments include fisheries by -catch, vessel strikes, marine debris ingestion or entanglement, and entrainment by hydraulic dredges (NMFS and USFWS 2007a-e). Threats associated with fisheries by -catch include entrapment in trawls and entanglement in a wide variety of other fishing gear. Shrimp trawling is the most detrimental fishing practice and the greatest overall anthropogenic cause of loggerhead turtle mortality. Mortality associated with shrimp trawling is estimated to be ten times that of all other anthropogenic activities combined. Vessel strikes are also a common cause of turtle mortality. Of all loggerhead turtle strandings that were reported from 1997 through 2005, 14.9% exhibited signs of vessel strikes. Marine turtles are vulnerable to direct injury by hopper dredges as a result of being entrained in the dredge intake pipe during the sediment extraction process. The Wilmington District USACE reported takes of 30 loggerhead, four Kemp's ridley, and three green sea turtles by hopper dredges in the vicinity of Wilmington Harbor from 1992-2013 (USACE 2016). Most of the reported takes in the vicinity of Morehead City Harbor (MCH) occurred during late November through mid -December and mid - March through April. Takes of hawksbill and leatherback sea turtles by dredges have not been reported along the southeastern US coast. Hawksbill sea turtles are rare in NC waters (Epperiy et al. 1995a) and are primarily associated with coral reef habitats (NMFS and USFWS 2007c). Coral reef habitats along the NC coast are restricted to deep offshore waters >20 miles from shore (Maclntyre and Pilkey 1969, Macintyre 2003). RECEIVED JUL 26 2022 DCM-MHD CITY Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 13 Figure 4. Loggerhead Turtle Critical Habitat Biological Assessment Newport River Barge Fleeting Area Expansion °DIVED JUL 2 6 2022 DCM-MHD CITY Dial Cordy and Associates Inc. July 2022 14 4.2.4 Effects of the Proposed Action on Sea Turtles This assessment considers potential effects on sea turtles that may occur through the following impact mechanisms: physical interactions with dredging equipment, physical disturbance and modification of benthic foraging habitat within the dredging footprint, and sediment suspensiopECF_IVED and redeposition. JUL 26 2022 4.2.4.1.1 Dredge Interactions DCM-MHD CIl The proposed dredging window of 1 October - 31 January encompasses periods of warmer water temperatures (October and November) when loggerhead, green, and Kemps ridley sea turtles are likely to be present in the vicinity of the action area. Construction and maintenance of the barge fleeting expansion area would employ hydraulic pipeline (cutterhead) and/or mechanical bucket dredges. Sea turtle takes by cutterhead dredges have not been reported along the southeastern US coast, and only one take by a mechanical dredge has been reported over the past several decades (NMFS 2012). In prior separate consultations with the Wilmington District, NMFS has made the determination that hydraulic cutterhead and mechanical navigation dredging activities are not likely to adversely affect sea turtles (NMFS 2012). Therefore, it is expected that the risk of sea turtle -dredge interactions resulting in injury or mortality would be negligible. 4.2.4.1.2 Impacts on Benthic Foraging Habitat Based on a review of NCDMF benthic habitat maps, there are no SAV or shell bottom habitats in the immediate vicinity of the proposed new dredging area. New dredging would directly impact 3.0 acres of potential soft bottom foraging habitat in the barge fleeting expansion area. Existing bottom depths ranging from -4 to -13 ft MLLW would be increased to -14 ft MLLW. Initial construction and subsequent maintenance dredging events would remove the existing benthic infaunal invertebrate community, thereby temporarily reducing the availability of potential prey for sea turtles. However, studies of benthic community recovery in shallow estuarine navigation channels along the southeastern coast have reported rapid recovery within two to six months (Van Dolah et al. 1984 and 1979, Stickney and Perlmutter 1975, and Stickney 1972). These studies indicate that recolonization via slumping of adjacent undisturbed sediments into the dredged channel is an important recovery mechanism. Van Dolah et al. (1984) also attributed relatively rapid recovery to rapid infilling by sediments that were similar in composition to the extracted material and avoidance of spring benthic invertebrate recruitment periods. Existing surficial sediments in the new dredging footprint are part of a uniform fine sand layer that extends to a depth of -45 ft MLLW, thus the proposed action would not be expected to alter sediment composition. Maximum bottom depth increases of —10 feet would not be expected to alter benthic community composition within the new dredging area. The proposed project construction and maintenance window (01 October - 31 January) would avoid peak benthic invertebrate recruitment periods; thus facilitating relatively rapid recovery with the onset of spring recruitment. 4.2.4.1.3 Sediment Suspension Dredging -induced sediment suspension and associated increases in turbidity may affect sea turtle behaviors such as foraging and habitat selection. As previously described, the sediments to be excavated from the new dredging area consist predominantly of relatively coarse sands that would Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 15 resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead, bucket, or water injection dredge would primarily be confined to the immediate vicinity of the new dredging footprint. Furthermore, it is expected that suspended fine sediments would be rapidly dispersed by currents in the contiguous AIWW navigation channel, thus limiting the duration of any behavioral effects on sea turtles. 4.2.5 Conservation Measures The following conservation measures would be implemented to avoid or minimize potential effects sea turtles: • Construction and maintenance dredging would be conducted within a 1 October to 31 January project window. • Water injection dredging (WID) would be conducted only on falling tides. • Good Engineering Practices (GEPs) and Best Management Practices (BMPs) would be applied to all dredging activities. • Dredged material delivery pipelines would be routinely inspected for pressurized leaks, and any leaks that are found would be immediately repaired. • Dredging contractors would be required to maintain spill control plans and waste management plans for all dredging fleet equipment. 4.2.6 Determination of Effect RECEIVED JUL 26 2022 Loggerhead, Green, Kemps Ridley, Leatherback, and Hawksbill Sea Turtles DCM-+ViHD CITY The proposed dredging window of 1 October- 31 January encompasses periods of warmer water temperatures (October and November) when all five listed sea turtles could potentially occur in the vicinity of the action area. However, the risk of direct injury to sea turtles from dredging is considered negligible, and the proposed action would have only minor short-term effects on potential foraging habitats and water quality. Therefore, it is determined that the proposed action may affect, but is not likely to adversely affect the loggerhead, green, Kemps ridley, leatherback, and hawksbill sea turtles. Loggerhead Nearshore Reproductive Critical Habitat Nearshore reproductive critical habitat for the loggerhead sea turtle is located -3 miles from the proposed new dredging area along the oceanfront shoreline of Atlantic Beach. Therefore, it is determined that the proposed action would have no effect on nearshore reproductive critical habitat for the loggerhead sea turtle. Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 16 RECEIVED JUL 26 NZZ 5.0 REFERENCES DCM-MHD CITY Atlantic Sturgeon Status Review Team (ASSRT). 2007. Status Review of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus). Report to National Marine Fisheries Service, Northeast Regional Office. February 23, 2007. 174 pp. Armstrong, J.L. and J.E. Hightower. 1999. Potential for restoration of the Roanoke River population of Atlantic sturgeon. Applied Ichthyology 18:475-480. Coles, C.C. and J.A. Musick. 2000. Satellite Sea Surface Temperature Analysis and Correlation with Sea Turtle Distribution off North Carolina. Copeia 2000: 551-554. Collins, M.R., D.C. Walling, L.E. Zimmerman, R.F. Van Dolah. 2000. Savannah Harbor Biological Monitoring: Fish, Shellfish, and Benthos. Final report to U.S. Environmental Protection Agency, Atlanta, GA. Epperly, S.P., J. Braun, and A.J. Chester. 1995a. Aerial surveys for sea turtles in North Carolina inshore waters. Fishery Bulletin 93: 254-261. Epperly, S.P., J. Braun, and A. Veishlow. 1995b. Sea turtles in North Carolina waters. Conservation Biology 9: 384-394. Epperly, S.P., J. Braun, A.J. Chester, E.A. Cross, J.V. Merriner, and P.A. Tester. 1995c. The winter distribution of sea turtles in the vicinity of Cape Hatteras and their interactions with the summer flounder trawl fishery. Bull. Mar. Sci. 56: 547-568. Epperly, S.P., J. Braun -McNeill, and P.M. Richards. 2007. Trends in catch rates of sea turtles in North Carolina, USA. Endangered Species Research 3: 283-293. Goodman, M.A., J.B. McNeill, E. Davenport, and A.A. Hohn. 2007. Protected species aerial survey data collection and analysis in waters underlying the R-5306A Airspace: Final report submitted to U.S. Marine Corps, MCAS Cherry Point. NOAA Technical Memorandum NMFSSEFSC-551. Kirby -Smith, W.W. and J.D. Costlow. 1989. The Newport River Estuarine System. Duke University Marine Laboratory, Beaufort, NC. Laney, R.W., J.E. Hightower, B.R. Versak, M.F. Mangold, W.W. Cole Jr, S.E. Winslow. 2007. Distribution, habitat use, and size of Atlantic sturgeon captured during cooperative winter tagging cruises, 1988-2006. Am. Fish. Soc. Symp. 56, 167-182. LaSalle, M.W., D.G. Clarke, J. Homziak, J.D. Lunz, and T.J. Fredette. 1991. A framework for assessing the need for seasonal restrictions on dredging and disposal operations. Technical Report D-91-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS. Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 17 Maclntyre, I.G. 2003. A Classic Marginal Coral Environment: Tropical Coral Patches off North Carolina, USA. Coral Reefs 22: 474. Maclntyre, I.G. and O.H. Pilkey. 1969. Tropical Reef Corals: Tolerance of Low Temperatures on the North Carolina Continental Shelf. Science 166: 374-375. Michel, J., A.C. Bejarano, C.H. Peterson, and C. Voss. 2013. Review of biological and biophysical impacts from dredging and handling of offshore sand. OCS Study BOEM 2013-0119 Herndon, Virginia: U.S. Department of the Interior, Bureau of Ocean Energy Management. Moser, M.L. and S.W. Ross. 1995. Habitat use ad movements of shortnose and Atlantic sturgeons in the Lower Cape Fear River, North Carolina. Transactions of the American Fisheries Society 124:225-234. National Marine Fisheries Service (NMFS). 2020. South Atlantic Regional Biological Opinion for Dredging and Material Placement Activities in the Southeast United States. NMFS. 2012. Endangered and Threatened Wildlife and Plants; Final Listing Determinations for Two Distinct Population Segments of Atlantic Sturgeon (Acipenser oxyrinchus oxyrinchus) in the Southeast. 77 FIR 5914. NMFS. 1998. Recovery Plan for Shortnose Sturgeon, Acipenser brevirostrum. Prepared by the Shortnose Sturgeon Recovery Team for the National Marine Fisheries Service, Silver Spring, Maryland. 104 pp. NMFS and United States Fish and Wildlife Service (USFWS). 2008. Recovery Plan for the Northwest Atlantic Population of the Loggerhead Sea Turtle (Caretta caretta), Second Revision. National Marine Fisheries Service, Silver Spring, MD and U.S. Fish and Wildlife Service. Atlanta, GA. NMFS and USFWS. 2007a. Loggerhead Sea Turtle (Caretta caretta) 5-Year Review: Summary and Evaluation. National Marine Fisheries Service, Office of Protected Resources, Silver Spring, MD and U.S. Fish and Wildlife Service, Southeast Region, Jacksonville Ecological Services Field Office, Jacksonville, FL. NMFS and USFWS. 2007b. Green Sea Turtle (Chelonia mydas) 5-Year Review: Summary and Evaluation. National Marine Fisheries Service, Office of Protected Resources, Silver Spring, MD and U.S. Fish and Wildlife Service, Southeast Region, Jacksonville Ecological Services Field Office, Jacksonville, FL. NMFS and USFWS. 2007c. Kemp's Ridley Sea Turtle (Lepidochelys kemph) 5-Year Review: Summary and Evaluation. National Marine Fisheries Service, Office of Protected Resources, Silver Spring, MD and U.S. Fish and Wildlife Service, Southwest Region, Albuquerque, NM. NMFS and USFWS. 2007d. Hawksbill Sea Turtle (Eretmochelys imbricata) 5-Year Review: Summary and Evaluation. National Marine Fisheries Service, Office of Protected RECEIVED Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion 18 JUL 2 6 2022 July 2022 DCM-MHD CITY Resources, Silver Spring, MD and U.S. Fish and Wildlife Service, Southeast Region, Jacksonville Ecological Services Field Office, Jacksonville, FL. NMFS and USFWS. 2007e. Leatherback Sea Turtle (Dermochelys coriacea) 5-Year Review: Summary and Evaluation. National Marine Fisheries Service, Office of Protected Resources, Silver Spring, MD and U.S. Fish and Wildlife Service, Southeast Region, Jacksonville Ecological Services Field Office, Jacksonville, FL. NMFS and USFWS. 1993. Recovery Plan for Hawksbill Turtles in the U.S. Caribbean Sea, Atlantic Ocean, and Gulf of Mexico. National Marine Fisheries Service, St. Petersburg, FL. Oakley, N.C. and J.E. Hightower. 2007. Status of shortnose sturgeon in the Neuse River, North Carolina. American Fisheries Society Symposium 56:273-284. Quattro, J.M., T.W. Greig, D.K. Coykendall, B.W. Bowen, and J.D. Baldwin. 2002. Genetic issues in aquatic species management: the shortnose sturgeon (Acipenser brevirostrum) in the southeastern United States. Conservation Genetics 3: 155-166. Ross, S.W., F.C. Rohde, and D.G. Lindquist. 1988. Endangered, threatened, and rare fauna of North Carolina, part 2. A re-evaluation of the marine and estuarine fishes, North Carolina Biological Survey, Occasional Papers 1988-7 Raleigh, North Carolina. Seaturtle.org. 2017. Sea turtle rehabilitation and necropsy database, North Carolina stranding reports. On-line: http://www.seaturtle.org. Schroeder, P.R. 2009. USACE Technical Guidelines for Practicing the 3R's of Environmental Dredging. Proceedings of the Western Dredging Association Twenty-ninth Technical Conference and 40th Annual Texas A&M Dredging Seminar, Tempe, AZ, June 2009. Shortnose Sturgeon Status Review Team (SSSRT). 2010. A biological assessment of shortnose sturgeon (Acipenser brevirostrum). Report to National Marine Fisheries Service, Northeast Regional Office. Stickney, R. 1972. Effects of Intracoastal Waterway Dredging on Ichthyofauna and Benthic Macro- Invertebrates. Technical Report Series. No 72-4. Skidaway Institute of Oceanography, Savannah, GA. July 1972 60 pp. Stickney, R. and D. Perlmutter. 1975. Impact of Intracoastal Waterway maintenance dredging on a mud bottom benthos community. Biol Consery 01/1975; 7(3):211-225. United States Army Corps of Engineers (USAGE). 2016. Sea Turtle Protection and Data Warehouse. Available at: http://ei.erdc.usace.army.mil/seaturtles/. USACE. 2014. Section 7(a)(2) and 7(d) Endangered Species Act Jeopardy Analysis of the Effect on Atlantic Sturgeon of Navigation Channel Maintenance Dredging and Dredging of Offshore Borrow Sources for Beach Sand Placement on the South Atlantic Coast (21 April 2014). USACE, South Atlantic Division, Atlanta, GA. RECEIVED Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion JUL 26 2OZ2 July 2022 19 DCM-MHD CITY Van Dolah, R.F., D.R. Calder, D.M. Knott, and M.S. Maclin. 1979. Effects of dredging and unconfined disposal on macrobenthic communities in Sewee Bay, South Carolina. Tech. Rep. 39. South Carolina Marine Resources Center, Charleston, SC. Van Dolah, R.F., D.R. Calder, and D.M., Knott. 1984. Effects of dredging and open water disposal on benthic macroinvertebrates in a South Carolina estuary. Estuaries 7:28-37. Welp, T.L., M.W. Tubman, D.A. Wilson, and C.E. Pollock. 2017. Water Injection Dredging. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Wilber, D.H., W. Brostoff, D.G. Clarke, and G.L. Ray. 2005. Sedimentation: Potential biological effects from dredging operations in estuarine and marine environments. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Wirgin, I., C. Grunwald, E. Carlson, J. Stabile, D.L. Peterson, and J. Waldman. 2005. Range - wide population structure of shortnose sturgeon, (Acipenser brevirostrum), based on sequence analysis of the mitochondrial DNA control region. Estuaries Vol. 28(3): 406- 421. Biological Assessment Newport River Barge Fleeting Area Expansion RECEIVED JUL 2 6 2022 DCM-MHD CITY Dial Cordy and Associates Inc. July 2022 20 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: North Carolina State Ports Authority Mailing Address: PO Box 9002 Wilmington, NC 28402 Phone Number: (910) 251-5687 Email Address: todd.walton@ncports.com I certify that I have authorized James Hargrove and Steve Dial of Dial Cordy and Associates Inc. Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Expansion of the northern baroe fleeting area at my property located at 113 Arendell St in Carteret County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature Todd C Walton Print or Type Name Sr Environmental Supervisor Title 06 / 29 / 2022 Date This certification is valid through 12/ 3112022 RECEIVED JUL 26 2022 DCM-MHD CITY DIAL CORDY AND ASSOCIATES INC Fir irtmullenral C(H1stilKAIhS 201 N. Front Street, Suite 307 Wilmington, NC 28401 (910) 251-9790 Fax (910) 251-9409 July 14, 2022 Heather Styron Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Ave Morehead City, NC 28557 Subject: Port of Morehead City Northern Barge Fleeting Area Expansion, CAMA Major Permit Modification (# 120-13) Dear Heather Styron, On behalf of the North Carolina State Ports Authority, Dial Cordy and Associates Inc. is pleased to submit this CAMA Major Permit modification (# 120-13) to the Division of Coastal Management for review and permit issuance. The Port at Morehead City is requesting a modification to the CAMA Major Permit (120-13) to expand the footprint of the existing northern barge fleeting area. The existing fleeting area encompasses 2.0 acres along the western margin of the Atlantic Intracoastal Waterway (AIWW). The authorized depth of the existing facility matches that of the AIWW at -14 ft MLLW (12 + 2 ft of over dredge). A series of six steel pile mooring piles are currently installed within the fleeting area. The proposed action would expand the existing facility westward by dredging an additional 2.0 acres of subtidal bottom to a depth of -14 ft MLLW (12 + 2 ft of over dredge). An additional 1.0 acre of new dredging would be required to construct a transitional 3:1 slope along the western margin of the 2.0-acre expansion area. In total, the proposed action would require 3.0 acres of new dredging and the removal of an estimated 35,000 cy of material. No new mooring structures are proposed, as the existing mooring piles are sufficient to accommodate additional barges in the expansion area. The depth of the expansion area would be maintained through periodic maintenance dredging expected to occur once every 2-5 years using the currently permitted NCSPA water injection dredge. Existing depths in the proposed new dredging area range from - 4 to -14 ft MLLW. Construction of the barge fleeting expansion area would employ hydraulic pipeline (cutterhead) dredges and/or mechanical bucket dredge and scow systems. Dredged material would be placed in one of the existing Port -owned confined disposal facilities; which include the Marsh Island, Brandt Island, and North Radio Island disposal areas. Disposal operations for cutterhead dredging would involve direct hydraulic delivery to the disposal area via floating and/or submerged pipeline. In the case of mechanical dredging, disposal would involve the transport of dredged material via scow to the disposal area for placement via mechanical means or hydraulic offloading. RECEIVED JUL 2 6 2022 DCM-MHD CITY Included with this letter are the following documents for your review and consideration: MP1, MP2 forms and the project narrative for the proposed permit modification to CAMA Major Permit (# 120-13). Riparian land owner notification forms and project descriptions were mailed via certified letter to the USACE and Morehead City Yacht Club. Also available are the Essential Fish Habitat Assessment (EFH) and Biological Assessment (BA). The EFH and BA will be delivered to the USACE Wilmington District office in paper and digital form. We look forward to working with you to complete the proposed permit modification. Enclosure CC: Todd Walton, NCSPA Liz Hair, USACE, Wilmington District Heather Coats, NCDCM Sincerely, Dial Cordy and Associates Inc. R. Steve Dial President RECEIVED JUL 2 6 2022 DCM-MHD CITY NORTH CAROLINA STATE PORTS AUTHORITY PORT OF MOREHEAD CITY NORTHERN BARGE FLEETING AREA EXPANSION JUNE 2022 PROJECT NARRATIVE Proposed Action The Proposed Action by the North Carolina State Ports Authority (NCSPA) at the Port of Morehead City is to modify the existing Coastal Area Management Act (CAMA) Major Permit 120- 13 to expand the current dredge footprint of the northern barge fleeting area. The north barge fleeting area is located in the Newport River at the Port of Morehead City (Port) in Carteret County, North Carolina (NC). The north fleeting area is a temporary mooring facility for loaded barges that are awaiting waterborne transport to inland destinations. Barge fleeting activity at the Port is primarily associated with the transport of imported iron (direct reduced iron and pig iron) to the Hertford Steel plant on the Chowan River in Cofield, NC. Iron imports at the Port have doubled over the last several years; resulting in increased demand for barge fleeting capacity. The proposed action would expand the north barge fleeting area from 2 to 4 acres, thereby accommodating an additional 4 to 6 loaded barges. Description of the Proposed Action The north barge fleeting area is located in the Newport River -600 feet north of the northeast corner of the Port terminal facility (Figure 1). The existing fleeting area encompasses 2.0 acres along the western margin of the Atlantic Intracoastal Waterway (AIWW). The authorized depth of the existing facility matches that of the AIWW at -14 ft MLLW (12 + 2 ft of over dredge). A series of six steel pile mooring piles are currently installed within the fleeting area. The proposed action would expand the existing facility westward by dredging an additional 2.0 acres of subtidal bottom to a depth of -14 ft MLLW (12 + 2 ft of over dredge) (Figure 2). An additional 1.0 acre of new dredging would be required to construct a transitional 3:1 slope along the western margin of the 2.0-acre expansion area. In total, the proposed action would require 3.0 acres of new dredging and the removal of an estimated 35,000 cy of material. No new mooring structures are proposed, as the existing mooring piles are sufficient to accommodate additional barges in the expansion area. The depth of the expansion area would be maintained through periodic maintenance dredging expected to occur once every 2-5 years. Existing depths in the proposed new dredging area range from -4 to -14 ft MLLW (Figure 3). The sediments to be removed from the new dredging area are part of a uniform fine sand to silty fine sand layer that extends from the surface to a depth of -45-ft MLLW (Catlin Engineers 2013). Construction of the barge fleeting expansion Port of Morehead City RECEIVF1aI Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 1 JUL 26 2022 DCM-MHD CITY area would employ hydraulic pipeline (cutterhead) dredges and/or mechanical bucket dredge and scow systems. Dredged material would be placed in one of the existing Port -owned confined disposal facilities, which include the Marsh Island, Brandt Island, and North Radio Island disposal areas. Disposal operations for cutterhead dredging would involve direct hydraulic delivery to the disposal area via floating and/or submerged pipeline. In the case of mechanical dredging, disposal would involve the transport of dredged material via scow to the disposal area for placement via mechanical means or hydraulic offloading. Periodic maintenance of the barge fleeting expansion area would be accomplished by the Port -owned water injection dredge. Water injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment -water mixture known as a density current that flows along the bottom via gravity to deeper areas. A pipe manifold with a series of water injection nozzles is used to inject water into the sediment bed. The use of water injection dredging for maintenance of the Port's existing berths, fleeting areas, and turning basins is currently authorized under the Port's existing CAMA Major Permit. Description of the Action Area The north barge fleeting area is located —3 miles from the Atlantic Ocean in the lower Newport River Estuary between Morehead City and Beaufort in Carteret County, NC. The lower Newport River Estuary is a shallow, tidally -controlled system with an average depth of —3 feet MLLW. Mean tidal range in the lower estuary is 3.1 feet, and salinities approach those of seawater (34 ppt) (Kirby -Smith and Costlow 1989). The proposed new dredging area is located between the AIWW federal navigation channel and the Marsh Island disposal area. The AIWW navigation channel is maintained at a width of 250 feet and depth of 12 + 2 ft MLLW. The Marsh Island disposal area consists of diked uplands that are partially surrounded by unconfined tidal saltmarsh. Benthic habitats within the proposed new dredging area consist of sandy unconsolidated bottom. The surrounding Newport River Estuary contains a complex assemblage of intertidal and shallow subtidal estuarine habitats; including sandy shoals, shellfish beds, submerged aquatic vegetation (SAV) beds, and tidal saltmarsh. Potential Environmental Effects of the Proposed Action A summary of effects on fish and fish habitat within the action area is provided below. An EFH Assessment and a Biological Assessment that have been prepared for the Corps of Engineers are available upon request. Water Column The proposed dredging and maintenance associated with expanding the northern barge fleeting area may have minor effects on the estuarine water column through localized sediment suspension and associated increases in turbidity. The sediments to be excavated from the new dredging area consist predominantly of relatively coarse sands that would resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead or bucket dredge Port of Morehead City HEULIV1=10 Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 2 JUL 26 2022 DCM-MHD CITY would primarily be confined to the immediate vicinity of the new dredging footprint. Water injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment - water mixture known as a density current that flows along the bottom via gravity to deeper areas. Monitoring results for multiple projects in the US indicate that WID-induced sediment suspension is principally confined to the lower water column within 2 to 5 feet of the bottom (Welp et al. 2017). It is expected that suspended fine sediments would be rapidly dispersed by currents in the contiguous AIWW navigation channel, thus limiting the duration of any adverse effects on water quality and federally managed species. The proposed project construction window of 1 October - 31 January would avoid peak periods of larval ingress and estuarine -dependent juvenile abundance in the vicinity of the action area, thus minimizing the exposure of estuarine and marine fish and invertebrate species to sediment suspension effects. In the specific case of WID, the potential for upstream sediment transport into the New River Estuary would be minimized by conducting WID only on falling tides. Based on these considerations, it is expected that any adverse effects on water quality and estuarine and marine fish and invertebrate species would be minor and short-term. Larval Entrainment In the case of cutterhead pipeline dredging, the proposed action would affect estuarine -dependent fish and invertebrate species by entraining planktonic eggs and larvae that occur in the vicinity of the dredge pipe suction field. However, the results of larval entrainment modeling in Beaufort Inlet indicate that dredge entrainment rates are extremely low regardless of inlet larval concentrations and the distribution of larvae within the water column (Settle 2003). Even under worst case model scenarios when the dredge was assumed to be operating 24 hours/day and all larvae were assumed to be concentrated in the bottom of the navigation channel, projected entrainment rates barely exceeded 0.1 % of the daily (24-hour) larval flux through the inlet. The proposed new dredging area is located above Beaufort Inlet in the relatively broad Newport River Estuary where it is expected that the distribution of planktonic eggs and larvae would be relatively diffuse. Furthermore, the proposed project construction window of 1 October - 31 January would avoid the peak larval ingress period at Beaufort Inlet. Based on all of the above considerations, it is anticipated that the effects of egg/larval entrainment on populations of estuarine -dependent fish and invertebrate species would be negligible. Unconsolidated Bottom New dredging would directly impact 3.0 acres of unconsolidated bottom habitat in the barge fleeting expansion area. Existing bottom depths ranging from -4 to -13 ft MLLW would be increased to -14 ft MLLW. Initial construction and subsequent maintenance dredging events would remove the existing benthic infaunal invertebrate community, thereby temporarily reducing the availability of prey for federally managed demersal fishes such as summer flounder and estuarine -dependent species of the snapper -grouper complex. However, studies of benthic community recovery in shallow estuarine navigation channels along the southeastern coast have reported rapid recovery within two to six months (Van Dolah et al. 1984 and 1979, Stickney and Perlmutter 1975, and Stickney 1972). These studies indicate that recolonization via slumping of adjacent undisturbed sediments into the dredged channel is an important recovery mechanism. Van Dolah et al. (1984) also attributed relatively rapid recovery to rapid infilling by sediments that Port of Morehead City RECEIVED Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 3 JUL 26 2022 DCM-MHD CITY were similar in composition to the extracted material and avoidance of spring benthic invertebrate recruitment periods. Existing surficial sediments in the new dredging footprint are part of a uniform fine sand layer that extends to a depth of -45 ft MLLW, thus the proposed action would not be expected to alter sediment composition. Maximum bottom depth increases of -10 feet would not be expected to alter benthic community composition within the new dredging area. The proposed project construction window (01 October - 31 January) would avoid peak benthic invertebrate recruitment periods; thus facilitating relatively rapid recovery with the onset of spring recruitment. Based on all of the above considerations, it is anticipated that effects on estuarine unconsolidated bottom habitats and associated estuarine and marine fish and invertebrate species would be minor and short-term. Oyster Reefs and Shell Banks NCDMF benthic habitat maps do not identify any shell bottom areas within or immediately adjacent to the proposed new dredging area. Thus, no direct impacts on shell bottom habitats would be expected. The only mapped shell bottom area in the vicinity of the project area is a narrow linear shell bottom feature along the shoreline of Marsh Island -300-ft west of the new dredging footprint. Fine sediments that are suspended by the dredging process may be transported outside of the active dredging area, potentially affecting shell bottom areas through redeposition. Heavy sediment redeposition can impact oysters by inhibiting larval attachment to hard substrates and reducing the respiration and feeding rates of juveniles and adults (Wilber and Clarke 2010). However, according to Colden and Lipcius (2015), eastern oysters that were subjected to experimental sediment deposition did not exhibit significant mortality or sublethal effects until at least 70% of the shell height was buried. As previously described, the sediments to be excavated from the new dredging area consist predominantly of relatively coarse fine sands that would resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead, bucket, or water injection dredge would primarily be confined to the immediate vicinity of the new dredging footprint. Therefore, it is expected that the effects of dredging -induced sediment suspension and redeposition on oyster reefs and associated estuarine and marine fish and invertebrate species would be minor and short-term. Submerged Aquatic Vegetation (SAV) NCDMF SAV maps do not identify any SAV within or immediately adjacent to the proposed new dredging area. Thus, no direct impacts on SAV would be expected. Small patches of SAV are identified along the western shoreline of Marsh Island opposite the proposed dredging area (Figure 4). Fine sediments that are suspended by the dredging process may be transported outside of the active dredging area, potentially affecting SAV through increases in turbidity and/or sediment redeposition. However, as previously described, it is anticipated that the predominance of relatively coarse sand in the new dredging area would limit sediment suspension to the immediate vicinity of the active work area. Therefore, it is expected that any adverse effects on SAV and associated estuarine and marine fish and invertebrate species from dredging -induced sediment suspension and redeposition would be minor and short-term. State -Designated Fish Nursery Areas Port of Morehead City Rt_GtavtuDial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 4 JUL 2 6 202"L DCM-MHD CITY There are no Primary Nursery Areas (PNAs) or Secondary Nursery Areas (SNAs) in the immediate vicinity of the proposed new dredging area. Designated PNAs that are nearest to the proposed new dredging area are located -1.3 miles to the northwest in small tributaries of the Newport River (Calico Creek and Crab Point Bay) (Figure 5). The nearest additional PNAs and SNAs are located in the Newport River -4 miles upstream of the proposed new dredging area. No effects on PNAs or SNAs are anticipated. Port of Morehead City Northern Barge Fleeting Expansion RECEIVED 5 JUL 26 2022 nrWl_Mldn rITY Dial Cordy and Associates Inc. June 2022 0 V ° P O N r �4 M .MOREHEAD SWUE SOWD 8 8 8 tl B W M Y - .v... 1. 8 Y1 I1I3Y 4 tl Y 9 � n ..f...• J w JI W �v i.Y Ilt Y 11 }1 � 8 s w J w in ♦Y tl JY J 1\ �BT Y w1J u QOpt ht+m wBmwO ' a k � OOBr s' > w w or�x r OI Figure 1. Project Location and Proposed Action Area Port of Morehead City RECEIVEDDial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 f JUL 26 2022 DCM-MHD CITY Figure 12. North Barge Fleeting Area Expansion Layout Port of Morehead City RECEIVED Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 7 JUL 26 202Z DCM-MHD CITY A- A Bathymetric Profile Graph 3 Dlslalce (feet) B - B' Bathyr etric Profile Graph _ Emtml; Both rMy Profile Proposed Bawyrretiy Rohe 10 o -12 9aPe ProposM PkeYrg Arta Evsbrq FleeMg Prey Arta -14 -18 0 5o 10D 150 200 250 300 Distance (feet) C - C Ball ry . wh Ic Profile Graph -e Ebdsing Battrr" Prow _g Ia.Proposed BatlrymNry Proele 12 3:1 14 rta Papal Fleetip Area Eti9p RoMrp Meet 18 0 50 100 150 260 250 360] Dislanoe (feet) a7 � Legend Profile Locatim — it Cortou(MLWY) e BageFleeting Area Elevation(MLLW) ® Existing Fleeting Area Value ® Proposed FlestingAree -High'-2 0 150 300 450 600 O Proposed 3:1 Slope Lax:-30 Feet Figure 3. Northern Barge Fleeting Expansion Area — Existing and Proposed Bathymetry Port of Morehead City RECEIVED Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 8 JUL 26 2022 nrKA_lull-ln rlTV t.11 I� t /T F�zher it Uh ad cry soar ane — �� nro.enead cry S Horbo� - FQ 0/r 6/14/2022 1:23,222 0 0.15 0.3 0.5 N: NC SAV Mosaic 1981 to 2015 — — — — — 0 025 0.5 1km I� Barge Fleeting Expansion Area qua EN, YW US IIfiGS. HG fM54 CGMR. NPedmo4 NLEA6. 115. 05, r11M (wWYaMV�. NN�'M^Wt 65I. OeW, fEW Wemup M k O6 u.w mnmunM $y.2.: Fa1. MEN. Cr'nYn. f/�O. M"M.lI6O6.GQauYwWytvbAba. aM IM GIS IW Canm�nR/ Figure 4. NCDMF SAV Map Port of Morehead City RECEIVED Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 9 JUL 26 2022 nrtnA_neun r.lrV r Ca Gn - rry qo6 Id Clry Crab Point club N k B x +dell 5, Morehead City ¢` Money atand Atlantic Beach Boy 6/14/2022 FNA NCDMF - Fishery Nursery Areas _ Primary Nursery Areas Secondary Nursery Areas Barge Fleeting Expansion Area Michael Smith tot Field Steep Pine Fork >o Beaufort re Morehead 9 Harbor Arm WIRP Mill y Back Sound Figure 26. State -Designated Fish Nursery Areas 1:60,112 0 042 O.a5 1.7 mi 0 0 i .5 1 2km $iai he. Ards D5. USGS. NIA. NRSA, CGIM N P6rsn. NCFAS, MS D5. NNA GrAnasM._ Pwriala ;. GSA 0,a6d. K" 1.11 W.G.—morr-I Santa F#.. HERE, tiril FAO. N6lt ILJF.OopemStaNNap cw NNwx. aM tle GK V V CmmxiN Port of Morehead City RECEIVED Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 JUL 2 6 ZOZZ DCM-MHD CITY References Colden AM, Lipcius RN (2015) Lethal and sublethal effects of sediment burial on the eastern oyster Crassostrea virginica. Mar Ecol Prog Ser 527:105- 117. https://doi.org/10.3354/mepsll244 Kirby -Smith, W.W. and J.D. Costlow. 1989. The Newport River Estuarine System. Duke University Marine Laboratory, Beaufort, NC. Settle, L. 2003. Assessment of potential larval entrainment mortality to hydraulic dredging of Beaufort Inlet. Prepared for USACE-Wilmington District for the Morehead City Harbor Environmental Assessment. May 2003. NOAA/NOS National Centers for Coastal Ocean Science. Stickney, R. 1972. Effects of Intracoastal Waterway Dredging on Ichthyofauna and Benthic Macro- Invertebrates. Technical Report Series. No 72-4. Skidaway Institute of Oceanography, Savannah, GA. July 1972 60 pp. Stickney, R. and D. Perlmutter. 1975. Impact of Intracoastal Waterway maintenance dredging on a mud bottom benthos community. Biol Consery 01/1975; 7(3):211-225. Van Dolah, R.F., D.R. Calder, and D.M. Knott. 1984. Effects of dredging and open -water disposal on benthic macroinverteb rates in a South Carolina estuary. Estuaries 7, 28-37. Van Dolah, R.F., D.R. Calder, D.M. Knott, and M.S. Maclin. 1979. Effects of dredging and unconfined disposal of dredged material on benthic macroinvertebrate communities in Sewee Bay, SC. Marine Resources Center Technical Report 39. Charleston, SC. Welp, T.L., M.W. Tubman, D.A. Wilson, and C.E. Pollock. 2017. Water Injection Dredging. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Wilber, D.H., W. Brostoff, D.G. Clarke, and G.L. Ray. 2005. Sedimentation: Potential biological effects from dredging operations in estuarine and marine environments. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Port of Morehead City RECEIVED Northern Barge Fleeting Expansion 11 JUL 26 2022 and Associates Inc. June 2022 DCM-MHD CITY James Hargrove From: Perry, John M <John.Perry@ncdenr.gov> Sent: Wednesday, July 6, 2022 3:03 PM To: Todd Walton Cc: James Hargrove Subject: RE: Northern Barge Fleeting Area Expansion- Port of Morehead City Thank you Todd. I will be on the lookout for the application in 30 days. John Perry Environmental Specialist II Division of Water Resources Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Office: (910) 796-7341 Cell: (910) 617-9577 From: Todd Walton <todd.walton@ncports.com> Sent: Wednesday, July 6, 2022 2:56 PM To: Perry, John M <John.Perry@ncdenr.gov> Cc: lames Hargrove <jhargrove@dialcordy.com> Subject: Northern Barge Fleeting Area Expansion- Port of Morehead City Good afternoon John, I would like to submit a Pre -filing Notice for the following project: Project Name: Northern Barge Fleeting Area Expansion Project Owner: NC State Ports Authority - Port of Morehead City Project Owner's Address: mailing: PO Box 9002 Wilmington NC 28402. Project address 113 Arendell St, Morehead City NC 28557 Project County: Carteret Type of project/Approval Sought: Dredging/ GP291 Anticipated Impacts: new dredging of ^3 acres on the west side of the existing barge fleeting area. I have attached the project narrative that has drawings and maps within it. Please let me now if any additional information is needed. Thanks, RECEIVED JUL 2 6 Z022 DCM-MHD CITY Todd C. Walton NORTH CAROLINA PORTS Senior Environmental Analyst 910-746-6460 Direct 800-336-2405 Toll Free ncoorts.com Email to and from this address is public record and may be disclosed to authorized third parties. RECEIVED JUL 26 2022 DCM-MHD CITY Gm MP-1 APPLICATION for major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name North Carolina State Ports Authority Project Name (if applicable) Port of Morehead City Northern Barge Fleeting area Applicant 1: First Name Brian MI E Last Name Clark Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box 9002 PO Box city Wilmington State NC ZIP 28402 Country New Hanover Phone No. 910-251-5678 ext. FAX No. Street Address (if different from above) city State ZIP Email 2. Agent/Contractor Information Business Name Dial Cordy And Associates Inc. Agent(Contractor 1: First Name MI Last Name Steve Dial Agent/ Contractor 2: First Name MI Last Name James Hargrove Mailing Address PO Box city State 201 North Front St. Suite 307 Wilmington INC ZIP Phone No. 1 Phone No. 2 28401 910 - 251 - 9790 ext. ext. FAX No. Contractor # Street Address (if different from above) city State ZIP Email sdial@dialoordy.com; jhargrove@dialcordy.com <Form continues on back> REGEIVtU JUL 26 2022 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalQ uon`C.jrfek Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret 113 Arendell Street Subdivision Name city State Zip Morehead City NC 28557 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 726 - 3158 ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Newport Newport River 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 Bogue Sound, Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Morehead City Limits 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.fL) NA 130,680 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) -4 to -14 ft ❑NHW or ®N WL e. Vegetation on tract The proposed dredge footprint contains no SAV according to NCDMF's SAV maps. There is a small fringing marsh that is located adjacent to the Action Area on Marsh Island disposal area; however, it is outside the dredge footprint by —+200 ft. I. Man-made features and uses now on tract The Northern Barge Fleeting area contains a series of six steel pile mooring piles that are currently utilized to secure barges within the fleeting area. The proposed project is directly adjcent to the western edge of the exisiting fleeting area with no current or proposed structures. g. Identify and describe the existing land uses adiacent to the proposed project site. The adjacent lands to the south function as wharfs for the USACE and the NCSPA. The single property owner in relative proximity to the project area is the U.S. Army Corps of Engineers. In an abundance of caution, a notification letter will be sent to the Morehead City Yacht Club; however, this property is not close to the Project Area. The closest adjacent land is Marsh Island which contains one of the dredge material management sites proposed for disposal of the dredged material. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Industrial (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it Involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> JUL 26 2022 252.808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ❑Yes SNo (11) Are there coastal wetlands on the site? []Yes SNo (Ili) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes SNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. All proposed activity is located within the Newport River Estuary/Rogue Sound. o. Describe existing drinking water supply source. The town of Morehead City gets its drinking water from 5 wells around the county. p. Describe existing storm water management or treatment systems. The proposed project would not result in new impervious areas requiring stormwater management and/or treatment systems. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial SPubliclGovemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The North Carolina State Port Authority (NCSPA) at the Port of Morehead City (POMC) is proposing to expand the existing northern barge fleeting area to accommodate an additional 4-6 barges for the growing import iron business. The expansion of the fleeting area is necessary due to the doubling of the business over the last few years. The barges typically consist of 300,000 to 500,000 tons of Direct Reduced Iron (DRI) or crude iron (pig iron) that is transported from the POW to the Nucor Steel Terminal. The barge traffic moves the equivalent of 25,000 truckloads of material each year and is a vital transportation route for NC commerce. The increase in frequency of barge traffic puts an excessive demand on the fleeting areas thus warranting expansion. The existing mooring dolphins are structurally able to support doubling the space by docking barges on the west side of the northern fleeting area and no new moorings structures are being proposed. The daily operations would include staging barges within the fleeting area. Tug boats would be used to position the barges before being moored to the steel piles. Periodic maintenance of the barge fleeting expansion area would be accomplished by the Port -owned water injection dredge. 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. New dredging of approximately 35,000 cy of material would be removed via one hydraulic pipeline (cutterhead) dredges or one mechanical bucket dredge and scow systems within the dredge window of October 1 st to January 31 st and placed on Marsh, Brandt, or the North Radio Island dredge material management areas d. List all development activities you propose. There are no development activities proposed. e. Are the proposed activities maintenance of an existing project, new work, or both? New work for expansion of an existing barge fleeting area. f. What is the approximate total disturbed land area resulting from the proposed project? 3 ❑Sq.Ft or SAcres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes SNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. It is expected a cutterhead dredge will be used and subsequent water and sediment slurry will be pumped into a dredge material disposal site. It is also expected that Marsh Island disposal site will be used for the proposed action. The water associated with the dredge slurry will be decanted through a weir system and discharged back into the waters adjacent to the project area. All previous permit requirements will be adheared to. JUL 26 2022 252.808.2808 .. 1-888-4RCOAST .. www,nccoastaimanagement.net DCM-MHD CITY Form DCM MP-1 (Page 4 of 5) � Y APPLICATION for Major Development Permit i. Will wastewater or stommwaler 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. <Form continues on back> 6. 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) — (f) 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 state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such 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 Army Reserve Phone No. (910) 251-4000 US Army Corps of Engineers Address 69 Darlington Ave Wilmington, NC 28403 Name Morehead City Yacht Basin LLC Phone No. (252) 726-6862 Address 2645 Temples Point Road Havelock, NC 28532 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. NCDEQ Major CAMA 120-13 SAW 2013-01747 SAW 2017-01680 h. Signed consultant or agent authorization form, if applicable. i. Welland 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 understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. ;\: ED 252.808.2808 .. 1-888-4RCOAST .. www.nccoastaimanagement.net AHD CITY Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit Date 7/5/2022 Print Name Brian E Clark_ Signature Z Please indicate application attachments pertaining to your proposed project. SDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED JUL 26 2022 DCIV.-MHD CITY 282-808-2808 :e 9.888-4RCOAST :: www.nccoostaimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 560 Width 415 Avg. Existing -4 to -14 NA NA Depth MLLW Final Project 14 MLLW NA NA Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. It is expected that the proposed project will remove approximately 35,000 cubic yards of course material from the 3 acre footprint. 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. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: The purpose of excavating this area is to expand the existing northern barge fleeting area to aanmadate mooring additional barges. 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. Marsh Island, Brant Island, or Northern Radio Island disposal areas are contenders for the material depending on the available space at Marsh Island. Marsh Island is the closest in proximity and therefore the expected disposal site. c. (I) Do you claim titre to disposal area? ®Yes ❑No ❑NA (it) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any coastal webands/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 [I This section not applicable b. Type of material to be excavated. Unconsolidated fine grained sediment d. High -ground excavation in cubic yards. NA El This section not applicable Dimensions of disposal area. No current demension data is available for the potential disposal sites. d. (I) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA (ii) If yes, where? f. (I) Does the disposal Include any area in the water? []Yes ®No ❑NA (ti) If yes, how much water area is affected? 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 n /�.• .., ,ems ...�... F6rm DCM MP-2 (Excavation and Fill, Page 2 of 3) ❑WL _ ®None (it) Describe the purpose of disposal in these areas: ❑Bulkhead ❑Riprap ❑Breakwater/Sill []Other: Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes []No ❑NA III) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill Riprap Breakwater/Sill Other I. Source of fill material. 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes []No ❑NA b. (1) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (ii) Amount of material to be placed in the water other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (III) Dimensions of fill area ❑CW ❑SAV ❑SB (iv) Purpose of fill ❑WL []None (11) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? The areas proposed for receiving the dredged material are existing disposal sites that have earthen berms to retain sediment. c. (i) Will navigational aids be required as a result of the project? [-]Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? It is anticipated that a hydraulic pipeline (cutterhead) dredge will be used for this project; however, a mechanical dredge could be used and periodic maintenance would be accomplished by the Port -owned water injection dredge. d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ®No []NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 11 11 26 4 99 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 12/26/06 DCM-MHD CITY Date Jv�y '>L , ZozL Project Name Port of Morehead City Northam Barge Fleeting Area Expanson Applicant Name Brian E Clark Applicant Signature RECEIVED JUL 26 Z0N 25Z808.2808 :: 1-888.4RCOAST :: www.necoastalmanagement.net DCM-MHD CITY revised: 12126/06 NORTH CAROLINA PORT l 1_ Certified Mail July 5, 2022 Jeremiah Lee Smith, P.E., PMP Chief, Navigation Branch U.S. Army Corps of Engineers 69 Darlington Ave Wilmington NC 28403 Subject: CAMA Permit Request Notification Barge Fleeting Area Expansion North Carolina State Ports Authority Morehead City, Carteret County Dear Mr. Smith In pursuance of a North Carolina Division of Coastal Management (DCM) Major Permit Modification, the NC State Ports Authority (NCSPA) Port of Morehead City (POMC) is required to notify adjacent riparian property owners to any proposed development. Please find a description of the proposed project below along with the DCM adjacent riparian property owner notification/waiver form and adjacent riparian property owner statement form. Dial Cordy and Associates (DC&A) of behalf of Todd Walton at the NCSPA request that a signed copy of these form be returned to DC&A via email (Ihargrove(&dialcordy.com) or mailed to 201 N. Front St. Ste 307, Wilmington, NC 28401. Additional information in the form of an Essential Fish Habitat and Biological Assessment documents are available upon request. Proposed Action The Proposed Action by the NCSPA at the POMC is proposing to modify the existing Coastal Area Management Act (CAMA) Major Permit 120-13 to expand the current dredge footprint of the northern barge fleeting area. The north barge fleeting area is located in the Newport River at the Port of Morehead City (Port) in Carteret County, North Carolina (NC). The north fleeting area is a temporary mooring facility for loaded barges RECEIVED that are awaiting waterborne transport to inland destinations. Barge fleeting activity at the Port is primarily associated with the transport of JUL 26 2022 imported iron (direct reduced iron and pig iron) to the Hertford Steel plant on the Chowan River in Cofield, NC. Iron imports at the Port have DCM-MHD CITY NORTH CAROLINA POR�`l doubled over the last several years; resulting in increased demand for barge fleeting capacity. The proposed action would expand the north barge fleeting area from 2 to 4 acres, thereby accommodating an additional 4 to 6 loaded barges. Description of the Proposed Action The north barge fleeting area is located in the Newport River -600 feet north of the northeast corner of the Port terminal facility (Figure 1). The existing fleeting area encompasses 2.0 acres along the western margin of the Atlantic Intracoastal Waterway (AIWW). The authorized depth of the existing facility matches that of the AIWW at -14 ft MLLW (12 + 2 ft of over dredge). A series of six steel pile mooring piles are currently installed within the fleeting area. The proposed action would expand the existing facility westward by dredging an additional 2.0 acres of subtidal bottom to a depth of -14 ft MLLW (12 + 2 ft of over dredge) (Figure 2). An additional 1.0 acre of new dredging would be required to construct a transitional 3:1 slope along the western margin of the 2.0-acre expansion area. In total, the proposed action would require 3.0 acres of new dredging and the removal of an estimated 35,000 cy of material. No new mooring structures are proposed, as the existing mooring piles are sufficient to accommodate additional barges in the expansion area. The depth of the expansion area would be maintained through periodic maintenance dredging expected to occur once every 4-5 years. Existing depths in the proposed new dredging area range from -4 to -14 ft MLLW (Figure 3). Construction and maintenance of the barge fleeting expansion area would employ hydraulic pipeline (cutterhead) dredges and/or mechanical bucket dredge and scow systems. Dredged material would be placed in one of the existing Port -owned confined disposal facilities; which include the Marsh Island, Brandt Island, and North Radio Island disposal areas. Disposal operations for cutterhead dredging would involve direct hydraulic delivery to the disposal area via floating and/or submerged pipeline. In the case of mechanical dredging, disposal would involve the transport of dredged material via scow to the disposal area for placement via mechanical means or hydraulic offloading. RECEIVED JUL 26 2022 DCM-MHD CITY 2. NORTH CAROLINA PORTS if O P 0 A Vi 0 EHEA UF Rf BWUE SOUND 'Ni K P4 W L.. 41 Figure 1. Project Location and Proposed Action Area RECEIVED JUL 26 2022 DCm-MHD CITY NORTH CAROLINA PORTS Figure 1 North Barge Fleeting Area G� r RECFIvEB JUl 2 6 2022 A- DGM-MHB CITY NORTH CAROLINA PORTS DI r A-Ar Bathy. .mb c Profile Graph Edsd, BaOrymeay PooMe -7 — Pm ed Batlryneby P1e51e -t -11 3:1 Flopoaetl FleengMe Bitbq Fkebq Ma 12 area -t3 0 w 10n 150 210 2k 350 Distance (feet) B - B' Bathynetric Profile Graph 5 0 5dsgn9 BaNymetr 16 0 50 100 150 200 250 360 Distanee (feet) y Profile -10 -12 Praposetl Baltrymetry Profla 9ape C-Ca Bathynetric Profile Graph 1 5- 0 50 100 150 200 250 300 Distance (leap Free. Loran. — 1a Goat. (MI-I.M.) Fleeting Area Elevation(MLLW) ® Ustlng Fleeting Hem Value ® Proposetl Fleeting Hem _- Hlgh:-2 OPmPosed 3:1 aoPe - W-' Low:-30 m ftl 0 150 300 450 800 Feel Figure 3. Northern Barge Fleeting Expansion Area -Existing and Proposed Bathymetry RECEIVED JUL 2 6 2022 DCM-MHD CITY e. NORTH CAROLINA PORTr- Certified Mail July 5, 2022 Morehead City Yacht Basin 2645 Temples Point Rd Havelock NC 28532 Subject: CAMA Permit Request Notification Barge Fleeting Area Expansion North Carolina State Ports Authority Morehead City, Carteret County Dear Sirs, In pursuance of a North Carolina Division of Coastal Management (DCM) Major Permit Modification, the NC State Ports Authority (NCSPA) Port of Morehead City (POMC) is required to notify adjacent riparian property owners to any proposed development. Please find a description of the proposed project below along with the DCM adjacent riparian property owner notification/waiver form and adjacent riparian property owner statement form. Dial Cordy and Associates (DC&A) of behalf of Todd Walton at the NCSPA request that a signed copy of these form be returned to DC&A via email (Ihargrove(u�dialcordy.com) or mailed to Dial Cordy and Associates Inc. 201 N. Front St. Ste 307, Wilmington, NC 28401. Proposed Action The Proposed Action by the NCSPA at the POMC is proposing to modify the existing Coastal Area Management Act (CAMA) Major Permit 120-13 to expand the current dredge footprint of the northern barge fleeting area. The north barge fleeting area is located in the Newport River at the Port of Morehead City (Port) in Carteret County, North Carolina (NC). The north fleeting area is a temporary mooring facility for loaded barges that are awaiting waterborne transport to inland destinations. Barge fleeting activity at the Port is primarily associated with the transport of imported iron (direct reduced iron and pig iron) to the Hertford Steel plant on the Chowan River in Cofield, NC. Iron imports at the Port have doubled over the last several years; resulting in increased demand for barge fleeting RECEIVED capacity. The proposed action would expand the north barge fleeting area from 2 to 4 acres, thereby accommodating an additional 4 to 6 loaded JUL 26 2022 barges. DCM-MHD CITY NORTH CAROLINA P0RTSf Z_ Description of the Proposed Action The north barge fleeting area is located in the Newport River -600 feet north of the northeast corner of the Port terminal facility (Figure 1). The existing fleeting area encompasses 2.0 acres along the western margin of the Atlantic Intracoastal Waterway (AIWW). The authorized depth of the existing facility matches that of the AIWW at -14 ft MLLW (12 + 2 ft of over dredge). A series of six steel pile mooring piles are currently installed within the fleeting area. The proposed action would expand the existing facility westward by dredging an additional 2.0 acres of subtidal bottom to a depth of -14 ft MLLW (12 + 2 ft of over dredge) (Figure 2). An additional 1.0 acre of new dredging would be required to construct a transitional 3:1 slope along the western margin of the 2.0-acre expansion area. In total, the proposed action would require 3.0 acres of new dredging and the removal of an estimated 35,000 cy of material. No new mooring structures are proposed, as the existing mooring piles are sufficient to accommodate additional barges in the expansion area. The depth of the expansion area would be maintained through periodic maintenance dredging expected to occur once every 4-5 years. Existing depths in the proposed new dredging area range from -4 to -14 ft MLLW (Figure 3). Construction and maintenance of the barge fleeting expansion area would employ hydraulic pipeline (cutterhead) dredges and/or mechanical bucket dredge and scow systems. Dredged material would be placed in one of the existing Port - owned confined disposal facilities; which include the Marsh Island, Brandt Island, and North Radio Island disposal areas. Disposal operations for cutterhead dredging would involve direct hydraulic delivery to the disposal area via floating and/or submerged pipeline. In the case of mechanical dredging, disposal would involve the transport of dredged material via scow to the disposal area for placement via mechanical means or hydraulic offloading. RECEIVED JUL 2 6 2022 DCM-MHD CITY 2. NORTH CAROLINA PORTS ROGUE SOUND n Pm1ec[Locatlon < r I C WI® a u a O u Y R »C I u 1 a a a •eO�J� zz .1 a �` '3 :am e -i _ n.-3"'.. - Figure 1, Project Location and Proposed Action Area RECEIVED JUL 26 2022 3. DCM-MHD CITY NORTH CAROLINA PORTS Marsh Wand Disposal Area 44-ft Fleeting Area -14-ft Expansion Area 3:1 slope Figure 1. North Barge Fleeting Area Expansion Layout RECEIVED JUL 2 6 2022 DCM-MHD CITY 4. NORTH CAROLINA PORTS 7 A - A' Bathyrretric Prole Graph F Flisdng Bathyrretry Refire _7 Proposed 13a6rynmtry Profile _ -10 11 21 AgroseO FkcbgMa Fs'aMg Flee0n9Am 12 Area -13 0 QD im 150 A 290 30D Dstarioe(feet) Legend Profile Location — 1R Centaur(MLLW) Braga Fl eeting Area Elevation(MLLW) ® Existing Reefing Arm Value ® Proposed Reefing Arne - High:-2 0 Proposed 3:1 Slope Lew:-30 _g ristin9 BalhymCry Proge 10 12 Batlrymetry Profile W�� 14 18 Etimng Fleeting Nee B - B' Bathyrnetric Profile Graph Existing Betrlymetry Profile -10 Proposed Bathymetry Profile 12 -14 9ePe Pmyseinemr,, m [yste, Fltteng Mee Ma 0 50 10a 160 250 250 360 Distance (feet) G-C BathyrtMric Profile Graph q w 100 1k 200 2M 300 Distance (feet) e 0 150 900 450 800 Feet Figure 3. Northern Barge Fleeting Expansion Area -Existing and Proposed Bathymetry RECEIVED JUL 26 2022 DCM-MHD CITY s. NORTH CAROLINA PORTS�- Figure 1. North Barge Fleeting Area Expansion Layout RECEIVED JUL 26 2022 DCM-MHD CITY a. ESSENTIAL FISH HABITAT ASSESSMENT NORTH BARGE FLEETING AREA EXPANSION PORT OF MOREHEAD CITY 5 July 2022 Prepared for: North Carolina State Ports Authority PO Box 9002 Wilmington, North Carolina 28402 Prepared by: Dial Cordy and Associates Inc. 201 North Front Street, Suite 307 Wilmington, North Carolina 2 8401 DIAL CORUY 0 AN]) ASSOCIA'I'HS IN('. ru. RECEIVED JUL 2 6 2022 DCM-MHD CITY TABLE OF CONTENTS Page 1.0 INTRODUCTION..............................................................................................................1 2.0 LOCATION AND DESCRIPTION OF THE PROPOSED ACTION....................................1 3.0 DESCRIPTION OF THE ACTION AREA..........................................................................6 4.0 Essential Fish Habitat and Managed fisheries IN THE ACTION AREA .............................7 4.1 Federally Managed Species.........................................................................................8 4.1.1 Peneaid Shrimp.....................................................................................................8 4.1.2 Snapper -Grouper Complex....................................................................................8 4.1.3 Summer Flounder..................................................................................................9 4.1.4 Coastal Migratory Pelagics....................................................................................9 4.1.5 Bluefish................................................................................................................10 4.1.6 Smooth Dogfish...................................................................................................10 4.2 EFH and HAPC..........................................................................................................11 4.2.1 Estuarine Water Column......................................................................................11 4.2.2 Unconsolidated Bottom........................................................................................11 4.2.3 Oyster Reefs and Shell Banks.............................................................................11 4.2.4 Submerged Aquatic Vegetation...........................................................................12 4.2.5 Estuarine Emergent Wetlands (Tidal Marsh)........................................................12 4.2.6 State -Designated Fish Nursery Areas..................................................................12 5.0 EFFECTS OF THE PROPOSED ACTION ON EFH AND MANAGED SPECIES ............ 17 5.1 Estuarine Water Column.............................................................................................17 5.1.1 Sediment Suspension and Turbidity....................................................................17 5.1.2 Larval Entrainment...............................................................................................18 5.2 Unconsolidated Bottom...............................................................................................18 5.3 Oyster Reefs and Shell Banks....................................................................................19 5.4 Submerged Aquatic Vegetation(SAV)........................................................................19 5.5 Estuarine Emergent Wetlands (Tidal Marsh)...............................................................20 6.0 CONSERVATION MEASURES......................................................................................20 7.0 REFERENCES...............................................................................................................21 Essential Fish Habitat Assessment RECEIVEIMal Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 JUL 2 6 20ZZ DCM-MHn rtTV LIST OF TABLES Page Table 1. EFH and HAPC in the vicinity of the action area...........................................................7 Table 2. Penaeid shrimp salinity requirements and recruitment periods (NCDEQ 2016).............8 LIST OF FIGURES Page Figure 1. Proposed Action Location Map...................................................................................3 Figure 2. North Barge Fleeting Area Expansion Layout.............................................................4 Figure 3. North Barge Fleeting Expansion Area - Existing and Proposed Bathymetry ................5 Figure 4. NCDMF Shell Bottom Map........................................................................................14 Figure5. NCDMF SAV Map.....................................................................................................15 Figure 6. State -Designated Fish Nursery Areas.......................................................................16 Essential Fish Habitat Assessment RECEIVED Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 iii JUL 2 6 2022 nrM-MHD CITY LIST OF ACRONYMS °C Degrees Centigrade AIWW Atlantic Intracoastal Waterway ASMFC Atlantic States Marine Fisheries Commission CDF Confined Disposal Facility CPE Coastal Planning & Engineering, Inc. CWA Clean Water Act CY Cubic Yards DA Department of the Army DMMP Dredged Material Management Plan EFH Essential Fish Habitat FT Feet HAPC Habitat Areas of Particular Concern M Meters MAFMC Mid -Atlantic Fishery Management Council MCH Morehead City Harbor MSFCMA Magnuson -Stevens Fishery Conservation and Management Act NC North Carolina NCAC North Carolina Administrative Code NCDEQ North Carolina Department of Environmental Quality NCDMF North Carolina Division of Marine Fisheries NEFSC Northeast Fisheries Science Center NMFS National Marine Fisheries Service NOAA National Oceanic and Atmospheric Administration NTU Nephelometric Turbidity Units PNA Primary Nursery Area PPT Parts Per Thousand RHA Rivers and Harbors Act SAFMC South Atlantic Fishery Management Council SAV Submerged Aquatic Vegetation SNA Secondary Nursery Areas TSS Total Suspended Solids USACE United States Army Corps of Engineers USC United States Code WID Water Injection Dredging Essential Fish Habitat Assessment RECEIVED Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 iv JUL 26 2M DCM-MHD PITY 1.0 INTRODUCTION This Essential Fish Habitat (EFH) Assessment has been prepared in accordance with the Magnuson -Stevens Fishery Conservation and Management Act (MSFCMA) to address the effects of proposed new dredging work at the Port of Morehead City on EFH and federally managed fisheries. The North Carolina State Ports Authority (NCSPA) has requested Department of the Army (DA) authorization pursuant to Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act (RHA) to expand the existing north barge fleeting area in the Newport River at the Port of Morehead City (Port) in Carteret County, North Carolina (NC). The north fleeting area is a temporary mooring facility for loaded barges that are awaiting waterborne transport to inland destinations. Barge fleeting activity at the Port is primarily associated with the transport of imported iron (direct reduced iron and pig iron) to the Hertford Steel plant on the Chowan River in Cofield, NC. Iron imports at the Port have doubled over the last several years; resulting in increased demand for barge fleeting capacity. The proposed action would expand the north barge fleeting area from 2 to 4 acres, thereby accommodating an additional 4 to 6 loaded barges. 2.0 LOCATION AND DESCRIPTION OF THE PROPOSED ACTION The north barge fleeting area is located in the Newport River -600 feet north of the northeast corner of the Port terminal facility (Figure 1). The existing fleeting area encompasses 2.0 acres along the western margin of the Atlantic Intracoastal Waterway (AIWW). The authorized depth of the existing facility matches that of the AIWW at -14 ft MLLW (12 + 2 ft of over dredge). A series of six steel pile mooring piles are currently installed within the fleeting area. The proposed action would expand the existing facility westward by dredging an additional 2.0 acres of subtidal bottom to a depth of -14 ft MLLW (12 + 2 ft of over dredge) (Figure 2). An additional 1.0 acre of new dredging would be required to construct a transitional 3:1 slope along the western margin of the 2.0-acre expansion area. In total, the proposed action would require 3.0 acres of new dredging and the removal of an estimated 35,000 cy of material. No new mooring structures are proposed, as the existing mooring piles are sufficient to accommodate additional barges in the expansion area. The depth of the expansion area would be maintained through periodic maintenance dredging every 2 to 5 years. Existing depths in the proposed new dredging area range from -4 to -14 ft MLLW (Figure 3). The sediments to be removed from the new dredging area are part of a uniform fine sand to silty fine sand layer that extends from the surface to a depth of -45-ft MLLW (Catlin Engineers 2013). Construction of the barge fleeting expansion area would employ a hydraulic pipeline (cutterhead) dredge and/or a mechanical bucket dredge and scow system. Construction dredged material would be placed in one of the existing Port -owned confined disposal facilities; which include the Marsh Island, Brandt Island, and North Radio Island disposal areas. Construction disposal operations for cutterhead dredging would involve direct hydraulic delivery to the disposal area via floating and/or submerged pipeline. In the case of mechanical dredging, disposal would involve the transport of dredged material via scow to the disposal area for placement via mechanical means or hydraulic offloading. Periodic maintenance of the barge fleeting expansion area would be accomplished by the Port -owned water injection dredge. Water Essential Fish Habitat Assessment RECEIVED Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 1 JUL 26 2022 DCM-MHD CITY injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment -water mixture known as a density current that flows along the bottom via gravity to deeper areas. A pipe manifold with a series of water injection nozzles is used to inject water into the sediment bed. The use of water injection dredging for maintenance of the Port's existing berths, fleeting areas, and turning basins is currently authorized under the Port's existing CAMA Major Permit. Essential Fish Habitat Assessment RECEIVEDDial Gordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 2 JUL 26 2022 DCM-MHD CITY P 04 T �� ���a�ay�1469 �V t' pawo,•n Y W r.....___ U nRFHF♦ c� fIn C7� < LMatWII • \ r �O v W � , 0 y (} Z �• s j m j-, THI MLA• Nejge. �vu e� b qu••eH —\ unpof fuA r Ipi. • �a r a '.: ee;l ix �..Nl a C r 4. A flM,Ymf' `e Y a Y A 1 ���• ® s Y W x�`.. • O r 11 n �a lllx �`� f�J m A fl W yy � Irfl)Y4 • llllir 4 M r N H tl a f\ •f� ���yyyyya •' rl \ •? • r so a, r a Pu mw r eFSrpCJfa Aan • raa a r • •f 0 � W Roanvarmrmev a • • '° 'Jt oe /foe i`�_'' r �� m Figure 1. Proposed Action Location Map Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion RECEIVED Dial 3 JUL 2 6 2022 nrr,A_eeun riry and Associates Inc. July 2022 Figure 2. North Barge Fleeting Area Expansion Layout Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion RECEIVED Dial Cordy and Associates Inc. July 2022 JUL 26 2022 DCM-MHn CITV I�f 49 Y P1 d — Profile Location 1ft Comour(MLLWj Barge Fleeting Area Elevation (MLLW) ® Usting Heating Area Value ® Proposed neetingArea - High:-2 ® Proposed 3:1 Slope Low '.-30 A -A Bathytretric Profile Graph - EAsti g Bath) _7 _ - Proposed Sathynetry I iU 11 12 13 31 Repneed Fleeting Area edstig Fleetin — A"a 0 50 10D 150 200 Dstance (feet) B - B' Ba thynetric Profile Graph E>o#.g Both 10 Proposed Bathyrretr 12 14 1R awe Prapased FleiebMArea Ewsting Flee Area 0 50 100 150 200 Distance (feet C - C' Ba#W etrlc Profile Graph I -6 _g — EdsEng BathrWry Prow 10 Proposed Bethyroetry Prone 12 3:1 14 Slope rear F)vpostlFleetirg Nee 6d50rg Fleeting Area 16 0 50 1& 150 200 250 300 Distance (feet) e 0 150 300 450 600 Feet Figure 3. North Barge Fleeting Expansion Area - Existing and Proposed Bathymetry Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion RECEIVE P" Cordy and Associates Inc. July 2022 5 JUL 2 6 2022 r)rRA-noun rlTV 3.0 DESCRIPTION OF THE ACTION AREA The north barge fleeting area is located —3 miles from the Atlantic Ocean in the lower Newport River Estuary between Morehead City and Beaufort in Carteret County, NC. The lower Newport River Estuary is a shallow, tidally -controlled system with an average depth of —3 feet MLLW. Mean tidal range in the lower estuary is 3.1 feet, and salinities approach those of seawater (34 ppt) (Kirby -Smith and Costlow 1989). The proposed new dredging area is located between the AIWW federal navigation channel and the Marsh Island disposal area. The AIWW navigation channel is maintained at a width of 250 feet and depth of 12 + 2 ft MLLW. The Marsh Island disposal area consists of diked uplands that are partially surrounded by unconfined tidal saltmarsh. Benthic habitats within the proposed new dredging area consist of sandy unconsolidated bottom. The surrounding Newport River Estuary contains a complex assemblage of intertidal and shallow subtidal estuarine habitats; including sandy shoals, shellfish beds, submerged aquatic vegetation (SAV) beds, and tidal saltmarsh. Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion Dial Cordy and Associates Inc. July 2022 6 JUL 2 6 2022 DCM-MHD CITY 4.0 ESSENTIAL FISH HABITAT AND MANAGED FISHERIES IN THE ACTION AREA The action area encompasses marine and estuarine habitats that are designated as EFH and/or Habitat Areas of Particular Concern (HAPCs) in Fishery Management Plans (FMPs) developed by the South Atlantic Fisheries Management Council (SAFMC), Mid -Atlantic Fishery Management Council (MAFMC), and/or the National Marine Fisheries Service (NMFS) (Table 1). The MSFCMA defines EFH as "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity." HAPCs comprise a more specific subset of EFH that are considered to be especially critical due to factors such as rarity, susceptibility to human -induced degradation, and/or high ecological importance. Federally managed species and associated EFH/HAPCs that occur in the vicinity of the action area are described in the sections below. Table 1. EFH and HAPC in the vicinity of the action area. SPECIES/GROUP EFH/HAPC SAFMC EFH Tidal Estuarine Emergent Wetlands Penaeid Shrimp Submerged Aquatic Vegetation Subtidal/Intertidal Non -vegetated Flats Tidal Estuarine Emergent Wetlands Tidal Creeks Snapper -Grouper Submerged Aquatic Vegetation Oyster Reefs and Shell Banks Unconsolidated Bottom Coastal Migratory Pelagics Primary Nursery Areas Coastal Inlets SAFMC HAPC Penaeid Shrimp Primary Nursery Areas Coastal Inlets Primary Nursery Areas Snapper -Grouper Submerged Aquatic Vegetation Oyster Reefs and Shell Banks Coastal Inlets Coastal Migratory Pelagics Coastal Inlets High Salinity Estuaries (Bogue Sound) MAFMC EFH Summer Flounder Estuaries with salinities >0.5 ppt Bluefish Estuaries Atlantic Butterfish Inshore pelagic habitats MAFMC HAPC Summer Flounder Submerged Aquatic Vegetation NMFS EFH Highly Migratory Species (Smooth Dogfish) Estuaries Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion RECEIVED Dial Cordy and Associates Inc. July 2022 JUL 26 2022 4.1 Federally Managed Species 4.1.1 Peneaid Shrimp Federally managed penaeid shrimp in NC include brown shrimp (Farfantepenaeus aztecus), pink shrimp (F. duorarum), and white shrimp (Litopenaeus setiferus). Adults spawn offshore in high salinity oceanic waters during the winter or spring, and the ocean -spawned larvae and post -larvae are transported by currents to inshore estuarine nursery habitats where they maintain a benthic existence (SAFMC 1981). Larval and post -larval estuarine recruitment periods vary among the three species (Table 2). Penaeid shrimp tolerate a wide range of salinities (Table 2) and are most abundant in shallow mud -silt habitats where they congregate at the highly productive marsh -water interface. As their size increases, shrimp move toward higher -salinity ocean waters, eventually migrating offshore in the fall. The action area encompasses habitats that are designated as EFH and HAPCs for all life stages of penaeid shrimp; including estuarine tidal marshes, subtidal and intertidal non -vegetated flats, coastal inlets, submerged aquatic vegetation (SAV), and state designated Primary Nursery Areas (PNAs) and Secondary Nursery Areas (SNAs). Table 2. Penaeid shrimp salinity requirements and recruitment periods (NCDEQ 2016). Species Salinity (ppt) Juvenile Recruitment Brown Shrimp 2-35 February - March Pink Shrimp 0-35 June - October White Shrimp 2-35 April - May 4.1.2 Snapper -Grouper Complex The snapper -grouper complex is an assemblage of 59 species that share a common association with hardbottom or reef habitats during part of their life cycle. Snappers (Lutjanidae), groupers (Serranidae), porgies (Sparidae), and grunts (Haemulidae) generally inhabit offshore reef and hardbottom habitats; whereas, nearshore ocean hardbottoms along the NC coast have cooler temperatures and a fish community dominated primarily by black sea bass (Centropristis striata), scup (Stenotomus chrysops), and associated temperate species (Sedberry and Van Dolah 1984). Most snapper -grouper species are associated with offshore reef and hardbottom habitats throughout their life cycle; however, a few species such as black sea bass, gag (Mycteroperca microlepis), gray snapper (Lutjanus griseus), and lane snapper (L. synagris) use estuarine nursery habitats for juvenile development (SAFMC 1998, NCDMF 2006). Juveniles of these estuarine -dependent species emigrate from the estuary to nearshore hardbottom habitats in the Essential Fish Habitat Assessment RECEIVEDDial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 a JUL 26 2022 _......Aun (^ITY fall, and eventually move to offshore reef and hardbottom habitats. Moser at W. (1999) reported that juvenile gag, red grouper, and black grouper recruited to the lower Newport River Estuary and Bogue Sound from mid -April to early June and remained through early November. Juveniles were found only in polyhaline habitats near inlets, initially occupying SAV beds for 3-4 months before moving to complex structural habitats such as estuarine jetties. Caridean shrimp comprised 51% of the total food volume consumed, with Penaeid shrimp and fish contributing 21% and 16% of the total volume, respectively. Amphipods and copepods were frequently consumed, but comprised only a small percentage of the overall volume. The action area encompasses habitats that are designated as EFH and HAPCs for the juvenile life stages of estuarine -dependent snapper -grouper species; including estuarine tidal marsh, tidal creeks, unconsolidated bottom, SAV, oyster reefs, and state -designated PNAs and SNAs. 4.1.3 Summer Flounder The geographic range of the summer flounder (Paralichthys dentatus) includes shallow estuaries and outer continental shelf waters along the Atlantic Coast from Nova Scotia to Florida (Packer at al. 1999). Adult summer flounder exhibit strong seasonal inshore -offshore movements; concentrating in estuaries and sounds from late spring through early fall before migrating offshore to the outer continental shelf where spawning occurs during the fall and early winter. Larvae and post larvae recruit to estuarine nursery habitats from October to May and eventually settle to the bottom and bury into the sediment where development to the juvenile life stage is completed. Late larval and juvenile flounder actively prey on crustaceans, copepods, and polychaetes (NEFSC 1999). Juveniles prefer sandy shell substrates; but also inhabit marsh creeks, mud flats, and seagrass beds. Juveniles often remain in North Carolina estuaries for 18 to 20 months. Adults prefer sandy substrates, but also use seagrass beds, tidal marsh creeks, and sand flats (ASFMC 2011 c and d, NEFSC 1999). The action area encompasses habitats that are designated as EFH and HAPCs for larval, juvenile, and adult summer flounder; including estuarine waters with salinities >0.5 ppt and SAV. 4.1.4 Coastal Migratory Pelagics The coastal migratory pelagics management unit includes Spanish mackerel (Scomberomorus. maculates), king mackerel (S. cavalla), and cobia (Rachycentron canadum). Adult Spanish mackerel spawn in groups over the inner continental shelf; beginning in April off the Carolinas. Larvae are most commonly found in nearshore ocean waters at shallow depths less than 30 ft. Most juveniles remain in nearshore ocean waters, but some use high salinity estuaries (e.g., Bogue Sound) as nursery habitats. Adult Spanish mackerel spend most of their lives in the open ocean but are also found in tidal estuaries and coastal waters (ASMFC 2011 a, 2011 b, Mercer at al. 1990). King mackerel are primarily a coastal species, with smaller individuals of similar size forming schools over reefs and areas of bottom relief, and larger solitary individuals preferring anthropogenic structures and wrecks. Cobia are found over the continental shelf and in high salinity estuaries; preferring waters in the vicinity of reefs and artificial structures such as pilings and buoys. Cobia spawning along NC occurs primarily in offshore ocean waters during May and Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion ECEIVEDial Cordy and Associates Inc. July 2022 g JUL 26 20%:2 DCM-MHD CITY June; however, spawning has also been observed in estuaries and shallow bays, with the young moving offshore soon after hatching (SAFMC 1983 and 2011). In Bogue Sound, Spanish mackerel and cobia larvae are common in the seawater (>25 ppt) salinity zone, while adults and juveniles are abundant to common in both the seawater and mixing (0.5-25 ppt) zones (Nelson et al 1991). The action area encompasses habitats that are designated as EFH and HAPCs for coastal migratory pelagics; including high salinity estuaries, coastal inlets, SAV, and state - designated PNAs and SNAs. 4.1.5 Bluefish The bluefish (Pomatomus saltatrix) is a migratory, pelagic species found in temperate and semi- tropical continental shelf waters around the world with the exception of the north and central Pacific. In North America, bluefish range from Nova Scotia to Florida in the Atlantic Ocean and from Florida to Texas in the Gulf of Mexico. Spawning in the South Atlantic Bight occurs near the shoreward edge of the Gulf Stream primarily during April and May. Larval development occurs in the upper water column over the outer continental shelf, with transitional pelagic juveniles eventually moving to nearshore ocean and estuarine waters that serve as the principal nursery habitats for juvenile development (Kendall and Walford 1979). Estuarine juveniles are most commonly associated with sandy unconsolidated bottom habitats; but also use mud/silt bottom, SAV, marine macroalgae, oyster reefs, and tidal marshes (Shepherd and Packer 2006). Juveniles are common in high salinity estuaries along the southern NC coast during summer and fall, where they are usually associated with salinities of 23 to 33 ppt; however, juveniles are found at salinities as low as 3 ppt (Fahay et al. 1999). Designated inshore EFH for juvenile and adult bluefish along the southern NC coast includes estuaries below MHW. 4.1.6 Smooth Dogfish The smooth dogfish (Mustelus canis) is a small, migratory, demersal shark species of inshore and continental shelf waters from Massachusetts to northern Argentina in the Atlantic Ocean. The species is viviparous, with pupping occurring in estuarine waters from Virginia to Massachusetts (McCandless et al. 2007). Pups are born during spring and summer, and juveniles remain in estuarine nursery areas until fall. Larger juveniles occupy deeper estuarine waters before joining adults on the continental shelf. Juveniles in estuarine nursey areas prey on polychaetes, decapod shrimp, crabs, bivalves, and small estuarine fish (Able and Fahay 2010). Adults undertake seasonal migrations between inshore pupping grounds and offshore wintering grounds on the on the outer continental shelf (Branstetter 2002; Able and Fahay 2010). Adults migrate inshore during the spring when water temperatures reach 6 to 7 °C, and move offshore during the early fall as water temperatures decrease (Compagno 1984). Inshore estuarine waters in the vicinity of the action area are designated as EFH for all life stages of the smooth dogfish. Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion Cordy and Associates Inc. July 2022 10 JUL 2 6 2022 DCM-MHD CITY 4.2 EFH and HAPC 4.2.1 Estuarine Water Column The north barge fleeting area is located -3 miles from the Atlantic Ocean in the lowermost polyhaline reach of the Newport River Estuary. Just below the fleeting area, the estuary converges with Bogue Sound, Back Sound, and Beaufort Inlet. Beaufort Inlet extends -2.5 miles from the Port of Morehead City to the Atlantic Ocean. Beaufort Inlet is an important transport corridor for the planktonic eggs and larvae of estuarine -dependent fishes and invertebrates that spawn offshore as adults and reside in estuarine nursery areas during juvenile development. Successful recruitment of ocean -spawned planktonic larvae to estuarine nursery areas is dependent on passive ocean -to -sound transport through a relatively small number of narrow tidal inlets. Larvae spawned offshore are transported shoreward by the prevailing currents, eventually accumulating in the nearshore ocean zone where they are picked up by long -shore currents and transported to inlets (Churchill et al. 1999). Temporal patterns of larval transport through Beaufort Inlet were described by Hettler and Chester (1990). Overall larval densities within the inlet were highest from late May to early June and lowest in November. Species richness was also highest (32 taxa) from late May to early June and lowest (3 taxa) in November. 4.2.2 Unconsolidated Bottom Intertidal and shallow subtidal unconsolidated bottom habitats provide abundant food resources for estuarine -dependent juveniles in an environment that is relatively inaccessible to large predators via shallow depths (SAFMC 1998). Shallow unconsolidated bottom habitats support highly productive benthic microalgal communities. Benthic microagal primary production, along with imported primary production in the form of phytoplankton and detritus, supports highly productive benthic infaunal invertebrate communities that comprise the prey base for most estuarine -dependent demersal fishes; including summer flounder and estuarine -dependent species of the snapper -grouper complex. Penaeid shrimp are most abundant in shallow unconsolidated bottom habitats at the highly productive shallow bottom -marsh interface (NCDEQ 2016). Unconsolidated bottom habitats consisting of fine sand to silty fine sand comprise all of the benthic habitat within the proposed new dredging area (Catlin Engineers 2013). 4.2.3 Oyster Reefs and Shell Banks Shell bottom habitats include oyster reefs, aggregations of non -reef building shellfish species [e.g., clams and scallops (Argopecten irradians, A. gibbus)], and surface concentrations of broken shells (shell hash). Oysters are the dominant reef -building species of estuarine shell bottom habitats in NC. Non -reef building shellfish species that occur at densities sufficient to provide structural habitat for other organisms include scallops, pen shells (Atrina seratta, A. rigida), and rangia clams (Rangia cuneata) (SAFMC 2009). Shell bottom habitats function as important nursery and foraging areas for estuarine -dependent juveniles. Shell bottom structure provides refuge from predation and concentrates macroinvertebrates that comprise the prey base for many Essential Fish Habitat Assessment RECEIVED Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 11 JUL 26 2022 estuarine -dependent juvenile fishes (NCDEQ 2016). NCDMF benthic habitat maps depict a narrow linear zone of shell bottom habitat -300 feet west of the proposed new dredging area along the shoreline of Marsh Island (Figure 4). Additional mapped shell bottom habitats are distributed throughout the surrounding Newport River Estuary. 4.2.4 Submerged Aquatic Vegetation Submerged Aquatic Vegetation (SAV) in NC estuaries encompasses a number of bed -forming rooted aquatic vascular plants (NCDEQ 2016). SAV beds occur on subtidal and occasionally intertidal sediments in sheltered estuarine waters. Environmental requirements include unconsolidated sediments for root and rhizome development, adequate light reaching the bottom, and moderate to negligible current velocities (Thayer et al. 1984, Ferguson and Wood 1994). SAV beds provide important structural fish habitat and perform important ecological functions such as primary production, sediment and shoreline stabilization, and nutrient cycling (NCDEQ 2016). SAV habitats are important nursery areas for the juveniles of estuarine -dependent species; including species of the snapper -grouper complex, bluefish, summer flounder, and penaeid shrimp. NCDMF SAV maps do not identify any SAV within or immediately adjacent to the proposed new dredging area (Figure 5). Small patches of SAV are identified along the western shoreline of Marsh Island opposite the proposed dredging area. Additional mapped SAV habitats are distributed throughout the surrounding Newport River Estuary. 4.2.5 Estuarine Emergent Wetlands (Tidal Marsh) Along with shallow unconsolidated bottom areas, salt and brackish marshes along the NC coast function as important nursery habitats for federally managed species such as summer flounder, penaeid shrimp, and estuarine dependent species of the snapper -grouper complex. Penaeid shrimp are considered critically linked to marsh edge habitat (SAFMC 1998). The majority of the state designated fish nursery areas in NC encompass shallow soft bottom areas and associated fringing tidal marshes (NCDEQ 2016). Tidal marshes in the lower polyhaline Newport River Estuary are dominated by monospecific zones of smooth cordgrass (Spartina alterniflora) and black needlerush (Juncus romerianus). No tidal marshes are present within the proposed new dredging area. The nearest tidal marshes are located -300 feet west of the proposed dredging footprint along the shoreline of Marsh Island. The tidal marsh along the eastern shoreline of Marsh Island consists of an approximately 400-ft-wide zone of smooth cordgrass. 4.2.6 State -Designated Fish Nursery Areas Primary Nursery Areas (PNAs) are defined as "those areas in the estuarine system where initial post -larval development takes place" [15 North Carolina Administrative Code (NCAC) 31 .0101(b)(20)(E)]. PNAs support uniform populations of very early juveniles and are typically located in the upper reaches of the estuarine system. Secondary Nursery Areas (SNAs) are Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion Dial Cordy and Associates Inc. RECEIVED July 2022 12 JUL 2 6 2022 defined as "those areas in the estuarine system where later juvenile development takes place." Secondary Nursery Areas support uniform populations of developing subadults that have moved from PNAs to the lower portions of the estuarine system. For most estuarine -dependent species, larval settlement occurs in the uppermost reaches of shallow tidal creek systems (Weinstein 1979, Ross and Epperly 1985). The abundance of juveniles in estuarine nursery areas generally peaks between April and July (Ross and Epperly 1985). PNAs and SNAs are designated as HAPC for shrimp, coastal migratory pelagics, and estuarine dependent species of the snapper -grouper complex. Designated PNAs that are nearest to the proposed new dredging area are located —1.3 miles to the northwest in small tributaries of the Newport River (Calico Creek and Crab Point Bay) (Figure 6). The nearest additional PNAs and SNAs are located in the Newport River —4 miles upstream of the proposed new dredging area. Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion RECEIVED Dial Cordy and Associates Inc. July 2022 13 JUL 26 2022 ,,, t, forehead City ,n sr L _ ,� T Rsher St �— m. wesc r� suq Goat Morehead City my Hobo, door OF Barge Fleeting Exi anion Area DMF Shell Bottom Habitat - Shell Bottom _ S - Intertidal Firm Non -vegetated Shell C - Sublidal Soft Non -vegetated Shell — U - Inlenklal HaM Vegetated Shall G- Sublidal Fnm Non -vegetated Shell - K- Sulrtidel Herd Non -vegetated Shell - O- Intertidal Firm Vegetated Shell Figure 4. NCDMF Shell Bottom Map Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion H„y ra aadio t, Gh 123,222 0 0.15 0.3 0.6 ml 0 0.25 0.5 1 km Sau—, Evl.a•ds Da. USGS. M NA4.l CGIM. N W.Mam. NCEAS. Nis. os. xNI. me.usM.l..�. rM IiIiIL Gas. arl.m. FE" Memiy wtl tl�e GIS uur unmFiy, $wms' EW. IEFlE. Gsisn. FW. NPyh VSGS, OUpn5tae1Mpm4bbF.WM GIs U Cdnm RECEIVED Dial Cordy and Associates Inc. July 2022 14 JUL 2 6 2022 rims aA..w _.— 6114/2M 1:23. 22 NC SAV Mosaic 1981 to 2015 Barge Fleeting Expansion Area Figure 5. NCDMF SAV Map 0 0.1! 0.3 0.60 0 0.25 0.5 ,1 km so,.vs. Fr.44. os uws vn wsa ccun v awY�.., xrE�s. ns. os. •u. tmen..Me.w�. nYm+'+�w.b�i ov c.We. FEw, Ir}..up W N OIb ww mn�mHry Sarta- Fan HEFE. frmin f10 IgM.lA44. C(b�6YMMgan�OiYx.. am T. fJ611r [m^.DIY Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 15 JUL 26 2022 DCM-MHD CITY o` n eb 4 I I nt l Village 0 V c' � ry pob d City Ctab Poini club N it it B It O Michael Smith t 1 St la Pin dFu st Fork Morehead City m fth�h Baaulort ce fereheed .,, r o .. 'Buck Sound Money Island - A Atlantic Beach Bay I 6/14/2022 1:60,112 0 0.42 0.85 1.7 rid FNA NCDMF - Fishery Nursery Areas 0 0.5 1 2km Primary Nursery Areas Secondary Nursery Areas Sam�. E... D5. USGS. XOM1 iMSA CoIM. M RWnn, HCFAS Barge Fleeting Expansion Area M_a Ca. aM. oicidi ,aan "r`"" . GSA Gail Mlilk Inemup W a. GM am mnnMy. Sci m Esn. WM:. Gamin FMl lgt1.LLSfS is pnsihl~�wtl an cis Vsw Camurey Figure 6. State -Designated Fish Nursery Areas Essential Fish Habitat Assessment KI Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 16 JUL 2 6 2022 DCM-MHD Ciro 5.0 EFFECTS OF THE PROPOSED ACTION ON EFH AND MANAGED SPECIES This assessment considers potential effects on EFH/HAPCs and federally managed species that may occur through the following impact mechanisms: physical disturbance and modification of benthic habitat within the dredging footprint, sediment suspension and redeposition, and larval entrainment. Analyses of potential effects on EFH/HAPCs and federally managed species are presented according to habitat type. 5.1 Estuarine Water Column 5.1.1 Sediment Suspension and Turbidity Dredging -induced sediment suspension and associated increases in turbidity may affect the behavior (e.g., feeding, predator avoidance, habitat selection) and physiological functions (e.g., photosynthesis, gill -breathing, filter -feeding) of marine fishes and invertebrates (Michel et al. 2013). The extent and duration of dredging -induced sediment suspension are influenced by sediment composition at the dredge site, the type of dredge employed, and hydrodynamic conditions at the dredge site (Wilber et al. 2005). Sediment suspension by cutterhead dredges is generally confined to the near bottom water column in the immediate vicinity of the rotating cutterhead assembly (LaSalle et al. 1991). Based on sediment resuspension data collected during navigation dredging projects, Hayes et al. (2000) and Hayes and Wu (2001) reported average cutterhead dredge sediment resuspension rates ranging from 0.003 to 0.135% of the fine silt/clay fraction. Mechanical dredges (bucket and clamshell) generally have higher sediment suspension rates due to the washing of material out of the bucket as it is withdrawn from the bottom and moved through and above the water column (LaSalle et al. 1991). Water injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment - water mixture known as a density current that flows along the bottom via gravity to deeper areas. Monitoring results for multiple projects in the US indicate that WID-induced sediment suspension is principally confined to the lower water column within 2 to 5 feet of the bottom (Welp et al. 2017). Regardless of dredge type, prolonged sediment suspension and extensive turbidity plumes are primarily associated with the suspension of fine silt/clay particles that have relatively slow settling velocities, whereas sands and gravels that make up the coarse -grained sediment fraction resettle rapidly in the immediate vicinity of the dredge (Schroeder 2009). As previously described, the sediments to be excavated from the new dredging area consist predominantly of relatively coarse sands that would resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead, bucket, or water injection dredge would primarily be confined to the immediate vicinity of the new dredging footprint. It is expected that suspended fine sediments would be rapidly dispersed by currents in the contiguous AIWW navigation channel, thus limiting the duration of any adverse effects on water quality and federally managed species. The proposed project construction window of 1 October - 31 January would avoid peak periods of larval ingress and estuarine -dependent juvenile abundance in the vicinity of the action area, thus minimizing the exposure of federally managed species to sediment,,,sgpension effects. In the specific case Essential Fish Habitat Assessment - VEDDial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 17 JUL 2 6 2022 DCM-"HD CITV of WID, the potential for upstream sediment transport into the New River Estuary would be minimized by conducting WID only on falling tides. Based on these considerations, it is expected that any adverse effects on water quality and federally managed species would be minor and short-term. 5.1.2 Larval Entrainment Cutterhead pipeline dredges have the potential to entrain fishes and invertebrates during all life cycle phases; including adults, juveniles, larvae, and eggs. Among adult and juvenile fishes, demersal species that inhabit the near -bottom water column environment are most likely to be entrained (Refine and Clarke 1998); although studies have also reported the entrainment of pelagic fishes in small numbers (McGraw and Armstrong 1990). Entrainment studies indicate that dredging elicits an avoidance response by demersal and pelagic species and that most juvenile and adultfishes are successful at avoiding entrainment (Larson and Moehl 1990, McGraw and Armstrong 1990). Planktonic eggs and larvae that lack avoidance capabilities are more vulnerable to entrainment by hydraulic dredges, especially during ingress periods when they are concentrated in inlets. The results of a long-term sampling program at Beaufort Inlet indicate that larval densities within the inlet are highest from late May to early June and lowest in November (Heftier and Chester 1990). In the case of cutterhead pipeline dredging, the proposed action would affect federally managed estuarine -dependent species by entraining planktonic eggs and larvae that occur in the vicinity of the dredge pipe suction field. However, the results of larval entrainment modeling in Beaufort Inlet indicate that dredge entrainment rates are extremely low regardless of inlet larval concentrations and the distribution of larvae within the water column (Settle 2003). Even under worst case model scenarios when the dredge was assumed to be operating 24 hours/day and all larvae were assumed to be concentrated in the bottom of the navigation channel, projected entrainment rates barely exceeded 0.1% of the daily (24-hour) larval flux through the inlet. The proposed new dredging area is located above Beaufort Inlet in the relatively broad Newport River Estuary where it is expected that the distribution of planktonic eggs and larvae would be relatively diffuse. Furthermore, the proposed project construction window of 1 October - 31 January would avoid the peak larval ingress period at Beaufort Inlet. Based on all of the above considerations, it is anticipated that the effects of egg/larval entrainment on populations of federally managed species would be negligible. 5.2 Unconsolidated Bottom New dredging would directly impact 3.0 acres of unconsolidated bottom habitat in the barge fleeting expansion area. Existing bottom depths ranging from -4 to -13 ft MLLW would be increased to -14 ft MLLW. Initial construction and subsequent periodic maintenance dredging events would remove the existing benthic infaunal invertebrate community, thereby temporarily reducing the availability of prey for federally managed demersal fishes such as summer flounder and estuarine -dependent species of the snapper -grouper complex. Depending on shoaling rates, Essential Fish Habitat Assessment RECEIVED Gordy and Associates Inc. Newport River Barge Fleeting Area Expansion ED July 2022 18 JUL 2 6 2022 DCM-eeu, the affected benthic infaunal communities would experience recurring maintenance dredging impacts every 2 to 5 years. Studies of benthic community recovery in shallow estuarine navigation channels along the southeastern coast have reported rapid recovery within two to six months (Van Dolah et al. 1984 and 1979, Stickney and Perlmutter 1975, and Stickney 1972). These studies indicate that recolonization via slumping of adjacent undisturbed sediments into the dredged channel is an important recovery mechanism. Van Dolah et al. (1984) also attributed relatively rapid recovery to rapid infilling by sediments that were similar in composition to the extracted material and avoidance of spring benthic invertebrate recruitment periods. Existing surficial sediments in the new dredging footprint are part of a uniform fine sand layer that extends to a depth of -45 ft MLLW, thus the proposed action would not be expected to alter sediment composition. Maximum bottom depth increases of -10 feet would not be expected to alter benthic community composition within the new dredging area. The proposed project construction window (01 October - 31 January) would avoid peak benthic invertebrate recruitment periods; thus facilitating relatively rapid recovery with the onset of spring recruitment. Based on all of the above considerations, it is anticipated that effects on estuarine unconsolidated bottom habitats and associated federally managed species would be minor and short-term. 5.3 Oyster Reefs and Shell Banks As previously described, NCDMF benthic habitat maps do not identify any shell bottom areas within or immediately adjacent to the proposed new dredging area. Thus, no direct impacts on shell bottom habitats would be expected. The only mapped shell bottom area in the vicinity of the project area is a narrow linear shell bottom feature along the shoreline of Marsh Island -300-ft west of the new dredging footprint. Fine sediments that are suspended by the dredging process may be transported outside of the active dredging area, potentially affecting shell bottom areas through redeposition. Heavy sediment redeposition can impact oysters by inhibiting larval attachment to hard substrates and reducing the respiration and feeding rates of juveniles and adults (Wilber and Clarke 2010). However, according to Colden and Lipcius (2015), eastern oysters that were subjected to experimental sediment deposition did not exhibit significant mortality or sublethal effects until at least 70% of the shell height was buried. As previously described, the sediments to be excavated from the new dredging area consist predominantly of relatively coarse fine sands that would resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead, bucket, or water injection dredge would primarily be confined to the immediate vicinity of the new dredging footprint and the contiguous AIWW channel. Therefore, it is expected that the effects of dredging -induced sediment suspension and redeposition on oyster reefs and associated federally managed species would be minor and short- term. 5.4 Submerged Aquatic Vegetation (SAV) As previously described, NCDMF SAV maps do not identify any SAV within or immediately adjacent to the proposed new dredging area. Thus, no direct impacts on SAV would be expected. Essential Fish Habitat Assessment RECEIVED Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 19 JUL 2 6 2M DCM-MHD CITY Small patches of SAV are identified along the western shoreline of Marsh Island opposite the proposed dredging area. Fine sediments that are suspended by the dredging process may be transported outside of the active dredging area, potentially affecting SAV through increases in turbidity and/or sediment redeposition. However, as previously described, it is anticipated that the predominance of relatively coarse sand in the new dredging area would limit sediment suspension to the immediate vicinity of the active work area. Therefore, it is expected that any adverse effects on SAV and associated federally managed species from dredging -induced sediment suspension and redeposition would be minor and short-term. 5.5 Estuarine Emergent Wetlands (Tidal Marsh) As previously described, the only tidal marshes in the vicinity of proposed new dredging area are located —300 feet west of the dredging footprint along the shoreline of Marsh Island. Therefore, the proposed action would not be expected to have any effect on tidal marshes. 6.0 CONSERVATION MEASURES The following conservation measures would be implemented to avoid or minimize potential effects on EFH/HPAC and federally managed species: • Dredging would be conducted within a 1 October to 31 January construction window. • Water injection dredging (WID) would be conducted only on falling tides. • Good Engineering Practices (GEPs) and Best Management Practices (BMPs) would be applied to all dredging activities. • Dredged material delivery pipelines would be routinely inspected for pressurized leaks, and any leaks that are found would be immediately repaired. • Dredging contractors would be required to maintain spill control plans and waste management plans for all dredging fleet equipment. Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion RECEIVED 20 JUL 26 2022 Dial Cordy and Associates Inc. July 2022 7.0 REFERENCES Able, K.W. and M.P. 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Kirby -Smith, W.W. and J.D. Costlow. 1989. The Newport River Estuarine System. Duke University Marine Laboratory, Beaufort, NC. Larson, K. and C. Moehl. 1990. Fish entrainment by dredges in Grays Harbor, Washington. In: Effects of dredging on anadromous Pacific Coast fishes. C. A. Simenstad, ed., Washington Sea Grant Program, University of Washington, Seattle, 102-12. LaSalle, M.W., D.G. Clarke, J. Homziak, J.D. Lunz, and T.J. Fredette. 1991. A framework for assessing the need for seasonal restrictions on dredging and disposal operations. Technical Report D-91-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS. McCandless, C.T., N.E. Kohler, and H.L. Pratt Jr. editors. Shark nursery grounds of the Gulf of Mexico and the East Coast waters of the United States. Bethesda: American Fisheries Society, Symposium 50; 2007. 402 p. McGraw, K.A. and D.A. Armstrong. 1990. Fish Entrainment by Dredges in Grays Harbor, Washington. pp. 113-131. In: C.A. Simenstad (ed.). 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In: Proceedings of the Western Dredging Association Twentyninth Technical Conference and 40th Annual Texas A&M Dredging Seminar, Tempe, AZ, June 2009. Sedberry, G.R. and R.F. Van Dolah. 1984. Demersal fish assemblages associated with hard bottom habitat in the South Atlantic Bight of the USA. Environ. Biol. Fish. 11(1). Settle, L. 2003. Assessment of potential larval entrainment mortality to hydraulic dredging of Beaufort Inlet. Prepared for USACE-Wilmington District for the Morehead City Harbor Environmental Assessment. May 2003. NOAA/NOS National Centers for Coastal Ocean Science. Shepherd, G.R. and D.B. Packer. 2006. Essential Fish Habitat Source Document: Bluefish, Pomatomus saltatrix, Life History and Habitat Characteristics 2nd edition. NOAA Technical Memorandum, NMFS-NE-198:100. South Atlantic Fishery Management Council (SAFMC). 2011. Regulations by Species, Cobia. Accessed March 2011. SAFMC. 2009. Fishery Ecosystem Plan of the South Atlantic Region. SAFMC, Charleston, SC. 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Technical Report Series. No 72-4. Skidaway Institute of Oceanography, Savannah, GA. July 1972 60 pp. Stickney, R. and D. Perlmutter. 1975. Impact of Intracoastal Waterway maintenance dredging on a mud bottom benthos community. Biol Consery 01/1975; 7(3):211-225. Thayer, G.W., W.J. Kenworthy, and M.S. Fonseca. 1984. The Ecology of Eelgrass Meadows of the Atlantic coast: A Community Profile. U.S. Fish and Wildlife Service, FWS/OBS-84/02, 147 pp. Van Dolah, R.F., D.R. Calder, and D.M. Knott. 1984. Effects of dredging and open -water disposal on benthic macroinvertebrates in a South Carolina estuary. Estuaries 7, 28-37. Van Dolah, R.F., D.R. Calder, D.M. Knott, and M.S. Maclin. 1979. Effects of dredging and unconfined disposal of dredged material on benthic macroinvertebrate communities in Sewee Bay, SC. Marine Resources Center Technical Report 39. Charleston, SC. Weinstein, M.P. 1979. Shallow marsh habitats as primary nurseries for fishes and shellfish, Cape Fear River. NC. Fisheries Bulletin 2: 339-357. Welp, T.L., M.W. Tubman, D.A. Wilson, and C.E. Pollock. 2017. Water Injection Dredging. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Wilber, D.H., W. Brostoff, D.G. Clarke, and G.L. Ray. 2005. Sedimentation: Potential biological effects from dredging operations in estuarine and marine environments. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion RECEIVED 24 Dial Cordy and Associates Inc. July 2022 JUL 2 6 2022 BIOLOGICAL ASSESSMENT NORTH BARGE FLEETING AREA EXPANSION PORT OF MOREHEAD CITY 5 July 2022 Prepared for: North Carolina State Ports Authority PO Box 9002 Wilmington, North Carolina 28402 Prepared by: Dial Cordy and Associates Inc. 201 North Front Street, Suite 307 Wilmington, North Carolina 28401 DIAL CORDY AND ASSOC1A'I ES INC RECEIVED JUL 2 6 ZOZZ DCM-MHD CITY TABLE OF CONTENTS Page 1.0 INTRODUCTION..............................................................................................................1 2.0 LOCATION AND DESCRIPTION OF THE PROPOSED ACTION....................................2 3.0 DESCRIPTION OF THE ACTION AREA..........................................................................2 4.0 EFFECTS THE PROPOSED ACTION ON LISTED SPECIES AND CRITICAL HABITATS........................................................................................................................6 4.1 Shortnose and Atlantic Sturgeon..................................................................................6 4.1.1 Status, Distribution, and Habitat.............................................................................6 4.1.2 Occurrence in the Action Area...............................................................................7 4.1.3 Factors Affecting the Species................................................................................7 4.1.4 Effects of the Proposed Action on Shortnose and Atlantic Sturgeon......................8 4.1.5 Determination of Effect..........................................................................................9 4.2 Sea Turtles.................................................................................................................10 4.2.1 Status, Distribution, and Habitat...........................................................................10 4.2.2 Occurrence in the Action Area.............................................................................12 4.2.3 Factors Affecting the Species..............................................................................13 4.2.4 Effects of the Proposed Action on Sea Turtles.....................................................15 4.2.5 Conservation Measures.......................................................................................16 4.2.6 Determination of Effect........................................................................................16 5.0 REFERENCES...............................................................................................................17 RECEIVED JUL 2 6 2022 DCM-MHD CITY Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 LIST OF TABLES Page Table 1. Species and critical habitats considered in this assessment..........................................1 LIST OF FIGURES Page Figure 1. Proposed Action Location Map...................................................................................3 Figure 2. North Barge Fleeting Area Expansion Layout.............................................................4 Figure 3. North Barge Fleeting Expansion Area - Existing and Proposed Bathymetry ................5 Figure 4. Loggerhead Turtle Critical Habitat.............................................................................14 RECEIVED Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 ii JUL 26 2022 DCM-MHD CITY LIST OF ACRONYMS % Percent °C Degrees Celsius AIWW Atlantic Intracoastal Waterway ASSRT Atlantic Sturgeon Status Review Team CWA Clean Water Act CY Cubic Yards DPS Distinct Population Segment ESA Endangered Species Act FIR Federal Register FT Feet GEPs Good Engineering Practices BMPs Best Management Practices MCH Morehead City Harbor MLLW Mean Lower Low Water NC North Carolina NCDMF North Carolina Division of Marine Fisheries NCSPA North Carolina State Ports Authority NMFS National Marine Fisheries Service PPT Parts per Thousand RHA Rivers and Harbors Act SAV Submerged Aquatic Vegetation SSSRT Shortnose Sturgeon Status Review Team USACE United States Army Corps of Engineers USFWS United States Fish and Wildlife Service WID Water Injection Dredging Biological Assessment Newport River Barge Fleeting Area Expansion RECEIVED Dial Cordy and Associates Inc. July 2022 iii UUL 2 6 2022 1.0 INTRODUCTION This Biological Assessment has been prepared in accordance with Section 7 of the Endangered Species Act (ESA) to address the effects of proposed new dredging work at the Port of Morehead City on listed species and critical habitats. The North Carolina State Ports Authority (NCSPA) has requested Department of the Army authorization pursuant to Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act (RHA) to expand the existing north barge fleeting area in the Newport River at the Port of Morehead City (Port) in Carteret County, North Carolina (NC). The north fleeting area is a temporary mooring facility for loaded barges that are awaiting waterborne transport to inland destinations. Barge fleeting activity at the Port is primarily associated with the transport of imported iron (direct reduced iron and pig iron) to the Hertford Steel plant on the Chowan River in Cofield, NC. Iron imports at the Port have doubled over the last several years; resulting in increased demand for barge fleeting capacity. The proposed action would expand the north barge fleeting area from 2 to 4 acres, thereby accommodating an additional 4 to 6 loaded barges. This assessment considers listed species and critical habitats under the jurisdiction of the NMFS that occur or may occur in the vicinity of the Port of Morehead City; including the Atlantic sturgeon, shortnose sturgeon, loggerhead sea turtle, green sea turtle, Kemps ridley sea turtle, leatherback sea turtle, hawksbill sea turtle, and loggerhead nearshore reproductive critical habitat (Table 1). Table 1. Species and critical habitats considered in this assessment. Species/Critical Habitat Listing ESAStatusDeteEffe rm nations Leatherback sea turtle (Dermochelys coriacea) Endangered MANLAA Loggerhead sea turtle (Caretta caretta) Threatened MANLAA Green sea turtle (Che/onia mydas) Endangered MANLAA Hawksbill sea turtle (Eretmochelys imbricate) Endangered MANLAA Kemp's ridley sea turtle (Lepidochelys kempii) Endangered MANLAA Shortnose sturgeon (Acipenserbrevirostrum) Endangered MANLAA Atlantic sturgeon (Acipenser oxyrinchus) Endangered MANLAA Loggerhead Nearshore Reproductive Critical Habitat Critical Habitat NE I MANLAA = May affect, not likely to adversely affect; NE = No Effect Biological Assessment RECEIVED Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 'JUL 26 2022 e ^&A %AUrl CITY 2.0 LOCATION AND DESCRIPTION OF THE PROPOSED ACTION The north barge fleeting area is located in the Newport River —600 feet north of the northeast corner of the Port terminal facility (Figure 1). The existing fleeting area encompasses 2.0 acres along the western margin of the Atlantic Intracoastal Waterway (AIWW). The authorized depth of the existing facility matches that of the AIWW at -14 ft MLLW (12 + 2 ft of over dredge). A series of six steel pile mooring piles are currently installed within the fleeting area. The proposed action would expand the existing facility westward by dredging an additional 2.0 acres of subtidal bottom to a depth of -14 ft MLLW (12 + 2 ft of over dredge) (Figure 2). An additional 1.0 acre of new dredging would be required to construct a transitional 3:1 slope along the western margin of the 2.0-acre expansion area. In total, the proposed action would require 3.0 acres of new dredging and the removal of an estimated 35,000 cy of material. No new mooring structures are proposed, as the existing mooring piles are sufficient to accommodate additional barges in the expansion area. The depth of the expansion area would be maintained through periodic maintenance dredging every 2 to 5 years. Existing depths in the proposed new dredging area range from -4 to -14 ft MLLW (Figure 3). The sediments to be removed from the new dredging area are part of a uniform fine sand to silty fine sand layer that extends from the surface to a depth of -45-ft MLLW (Catlin Engineers 2013). Construction of the barge fleeting expansion area would employ a hydraulic pipeline (cutterhead) dredge and/or a mechanical bucket dredge and scow system. Construction dredged material would be placed in one of the existing Port -owned confined disposal facilities; which include the Marsh Island, Brandt Island, and North Radio Island disposal areas. Construction disposal operations for cutterhead dredging would involve direct hydraulic delivery to the disposal area via floating and/or submerged pipeline. In the case of mechanical dredging, disposal would involve the transport of dredged material via scow to the disposal area for placement via mechanical means or hydraulic offloading. Periodic maintenance of the barge fleeting expansion area would be accomplished by the Port -owned water injection dredge. Water injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment -water mixture known as a density current that flows along the bottom via gravity to deeper areas. A pipe manifold with a series of water injection nozzles is used to inject water into the sediment bed. The use of water injection dredging for maintenance of the Port's existing berths, fleeting areas, and turning basins is currently authorized under the Port's existing CAMA Major Permit. 3.0 DESCRIPTION OF THE ACTION AREA The north barge fleeting area is located —3 miles from the Atlantic Ocean in the lower Newport River Estuary between Morehead City and Beaufort in Carteret County, INC. The lower Newport River Estuary is a shallow, tidally -controlled system with an average depth of —3 feet MLLW. Mean tidal range in the lower estuary is 3.1 feet, and salinities approach those of seawater (34 ppt) (Kirby -Smith and Costlow 1989). The proposed new dredging area is located between the AIWW federal navigation channel and the Marsh Island disposal area. The AIWW navigation channel is maintained at a width of 250 feet and depth of 12 + 2 ft MLLW. The Marsh Island disposal area consists of diked uplands that are partially surrounded by unconfined tidal saltmarsh. Benthic habitats within the proposed new dredging area consist of sandy unconsolidated bottom. The surrounding Newport River Estuary contains a complex assemblage of intertidal and shallow subtidal estuarine habitats; including sandy shoals, shellfish beds, submerged aquatic vegetation (SAV) beds, and tidal saltmarsh. Biological Assessment REGE ial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 2 JUL 26 M2 DCM-MHD CITY BOGUE SOUND F D R T � H H J.W / 4 F N ��., r S U e F CwNm Y y•1 -31 A LYCIftli 1 A A a 0 � U fa rye a �v; m ti rte a d 911 NTH IT t NsrV,� he] c b _.._.. ..�e— is • _.__ u . _ti"—� tirA m a a see s a a m. MN n .. • a A a - N ro w ...._ a � of ® � A • a _� r �wY ae neaw s zw• m N w A a %� 91 A a 6 A e N r N dg \ �. ®i6 •e NES IN2iEO NNA 18p A a • Yi p1 r 51 r56 161 CiN IItlr: aee mn fire JO N 4l Ar tQe. ; sr s .. N 4N _.t A m • Figure 1. Proposed Action Location Map Biological Assessment RECEIVEDial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 3 JUL 26 2022 Figure 2. North Barge Fleeting Area Expansion Layout Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 a JUL 26 2022 DCM-MHD CITY A -A' Bathynretric Profile Graph B - B' Bi t Wmbic Profile Graph _ Existing Bsthymetry Profs 10 12 Proposed Bettrymetry Rafe 141 g� Proposed FleeJrVAm 6dsup Fleeting ova Area to G- 0 50 160 160 2X 250 360 Distance (feet) C-C' BatiWirtetric Profile Graph -e Existing Bathymetry Profs -B 10 Proposed Bathyrretry Profile 1 2 3:1 14 a Pmpaxtl Fleeting Wes 6omng Flee gb a IB ?n 00 0 s0 1160 260 260 300 -� � DIl1ilIC! (r!!t) 29 m m Legend Profile Location 1R Contwr(MLL" e Barge Fleeting Area Elevation(MLLW) ® Edsfing Fleeting Area Value Proposed Fleeting Area High'.-2 0 150 300 450 800 O Proposed 3:1 Slope Low'.-3g Feet Figure 3. North Barge Fleeting Expansion Area - Existing and Proposed Bathymetry Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 5 JUL 2 6 2022 Inr-M-MHD CITY 4.0 EFFECTS THE PROPOSED ACTION ON LISTED SPECIES AND CRITICAL HABITATS 4.1 Shortnose and Atlantic Sturgeon 4.1.1 Status, Distribution, and Habitat Shortnose Sturgeon The shortnose sturgeon was listed as endangered throughout its range on 11 March 1967 (32 FR 4001). The species inhabits large Atlantic coast rivers from the St. Johns River in northeastern Florida to the Saint Johns River in New Brunswick, Canada. Adults in southern rivers are estuarine anadromous, foraging at the saltwater -freshwater interface and moving upstream to spawn in the early spring. Shortnose sturgeon spend most of their lives in their natal river systems and rarely migrate to marine environments. Spawning habitats include river channels with gravel, gravel/boulder, rubble/boulder, and gravel/sand/log substrates. Spawning in southern rivers begins in later winter or early spring and lasts from a few days to several weeks. Juveniles occupy the saltwater -freshwater interface, moving back and forth with the low salinity portion of the salt wedge during summer. Juveniles typically move upstream during the spring and summer and move downstream during the winter, with movements occurring above the saltwater -freshwater interface. In southern rivers, both adults and juveniles are known to congregate in cool, deep thermal refugia during the summer. The shortnose sturgeon is a benthic omnivore that feeds on crustaceans, insect larvae, worms, and mollusks. Juveniles randomly vacuum the bottom and consume mostly insect larvae and small crustaceans. Adults are more selective feeders, feeding primarily on small mollusks (NMFS 1998). No critical habitat has been designated for the shortnose sturgeon. Atlantic Sturgeon The Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) was listed under the ESA in 2012 as five Distinct Population Segments (DPSs); including the endangered New York Bight, Chesapeake Bay, Carolina, and South Atlantic DPSs and the threatened Gulf of Maine DPS (77 FR 5914, 77 FR 5880). The Carolina DPS encompasses subpopulations from the Roanoke, Tar/Pamlico, Cape Fear, Waccamaw, Pee Dee, and Santee -Cooper Rivers in NC and South Carolina. Atlantic sturgeon spawn in freshwater, but spend most of their adult life in the marine environment. Spawning adults generally migrate upriver in the spring/early summer, although a fall spawning migration may also occur in some southern rivers. Spawning is believed to occur in flowing water between the salt front and fall line of large rivers. Post -larval juveniles move downstream into brackish waters and eventually move to estuarine waters where they reside for a period of months or years. Subadult and adult Atlantic sturgeons emigrate from rivers into coastal waters, where they may undertake long range migrations. Migratory adult and subadult sturgeon are typically found in shallow (40-70 ft) nearshore waters with gravel and sand substrates. Although extensive mixing occurs in coastal waters, Atlantic sturgeons return to their natal river to spawn [Atlantic Sturgeon Status Review Team (ASSRT) 2007]. In 2017, NMFS designated critical habitat for the Atlantic sturgeon in large spawning river systems throughout the five DPSs (82 FR 39160). Critical habitat for the Carolina DPS was designated in the Roanoke, Tar -Pamlico, Neuse, Cape Fear, and Pee Dee Rivers of NC and South Carolina. Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 s JUL 26 2022 DCM-MHD CITY 4.1.2 Occurrence in the Action Area Shortnose Sturgeon Shortnose sturgeon were thought to be extirpated from NC waters until an individual was captured in the Brunswick River in 1987 (Ross et al. 1988). Subsequent gill -net studies (1989-1993) confirmed the presence of a small population in the lower Cape Fear River (Moser and Ross 1995). In 1998, the NC Division of Marine Fisheries (NCDMF) reported the capture of a shortnose sturgeon in western Albemarle Sound (Armstrong and Hightower 1999). Surveys in the Neuse River during 2001 and 2002 failed to capture any shortnose sturgeon (Oakley and Hightower 2007). The current distribution of the shortnose sturgeon in NC is thought to include only the Cape Fear and Pee Dee Rivers, and no spawning populations have been confirmed in the state [Shortnose Sturgeon Status Review Team (SSSRT) 2010]. Occurrence data specific to the action area vicinity are lacking. Based on its restriction primarily to large rivers, and more specifically riverine waters above the saltwater -freshwater interface, shortnose sturgeon occurrences within the high salinity waters of the action area (i.e., lower Newport River Estuary and Beaufort Inlet) are considered unlikely. The occurrence of a transient individual within the action area cannot be entirely discounted, as genetic studies indicate that some individuals move between the various populations (Quattro et al. 2002, Wirgin et al. 2005). Atlantic Sturgeon Extant spawning populations of the Atlantic sturgeon in NC are currently known from the Roanoke, Tar -Pamlico, Cape Fear, and potentially the Neuse River systems (ASSRT 2007). Laney et al. (2007) analyzed Atlantic sturgeon incidental capture data from winter tagging cruises along the NC and Virginia coasts. Cruises conducted in nearshore ocean waters from Cape Lookout to Cape Charles, Virginia captured 146 Atlantic sturgeons between 1988 and 2006. Captures typically occurred over sand substrate in nearshore waters that were less than 60 feet deep. Laney et al. (2007) concluded that shallow nearshore ocean waters along the NC coast represent an important winter (January -February) habitat and aggregation area for adult and subadult Atlantic sturgeon. Occurrence data for estuarine waters in the vicinity of the action area are lacking; however, based on the work by Laney et al. (2007), it is assumed that adult and subadult Atlantic sturgeon may occur in the vicinity of Beaufort Inlet during the winter months. No critical habitat has been designated in the vicinity of the action area. 4.1.3 Factors Affecting the Species Historical overharvesting contributed to drastic declines in shortnose and Atlantic sturgeon populations. Commercial exploitation of shortnose sturgeons continued into the 1950s, and Atlantic sturgeons were commercially exploited throughout most of the 20'" century (NMFS 1998, ASSRT 2007). Although directed commercial harvest is no longer permitted, by -catch mortality associated with other fisheries remains a major threat. By -catch mortality associated with the shad and shrimp fisheries and water quality degradation in nursery habitats are the primary threats currently facing southeastern sturgeon populations (Collins et al. 2000). Dams that block access to spawning grounds are a major stressor in some southern river systems, including the Cape Fear River. Additional stressors include ship strikes and dredging (ASSRT 2007). Potential dredging effects include direct impacts on benthic habitats and food resources, hydrological modifications, turbidity and siltation, contaminant resuspension, and entrainment in hydraulic Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion 7 JUL 26 2022 July 2022 DCM-MHD CITY dredge intake pipelines. A total of 18 Atlantic sturgeons were taken by hopper dredges during federal navigation dredging along the South Atlantic Coast from October 1990 to March 2012, including two at Wilmington Harbor (USAGE 2014). No dredge takes have been reported at Morehead City Harbor. 4.1.4 Effects of the Proposed Action on Shortnose and Atlantic Sturgeon This assessment evaluates potential effects on shortnose and Atlantic sturgeon that may occur through the following impact mechanisms: physical disturbance and modification of soft bottom foraging habitat within the dredging footprint, sediment suspension and redeposition, and entrainment by hydraulic dredges. 4.1.4.1.1 Direct Impacts on Soft Bottom Foraging Habitat New dredging would directly impact 3.0 acres of soft bottom habitat in the barge fleeting expansion area. Existing bottom depths ranging from -4 to -13 ft MLLW would be increased to - 14 ft MLLW. Initial construction and subsequent periodic maintenance dredging events would remove the existing benthic infaunal invertebrate community, thereby temporarily reducing the availability of potential prey for shortnose and Atlantic sturgeon. Depending on shoaling rates, the affected benthic infaunal communities would experience recurring maintenance dredging impacts every 2 to 5 years. Studies of benthic community recovery in shallow estuarine navigation channels along the southeastern coast have reported rapid recovery within two to six months (Van Dolah et al. 1984 and 1979, Stickney and Perlmutter 1975, and Stickney 1972). These studies indicate that recolonization via slumping of adjacent undisturbed sediments into the dredged channel is an important recovery mechanism. Van Dolah et al. (1984) also attributed relatively rapid recovery to rapid infilling by sediments that were similar in composition to the extracted material and avoidance of spring benthic invertebrate recruitment periods. Existing surficial sediments in the new dredging footprint are part of a uniform fine sand layer that extends to a depth of -45 ft MLLW, thus the proposed action would not be expected to alter sediment composition. Maximum bottom depth increases of -10 feet would not be expected to alter benthic community composition within the new dredging area. The proposed project construction and maintenance window (01 October - 31 January) would avoid peak benthic invertebrate recruitment periods; thus facilitating relatively rapid recovery with the onset of spring recruitment. 4.1.4.1.2 Sediment Suspension and Redeposition Dredging -induced sediment suspension and associated increases in turbidity can affect the behavior (e.g., feeding, predator avoidance, habitat selection) and physiological functions (e.g., gill -breathing) of marine fishes (Michel et al. 2013). The extent and duration of dredging -induced sediment suspension are influenced by sediment composition at the dredge site, the type of dredge employed, and hydrodynamic conditions at the dredge site (Wilber et al. 2005). Sediment suspension by cutterhead dredges is generally confined to the near bottom water column in the immediate vicinity of the rotating cutterhead assembly (LaSalle et al. 1991). Based on sediment resuspension data collected during navigation dredging projects, Hayes et al. (2000) and Hayes and Wu (2001) reported average cutterhead dredge sediment resuspension rates ranging from 0.003 to 0.135% of the fine silt/clay fraction. Mechanical dredges (bucket and clamshell) generally have higher sediment suspension rates due to the washing of material out of the bucket as it is Biological Assessment RECEIVED Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 JUL 26 2022 era..■ uun r11TV withdrawn from the bottom and moved through and above the water column (LaSalle at al. 1991). Water injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment -water mixture known as a density current that flows along the bottom via gravity to deeper areas. Monitoring results for multiple projects in the US indicate that WID-induced sediment suspension is principally confined to the lower water column within 2 to 5 feet of the bottom (Welp at al. 2017). Regardless of dredge type, prolonged sediment suspension and extensive turbidity plumes are primarily associated with the suspension of fine silt/clay particles that have relatively slow settling velocities, whereas sands and gravels that make up the coarse - grained sediment fraction resettle rapidly in the immediate vicinity of the dredge (Schroeder 2009). As previously described, the sediments to be excavated from the new dredging area consist predominantly of relatively coarse sands that would resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead, bucket, or water injection dredge would primarily be confined to the immediate vicinity of the new dredging footprint. It is expected that suspended fine sediments would be rapidly dispersed by currents in the contiguous AIWW navigation channel, thus limiting the duration of any adverse effects on water quality. 4.1.4.1.3 Entrainment Hydraulic dredging operations can potentially impact shortnose and Atlantic sturgeon directly through entrainment in the dredge intake pipe. Although shortnose sturgeon have been taken by both hopper and cutterhead dredges in rivers along the North Atlantic Coast, no dredge takes have occurred along the South Atlantic Coast. The shortnose sturgeon is typically found in the upper portions of rivers above the freshwater -saltwater interface, which reduces the potential for dredge interactions. Based on the absence of reported dredge interactions along the South Atlantic Coast, its restriction primarily to the upper portions of rivers, and the low probability of occurrence in the action area; it is anticipated that the risk of direct injury to shortnose sturgeon from dredging operations would be negligible. Atlantic sturgeon have been taken by both hopper and cutterhead dredges during federal navigation dredging operations along the eastern US coast (USAGE 2014b). However, all confirmed Atlantic sturgeon takes (n=5) by cutterhead dredges occurred in the upper Delaware River during the winter in an area that is known to contain dense aggregations of sturgeon that are resting on the bottom and exhibiting little movement. Analyses of cutterhead dredge intake velocities and sturgeon swimming capabilities indicate that the risk of entrainment is limited to juveniles within 1.0 meter of the dredge pipe intake (NMFS 2012). NMFS has determined through previous separate navigation dredging consultations that mechanical dredges are extremely unlikely to overtake or adversely affect sturgeon (NMFS 2020). Any occurrences of Atlantic sturgeon in the vicinity of the action area would likely consist of adults or subadults that would be able to avoid the dredge pipeline suction field. Based on the absence of reported cutterhead dredge interactions along the South Atlantic Coast and the absence of suitable juvenile nursery habitats in the vicinity of the action area, it is anticipated that the risk of direct injury to Atlantic sturgeon from dredging operations would be negligible. 4.1.5 Determination of Effect The risk of direct injury to sturgeon from dredging is considered negligible, and the proposed action would have only minor short-term effects on potential foraging habitats and water quality. Therefore, it is determined that the proposed action may affect, but is not likely to adversely affect shortnose and Atlantic sturgeon. Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion a JUL 2 6 2022 July 2022 DCM-MHD CITY 4.2 Sea Turtles 4.2.1 Status, Distribution, and Habitat Loggerhead Sea Turtle The loggerhead sea turtle (Caretta caretta) was initially listed under the ESA as threatened throughout its range on 28 July 1978 (43 FIR 32800). In 2011, the loggerhead's ESA status was revised to threatened and endangered based on the recognition of nine DPSs. Distinct population segments encompassing populations in the Northwest Atlantic Ocean, South Atlantic Ocean, Southwest Indian Ocean, and Southeast Indo-Pacific Ocean were reclassified as threatened; while the remaining five populations in the Northeast Atlantic Ocean, Mediterranean Sea, North Pacific Ocean, South Pacific Ocean, and North Indian Ocean were reclassified as endangered. Nesting in the US occurs along the Atlantic and Gulf coasts from southern Virginia to Texas, but is concentrated from NC through Alabama (NMFS and USFWS 2008). Post-hatchlings initially reside in neritic (continental shelf) waters where they inhabit convergence zones with accumulations of floating material such as sargassum. After a period of weeks or months, post- hatchlings enter oceanic waters and begin a juvenile oceanic phase of development. Oceanic phase juveniles appear to move with the predominant ocean gyres for several years before returning to neritic waters where juvenile development continues to adulthood. In the US, juvenile neritic phase loggerheads inhabit essentially all continental shelf waters along the Atlantic and Gulf of Mexico coasts; including protected estuarine waters (sounds and bays). Adults primarily inhabit offshore continental shelf waters from New York south through Florida and in the Gulf of Mexico. Adult loggerheads are less likely than juveniles to utilize enclosed shallow estuarine waters that have limited ocean access; however, shallow estuaries with expansive ocean access comprise important foraging habitats for both juveniles and adults (NMFS and USFWS 2008). Green Sea Turtle The green sea turtle (Chelonia mydas) was initially listed as endangered and threatened under the ESA on 28 July 1978 (43 FIR 32800). Breeding populations in Florida and along the Mexican Pacific Coast were listed as endangered, while all other populations throughout the species' range were listed as threatened. In 2011, the green sea turtle's ESA status was revised to threatened and endangered based on the recognition of eight DPSs (81 FIR 20057). All green sea turtles in the North Atlantic were listed as threatened under the North Atlantic Ocean DPS. Nesting in the US is primarily limited to Florida, although nesting occurs in small numbers along the southeast coast from Georgia to NC and the Gulf Coast of Texas. In US waters, green sea turtles are distributed along the Atlantic and Gulf Coasts from Massachusetts to Texas (NMFS and USFWS 2007a). Post-hatchlings migrate to oceanic waters and begin an oceanic juvenile phase of development. Oceanic phase juveniles appear to move with the predominant ocean gyres for several years before returning to neritic waters where juvenile development continues to adulthood. Neritic phase juveniles inhabit shallow estuarine waters and nearshore waters that are rich in seagrasses and/or marine macroalgae. Adults generally occur in relatively shallow foraging habitats with abundant seagrasses and macroalgae, but may enter the oceanic zone when migrating between foraging grounds and nesting beaches. No critical habitat has been designated for the green sea turtle in the continental US. RECFIVFn Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 10 JUL 26 2022 DCM-MHD CITY Kemp's Ridley Sea Turtle Kemp's ridley turtles (Lepidochelys kempii) occur primarily in coastal waters of the Gulf of Mexico and the western North Atlantic Ocean. Data indicate that adults utilize coastal habitats of the Gulf of Mexico and the southeastem United States. Adults inhabit nearshore waters and are commonly found over crab -rich sandy or muddy bottoms. Nesting is limited primarily to the northeastern coast of Mexico, although rare nesting events have been recorded from the southeastern United States. Hatchlings migrate to the oceanic zone where they are carried by currents into various areas of the Gulf of Mexico and the North Atlantic Ocean. At approximately two years of age, juveniles leave the oceanic zone and move to coastal benthic habitats in the Gulf of Mexico and the Atlantic Ocean along the eastern United States. During this stage, juveniles occupy protected coastal waters such as bays, estuaries, and nearshore waters that are less than 165 ft. deep. Juveniles utilize a wide range of bottom substrates, but apparently depend on an abundance of crabs and other invertebrates (NMFS and USFWS 2007c). Leatherback Sea Turtle The leatherback turtle (Dermochelys coriacea), federally endangered, occurs in all oceans of the world and has the largest geographic range of any turtle. Nesting occurs on beaches throughout tropical and subtropical regions, and foraging turtles are distributed north and south into sub -polar regions. Major nesting areas in the western North Atlantic Ocean and Caribbean Sea include Florida, St. Croix, the United States Virgin Islands, Puerto Rico, Costa Rica, Panama, Columbia, Trinidad and Tobago, Guyana, Surinam, and French Guiana. Adults and sub -adults migrate seasonally to foraging areas in the northern latitudes, and during the summer and fall; the highest densities of leatherback turtles in the north Atlantic are located in Canadian waters (NMFS and USFWS 2007e). Although leatherback turtles are commonly known as highly pelagic animals, recent telemetry studies have documented high use foraging sites in continental shelf and slope waters (James at al. 2005). Leatherback turtles undertake extensive migrations between northern foraging grounds and tropical and subtropical nesting beaches. Little is known of the distribution and developmental habitat requirements of hatchling, juvenile, and sub -adult leatherback turtles (NMFS and USFWS 2007e). Hawksbill Sea Turtle Hawksbill turtles (Eretmochelys imbricate), federally endangered, are distributed circumglobally in tropical, and to a lesser extent, subtropical waters of the Atlantic, Indian, and Pacific Oceans. Nesting occurs on ocean beaches throughout the tropics and subtropics. In the continental United States, hawksbill turtles have been reported from all of the Gulf States and along the east coast as far north as Massachusetts; however, sightings north of Florida are rare. Major nesting areas in the western North Atlantic Ocean include the insular Caribbean, the Yucatan Peninsula in Mexico, and Panama. Nesting in the continental United States is primarily restricted to the southeastern coast of Florida and the Florida Keys (NMFS and USFWS 1993). Hatchlings are carried by ocean currents to the oceanic zone where they reside in major ocean gyres. Once a carapace length of eight to 12 inches is reached, juveniles leave the oceanic zone and move to nearshore habitats. Juveniles and adults are most commonly associated with coral reef habitats; however, additional habitats may include other hardbottom habitats, seagrass beds, algal beds, mangrove bays and creeks, or mud flats. As immature turtles increase in size, they occupy a series of habitats, with larger turtles showing some preference for deeper sites. Post pelagic juveniles and adults utilize a variety of food items that include sponges and other invertebrates, Biological Assessment RECEIVED Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 11 'JUL 2 6 2022 M fIRA RAun A�iry as well as marine macroalgae (NMFS and USFWS 2007d). Hawksbill sea turtles are rare in NC waters (Epperly et al. 1995a) and are primarily associated with coral reef habitats (NMFS and USFWS 2007c). Coral reef habitats along the NC coast are restricted to deep offshore waters >20 miles from shore (Maclntyre and Pilkey 1969, Maclntyre 2003). 4.2.2 Occurrence in the Action Area Loggerhead, Green, and Kemps Ridley North Carolina's sounds and estuaries provide important developmental and foraging habitats for post -pelagic juvenile loggerhead, green, and Kemp's ridley turtles. Most of the information regarding the inshore distribution of marine turtles in North Carolina has been generated by studies in the Pamlico -Albemarle estuarine complex, where large numbers of loggerhead, green, and Kemp's ridley turtles are incidentally captured each year during commercial fishing operations. All three species are represented primarily by juveniles, with few reported captures of older juveniles and adults (Epperly et al. 2007). Juveniles of all three species move inshore during the spring and disperse throughout the sounds during the summer. Juveniles leave the sounds and move offshore during the late fall and early winter. Aerial surveys have shown a strong relationship between turtle sea distribution and sea surface temperature. Goodman et al. (2007) conducted aerial turtle surveys and sea surface temperature monitoring in Core Sound, Pamlico Sound, and adjacent nearshore ocean waters from July 2004 to April 2006. All but one of the 92 turtle observations occurred in waters where sea surface temperatures were above 11 degrees Celsius (°C). All sightings in the sounds occurred between 16 April and 20 November, and all sightings in the nearshore ocean occurred between 23 April and 27 November. The winter distribution of turtles offshore of Cape Hatteras was also correlated with sea surface temperatures above 11°C (Epperly et al. 1995c). In a similar study by Coles and Musick (2000), turtle distribution offshore of Cape Hatteras was restricted to sea surface temperatures >_13.3°C. Leatherback and Hawksbill The leatherback sea turtle is primarily a pelagic species of deep, offshore waters. Leatherbacks are known to occur in nearshore ocean waters during certain times of the year, but rarely enter interior estuarine waters. Epperly et al. (1995b) reported the appearance of significant numbers of leatherback turtles in nearshore ocean waters during May, coincident with the appearance of jellyfish prey. Aerial surveys by Goodman et al. (2007) along the Outer Banks coastline recorded only one leatherback in the nearshore ocean during the summer. Epperly et al. (1995a) reported the occurrence of three leatherback turtles in Core and Pamlico Sounds during December 1989. Hawksbill sea turtles are rare in NC and they rarely enter estuarine waters (Epperly et al. 1995a). A total of nine hawksbill turtle stranding incidents were reported along North Carolina beaches between 1998 and 2009 (Seaturtle.org 2011). Strandings were reported during the months of January, March, April, and November. Epperly et al. (1995b) reported the incidental capture of one hawksbill turtle in Pamlico Sound. Biological Assessment -- Newport River Barge Fleeting Area Expansion 12 JUL 26 2022 Cordy and Associates Inc. July 2022 DCM-MHD CITY Loggerhead Nearshore Reproductive Critical Habitat Nearshore ocean waters along Bogue Banks from the MHW line out to 1.6 kilometers (km) are designated as nearshore reproductive critical habitat for the loggerhead sea turtle (Figure 4). Nearshore marine critical habitat units represent reproductive habitat along nesting beaches that is used by hatchlings for egress to the open ocean and by nesting females for movements between beaches and the open ocean during the nesting season. Critical nearshore reproductive habitat PCEs include: 1) nearshore waters directly off the highest density nesting beaches and their adjacent beaches, 2) waters sufficiently free of obstructions and artificial lighting to allow transit through the surf zone to open water, and 3) waters with minimal manmade structures that could promote predators, disrupt wave patterns necessary for orientation, and/or create excessive longshore currents (79 FR 39855). 4.2.3 Factors Affecting the Species Threats that are common to all marine turtle species in estuarine and marine environments include fisheries by -catch, vessel strikes, marine debris ingestion or entanglement, and entrainment by hydraulic dredges (NMFS and USFWS 2007a-e). Threats associated with fisheries by -catch include entrapment in trawls and entanglement in a wide variety of other fishing gear. Shrimp trawling is the most detrimental fishing practice and the greatest overall anthropogenic cause of loggerhead turtle mortality. Mortality associated with shrimp trawling is estimated to be ten times that of all other anthropogenic activities combined. Vessel strikes are also a common cause of turtle mortality. Of all loggerhead turtle strandings that were reported from 1997 through 2005, 14.9% exhibited signs of vessel strikes. Marine turtles are vulnerable to direct injury by hopper dredges as a result of being entrained in the dredge intake pipe during the sediment extraction process. The Wilmington District USACE reported takes of 30 loggerhead, four Kemp's ridley, and three green sea turtles by hopper dredges in the vicinity of Wilmington Harbor from 1992-2013 (USAGE 2016). Most of the reported takes in the vicinity of Morehead City Harbor (MCH) occurred during late November through mid -December and mid - March through April. Takes of hawksbill and leatherback sea turtles by dredges have not been reported along the southeastern US coast. Hawksbill sea turtles are rare in NC waters (Epperly et al. 1995a) and are primarily associated with coral reef habitats (NMFS and USFWS 2007c). Coral reef habitats along the NC coast are restricted to deep offshore waters >20 miles from shore (Maclntyre and Pilkey 1969, Maclntyre 2003). Biological Assessment RECEIVED Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 13 UUL 2 6 2022 Figure 4. Loggerhead Turtle Critical Habitat RECEIVED Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion 14 'JUL 2 6 2022 July 2022 DCM-MHD CITY 4.2.4 Effects of the Proposed Action on Sea Turtles This assessment considers potential effects on sea turtles that may occur through the following impact mechanisms: physical interactions with dredging equipment, physical disturbance and modification of benthic foraging habitat within the dredging footprint, and sediment suspension and redeposition. 4.2.4.1.1 Dredge Interactions The proposed dredging window of 1 October - 31 January encompasses periods of warmer water temperatures (October and November) when loggerhead, green, and Kemps ridley sea turtles are likely to be present in the vicinity of the action area. Construction and maintenance of the barge fleeting expansion area would employ hydraulic pipeline (cutterhead) and/or mechanical bucket dredges. Sea turtle takes by cutterhead dredges have not been reported along the southeastern US coast, and only one take by a mechanical dredge has been reported over the past several decades (NMFS 2012). In prior separate consultations with the Wilmington District, NMFS has made the determination that hydraulic cutterhead and mechanical navigation dredging activities are not likely to adversely affect sea turtles (NMFS 2012). Therefore, it is expected that the risk of sea turtle -dredge interactions resulting in injury or mortality would be negligible. 4.2.4.1.2 Impacts on Benthic Foraging Habitat Based on a review of NCDMF benthic habitat maps, there are no SAV or shell bottom habitats in the immediate vicinity of the proposed new dredging area. New dredging would directly impact 3.0 acres of potential soft bottom foraging habitat in the barge fleeting expansion area. Existing bottom depths ranging from -4 to -13 ft MLLW would be increased to -14 ft MLLW. Initial construction and subsequent maintenance dredging events would remove the existing benthic infaunal invertebrate community, thereby temporarily reducing the availability of potential prey for sea turtles. However, studies of benthic community recovery in shallow estuarine navigation channels along the southeastern coast have reported rapid recovery within two to six months (Van Dolah at al. 1984 and 1979, Stickney and Perlmutter 1975, and Stickney 1972). These studies indicate that recolonization via slumping of adjacent undisturbed sediments into the dredged channel is an important recovery mechanism. Van Dolah et al. (1984) also attributed relatively rapid recovery to rapid infilling by sediments that were similar in composition to the extracted material and avoidance of spring benthic invertebrate recruitment periods. Existing surficial sediments in the new dredging footprint are part of a uniform fine sand layer that extends to a depth of -45 ft MLLW, thus the proposed action would not be expected to alter sediment composition. Maximum bottom depth increases of —10 feet would not be expected to alter benthic community composition within the new dredging area. The proposed project construction and maintenance window (01 October - 31 January) would avoid peak benthic invertebrate recruitment periods; thus facilitating relatively rapid recovery with the onset of spring recruitment. 4.2.4.1.3 Sediment Suspension Dredging -induced sediment suspension and associated increases in turbidity may affect sea turtle behaviors such as foraging and habitat selection. As previously described, the sediments to be excavated from the new dredging area consist predominantly of relatively coarse sands that would Biological Assessment Newport River Barge Fleeting Area Expansion Cordy and Associates Inc. July 2022 15 UUL 26 2071 DCM-MHD CITY resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead, bucket, or water injection dredge would primarily be confined to the immediate vicinity of the new dredging footprint. Furthermore, it is expected that suspended fine sediments would be rapidly dispersed by currents in the contiguous AIWW navigation channel, thus limiting the duration of any behavioral effects on sea turtles. 4.2.5 Conservation Measures The following conservation measures would be implemented to avoid or minimize potential effects sea turtles: • Construction and maintenance dredging would be conducted within a 1 October to 31 January project window. • Water injection dredging (WID) would be conducted only on falling tides. • Good Engineering Practices (GEPs) and Best Management Practices (BMPs) would be applied to all dredging activities. • Dredged material delivery pipelines would be routinely inspected for pressurized leaks, and any leaks that are found would be immediately repaired. • Dredging contractors would be required to maintain spill control plans and waste management plans for all dredging fleet equipment. 4.2.6 Determination of Effect Loggerhead, Green, Kemps Ridley, Leatherback, and Hawksbill Sea Turtles The proposed dredging window of 1 October - 31 January encompasses periods of warmer water temperatures (October and November) when all five listed sea turtles could potentially occur in the vicinity of the action area. However, the risk of direct injury to sea turtles from dredging is considered negligible, and the proposed action would have only minor short-term effects on potential foraging habitats and water quality. Therefore, it is determined that the proposed action may affect, but is not likely to adversely affect the loggerhead, green, Kemps ridley, leatherback, and hawksbill sea turtles. Loggerhead Nearshore Reproductive Critical Habitat Nearshore reproductive critical habitat for the loggerhead sea turtle is located -3 miles from the proposed new dredging area along the oceanfront shoreline of Atlantic Beach. Therefore, it is determined that the proposed action would have no effect on nearshore reproductive critical habitat for the loggerhead sea turtle. Biological Assessment RECEIVED Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 16 'JUL 2 6 2022 r%f%&I •A..1 -. . 5.0 REFERENCES Atlantic Sturgeon Status Review Team (ASSRT). 2007. Status Review of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus). Report to National Marine Fisheries Service, Northeast Regional Office. February 23, 2007. 174 pp. Armstrong, J.L. and J.E. Hightower. 1999. Potential for restoration of the Roanoke River population of Atlantic sturgeon. Applied Ichthyology 18:475-480. Coles, C.C. and J.A. Musick. 2000. Satellite Sea Surface Temperature Analysis and Correlation with Sea Turtle Distribution off North Carolina. Copeia 2000: 551-554. Collins, M.R., D.C. Walling, L.E. Zimmerman, R.F. Van Dolah. 2000. Savannah Harbor Biological Monitoring: Fish, Shellfish, and Benthos. Final report to U.S. Environmental Protection Agency, Atlanta, GA. Epperly, S.P., J. Braun, and A.J. Chester. 1995a. Aerial surveys for sea turtles in North Carolina inshore waters. Fishery Bulletin 93: 254-261. Epperly, S.P., J. Braun, and A. Veishlow. 1995b. Sea turtles in North Carolina waters. Conservation Biology 9: 384-394. Epperly, S.P., J. Braun, A.J. Chester, E.A. Cross, J.V. Merriner, and P.A. Tester. 1995c. The winter distribution of sea turtles in the vicinity of Cape Hatteras and their interactions with the summer flounder trawl fishery. Bull. Mar. Sci. 56: 547-568. Epperly, S.P., J. Braun -McNeill, and P.M. Richards. 2007. Trends in catch rates of sea turtles in North Carolina, USA. Endangered Species Research 3: 283-293. Goodman, M.A., J.B. McNeill, E. Davenport, and A.A. Hohn. 2007. Protected species aerial survey data collection and analysis in waters underlying the R-5306A Airspace: Final report submitted to U.S. Marine Corps, MCAS Cherry Point. NOAA Technical Memorandum NMFSSEFSC-551. Kirby -Smith, W.W. and J.D. Costlow. 1989. The Newport River Estuarine System. Duke University Marine Laboratory, Beaufort, NC. Laney, R.W., J.E. Hightower, B.R. Versak, M.F. Mangold, W.W. Cole Jr, S.E. Winslow. 2007. Distribution, habitat use, and size of Atlantic sturgeon captured during cooperative winter tagging cruises, 1988-2006. Am. Fish. Soc. Symp. 56, 167-182. LaSalle, M.W., D.G. Clarke, J. Homziak, J.D. Lunz, and T.J. Fredette. 1991. A framework for assessing the need for seasonal restrictions on dredging and disposal operations. Technical Report D-91-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS. Biological Assessment Newport River Barge Fleeting Area Expansion Cordy and Associates Inc. July 2022 17 JUL 2 6 2022 DCM-MHD CITY Maclntyre, I.G. 2003. A Classic Marginal Coral Environment: Tropical Coral Patches off North Carolina, USA. Coral Reefs 22: 474. Maclntyre, I.G. and O.H. Pilkey. 1969. Tropical Reef Corals: Tolerance of Low Temperatures on the North Carolina Continental Shelf. Science 166: 374-375. Michel, J., A.C. Bejarano, C.H. Peterson, and C. Voss. 2013. Review of biological and biophysical impacts from dredging and handling of offshore sand. OCS Study BOEM 2013-0119 Herndon, Virginia: U.S. Department of the Interior, Bureau of Ocean Energy Management. Moser, M.L. and S.W. Ross. 1995. Habitat use ad movements of shortnose and Atlantic sturgeons in the Lower Cape Fear River, North Carolina. Transactions of the American Fisheries Society 124:225-234. National Marine Fisheries Service (NMFS). 2020. South Atlantic Regional Biological Opinion for Dredging and Material Placement Activities in the Southeast United States. NMFS. 2012. Endangered and Threatened Wildlife and Plants; Final Listing Determinations for Two Distinct Population Segments of Atlantic Sturgeon (Acipenser oxyrinchus oxyrinchus) in the Southeast. 77 FR 5914. NMFS. 1998. Recovery Plan for Shortnose Sturgeon, Acipenser brevirostrum. Prepared by the Shortnose Sturgeon Recovery Team for the National Marine Fisheries Service, Silver Spring, Maryland. 104 pp. NMFS and United States Fish and Wildlife Service (USFWS). 2008. Recovery Plan for the Northwest Atlantic Population of the Loggerhead Sea Turtle (Caretta caretta), Second Revision. National Marine Fisheries Service, Silver Spring, MD and U.S. Fish and Wildlife Service. Atlanta, GA. NMFS and USFWS. 2007a. Loggerhead Sea Turtle (Caretta caretta) 5-Year Review: Summary and Evaluation. National Marine Fisheries Service, Office of Protected Resources, Silver Spring, MD and U.S. Fish and Wildlife Service, Southeast Region, Jacksonville Ecological Services Field Office, Jacksonville, FL. NMFS and USFWS. 2007b. Green Sea Turtle (Chelonia mydas) 5-Year Review: Summary and Evaluation. National Marine Fisheries Service, Office of Protected Resources, Silver Spring, MD and U.S. Fish and Wildlife Service, Southeast Region, Jacksonville Ecological Services Field Office, Jacksonville, FL. NMFS and USFWS. 2007c. Kemp's Ridley Sea Turtle (Lepidochelys kemph) 5-Year Review: Summary and Evaluation. National Marine Fisheries Service, Office of Protected Resources, Silver Spring, MD and U.S. Fish and Wildlife Service, Southwest Region, Albuquerque, NM. NMFS and USFWS. 2007d. Hawksbill Sea Turtle (Eretmochelys imbricata) 5-Year Review: Summary and Evaluation. National Marine F0rjtq�ice, Office of Protected Biological Assessment Newport River Barge Fleeting Area Expansion 4�I Cordy and Associates Inc. JUL 2 s -- C July 2022 18 DCM-MHD CITY Resources, Silver Spring, MD and U.S. Fish and Wildlife Service, Southeast Region, Jacksonville Ecological Services Field Office, Jacksonville, FL. NMFS and USFWS. 2007e. Leatherback Sea Turtle (Dermochelys coriacea) 5-Year Review: Summary and Evaluation. National Marine Fisheries Service, Office of Protected Resources, Silver Spring, MD and U.S. Fish and Wildlife Service, Southeast Region, Jacksonville Ecological Services Field Office, Jacksonville, FL. NMFS and USFWS. 1993. Recovery Plan for Hawksbill Turtles in the U.S. Caribbean Sea, Atlantic Ocean, and Gulf of Mexico. National Marine Fisheries Service, St. Petersburg, FL. Oakley, N.C. and J.E. Hightower. 2007. Status of shortnose sturgeon in the Neuse River, North Carolina. American Fisheries Society Symposium 56:273-284. Quattro, J.M., T.W. Greig, D.K. Coykendall, B.W. Bowen, and J.D. Baldwin. 2002. Genetic issues in aquatic species management: the shortnose sturgeon (Acipenser brevirostrum) in the southeastern United States. Conservation Genetics 3: 155-166. Ross, S.W., F.C. Rohde, and D.G. Lindquist. 1988. Endangered, threatened, and rare fauna of North Carolina, part 2. A re-evaluation of the marine and estuarine fishes, North Carolina Biological Survey, Occasional Papers 1988-7 Raleigh, North Carolina. Seaturtle.org. 2017. Sea turtle rehabilitation and necropsy database, North Carolina stranding reports. On-line: http://www.seaturtle.org. Schroeder, P.R. 2009. USACE Technical Guidelines for Practicing the 3R's of Environmental Dredging. Proceedings of the Western Dredging Association Twenty-ninth Technical Conference and 40th Annual Texas A&M Dredging Seminar, Tempe, AZ, June 2009. Shortnose Sturgeon Status Review Team (SSSRT). 2010. A biological assessment of shortnose sturgeon (Acipenser brevirostrum). Report to National Marine Fisheries Service, Northeast Regional Office. Stickney, R. 1972. Effects of Intracoastal Waterway Dredging on Ichthyofauna and Benthic Macro- Invertebrates. Technical Report Series. No 72-4. Skidaway Institute of Oceanography, Savannah, GA. July 1972 60 pp. Stickney, R. and D. Perlmutter. 1975. Impact of Intracoastal Waterway maintenance dredging on a mud bottom benthos community. Biol Consery 01/1975; 7(3):211-225. United States Army Corps of Engineers (USACE). 2016. Sea Turtle Protection and Data Warehouse. Available at: http://el.erdc.usace.army.mil/seaturtles/. USACE. 2014. Section 7(a)(2) and 7(d) Endangered Species Act Jeopardy Analysis of the Effect on Atlantic Sturgeon of Navigation Channel Maintenance Dredging and Dredging of Offshore Borrow Sources for Beach Sand Placement on the South Atlantic Coast (21 April 2014). USACE, South Atlantic Division, Atlanta, GA. Biological Assessment Newport River Barge Fleeting Area Expansion Dial Cordy and Associates Inc. July 2022 19 JUL 26 2022 DCM-MHD CITY Van Dolah, R.F., D.R. Calder, D.M. Knott, and M.S. Maclin. 1979. Effects of dredging and unconfined disposal on macrobenthic communities in Sewee Bay, South Carolina. Tech. Rep. 39. South Carolina Marine Resources Center, Charleston, SC. Van Dolah, R.F., D.R. Calder, and D.M., Knott. 1984. Effects of dredging and open water disposal on benthic macroinvertebrates in a South Carolina estuary. Estuaries 7:28-37. Welp, T.L., M.W. Tubman, D.A. Wilson, and C.E. Pollock. 2017. Water Injection Dredging. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Wilber, D.H., W. Brostoff, D.G. Clarke, and G.L. Ray. 2005. Sedimentation: Potential biological effects from dredging operations in estuarine and marine environments. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Wirgin, I., C. Grunwald, E. Carlson, J. Stabile, D.L. Peterson, and J. Waldman. 2005. Range - wide population structure of shortnose sturgeon, (Acipenser brevirostrum), based on sequence analysis of the mitochondrial DNA control region. Estuaries Vol. 28(3): 406- 421. Biological Assessment RECEIVEDDiai Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 20 JUL 26 2022 nrAA •Aun nwry Name of Property Owner Requesting Permit: North Carolina State Ports Authority Mailing Address: PO Box 9002 Wilmington, NC 28402 Phone Number: (910) 251-5687 Email Address: todd.walton@ncports.com I certify that I have authorized James Hargrove and Steve Dial of Dial Gordy and Associates Inc. , Agent I Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Exoansion of the northern barge fleeting area at my property located at 113 Arendell St in Carteret County. I furthermore certify that l am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature Todd C Walton Print or Type Name Sr Environmental Supervisor Title 06 / 29 12022 Date This certification is valid through 12/ 31 / 2022 RECEIVED JUL 2 6 2022 DCM-MHD CITY DIAL COFZDY AND ASSOCIATES INC /'Filldrl Nlrl -twil ClNISWKr/lts 201 N. Front Street Suite 307 Wilmington, NC 28401 (910) 251-9790 Fax (910) 251-9409 July 14, 2022 Heather Styron Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Ave Morehead City, NC 28557 Subject: Port of Morehead City Northern Barge Fleeting Area Expansion, CAMA Major Permit Modification (# 120-13) Dear Heather Styron, On behalf of the North Carolina State Ports Authority, Dial Cordy and Associates Inc. is pleased to submit this CAMA Major Permit modification (# 120-13) to the Division of Coastal Management for review and permit issuance. The Port at Morehead City is requesting a modification to the CAMA Major Permit (120-13) to expand the footprint of the existing northern barge fleeting area. The existing fleeting area encompasses 2.0 acres along the western margin of the Atlantic Intracoastal Waterway (AIWW). The authorized depth of the existing facility matches that of the AIWW at -14 ft MLLW (12 + 2 ft of over dredge). A series of six steel pile mooring piles are currently installed within the fleeting area. The proposed action would expand the existing facility westward by dredging an additional 2.0 acres of subtidal bottom to a depth of -14 ft MLLW (12 + 2 ft of over dredge). An additional 1.0 acre of new dredging would be required to construct a transitional 3:1 slope along the western margin of the 2.0-acre expansion area. In total, the proposed action would require 3.0 acres of new dredging and the removal of an estimated 35,000 cy of material. No new mooring structures are proposed, as the existing mooring piles are sufficient to accommodate additional barges in the expansion area. The depth of the expansion area would be maintained through periodic maintenance dredging expected to occur once every 2-5 years using the currently permitted NCSPA water injection dredge. Existing depths in the proposed new dredging area range from - 4 to -14 ft MLLW. Construction of the barge fleeting expansion area would employ hydraulic pipeline (cutterhead) dredges and/or mechanical bucket dredge and scow systems. Dredged material would be placed in one of the existing Port -owned confined disposal facilities; which include the Marsh Island, Brandt Island, and North Radio Island disposal areas. Disposal operations for cutterhead dredging would involve direct hydraulic delivery to the disposal area via floating and/or submerged pipeline. In the case of mechanical dredging, disposal would involve the transport of dredged material via scow to the disposal area for placement via mechanical means or hydraulic offloading. RECEIVED JUL 2 6 2022 DCM-AA,Hr) CITY Included with this letter are the following documents for your review and consideration: MP1, MP2 forms and the project narrative for the proposed permit modification to CAMA Major Permit (# 120-13). Riparian land owner notification forms and project descriptions were mailed via certified letter to the USACE and Morehead City Yacht Club. Also available are the Essential Fish Habitat Assessment (EFH) and Biological Assessment (BA). The EFH and BA will be delivered to the USACE Wilmington District office in paper and digital form. We look forward to working with you to complete the proposed permit modification. Enclosure CC: Todd Walton, NCSPA Liz Hair, USACE, Wilmington District Heather Coats, NCDCM Sincerely, Dial Coorrddy and Associates Inc. R. Steve Dial President RECEIVED JUL 26 2022 DCM-MHI) CITY NORTH CAROLINA STATE PORTS AUTHORITY PORT OF MOREHEAD CITY NORTHERN BARGE FLEETING AREA EXPANSION JUNE 2022 PROJECT NARRATIVE Proposed Action The Proposed Action by the North Carolina State Ports Authority (NCSPA) at the Port of Morehead City is to modify the existing Coastal Area Management Act (CAMA) Major Permit 120- 13 to expand the current dredge footprint of the northern barge fleeting area. The north barge fleeting area is located in the Newport River at the Port of Morehead City (Port) in Carteret County, North Carolina (NC). The north fleeting area is a temporary mooring facility for loaded barges that are awaiting waterborne transport to inland destinations. Barge fleeting activity at the Port is primarily associated with the transport of imported iron (direct reduced iron and pig iron) to the Hertford Steel plant on the Chowan River in Cofield, NC. Iron imports at the Port have doubled over the last several years; resulting in increased demand for barge fleeting capacity. The proposed action would expand the north barge fleeting area from 2 to 4 acres, thereby accommodating an additional 4 to 6 loaded barges. Description of the Proposed Action The north barge fleeting area is located in the Newport River —600 feet north of the northeast corner of the Port terminal facility (Figure 1). The existing fleeting area encompasses 2.0 acres along the western margin of the Atlantic Intracoastal Waterway (AIWW). The authorized depth of the existing facility matches that of the AIWW at -14 ft MLLW (12 + 2 ft of over dredge). A series of six steel pile mooring piles are currently installed within the fleeting area. The proposed action would expand the existing facility westward by dredging an additional 2.0 acres of subtidal bottom to a depth of -14 ft MLLW (12 + 2 ft of over dredge) (Figure 2). An additional 1.0 acre of new dredging would be required to construct a transitional 3:1 slope along the western margin of the 2.0-acre expansion area. In total, the proposed action would require 3.0 acres of new dredging and the removal of an estimated 35,000 cy of material. No new mooring structures are proposed, as the existing mooring piles are sufficient to accommodate additional barges in the expansion area. The depth of the expansion area would be maintained through periodic maintenance dredging expected to occur once every 2-5 years. Existing depths in the proposed new dredging area range from -4 to -14 ft MLLW (Figure 3). The sediments to be removed from the new dredging area are part of a uniform fine sand to silty fine sand layer that extends from the surface to a depth of -45-ft MLLW (Catlin Engineers 2013). Construction of the barge fleeting expansion RFrFIVED Port of Morehead City Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion Ju%2022 1 JJUUL 2 6 2022 DCM-MHr? riry area would employ hydraulic pipeline (cutterhead) dredges and/or mechanical bucket dredge and scow systems. Dredged material would be placed in one of the existing Port -owned confined disposal facilities, which include the Marsh Island, Brandt Island, and North Radio Island disposal areas. Disposal operations for cutterhead dredging would involve direct hydraulic delivery to the disposal area via floating and/or submerged pipeline. In the case of mechanical dredging, disposal would involve the transport of dredged material via scow to the disposal area for placement via mechanical means or hydraulic offloading. Periodic maintenance of the barge fleeting expansion area would be accomplished by the Port -owned water injection dredge. Water injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment -water mixture known as a density current that flows along the bottom via gravity to deeper areas. A pipe manifold with a series of water injection nozzles is used to inject water into the sediment bed. The use of water injection dredging for maintenance of the Port's existing berths, fleeting areas, and turning basins is currently authorized under the Port's existing CAMA Major Permit. Description of the Action Area The north barge fleeting area is located —3 miles from the Atlantic Ocean in the lower Newport River Estuary between Morehead City and Beaufort in Carteret County, NC. The lower Newport River Estuary is a shallow, tidally -controlled system with an average depth of —3 feet MLLW. Mean tidal range in the lower estuary is 3.1 feet, and salinities approach those of seawater (34 ppt) (Kirby -Smith and Costlow 1989). The proposed new dredging area is located between the AIWW federal navigation channel and the Marsh Island disposal area. The AIWW navigation channel is maintained at a width of 250 feet and depth of 12 + 2 ft MLLW. The Marsh Island disposal area consists of diked uplands that are partially surrounded by unconfined tidal saltmarsh. Benthic habitats within the proposed new dredging area consist of sandy unconsolidated bottom. The surrounding Newport River Estuary contains a complex assemblage of intertidal and shallow subtidal estuarine habitats; including sandy shoals, shellfish beds, submerged aquatic vegetation (SAV) beds, and tidal saltmarsh. Potential Environmental Effects of the Proposed Action A summary of effects on fish and fish habitat within the action area is provided below. An EFH Assessment and a Biological Assessment that have been prepared for the Corps of Engineers are available upon request. Water Column The proposed dredging and maintenance associated with expanding the northern barge fleeting area may have minor effects on the estuarine water column through localized sediment suspension and associated increases in turbidity. The sediments to be excavated from the new dredging area consist predominantly of relatively coarse sands that would resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead or bucket dredge Port of Morehead City Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 z JUL 2 6 2022 DCM-MHD CITY would primarily be confined to the immediate vicinity of the new dredging footprint. Water injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment - water mixture known as a density current that flows along the bottom via gravity to deeper areas. Monitoring results for multiple projects in the US indicate that WID-induced sediment suspension is principally confined to the lower water column within 2 to 5 feet of the bottom (Welp at al. 2017). It is expected that suspended fine sediments would be rapidly dispersed by currents in the contiguous AIWW navigation channel, thus limiting the duration of any adverse effects on water quality and federally managed species. The proposed project construction window of 1 October - 31 January would avoid peak periods of larval ingress and estuarine -dependent juvenile abundance in the vicinity of the action area, thus minimizing the exposure of estuarine and marine fish and invertebrate species to sediment suspension effects. In the specific case of WID, the potential for upstream sediment transport into the New River Estuary would be minimized by conducting WID only on falling tides. Based on these considerations, it is expected that any adverse effects on water quality and estuarine and marine fish and invertebrate species would be minor and short-term. Larval Entrainment In the case of cutterhead pipeline dredging, the proposed action would affect estuarine -dependent fish and invertebrate species by entraining planktonic eggs and larvae that occur in the vicinity of the dredge pipe suction field. However, the results of larval entrainment modeling in Beaufort Inlet indicate that dredge entrainment rates are extremely low regardless of inlet larval concentrations and the distribution of larvae within the water column (Settle 2003). Even under worst case model scenarios when the dredge was assumed to be operating 24 hours/day and all larvae were assumed to be concentrated in the bottom of the navigation channel, projected entrainment rates barely exceeded 0.1% of the daily (24-hour) larval flux through the inlet. The proposed new dredging area is located above Beaufort Inlet in the relatively broad Newport River Estuary where it is expected that the distribution of planktonic eggs and larvae would be relatively diffuse. Furthermore, the proposed project construction window of 1 October - 31 January would avoid the peak larval ingress period at Beaufort Inlet. Based on all of the above considerations, it is anticipated that the effects of egg/larval entrainment on populations of estuarine -dependent fish and invertebrate species would be negligible. Unconsolidated Bottom New dredging would directly impact 3.0 acres of unconsolidated bottom habitat in the barge fleeting expansion area. Existing bottom depths ranging from -4 to -13 ft MLLW would be increased to -14 ft MLLW. Initial construction and subsequent maintenance dredging events would remove the existing benthic infaunal invertebrate community, thereby temporarily reducing the availability of prey for federally managed demersal fishes such as summer flounder and estuarine -dependent species of the snapper -grouper complex. However, studies of benthic community recovery in shallow estuarine navigation channels along the southeastern coast have reported rapid recovery within two to six months (Van Dolah at al. 1984 and 1979, Stickney and Perlmutter 1975, and Stickney 1972). These studies indicate that recolonization via slumping of adjacent undisturbed sediments into the dredged channel is an important recovery mechanism. Van Dolah at al. (1984) also attributed relatively rapid recovery to rapid infilling by sediments that Port of Morehead City RECEIVED Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 3 JUL 26 2022 nro-vwn r 1TV were similar in composition to the extracted material and avoidance of spring benthic invertebrate recruitment periods. Existing surficial sediments in the new dredging footprint are part of a uniform fine sand layer that extends to a depth of -45 ft MLLW, thus the proposed action would not be expected to alter sediment composition. Maximum bottom depth increases of -10 feet would not be expected to alter benthic community composition within the new dredging area. The proposed project construction window (01 October - 31 January) would avoid peak benthic invertebrate recruitment periods; thus facilitating relatively rapid recovery with the onset of spring recruitment. Based on all of the above considerations, it is anticipated that effects on estuarine unconsolidated bottom habitats and associated estuarine and marine fish and invertebrate species would be minor and short-term. Oyster Reefs and Shell Banks NCDMF benthic habitat maps do not identify any shell bottom areas within or immediately adjacent to the proposed new dredging area. Thus, no direct impacts on shell bottom habitats would be expected. The only mapped shell bottom area in the vicinity of the project area is a narrow linear shell bottom feature along the shoreline of Marsh Island -300-ft west of the new dredging footprint. Fine sediments that are suspended by the dredging process may be transported outside of the active dredging area, potentially affecting shell bottom areas through redeposition. Heavy sediment redeposition can impact oysters by inhibiting larval attachment to hard substrates and reducing the respiration and feeding rates of juveniles and adults (Wilber and Clarke 2010). However, according to Colden and Lipcius (2015), eastern oysters that were subjected to experimental sediment deposition did not exhibit significant mortality or sublethal effects until at least 70% of the shell height was buried. As previously described, the sediments to be excavated from the new dredging area consist predominantly of relatively coarse fine sands that would resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead, bucket, or water injection dredge would primarily be confined to the immediate vicinity of the new dredging footprint. Therefore, it is expected that the effects of dredging -induced sediment suspension and redeposition on oyster reefs and associated estuarine and marine fish and invertebrate species would be minor and short-term. Submerged Aquatic Vegetation (SAV) NCDMF SAV maps do not identify any SAV within or immediately adjacent to the proposed new dredging area. Thus, no direct impacts on SAV would be expected. Small patches of SAV are identified along the western shoreline of Marsh Island opposite the proposed dredging area (Figure 4). Fine sediments that are suspended by the dredging process may be transported outside of the active dredging area, potentially affecting SAV through increases in turbidity and/or sediment redeposition. However, as previously described, it is anticipated that the predominance of relatively coarse sand in the new dredging area would limit sediment suspension to the immediate vicinity of the active work area. Therefore, it is expected that any adverse effects on SAV and associated estuarine and marine fish and invertebrate species from dredging -induced sediment suspension and redeposition would be minor and short-term. State -Designated Fish Nursery Areas Port of Morehead City Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 IUL 26 2022 DCM-MHD CITY There are no Primary Nursery Areas (PNAs) or Secondary Nursery Areas (SNAs) in the immediate vicinity of the proposed new dredging area. Designated PNAs that are nearest to the proposed new dredging area are located -1.3 miles to the northwest in small tributaries of the Newport River (Calico Creek and Crab Point Bay) (Figure 5). The nearest additional PNAs and SNAs are located in the Newport River -4 miles upstream of the proposed new dredging area. No effects on PNAs or SNAs are anticipated. Port of Morehead City Northern Barge Fleeting Expansion Dial Gordy and Associates Inc. June 2022 5JUL 26 2022 DCM-MHD CITY BOGUE SOUND r 0 « P O A r' ..w r Y F 9 ao„ q a LOgN1011 / N 0 y p ' e ker f_���_•S�.re ' C Jys.f r1 Z +rcm n n eu,Ywn � - y 1 A 'A nSP Sy yr Y r a a ,a n tl 9 r � tl N N'n\� v. w.. 'r • v a r r 'y •, .. .. rP • �? rY arr wlsnrCrtoeaw r rar ; r� tl Y n t1 � n i Q � yy powaxratwrq bY� rL Q Go ' I • f• y M Y Figure 1. Project Location and Proposed Action Area Port of Morehead City Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 s JUL 26 2022 DCM-MHD CITY Figure 12. North Barge Fleeting Area Expansion Layout Port of Morehead City REC;L!VED Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 7 JUL 26 2022 DCM-MHD CITY N] A-l4 BathyrretricProfile Graph B - B' Bathyrretric Profile Graph o_ Distance (flee) — Profile Location 1ft Contour (MLLN Barge Fleeting Area Elevation(MLLW) ® F)isting Fleeting Nea Value ® Proposed Fleeting Nee High:-2 O Proposed 3:1 Sole Low : -30 F_daainp B.thyrn.hy Pto61. Proposed B.tlym.try RaNs C - C' Bathynetric Profile Graph _6 Eldseny BWrymllty Prob -e 10 Proposed Betlrynaaey Rdl. 12 31 14 9 Ra 18 Propoxe Fleeunp Mea EnIDnB fleekp Area 0 50 10D 150 200 250 300 Distance (feet) e 0 180 300 450 B00 Feet Figure 3. Northern Barge Fleeting Expansion Area —Existing and Proposed Bathymetry RECEIVED Port of Morehead City Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 a JUL 2 6 2022 DCM-MHD CITY hR cishe. St sit ad City ego cry. Morehead Lty earho, o/r 6/14/2022 1:23,222 0 0.15 0.3 0.6 mi — NC SAV Mosaic 1981 to 2015 r�T '�1 — — — — — 0 0.25 05 1 Mm Barge Fleeting Expansion Area wu,. Er, A—a5 Ub NNu WS.0 Ef.Yli. M P ,, NoEA .s. os. xue GeuYbalNrbe�. n�.sn � o.re, aav,. mup W Ie G15 uxrr ^M 9y¢f: Fail, 1EAE, CfmF. fa0 MOM. Y543. C 1W Cu^^aW Figure 4. NCDMF SAV Map Port of Morehead City R E C PH : ' -- Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 9 JUL 2 6 Z022 DCM-MHD rITY s Village ae n` Ca c 4 9 Ar'Y C/46 z Ao: a ney Crab Point clot, N it o• Mi2haeNtlSmith lot s Steep Pine oou ,t [Fork Morehead City m Beaufort e � Morehead City e Harbor Front 5, �o m` - Bock Sountl e Money /slantl Atlantic Beach Boy 6/14/2022 1:60.112 FNANCDMF- FisheryNurseryAreas ^. 0.42 0.85 17mi 0 os 1 z ua - Primary Nursery Areas Secondary Nursery Areas Smcea. Ev I..da Gs. u5Gs. NGe. N COIM. N M WEAS Barge Fleeting Expansion Area N`� O3 NM,G�N.sn r• a NGSA. "�1n0 11"" ,il.' Ir M aw GIS —EM 1fPF. fanN. fAO. N. ti l Capn5[ee11Ap cpMpub. aM Ib GISUv CmmuYy Figure 26. State -Designated Fish Nursery Areas Port of Morehead City Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion RECEIVED June 2022 10 'JUL 2 6 2022 References Colden AM, Lipcius RN (2015) Lethal and sublethal effects of sediment burial on the eastern oyster Crassostrea virginica. Mar Ecol Prog Ser 527:105- 117. https://doi.org/10.3354/mepsll244 Kirby -Smith, W.W. and J.D. Costlow. 1989. The Newport River Estuarine System. Duke University Marine Laboratory, Beaufort, NC. Settle, L. 2003. Assessment of potential larval entrainment mortality to hydraulic dredging of Beaufort Inlet. Prepared for USACE-Wilmington District for the Morehead City Harbor Environmental Assessment. May 2003. NOAA/NOS National Centers for Coastal Ocean Science. Stickney, R. 1972. Effects of Intracoastal Waterway Dredging on Ichthyofauna and Benthic Macro- Invertebrates. Technical Report Series. No 72-4. Skidaway Institute of Oceanography, Savannah, GA. July 1972 60 pp. Stickney, R. and D. Perlmutter. 1975. Impact of Intracoastal Waterway maintenance dredging on a mud bottom benthos community. Biol Consery 01/1975; 7(3):211-225. Van Dolah, R.F., D.R. Calder, and D.M. Knott. 1984. Effects of dredging and open -water disposal on benthic macroinvertebrates in a South Carolina estuary. Estuaries 7, 28-37. Van Dolah, R.F., D.R. Calder, D.M. Knott, and M.S. Maclin. 1979. Effects of dredging and unconfined disposal of dredged material on benthic macroinvertebrate communities in Sewee Bay, SC. Marine Resources Center Technical Report 39. Charleston, SC. Welp, T.L., M.W. Tubman, D.A. Wilson, and C.E. Pollock. 2017. Water Injection Dredging. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Wilber, D.H., W. Brostoff, D.G. Clarke, and G.L. Ray. 2005. Sedimentation: Potential biological effects from dredging operations in estuarine and marine environments. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Port of Morehead City Northern Barge Fleeting Expansion RECEIVED Dial 11 'JUL 2 6 2022 nr�A A.,t tm and Associates Inc. June 2022 James Hargrove From: Perry, John M <John.Perry@ncdenr.gov> Sent: Wednesday, July 6, 2022 3:03 PM To: Todd Walton Cc: James Hargrove Subject: RE: Northern Barge Fleeting Area Expansion- Port of Morehead City Thank you Todd. I will be on the lookout for the application in 30 days. John Perry Environmental Specialist II Division of Water Resources Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Office: (910) 796-7341 Cell: (910) 617-9577 From: Todd Walton <todd.walton@ncports.com> Sent: Wednesday, July 6, 2022 2:56 PM To: Perry, John M <John.Perry@ncdenr.gov> Cc: James Hargrove <jhargrove@dialcordy.com> Subject: Northern Barge Fleeting Area Expansion- Port of Morehead City Good afternoon John, I would like to submit a Pre -filing Notice for the following project: Project Name: Northern Barge Fleeting Area Expansion Project Owner: NC State Ports Authority - Port of Morehead City Project Owner's Address: mailing: PO Box 9002 Wilmington NC 28402. Project address 113 Arendell St, Morehead City NC 28557 Project County: Carteret Type of project/Approval Sought: Dredging/ GP291 Anticipated Impacts: new dredging of —3 acres on the west side of the existing barge fleeting area. I have attached the project narrative that has drawings and maps within it. Please let me now if any additional information is needed. Thanks, RECEIVED 'JUL 2 6 2022 DCM-MHD CITY Todd C. Walton NORTH CAROLINA PORTS Senior Environmental Analyst 910-746-6460 Direct 800-336-2405 Toll Free ncoorts.com Email to and from this address is public record and may be disclosed to authorized third parties. RECEIVED IJUL 26 2022 DCIt,4-njurt r-1ry Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 560 Width 415 Avg. Existing -4to-14 NA NA Depth MLLW Final Project 14 MLLW NA NA Depth 11. EXCAVATION ❑This section not applicable K11 In or cubic yards. It is expected that the proposed project will remove approximately 35,000 cubic yards of course material from the 3 acre footprint. b. Type of material to be excavated. Unconsolidated fine grained sediment c. (i) Does the area to be excavated include coastal wetlandstmarsh d. (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 (it) Describe the purpose of the excavation in these areas: The purpose of excavating this area is to expand the existing northern barge fleeting area to aommadate mooring additional barges. High -ground excavation in cubic yards. NA RECEIVED JUL 26 2022 DCM-MHD CITY 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Marsh Island, Brant Island, or Northern Radio Island No current demension data is available for the potential disposal areas are contenders for the material depending disposal sites. on the available space at Marsh Island. Marsh Island is the closest in proximity and therefore the expected disposal site. c. (1) Do you daim title to disposal area? ®Yes ❑No ❑NA (it) If no, attach a letter granting permission from the owner. d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA (it) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes ®No ❑NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (11) If yes, how much water area is affected? ❑CW _ ❑SAV ❑SB _ 252-BGS-2808 :: 1-888.4RCOA3T :: www.nccoastalmanamement.net revised: 12126/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) OWL _ ®None (ii) Describe the purpose of disposal in these areas: 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: ❑Bulkhead ❑Riprap ❑BreakwaterlSill ❑Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill Other i. Source of fill material. b. Length: Width: d. Maximum distance waterward of NHW or NWL: f. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the (it) Amount of material to be placed in the water _ number of square feet affected. (iii) Dimensions of fill area _ ❑CW ❑SAV ❑SB (iv) Purpose of fill OWL ❑None (it) Describe the purpose of the fill in these areas: r 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? The areas proposed for receiving the dredged material are existing It is anticipated that a hydraulic pipeline (cufterhead) dredge will disposal sites that have earthen berms to retain sediment. be used for this project; however, a mechanical dredge could be used and periodic maintenance would be accomplished by the Port -owned water injection dredge. c. (1) Will navigational aids be required as a result of the project? d. (1) Will wetlands be crossed in transporting equipment to project ❑Yes ®No ❑NA site? ❑Yes ®No ❑NA (ti) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. OUL 26 90 2 9 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 12/26/06 r)rv- 'I"- -my Date JAI -7- ; Z�zz- Project Name Port of Morehead City Northern Barge Fleeting Area Expanson Applicant Name Brian E Clark Applicant Signature RECEIVED 252-808.2808 1: 1-8884RCOAST :: w .nccoastalnnanaaennent.net nrP A ..riJr. r+rry revised: 12/26/06 IN UP4 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name North Carolina State Ports Authority Project Name (if applicable) Port of Morehead City Northern Barge Fleeting area Applicant 1: First Name Brian MI E Last Name Clark Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box 9002 PO Box city Wilmington State NC ZIP 28402 Country New Hanover Phone No. 910 - 251 - 5678 ext. FAX No. Street Address (d different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Dial Cordy And Associates Inc. Agent/ Contractor 1: First Name MI Last Name Steve Dial Agent/ Contractor 2: First Name MI Last Name James Hargrove Mailing Address PO Box city State 201 North Front St. Suite 307 Wilmington NC ZIP Phone No. 1 Phone No. 2 28401 910 - 251 - 9790 ext. ext. FAX No. Contractor # Street Address (if different from above) city State ZIP Email sdial@dialoordy.com; jargrove@dialcordy.com R E C E I V <Form continues on back> A JUL 2 6 2022 DCM-MHD 252 808-2808 .. 1-888-4RCOAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret 113 Arendell Street Subdivision Name City State Zip Morehead City NC 28557 - Phone No. Lot No.(s) (d many, attach additional page with list) 252 - 726 - 3158 ext. I I , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Newport Newport River 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 Bogue Sound, Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Morehead City Limits 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) NA 130,680 c. Size of individual lots) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water leveo (if many lot sizes, please attach additional page with a list) -4 to -14 ft ❑NHW or ®NWL e. Vegetation on tract The proposed dredge footprint contains no SAV according to NCDMF's SAV maps. There is a small fringing marsh that is located adjacent to the Action Area on Marsh Island disposal area; however, it is outside the dredge footprint by —+200 ft. f. Man-made features and uses now on tract The Northern Barge Fleeting area contains a series of six steel pile mooring piles that are currently utilized to secure barges within the fleeting area. The proposed project is directly adjcent to the western edge of the exisiting fleeting area with no current or proposed structures. g. Identify and describe the existing land uses adjacent to the proposed project site. The adjacent lands to the south function as wharfs for the USACE and the NCSPA. The single property owner in relative proximity to the project area is the U.S. Army Corps of Engineers. In an abundance of caution, a notification letter will be sent to the Morehead City Yacht Club; however, this property is not close to the Project Area. The closest adjacent land is Marsh Island which contains one of the dredge material management sites proposed for disposal of the dredged material. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Industrial (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? if yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? 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 property? IC <Form continues on next page> JUL 2 6 2022 DCM-MHD CITY 252-808.2808 :: 1-888-4111COAST :: wwv„. c coastal management. net Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit m. (I) Are there wetlands on the site? ❑Yes ®No (11) Are there coastal wetlands on the site? ❑Yes ®No (III) If yes to either (1) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. All proposed activity is located within the Newport River Estuary/Bogue Sound. o. Describe existing drinking water supply source. The town of Morehead City gets its drinking water from 5 wells around the county. p. Describe existing storm water management or treatment systems. The proposed project would not result in new impervious areas requiring stormwater management and/or treatment systems. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ®PubliGlGovemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The North Carolina State Port Authority (NCSPA) at the Port of Morehead City (POMC) is proposing to expand the existing northern barge fleeting area to accommodate an additional 4-6 barges for the growing import iron business. The expansion of the fleeting area is necessary due to the doubling of the business over the last few years. The barges typically consist of 300,000 to 500,000 tons of Direct Reduced Iron (DR]) or crude iron (pig iron) that is transported from the POW to the Nucor Steel Terminal. The barge traffic moves the equivalent of 25,000 truckloads of material each year and is a vital transportation route for NC commerce. The increase in frequency of barge traffic puts an excessive demand on the fleeting areas thus warranting expansion. The existing mooring dolphins are structurally able to support doubling the space by docking barges on the west side of the northern fleeting area and no new moorings structures are being proposed. The daily operations would include staging barges within the fleeting area. Tug boats would be used to position the barges before being moored to the steel piles. Periodic maintenance of the barge fleeting expansion area would be accomplished by the Port -owned water injection dredge. 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. New dredging of approximately 35,000 cy of material would be removed via one hydraulic pipeline (cutterhead) dredges or one mechanical bucket dredge and scow systems within the dredge window of October 1 at to January 31 st and placed on Marsh, Brandt, or the North Radio Island dredge material management areas d. List all development activities you propose. There are no development activities proposed. e. Are the proposed activities maintenance of an existing project, new work, or both? New work for expansion of an existing barge fleeting area. I. What is the approximate total disturbed land area resulting from the proposed project? 3 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. It is expected a cutterhead dredge will be used and subsequent water and sediment slurry will be pumped into a dredge material disposal site. It is also expected that Marsh Island disposal site will be used for the proposed action. The water associated with the dredge slurry will be decanted through a weir system and discharged back into the waters adjacent to the project area. All previous permit requirements will be adheared to. D HII % A 2022 252.808-2808 :: 1-888-4RCOAST :: www. nccoasta l manage m ent.net DCM-MHD CITY Foam DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit I. Will wastewater or stornwater 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. <Form continues on back> 6. 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 insbuction 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 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. 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 Army Reserve Phone No. (910) 251-4000 US Army Corps of Engineers Address 69 Darlington Ave Wilmington, NC 28403 Name Morehead City Yacht Basin LLC Phone No. (252) 726-6862 Address 2645 Temples Point Road Havelock, NC 28532 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pemrittee, and issuing dates. NCDEQ Major CAMA 120.13 SAW 2013-01747 SAW 2017-01680 h. Signed consultant or agent authorization form, lt 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) It. 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. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. RECEIVED I further certify that the information provided in this application is truthful to the best of my knowledge. 2 6 2022 252.808-2808 :: 1-888.4RCOAST :: www.necoastaimanagement.net DCf,R--rIi CITY Farm DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit Date 7/5/2022 Print Name Brian E Clark_ Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED JUL 2 6 2022 DCM-MHD CITY 252-808.2808 .. 1.888.4RCOAST .. www.necoastaimanagement.net NORTH CAROLINA P0RTS / Certified Mail July 5, 2022 Jeremiah Lee Smith, P.E., PMP Chief, Navigation Branch U.S. Army Corps of Engineers 69 Darlington Ave Wilmington NC 28403 Subject: CAMA Permit Request Notification Barge Fleeting Area Expansion North Carolina State Ports Authority Morehead City, Carteret County Dear Mr. Smith In pursuance of a North Carolina Division of Coastal Management (DCM) Major Permit Modification, the NC State Ports Authority (NCSPA) Port of Morehead City (POMC) is required to notify adjacent riparian property owners to any proposed development. Please find a description of the proposed project below along with the DCM adjacent riparian property owner notification/waiver form and adjacent riparian property owner statement form. Dial Cordy and Associates (DC&A) of behalf of Todd Walton at the NCSPA request that a signed copy of these form be returned to DC&A via email (Ihargroveta)dialcordy.com) or mailed to 201 N. Front St. Ste 307, Wilmington, NC 28401. Additional information in the form of an Essential Fish Habitat and Biological Assessment documents are available upon request. Proposed Action The Proposed Action by the NCSPA at the POMC is proposing to modify the existing Coastal Area Management Act (CAMA) Major Permit 120-13 to expand the current dredge footprint of the northern barge fleeting area. The north barge fleeting area is located in the Newport River at the Port of Morehead City (Port) in Carteret County, North Carolina (NC). The north fleeting area is a temporary mooring facility for loaded barges RECEIVED that are awaiting waterborne transport to inland destinations. Barge fleeting activity at the Port is primarily associated with the transport of imported iron (direct reduced iron and pig iron) to the Hertford Steel plant JUL 2 6 2022 on the Chowan River in Cofield, NC. Iron imports at the Port have DCM-MHD ChTY NORTH CAROLINA PORTS^•- 1_ doubled over the last several years; resulting in increased demand for barge fleeting capacity. The proposed action would expand the north barge fleeting area from 2 to 4 acres, thereby accommodating an additional 4 to 6 loaded barges. Description of the Proposed Action The north barge fleeting area is located in the Newport River —600 feet north of the northeast corner of the Port terminal facility (Figure 1). The existing fleeting area encompasses 2.0 acres along the western margin of the Atlantic Intracoastal Waterway (AIWW). The authorized depth of the existing facility matches that of the AIWW at -14 ft MLLW (12 + 2 ft of over dredge). A series of six steel pile mooring piles are currently installed within the fleeting area. The proposed action would expand the existing facility westward by dredging an additional 2.0 acres of subtidal bottom to a depth of -14 ft MLLW (12 + 2 ft of over dredge) (Figure 2). An additional 1.0 acre of new dredging would be required to construct a transitional 3:1 slope along the western margin of the 2.0-acre expansion area. In total, the proposed action would require 3.0 acres of new dredging and the removal of an estimated 35,000 cy of material. No new mooring structures are proposed, as the existing mooring piles are sufficient to accommodate additional barges in the expansion area. The depth of the expansion area would be maintained through periodic maintenance dredging expected to occur once every 4-5 years. Existing depths in the proposed new dredging area range from -4 to -14 ft MLLW (Figure 3). Construction and maintenance of the barge fleeting expansion area would employ hydraulic pipeline (cutterhead) dredges and/or mechanical bucket dredge and scow systems. Dredged material would be placed in one of the existing Port -owned confined disposal facilities; which include the Marsh Island, Brandt Island, and North Radio Island disposal areas. Disposal operations for cutterhead dredging would involve direct hydraulic delivery to the disposal area via floating and/or submerged pipeline. In the case of mechanical dredging, disposal would involve the transport of dredged material via scow to the disposal area for placement via mechanical means or hydraulic offloading. RECEIVED JUL 26 2022 DCM-MHD CITY 2. NORTH CAROLINA PORTS s .. Nam..- - arm - ...n • BEFNFO"!�� • QJ4. T : TN ROGUE SOUND 5 �l �hf\! Si \ate O B.Y PnP i « r Y Project Lowtbn _ _.." w _f_�'" m___-v--__: a « v% «vvw�:vl Q « •° + « «w "" " r " � 5� _ _ y % .........a n5 S M f4 % w 2 m:J F£SMLRv t-u a :sS Figure 1. Project Location and Proposed Action Area RECEIVED JUL 26 2022 DCM-MHD CITY NORTH CAROLINA PORTS-® Figure 1. North Barge Fleeting Area Expansion Layout RECEIVED JUL 2 6 2022 a. NORTH CAROLINA PORE =�- 2692400 2692600 6 A - A' Bathyrretri o c Profile Graph Batliymetry r 1 12 Pmpmed BeCrynwtry Profile -11 FlRasaE Ma9Arn BaupFYoy Am Ana -13 g�w 100 150 an 2W 3]0 [Sstanrc (feet) Bethymeey Profile Propmtl Bnlhymelry Profile ed Betlrymetry Profile 72 Figure 3. Northern Barge Fleeting Expansion Area - Existing and Proposed Bathymetry RECEIVED JUL 26 2022 DCM-MHD CITY 5. NORTH CAROLINA PORT �� Certified Mail July 5, 2022 Morehead City Yacht Basin 2645 Temples Point Rd Havelock NC 28532 Subject: CAMA Permit Request Notification Barge Fleeting Area Expansion North Carolina State Ports Authority Morehead City, Carteret County Dear Sirs, In pursuance of a North Carolina Division of Coastal Management (DCM) Major Permit Modification, the NC State Ports Authority (NCSPA) Port of Morehead City (POMC) is required to notify adjacent riparian property owners to any proposed development. Please find a description of the proposed project below along with the DCM adjacent riparian property owner notification/waiver form and adjacent riparian property owner statement form. Dial Cordy and Associates (DC&A) of behalf of Todd Walton at the NCSPA request that a signed copy of these form be returned to DC&A via email (Ihargroveadialcordy.com) or mailed to Dial Cordy and Associates Inc. 201 N. Front St. Ste 307, Wilmington, NC 28401. Proposed Action The Proposed Action by the NCSPA at the POMC is proposing to modify the existing Coastal Area Management Act (CAMA) Major Permit 120-13 to expand the current dredge footprint of the northern barge fleeting area. The north barge fleeting area is located in the Newport River at the Port of Morehead City (Port) in Carteret County, North Carolina (NC). The north fleeting area is a temporary mooring facility for loaded barges that are awaiting waterborne transport to inland destinations. Barge fleeting activity at the Port is primarily associated with the transport of imported iron (direct reduced iron and pig iron) to the Hertford Steel plant on the Chowan River in Cofield, NC. Iron imports at the Port have doubled over the last several years; resulting in increased demand for barge fleeting capacity. The proposed action would expand the north barge fleeting area from 2 to 4 acres, thereby accommodating an additional 4 to 6 loaded barges. RECEIVED JUL 26 2022 DCM-MHD CITY CAROLINA P0RT�. Description of the Proposed Action The north barge fleeting area is located in the Newport River -600 feet north of the northeast corner of the Port terminal facility (Figure 1). The existing fleeting area encompasses 2.0 acres along the western margin of the Atlantic Intracoastal Waterway (AIWW). The authorized depth of the existing facility matches that of the AIWW at -14 ft MLLW (12 + 2 ft of over dredge). A series of six steel pile mooring piles are currently installed within the fleeting area. The proposed action would expand the existing facility westward by dredging an additional 2.0 acres of subtidal bottom to a depth of -14 ft MLLW (12 + 2 ft of over dredge) (Figure 2). An additional 1.0 acre of new dredging would be required to construct a transitional 3:1 slope along the western margin of the 2.0-acre expansion area. In total, the proposed action would require 3.0 acres of new dredging and the removal of an estimated 35,000 cy of material. No new mooring structures are proposed, as the existing mooring piles are sufficient to accommodate additional barges in the expansion area. The depth of the expansion area would be maintained through periodic maintenance dredging expected to occur once every 4-5 years. Existing depths in the proposed new dredging area range from -4 to -14 ft MLLW (Figure 3). Construction and maintenance of the barge fleeting expansion area would employ hydraulic pipeline (cutterhead) dredges and/or mechanical bucket dredge and scow systems. Dredged material would be placed in one of the existing Port - owned confined disposal facilities; which include the Marsh Island, Brandt Island, and North Radio Island disposal areas. Disposal operations for cutterhead dredging would involve direct hydraulic delivery to the disposal area via floating and/or submerged pipeline. In the case of mechanical dredging, disposal would involve the transport of dredged material via scow to the disposal area for placement via mechanical means or hydraulic offloading. RECEIVED JUL 2 6 2022 DCM-MHD CITY2. NORTH CAROLINA PORTS .`-, M E A /L F F r .UE SOUND S � f a . Locatlon rY w a hJ a s 1 _ w .. vk Yx • al w' ,i y anCfYA L a w x a a w y pFO000''. I r KM e 4 n s:c MSfwC1e�.Nu /ti 'y Figure 1. Project Location and Proposed Action Area RECEIVED JUL 2 6 2022 DCM-MHD CITY s. NORTH CAROLINA PORTS Z_ Msrsh Island Disposal Area -Exfsgng -id-ft Fleeting Area Proposod 14-fl Expanslon Area proposed 3:1 slope Figure 1. North Barge Fleeting Area Expansion Layout RECEIVED JUL 2 6 2022 DCM-MHD CITY 4. NORTH CAROLINA PORTSf 1-1 l A -A' Bathyrnetric Profile Graph E)Wng Sathymetry Prole _ _2 P and Bathymeby Raffle 5 ' -10 11 RlgvaN FladgMe [m49FkeenOarta -1z Ma -t3 _ 0 EO 100 t50. M) 2:U 300 Dstance(teet) Legend — Profile Location — 1fi Gm ., (MLLN Barge Fleeting Area Elevation(MLLW) ® Eaiebng Fleeting Prea Value ® Pmp Fleeting/v. : Hlgh:-2 Proposed 3:1 Slope - - - Law: JU B - B' Bathyrretric Profile Graph Eda , Bathymeby Profile -70 -12 A, Propoaae Ba"noby Rofile Arez PeopoxaE Fketi�q Arta Ev eYIB Fleecy Mn _aa - U 50 100 150 MO m 3]0 Distance (feet) C - C Bathyrretric Profile Graph A Eiurin9 Bathymelry Praia 10 2 Prepaad Bairymeby Rolle 16 a1 Ill RopeaG FleGYIp Mea E+15K9 Meet, Mee 0 W 100 150 200 230 300I Distance (teat) J e 0 150 300 450 600 Feet Figure 3. Northern Barge Fleeting Expansion Area - Existing and Proposed Bathymetry RECEIVED JUL 26 2022 DCM-MHD CITY a' ESSENTIAL FISH HABITAT ASSESSMENT NORTH BARGE FLEETING AREA EXPANSION PORT OF MOREHEAD CITY 5 July 2022 Prepared for: North Carolina State Ports Authority PO Box 9002 Wilmington, North Carolina 28402 Prepared by: Dial Cordy and Associates Inc. 201 North Front Street, Suite 307 Wilmington, North Carolina 2 8401 I A/\,L CORDY RECEIVED \SSOCIATGS INC JUL 26 2022 DCM-MHD CITY TABLE OF CONTENTS Page 1.0 INTRODUCTION..............................................................................................................1 2.0 LOCATION AND DESCRIPTION OF THE PROPOSED ACTION....................................1 3.0 DESCRIPTION OF THE ACTION AREA..........................................................................6 4.0 Essential Fish Habitat and Managed fisheries IN THE ACTION AREA .............................7 4.1 Federally Managed Species.........................................................................................8 4.1.1 Peneaid Shrimp.....................................................................................................8 4.1.2 Snapper -Grouper Complex....................................................................................8 4.1.3 Summer Flounder..................................................................................................9 4.1.4 Coastal Migratory Pelagics....................................................................................9 4.1.5 Bluefish................................................................................................................10 4.1.6 Smooth Dogfish...................................................................................................10 4.2 EFH and HAPC..........................................................................................................11 4.2.1 Estuarine Water Column......................................................................................11 4.2.2 Unconsolidated Bottom........................................................................................11 4.2.3 Oyster Reefs and Shell Banks.............................................................................11 4.2.4 Submerged Aquatic Vegetation...........................................................................12 4.2.5 Estuarine Emergent Wetlands (Tidal Marsh)........................................................12 4.2.6 State -Designated Fish Nursery Areas..................................................................12 5.0 EFFECTS OF THE PROPOSED ACTION ON EFH AND MANAGED SPECIES ............ 17 5.1 Estuarine Water Column.............................................................................................17 5.1.1 Sediment Suspension and Turbidity....................................................................17 5.1.2 Larval Entrainment...............................................................................................18 5.2 Unconsolidated Bottom...............................................................................................18 5.3 Oyster Reefs and Shell Banks....................................................................................19 5.4 Submerged Aquatic Vegetation(SAV)........................................................................19 5.5 Estuarine Emergent Wetlands (Tidal Marsh)...............................................................20 6.0 CONSERVATION MEASURES......................................................................................20 7.0 REFERENCES...............................................................................................................21 Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion Dial Cordy and Associates Inc. IJUL 2 6 2022 July 2022 Dc�$-*Amo r iTy LIST OF TABLES Page Table 1. EFH and HAPC in the vicinity of the action area...........................................................7 Table 2. Penaeid shrimp salinity requirements and recruitment periods (NCDEQ 2016).............8 LIST OF FIGURES Page Figure 1. Proposed Action Location Map...................................................................................3 Figure 2. North Barge Fleeting Area Expansion Layout.............................................................4 Figure 3. North Barge Fleeting Expansion Area - Existing and Proposed Bathymetry ................5 Figure 4. NCDMF Shell Bottom Map........................................................................................14 Figure 5. NCDMF SAV Map.....................................................................................................15 Figure 6. State -Designated Fish Nursery Areas.......................................................................16 RECEIVED JUL 2 6 2022 DCM-MHD CITY Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 LIST OF ACRONYMS °C Degrees Centigrade AIWW Atlantic Intracoastal Waterway ASMFC Atlantic States Marine Fisheries Commission CDF Confined Disposal Facility CPE Coastal Planning & Engineering, Inc. CWA Clean Water Act CY Cubic Yards DA Department of the Army DMMP Dredged Material Management Plan EFH Essential Fish Habitat FT Feet HAPC Habitat Areas of Particular Concern M Meters MAFMC Mid -Atlantic Fishery Management Council MCH Morehead City Harbor MSFCMA Magnuson -Stevens Fishery Conservation and Management Act NC North Carolina NCAC North Carolina Administrative Code NCDEQ North Carolina Department of Environmental Quality NCDMF North Carolina Division of Marine Fisheries NEFSC Northeast Fisheries Science Center NMFS National Marine Fisheries Service NOAA National Oceanic and Atmospheric Administration NTU Nephelometric Turbidity Units PNA Primary Nursery Area PPT Parts Per Thousand RHA Rivers and Harbors Act SAFMC South Atlantic Fishery Management Council SAV Submerged Aquatic Vegetation SNA Secondary Nursery Areas TSS Total Suspended Solids USACE United States Army Corps of Engineers USC United States Code WID Water Injection Dredging Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion RECEIVED JUL 2 6 2022 DCM-MHD CITY Dial Cordy and Associates Inc. July 2022 iv 1.0 INTRODUCTION This Essential Fish Habitat (EFH) Assessment has been prepared in accordance with the Magnuson -Stevens Fishery Conservation and Management Act (MSFCMA) to address the effects of proposed new dredging work at the Port of Morehead City on EFH and federally managed fisheries. The North Carolina State Ports Authority (NCSPA) has requested Department of the Army (DA) authorization pursuant to Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act (RHA) to expand the existing north barge fleeting area in the Newport River at the Port of Morehead City (Port) in Carteret County, North Carolina (NC). The north fleeting area is a temporary mooring facility for loaded barges that are awaiting waterborne transport to inland destinations. Barge fleeting activity at the Port is primarily associated with the transport of imported iron (direct reduced iron and pig iron) to the Hertford Steel plant on the Chowan River in Cofield, INC. Iron imports at the Port have doubled over the last several years; resulting in increased demand for barge fleeting capacity. The proposed action would expand the north barge fleeting area from 2 to 4 acres, thereby accommodating an additional 4 to 6 loaded barges. 2.0 LOCATION AND DESCRIPTION OF THE PROPOSED ACTION The north barge fleeting area is located in the Newport River —600 feet north of the northeast corner of the Port terminal facility (Figure 1). The existing fleeting area encompasses 2.0 acres along the western margin of the Atlantic Intracoastal Waterway (AIWW). The authorized depth of the existing facility matches that of the AIWW at -14 ft MLLW (12 + 2 ft of over dredge). A series of six steel pile mooring piles are currently installed within the fleeting area. The proposed action would expand the existing facility westward by dredging an additional 2.0 acres of subtidal bottom to a depth of -14 ft MLLW (12 + 2 ft of over dredge) (Figure 2). An additional 1.0 acre of new dredging would be required to construct a transitional 3:1 slope along the western margin of the 2.0-acre expansion area. In total, the proposed action would require 3.0 acres of new dredging and the removal of an estimated 35,000 cy of material. No new mooring structures are proposed, as the existing mooring piles are sufficient to accommodate additional barges in the expansion area. The depth of the expansion area would be maintained through periodic maintenance dredging every 2 to 5 years. Existing depths in the proposed new dredging area range from -4 to -14 ft MLLW (Figure 3). The sediments to be removed from the new dredging area are part of a uniform fine sand to silty fine sand layer that extends from the surface to a depth of -45-ft MLLW (Catlin Engineers 2013). Construction of the barge fleeting expansion area would employ a hydraulic pipeline (cutterhead) dredge and/or a mechanical bucket dredge and scow system. Construction dredged material would be placed in one of the existing Port -owned confined disposal facilities; which include the Marsh Island, Brandt Island, and North Radio Island disposal areas. Construction disposal operations for cutterhead dredging would involve direct hydraulic delivery to the disposal area via floating and/or submerged pipeline. In the case of mechanical dredging, disposal would involve the transport of dredged material via scow to the disposal area for placement via mechanical means or hydraulic offloading. Periodic maintenance of the barge fleeting expansion area would be accomplished by the Port -owned water injection dredge. Water Essential Fish Habitat Assessment RECEIVED Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 1 JUL 2 9 2M injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment -water mixture known as a density current that flows along the bottom via gravity to deeper areas. A pipe manifold with a series of water injection nozzles is used to inject water into the sediment bed. The use of water injection dredging for maintenance of the Port's existing berths, fleeting areas, and turning basins is currently authorized under the Port's existing CAMA Major Permit. Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion RECEIVED JUL 2 6 Z022 DCM-MHD CITY Dial Cordy and Associates Inc. July 2022 2 E�wP 0-2-1.7 19 1A e 19 ROGUE SOUND 4 Projed Lowflm 4i U ------- — --- --------- 01� 0! .5 09 Figure 1. Proposed Action Location Map O %1 f ; TK RECEIVED Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion (JUL 26 2022 July 2022 3 DCM-MHr) CITY Figure 2. North Barge Fleeting Area Expansion Layout f. , Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion JUL 2 6 Zt1� July 2022 4 [)CM-MHD CITE` 2602400 2092500 A - A' Bathymetric Profile Graph CO I r _ _ Distance (feet) B - B' Bathyrretric Profile Graph 6dsting Bathymeey Profile to 12 Proposed Bathymetry Profile l4 IR S9; Pro need Fleetn Area Am P 9 Fisting FleeOn9 Area 0 50 160 150 200 250 360 Distance (feet) C - C Batm rena ric Prole Graph Busting Bathymatry Prolle _e 10 Pmpoeed Bathyrne" Rorie 12 3:1 14 16 ma PWos Fleebg Aava F-Mxg Fleeeng Area 29 0 50 160 1& 260 2k 300 � n Legend — Profile Location 1t contour (MILL" e Barge Fleeting Area Elevation (MLLW) ® Busting Fleeting Area Value ® Proposed Fleeting Area - High : -2 0 ISO 300 450 am ® Proposed 3:1 Slope Low : -30 Feet Figure 3. North Barge Fleeting Expansion Area - Existing and Proposed Bathymetry RECEIVED Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion UUL 2 G 2022 July 2022 5 DCNA-"Hn CIT,i 3.0 DESCRIPTION OF THE ACTION AREA The north barge fleeting area is located —3 miles from the Atlantic Ocean in the lower Newport River Estuary between Morehead City and Beaufort in Carteret County, NC. The lower Newport River Estuary is a shallow, tidally -controlled system with an average depth of —3 feet MLLW. Mean tidal range in the lower estuary is 3.1 feet, and salinities approach those of seawater (34 ppt) (Kirby -Smith and Costlow 1989). The proposed new dredging area is located between the AIWW federal navigation channel and the Marsh Island disposal area. The AIWW navigation channel is maintained at a width of 250 feet and depth of 12 + 2 ft MLLW. The Marsh Island disposal area consists of diked uplands that are partially surrounded by unconfined tidal saltmarsh. Benthic habitats within the proposed new dredging area consist of sandy unconsolidated bottom. The surrounding Newport River Estuary contains a complex assemblage of intertidal and shallow subtidal estuarine habitats; including sandy shoals, shellfish beds, submerged aquatic vegetation (SAV) beds, and tidal saltmarsh. Essential Fish Habitat Assessment "Vt;tlVLU Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 6 IJUL 2 6 2022 DC" 4.0 ESSENTIAL FISH HABITAT AND MANAGED FISHERIES IN THE ACTION AREA The action area encompasses marine and estuarine habitats that are designated as EFH and/or Habitat Areas of Particular Concern (HAPCs) in Fishery Management Plans (FMPs) developed by the South Atlantic Fisheries Management Council (SAFMC), Mid -Atlantic Fishery Management Council (MAFMC), and/or the National Marine Fisheries Service (NMFS) (Table 1). The MSFCMA defines EFH as "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity." HAPCs comprise a more specific subset of EFH that are considered to be especially critical due to factors such as rarity, susceptibility to human -induced degradation, and/or high ecological importance. Federally managed species and associated EFH/HAPCs that occur in the vicinity of the action area are described in the sections below. Table 1. EFH and HAPC in the vicinity of the action area. SPECIES/GROUP EFH/HAPC SAFMC EFH Tidal Estuarine Emergent Wetlands Penaeid Shrimp Submerged Aquatic Vegetation Subtidal/Intertidal Non -vegetated Flats Tidal Estuarine Emergent Wetlands Tidal Creeks Snapper -Grouper Submerged Aquatic Vegetation Oyster Reefs and Shell Banks Unconsolidated Bottom Coastal Migratory Pelagics Primary Nursery Areas Coastal Inlets SAFMC HAPC Penaeid Shrimp Primary Nursery Areas Coastal Inlets Primary Nursery Areas Snapper -Grouper Submerged Aquatic Vegetation Oyster Reefs and Shell Banks Coastal Inlets Coastal Migratory Pelagics Coastal Inlets High Salinity Estuaries (Bogue Sound) MAFMC EFH Summer Flounder Estuaries with salinities >0.5 ppt Bluefish Estuaries Atlantic Butterfish Inshore pelagic habitats MAFMC HAPC Summer Flounder Submerged Aquatic Vegetation NMFS EFH Highly Migratory Species (Smooth Dogfish) Estuaries Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion 7 'JUL 26 2022 Dial Cordy and Associates Inc. July 2022 prf `!-Vwr'% nrTY 4.1 Federally Managed Species 4.1.1 Peneaid Shrimp Federally managed penaeid shrimp in NC include brown shrimp (Farfantepenaeus aztecus), pink shrimp (F. duorarum), and white shrimp (Litopenaeus setiferus). Adults spawn offshore in high salinity oceanic waters during the winter or spring, and the ocean -spawned larvae and post -larvae are transported by currents to inshore estuarine nursery habitats where they maintain a benthic existence (SAFMC 1981). Larval and post -larval estuarine recruitment periods vary among the three species (Table 2). Penaeid shrimp tolerate a wide range of salinities (Table 2) and are most abundant in shallow mud -silt habitats where they congregate at the highly productive marsh -water interface. As their size increases, shrimp move toward higher -salinity ocean waters, eventually migrating offshore in the fall. The action area encompasses habitats that are designated as EFH and HAPCs for all life stages of penaeid shrimp; including estuarine tidal marshes, subtidal and intertidal non -vegetated flats, coastal inlets, submerged aquatic vegetation (SAV), and state designated Primary Nursery Areas (PNAs) and Secondary Nursery Areas (SNAs). Table 2. Penaeid shrimp salinity requirements and recruitment periods (NCDEQ 2016). Species Salinity (ppt) Juvenile Recruitment Brown Shrimp 2-35 February - March Pink Shrimp 0-35 June - October White Shrimp 2-35 April - May 4.1.2 Snapper -Grouper Complex The snapper -grouper complex is an assemblage of 59 species that share a common association with hardbottom or reef habitats during part of their life cycle. Snappers (Lutjanidae), groupers (Serranidae), porgies (Sparidae), and grunts (Haemulidae) generally inhabit offshore reef and hardbottom habitats; whereas, nearshore ocean hardbottoms along the NC coast have cooler temperatures and a fish community dominated primarily by black sea bass (Centropristis striata), scup (Stenotomus chrysops), and associated temperate species (Sedberry and Van Dolah 1984). Most snapper -grouper species are associated with offshore reef and hardbottom habitats throughout their life cycle; however, a few species such as black sea bass, gag (Mycteroperca microlepis), gray snapper (Lutjanus griseus), and lane snapper (L. synagris) use estuarine nursery habitats for juvenile development (SAFMC 1998, NCDMF 2006). Juveniles of these estuarine -dependent species emigrate from the estuary to nearshore hardbottom habitats in the Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 8 ►JUL 26 20, fall, and eventually move to offshore reef and hardbottom habitats. Moser et al. (1999) reported that juvenile gag, red grouper, and black grouper recruited to the lower Newport River Estuary and Bogue Sound from mid -April to early June and remained through early November. Juveniles were found only in polyhaline habitats near inlets, initially occupying SAV beds for 3-4 months before moving to complex structural habitats such as estuarine jetties. Caridean shrimp comprised 51% of the total food volume consumed, with Penaeid shrimp and fish contributing 21% and 16% of the total volume, respectively. Amphipods and copepods were frequently consumed, but comprised only a small percentage of the overall volume. The action area encompasses habitats that are designated as EFH and HAPCs for the juvenile life stages of estuarine -dependent snapper -grouper species; including estuarine tidal marsh, tidal creeks, unconsolidated bottom, SAV, oyster reefs, and state -designated PNAs and SNAs. 4.1.3 Summer Flounder The geographic range of the summer flounder (Paralichthys dentatus) includes shallow estuaries and outer continental shelf waters along the Atlantic Coast from Nova Scotia to Florida (Packer at al. 1999). Adult summer flounder exhibit strong seasonal inshore -offshore movements; concentrating in estuaries and sounds from late spring through early fall before migrating offshore to the outer continental shelf where spawning occurs during the fall and early winter. Larvae and post larvae recruit to estuarine nursery habitats from October to May and eventually settle to the bottom and bury into the sediment where development to the juvenile life stage is completed. Late larval and juvenile flounder actively prey on crustaceans, copepods, and polychaetes (NEFSC 1999). Juveniles prefer sandy shell substrates; but also inhabit marsh creeks, mud flats, and seagrass beds. Juveniles often remain in North Carolina estuaries for 18 to 20 months. Adults prefer sandy substrates, but also use seagrass beds, tidal marsh creeks, and sand flats (ASFMC 2011c and d, NEFSC 1999). The action area encompasses habitats that are designated as EFH and HAPCs for larval, juvenile, and adult summer flounder; including estuarine waters with salinities >0.5 ppt and SAV. 4.1.4 Coastal Migratory Pelagics The coastal migratory pelagics management unit includes Spanish mackerel (Scomberomorus. maculates), king mackerel (S. cavalla), and cobia (Rachycentron canadum). Adult Spanish mackerel spawn in groups over the inner continental shelf; beginning in April off the Carolinas. Larvae are most commonly found in nearshore ocean waters at shallow depths less than 30 ft. Most juveniles remain in nearshore ocean waters, but some use high salinity estuaries (e.g., Bogue Sound) as nursery habitats. Adult Spanish mackerel spend most of their lives in the open ocean but are also found in tidal estuaries and coastal waters (ASMFC 2011a, 2011b, Mercer et al. 1990). King mackerel are primarily a coastal species, with smaller individuals of similar size forming schools over reefs and areas of bottom relief, and larger solitary individuals preferring anthropogenic structures and wrecks. Cobia are found over the continental shelf and in high salinity estuaries; preferring waters in the vicinity of reefs and artificial structures such as pilings and buoys. Coble spawning along NC occurs primarily in offshore ocean waters during May and Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion RECEIVED July 2022 9 1[II `)R lq7? June; however, spawning has also been observed in estuaries and shallow bays, with the young moving offshore soon after hatching (SAFMC 1983 and 2011). In Bogue Sound, Spanish mackerel and cobia larvae are common in the seawater (>25 ppt) salinity zone, while adults and juveniles are abundant to common in both the seawater and mixing (0.5-25 ppt) zones (Nelson et al 1991). The action area encompasses habitats that are designated as EFH and HAPCs for coastal migratory pelagics; including high salinity estuaries, coastal inlets, SAV, and state - designated PNAs and SNAs. 4.1.5 Bluefish The bluefish (Pomatomus saltatrix) is a migratory, pelagic species found in temperate and semi- tropical continental shelf waters around the world with the exception of the north and central Pacific. In North America, bluefish range from Nova Scotia to Florida in the Atlantic Ocean and from Florida to Texas in the Gulf of Mexico. Spawning in the South Atlantic Bight occurs near the shoreward edge of the Gulf Stream primarily during April and May. Larval development occurs in the upper water column over the outer continental shelf, with transitional pelagic juveniles eventually moving to nearshore ocean and estuarine waters that serve as the principal nursery habitats for juvenile development (Kendall and Walford 1979). Estuarine juveniles are most commonly associated with sandy unconsolidated bottom habitats; but also use mud/silt bottom, SAV, marine macroalgae, oyster reefs, and tidal marshes (Shepherd and Packer 2006). Juveniles are common in high salinity estuaries along the southern NC coast during summer and fall, where they are usually associated with salinities of 23 to 33 ppt; however, juveniles are found at salinities as low as 3 ppt (Fahay et al. 1999). Designated inshore EFH for juvenile and adult bluefish along the southern NC coast includes estuaries below MHW. 4.1.6 Smooth Dogfish The smooth dogfish (Mustelus canis) is a small, migratory, demersal shark species of inshore and continental shelf waters from Massachusetts to northern Argentina in the Atlantic Ocean. The species is viviparous, with pupping occurring in estuarine waters from Virginia to Massachusetts (McCandless et al. 2007). Pups are born during spring and summer, and juveniles remain in estuarine nursery areas until fall. Larger juveniles occupy deeper estuarine waters before joining adults on the continental shelf. Juveniles in estuarine nursey areas prey on polychaetes, decapod shrimp, crabs, bivalves, and small estuarine fish (Able and Fahay 2010). Adults undertake seasonal migrations between inshore pupping grounds and offshore wintering grounds on the on the outer continental shelf (Branstetter 2002; Able and Fahay 2010). Adults migrate inshore during the spring when water temperatures reach 6 to 7 °C, and move offshore during the early fall as water temperatures decrease (Compagno 1984). Inshore estuarine waters in the vicinity of the action area are designated as EFH for all life stages of the smooth dogfish. Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion Dial Cordy and Associates Inc. ,JUL 26 2022 July2022 10 DCM4+IHI1 CITY 4.2 EFH and HAPC 4.2.1 Estuarine Water Column The north barge fleeting area is located -3 miles from the Atlantic Ocean in the lowermost polyhaline reach of the Newport River Estuary. Just below the fleeting area, the estuary converges with Bogue Sound, Back Sound, and Beaufort Inlet. Beaufort Inlet extends -2.5 miles from the Port of Morehead City to the Atlantic Ocean. Beaufort Inlet is an important transport corridor for the planktonic eggs and larvae of estuarine -dependent fishes and invertebrates that spawn offshore as adults and reside in estuarine nursery areas during juvenile development. Successful recruitment of ocean -spawned planktonic larvae to estuarine nursery areas is dependent on passive ocean -to -sound transport through a relatively small number of narrow tidal inlets. Larvae spawned offshore are transported shoreward by the prevailing currents, eventually accumulating in the nearshore ocean zone where they are picked up by long -shore currents and transported to inlets (Churchill at al. 1999). Temporal patterns of larval transport through Beaufort Inlet were described by Hettler and Chester (1990). Overall larval densities within the inlet were highest from late May to early June and lowest in November. Species richness was also highest (32 taxa) from late May to early June and lowest (3 taxa) in November. 4.2.2 Unconsolidated Bottom Intertidal and shallow subtidal unconsolidated bottom habitats provide abundant food resources for estuarine -dependent juveniles in an environment that is relatively inaccessible to large predators via shallow depths (SAFMC 1998). Shallow unconsolidated bottom habitats support highly productive benthic microalgal communities. Benthic microagal primary production, along with imported primary production in the form of phytoplankton and detritus, supports highly productive benthic infaunal invertebrate communities that comprise the prey base for most estuarine -dependent demersal fishes; including summer flounder and estuarine -dependent species of the snapper -grouper complex. Penaeid shrimp are most abundant in shallow unconsolidated bottom habitats at the highly productive shallow bottom -marsh interface (NCDEQ 2016). Unconsolidated bottom habitats consisting of fine sand to silty fine sand comprise all of the benthic habitat within the proposed new dredging area (Catlin Engineers 2013). 4.2.3 Oyster Reefs and Shell Banks Shell bottom habitats include oyster reefs, aggregations of non -reef building shellfish species [e.g., clams and scallops (Argopecten irradians, A. gibbus)], and surface concentrations of broken shells (shell hash). Oysters are the dominant reef -building species of estuarine shell bottom habitats in NC. Non -reef building shellfish species that occur at densities sufficient to provide structural habitat for other organisms include scallops, pen shells (Atrina seratta, A. rigida), and rangia clams (Rangia cuneata) (SAFMC 2009). Shell bottom habitats function as important nursery and foraging areas for estuarine -dependent juveniles. Shell bottom structure provides refuge from predation and concentrates macroinvertebrates that comprise the prey base for many Essential Fish Habitat Assessment RECEIVED Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 11 FJUL 26 2022 estuarine -dependent juvenile fishes (NCDEQ 2016). NCDMF benthic habitat maps depict a narrow linear zone of shell bottom habitat —300 feet west of the proposed new dredging area along the shoreline of Marsh Island (Figure 4). Additional mapped shell bottom habitats are distributed throughout the surrounding Newport River Estuary. 4.2.4 Submerged Aquatic Vegetation Submerged Aquatic Vegetation (SAV) in NC estuaries encompasses a number of bed -forming rooted aquatic vascular plants (NCDEQ 2016). SAV beds occur on subtidal and occasionally intertidal sediments in sheltered estuarine waters. Environmental requirements include unconsolidated sediments for root and rhizome development, adequate light reaching the bottom, and moderate to negligible current velocities (Thayer at al. 1984, Ferguson and Wood 1994). SAV beds provide important structural fish habitat and perform important ecological functions such as primary production, sediment and shoreline stabilization, and nutrient cycling (NCDEQ 2016). SAV habitats are important nursery areas for the juveniles of estuarine -dependent species; including species of the snapper -grouper complex, bluefish, summer flounder, and penaeid shrimp. NCDMF SAV maps do not identify any SAV within or immediately adjacent to the proposed new dredging area (Figure 5). Small patches of SAV are identified along the western shoreline of Marsh Island opposite the proposed dredging area. Additional mapped SAV habitats are distributed throughout the surrounding Newport River Estuary. 4.2.5 Estuarine Emergent Wetlands (Tidal Marsh) Along with shallow unconsolidated bottom areas, salt and brackish marshes along the NC coast function as important nursery habitats for federally managed species such as summer flounder, penaeid shrimp, and estuarine dependent species of the snapper -grouper complex. Penaeid shrimp are considered critically linked to marsh edge habitat (SAFMC 1998). The majority of the state designated fish nursery areas in NC encompass shallow soft bottom areas and associated fringing tidal marshes (NCDEQ 2016). Tidal marshes in the lower polyhaline Newport River Estuary are dominated by monospecific zones of smooth cordgrass (Spartina alterniflora) and black needlerush (Juncus romerianus). No tidal marshes are present within the proposed new dredging area. The nearest tidal marshes are located —300 feet west of the proposed dredging footprint along the shoreline of Marsh Island. The tidal marsh along the eastern shoreline of Marsh Island consists of an approximately 400-ft-wide zone of smooth cordgrass. RECEIVED 4.2.6 State -Designated Fish Nursery Areas JUL 2 6 2022 E) -NIHD CIT Primary Nursery Areas (PNAs) are defined as "those areas in the estuarine system where initia post -larval development takes place" [15 North Carolina Administrative Code (NCAC) 31 .0101(b)(20)(E)]. PNAs support uniform populations of very early juveniles and are typically located in the upper reaches of the estuarine system. Secondary Nursery Areas (SNAs) are Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 12 defined as "those areas in the estuarine system where later juvenile development takes place." Secondary Nursery Areas support uniform populations of developing subadults that have moved from PNAs to the lower portions of the estuarine system. For most estuarine -dependent species, larval settlement occurs in the uppermost reaches of shallow tidal creek systems (Weinstein 1979, Ross and Epperly 1985). The abundance of juveniles in estuarine nursery areas generally peaks between April and July (Ross and Epperly 1985). PNAs and SNAs are designated as HAPC for shrimp, coastal migratory pelagics, and estuarine dependent species of the snapper -grouper complex. Designated PNAs that are nearest to the proposed new dredging area are located —1.3 miles to the northwest in small tributaries of the Newport River (Calico Creek and Crab Point Bay) (Figure 6). The nearest additional PNAs and SNAs are located in the Newport River —4 miles upstream of the proposed new dredging area. Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion RECEIVED Dial Cordy and Associates Inc. JUL 26 2022 July2022 13 DCM-MHD CITY Nay Sn Fisher St • Morehead City slaw -3 d St West Sug rloal .. ss � one Morehead Cory City Harbor OPP OP Barge Fleeting Expansion Area OMF Shell Bottom Habitat - Shell Bottom _ S - Inter dal Pion Non -vegetated Shell C - Subtidal Soft Non -vegetated Shell _ U - Intertidal Herd Vegetated Shell G - Subtidal Firm Non -vegetated Shell K- Subtidal Hard Noo-vegelated Shell - 0 - Intertidal Firm Vegatate i Shell of 1:23.222 0 0.15 03 O.B lox 0 0.75 0.55 11 km Swan'. En. Al2.v DE 11sG NGA NASA CGIaA N IYMvon. NCFAS. .Is OS. e.A Basta —Bien Nlhe.ealr'eWl, Q4A Oayaoed FENA INnn ae aid use GIS use —oney sdnmsEon MRS Godson. FAG. Is., VKS.[It. ,Sseerl�— vu ar GIS IIN Camv✓y Figure 4. NCDMF Shell Bottom Map REC;E?VED Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion QUL 26 2022 July 2022 14 DC°Ad-A,"-I!? CITY � � S .. .. ORtze ' oh ad C,ty vm ^`t ]1 Had L�J a AW nO o oal� / antl MorPhPhtl :Iybor i Hnr mo Of 6/14/2022 1:23,222 0 0.15 09 0.6 m NC_SAV_Mosaic—1981 to_2015 0 025 o.s r1� Barge Fleeting Expansion Area ea.e.. f�.«es. es ura. xae wse ecu«. «nm.,.s. eicf.rs. ras, os. reel mm.m.r�, rye.«.tw«.« �, mra, fFW. Wa^W �tl N GI6 uw, mrmxiY. Baam, W. XEPf. �M f10 Na.PA ISGS.C(pMe�«MgmYN«a. x« M pS 1«� �u^rMY Figure 5. NCDMF SAV Map Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion RECEIVED Dial Cordy and Associates Inc. ►JUL 2 6 NZZ July 2022 15 nt«t• a!t!'1 l^rl� 6/142022 1.80,112 0 0.42 0.85 1.7 mi FNA NCDMF - Fishery Nursery Areas 0 o.s 1 zw� - Primary Nursery Areas - Secondary Nursery Areas � NLS. GSEM GwDdf MM M��W 4M1A OWY. iEM Barge Fleeting Expansion Area nw�. pus u aa.se«us <uwa...e �. cis u.fu,w.nry Figure 6. State -Designated Fish Nursery Areas RECEIVED Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 is JUL 26 2022 DCM-MHD CITY 5.0 EFFECTS OF THE PROPOSED ACTION ON EFH AND MANAGED SPECIES This assessment considers potential effects on EFH/HAPCs and federally managed species that may occur through the following impact mechanisms: physical disturbance and modification of benthic habitat within the dredging footprint, sediment suspension and redeposition, and larval entrainment. Analyses of potential effects on EFH/HAPCs and federally managed species are presented according to habitat type. 5.1 Estuarine Water Column 5.1.1 Sediment Suspension and Turbidity Dredging -induced sediment suspension and associated increases in turbidity may affect the behavior (e.g., feeding, predator avoidance, habitat selection) and physiological functions (e.g., photosynthesis, gill -breathing, filter -feeding) of marine fishes and invertebrates (Michel et al. 2013). The extent and duration of dredging -induced sediment suspension are influenced by sediment composition at the dredge site, the type of dredge employed, and hydrodynamic conditions at the dredge site (Wilber et al. 2005). Sediment suspension by cutterhead dredges is generally confined to the near bottom water column in the immediate vicinity of the rotating cutterhead assembly (LaSalle et al. 1991). Based on sediment resuspension data collected during navigation dredging projects, Hayes et al. (2000) and Hayes and Wu (2001) reported average cutterhead dredge sediment resuspension rates ranging from 0.003 to 0.135% of the fine silt/clay fraction. Mechanical dredges (bucket and clamshell) generally have higher sediment suspension rates due to the washing of material out of the bucket as it is withdrawn from the bottom and moved through and above the water column (LaSalle et al. 1991). Water injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment - water mixture known as a density current that flows along the bottom via gravity to deeper areas. Monitoring results for multiple projects in the US indicate that WID-induced sediment suspension is principally confined to the lower water column within 2 to 5 feet of the bottom (Welp et al. 2017). Regardless of dredge type, prolonged sediment suspension and extensive turbidity plumes are primarily associated with the suspension of fine silt/clay particles that have relatively slow settling velocities, whereas sands and gravels that make up the coarse -grained sediment fraction resettle rapidly in the immediate vicinity of the dredge (Schroeder 2009). As previously described, the sediments to be excavated from the new dredging area consist predominantly of relatively coarse sands that would resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead, bucket, or water injection dredge would primarily be confined to the immediate vicinity of the new dredging footprint. It is expected that suspended fine sediments would be rapidly dispersed by currents in the contiguous AIWW navigation channel, thus limiting the duration of any adverse effects on water quality and federally managed species. The proposed project construction window of 1 October - 31 January would avoid peak periods of larval ingress and estuarine -dependent juvenile abundance in the vicinity of the action area, thus minimizing the exposure of federally managed species to sediment suspension effects. In the specific case Essential Fish Habitat Assessment RECEIVEC Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 17 JUL 26 2022 DCM-MHD CITY of WID, the potential for upstream sediment transport into the New River Estuary would be minimized by conducting WID only on falling tides. Based on these considerations, it is expected that any adverse effects on water quality and federally managed species would be minor and short-term. 5.1.2 Larval Entrainment Cutterhead pipeline dredges have the potential to entrain fishes and invertebrates during all life cycle phases; including adults, juveniles, larvae, and eggs. Among adult and juvenile fishes, demersal species that inhabit the near -bottom water column environment are most likely to be entrained (Refine and Clarke 1998); although studies have also reported the entrainment of pelagic fishes in small numbers (McGraw and Armstrong 1990). Entrainment studies indicate that dredging elicits an avoidance response by demersal and pelagic species and that most juvenile and adult fishes are successful at avoiding entrainment (Larson and Moehl 1990, McGraw and Armstrong 1990). Planktonic eggs and larvae that lack avoidance capabilities are more vulnerable to entrainment by hydraulic dredges, especially during ingress periods when they are concentrated in inlets. The results of a long-term sampling program at Beaufort Inlet indicate that larval densities within the inlet are highest from late May to early June and lowest in November (Hettler and Chester 1990). In the case of cutterhead pipeline dredging, the proposed action would affect federally managed estuarine -dependent species by entraining planktonic eggs and larvae that occur in the vicinity of the dredge pipe suction field. However, the results of larval entrainment modeling in Beaufort Inlet indicate that dredge entrainment rates are extremely low regardless of inlet larval concentrations and the distribution of larvae within the water column (Settle 2003). Even under worst case model scenarios when the dredge was assumed to be operating 24 hours/day and all larvae were assumed to be concentrated in the bottom of the navigation channel, projected entrainment rates barely exceeded 0.1 % of the daily (24-hour) larval flux through the inlet. The proposed new dredging area is located above Beaufort Inlet in the relatively broad Newport River Estuary where it is expected that the distribution of planktonic eggs and larvae would be relatively diffuse. Furthermore, the proposed project construction window of 1 October - 31 January would avoid the peak larval ingress period at Beaufort Inlet. Based on all of the above considerations, it is anticipated that the effects of egg/larval entrainment on populations of federally managed species would be negligible. 5.2 Unconsolidated Bottom New dredging would directly impact 3.0 acres of unconsolidated bottom habitat in the barge fleeting expansion area. Existing bottom depths ranging from -4 to -13 ft MLLW would be increased to -14 ft MLLW. Initial construction and subsequent periodic maintenance dredging events would remove the existing benthic infaunal invertebrate community, thereby temporarily reducing the availability of prey for federally managed demersal fishes such as summer flounder and estuarine -dependent species of the snapper -grouper complex. Depending on shoaling rates, Essential Fish Habitat Assessment RECEIVED Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 18 JUL 26 2022 DCM-MHD CITY the affected benthic infaunal communities would experience recurring maintenance dredging impacts every 2 to 5 years. Studies of benthic community recovery in shallow estuarine navigation channels along the southeastern coast have reported rapid recovery within two to six months (Van Dolah et al. 1984 and 1979, Stickney and Perlmutter 1975, and Stickney 1972). These studies indicate that recolonization via slumping of adjacent undisturbed sediments into the dredged channel is an important recovery mechanism. Van Dolah et al. (1984) also attributed relatively rapid recovery to rapid infilling by sediments that were similar in composition to the extracted material and avoidance of spring benthic invertebrate recruitment periods. Existing surficial sediments in the new dredging footprint are part of a uniform fine sand layer that extends to a depth of -45 ft MLLW, thus the proposed action would not be expected to alter sediment composition. Maximum bottom depth increases of —10 feet would not be expected to alter benthic community composition within the new dredging area. The proposed project construction window (01 October - 31 January) would avoid peak benthic invertebrate recruitment periods; thus facilitating relatively rapid recovery with the onset of spring recruitment. Based on all of the above considerations, it is anticipated that effects on estuarine unconsolidated bottom habitats and associated federally managed species would be minor and short-term. 5.3 Oyster Reefs and Shell Banks As previously described, NCDMF benthic habitat maps do not identify any shell bottom areas within or immediately adjacent to the proposed new dredging area. Thus, no direct impacts on shell bottom habitats would be expected. The only mapped shell bottom area in the vicinity of the project area is a narrow linear shell bottom feature along the shoreline of Marsh Island —300-ft west of the new dredging footprint. Fine sediments that are suspended by the dredging process may be transported outside of the active dredging area, potentially affecting shell bottom areas through redeposition. Heavy sediment redeposition can impact oysters by inhibiting larval attachment to hard substrates and reducing the respiration and feeding rates of juveniles and adults (Wilber and Clarke 2010). However, according to Colden and Lipcius (2015), eastern oysters that were subjected to experimental sediment deposition did not exhibit significant mortality or sublethal effects until at least 70% of the shell height was buried. As previously described, the sediments to be excavated from the new dredging area consist predominantly of relatively coarse fine sands that would resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead, bucket, or water injection dredge would primarily be confined to the immediate vicinity of the new dredging footprint and the contiguous AIWW channel. Therefore, it is expected that the effects of dredging -induced sediment suspension and redeposition on oyster reefs and associated federally managed species would be minor and short- term. 5.4 Submerged Aquatic Vegetation (SAV) As previously described, NCDMF SAV maps do not identify any SAV within or immediately adjacent to the proposed new dredging area. Thus, no direct impacts on SAV would be expected. Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion RECEIVED Dial Cordy and Associates Inc. July 2022 19 JUL 26 2022 �&A ..,,ems ­1. Small patches of SAV are identified along the western shoreline of Marsh Island opposite the proposed dredging area. Fine sediments that are suspended by the dredging process may be transported outside of the active dredging area, potentially affecting SAV through increases in turbidity and/or sediment redeposition. However, as previously described, it is anticipated that the predominance of relatively coarse sand in the new dredging area would limit sediment suspension to the immediate vicinity of the active work area. Therefore, it is expected that any adverse effects on SAV and associated federally managed species from dredging -induced sediment suspension and redeposition would be minor and short-term. 5.5 Estuarine Emergent Wetlands (Tidal Marsh) As previously described, the only tidal marshes in the vicinity of proposed new dredging area are located -300 feet west of the dredging footprint along the shoreline of Marsh Island. Therefore, the proposed action would not be expected to have any effect on tidal marshes. 6.0 CONSERVATION MEASURES The following conservation measures would be implemented to avoid or minimize potential effects on EFH/HPAC and federally managed species: • Dredging would be conducted within a 1 October to 31 January construction window. • Water injection dredging (WID) would be conducted only on falling tides. • Good Engineering Practices (GEPs) and Best Management Practices (BMPs) would be applied to all dredging activities. • Dredged material delivery pipelines would be routinely inspected for pressurized leaks, and any leaks that are found would be immediately repaired. • Dredging contractors would be required to maintain spill control plans and waste management plans for all dredging fleet equipment. Essential Fish Habitat Assessment RECEIVED Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 20 JUL 26 2022 DCM-MHD CITY 7.0 REFERENCES Able, K.W. and M.P. Fahay. 2010. Ecology of estuarine fishes: temperate waters of the western North Atlantic. Baltimore: The Johns Hopkins University Press; 2010. 566p. Atlantic States Marine Fisheries Commission (ASMFC). 2011a. Managed Species Spanish Mackerel, Species Profile. Washington, D.C. Accessed March 2011. ASMFC. 2011b. Managed Species Spanish Mackerel, Habitat Fact Sheet. Washington, D.C. Accessed March 2011. ASMFC. 2011c. Managed Species Summer Flounder, Habitat Fact Sheet. Washington, D.C. Accessed March 2009. ASMFC. 2011d. Managed Species Summer Flounder, Species Profile. Washington, D.C. Accessed March 2009. Branstetter, S. 2002. Smooth Dogfish/Mustelus canis canis (Mitchill 1815). In: B.B. Collette BB, Klein-MacPhee G, editors, Fishes of the Gulf of Maine, 3rd ed. Washington: Smithsonian Institution Press; 2002. P 37-38. Churchill, J.H., R.B. Forward, R.A. Luettich, J.L. Hench, W.F. Hettler, L.B. Crowder, and B.O. Blanton. 1999. Circulation and Larval Fish Transport within a Tidally Dominated Estuary. Fisheries Oceanography 8: 173-189. Cleary W.J. and A.C. Knierim. 2001. Turbidity and suspended sediment characterizations: Nixon Channel dredging and beach rebuilding, Figure Eight Island, NC. Report submitted to Figure Eight Beach Homeowners Association, Figure Eight Island, NC, 33 pp. Coastal Planning & Engineering, Inc. (CPE). 2004. Bogue Inlet Channel Erosion Response Project Final Environmental Impact Statement (FEIS). Prepared for the Town of Emerald Isle and submitted to the Army Corps of Engineers. April 2004. Colden, A.M. and R.N. Lipcius. 2015. Lethal and sublethal effects of sediment burial on the eastern oyster Crassostrea virginica. Marine Ecology Progress Series, 527: 105-117. Compagno, L.J.V. 1984. FAO species catalogue. Vol.4. Sharks of the world. An annotated and illustrated catalogue of shark species known to date. Part 1. Hexanchiformes to Lamniformes. Ferguson, R.L. and L.L. Wood. 1994. Rooted Vascular Aquatic Beds in the Albemarle -Pamlico Estuarine System. NMFS, NOAA, Beaufort, NC, Project No. 94-02, 103 pp. Hayes, D. and P.Y. Wu. 2001. Simple approach to TSS source strength estimates. In Proceedings of the WEDA XXI Conference, Houston, TX, June 25-27, 2001. RECEIVED Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion 21 JUL 2 6 Z02Z July 2022 DCM-MHD CITY Hayes, D., T. Crockett, T. Ward, and D. Averett. 2000. Sediment resuspension during cutterhead dredging operations. Journal of Waterway, Port, Coastal, and Ocean Engineering 126(3):153-161. Hettler, W.F. and A.J. Chester. 1990. Temporal Distribution of Ichthyoplankton near Beaufort Inlet, North Carolina. Marine Ecology Progress Series 68: 157-168. Kendall, A.W.J. and L.A. Walford. 1979. Sources and distribution of bluefish, Pomatomus saltatrix, larvae and juveniles off the east coast of the United States. Fishery Bulletin 77:213-227. Kirby -Smith, W.W. and J.D. Costlow. 1989. The Newport River Estuarine System. Duke University Marine Laboratory, Beaufort, NC. Larson, K. and C. Moehl. 1990. Fish entrainment by dredges in Grays Harbor, Washington. In: Effects of dredging on anadromous Pacific Coast fishes. C. A. Simenstad, ed., Washington Sea Grant Program, University of Washington, Seattle, 102-12. LaSalle, M.W., D.G. Clarke, J. Homziak, J.D. Lunz, and T.J. Fredette. 1991. A framework for assessing the need for seasonal restrictions on dredging and disposal operations. Technical Report D-91-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS. McCandless, C.T., N.E. Kohler, and H.L. Pratt Jr. editors. Shark nursery grounds of the Gulf of Mexico and the East Coast waters of the United States. Bethesda: American Fisheries Society, Symposium 50; 2007. 402 p. McGraw, K.A. and D.A. Armstrong. 1990. Fish Entrainment by Dredges in Grays Harbor, Washington. pp. 113-131. In: C.A. Simenstad (ed.). Effects of Dredging on Anadromous Pacific Coast Fishes. Workshop Proceedings, University of Washington Sea Grant, FL. Mercer, L. P., L.R. Phalen, and J.R. Maiolo. 1990. Fishery Management Plan For Spanish Mackerel, Fisheries Management Report No. 18 of the Atlantic States Marine Fisheries Commission Washington, DC. North Carolina Department of Environment, Health, and Natural Resources Morehead City, INC, and East Carolina University Department of Sociology and Anthropology, Greenville, NC. November 1990. Michel, J., A.C. Bejarano, C.H. Peterson, and C. Voss. 2013. Review of biological and biophysical impacts from dredging and handling of offshore sand. OCS Study BOEM 2013-0119 Herndon, Virginia: U.S. Department of the Interior, Bureau of Ocean Energy Management. Mid -Atlantic Fishery Management Council (MAFMC). 1990. Fishery Management Plan for the Bluefish Fishery, Prepared by Mid -Atlantic Fishery Management Council and the Atlantic State Marine Fisheries Commission in cooperation with the National Marine Fisheries Service, the New England Fishery Management Council, and the South Atlantic Management Council. Dover, Delaware. Updated February 2009; Accessed March 2011. Nelson, D.M., E.A. Irlandi, L.R. Settle, M.E. Monaco, and L. Coston-Clements. 1991. Distribution and Abundance of Fishes and Invertebrates in Southeast Estuaries. ELMR Rep. No. 9. NOAA/NOS Strategic Environmental Assessments Division, Silver Spring, MD. 167 p. Essential Fish Habitat Assessment RECEIVED Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 22 JUL 26 2022 DCM-MHD CITY North Carolina Department of Environmental Quality (NCDEQ). 2016. North Carolina Coastal Habitat Protection Plan. North Carolina Department of Environment and Natural Resources, NCDMF. NCDMF. 2006. Stock status of important coastal fisheries in North Carolina. NCDMF, Morehead City, NC. NEFSC. 1999. Essential Fish Habitat Source Document: Summer Flounder, Paralichthys dentatus, Life History and Habitat Characteristics. Woods Hole, Massachusetts. September 1999. Reine, K.J. and D.G. Clark. 1998. Entrainment by Hydraulic Dredges - A Review of Potential Impacts. U.S. Army Engineer Waterways Experiment Station, Research And Development Center, Vicksburg, MS, DOER Tech Notes Collection (TN DOER -El). Ross, S.W. and S.P. Epperly. 1985. Chapter 10: Utilization of shallow estuarine nursery areas by fishes in Pamlico Sound and adjacent tributaries, North Carolina. p. 207-232 in A. YanezAranciba (ed.). Fish Community Ecology in Estuaries and Coastal Lagoons: Towards and Ecosystem Integration. DR (R) UNAM Press, Mexico, 654 pp. Schroeder, P.R. 2009. USACE Technical Guidelines for Practicing the 3Rs of Environmental Dredging. In: Proceedings of the Western Dredging Association Twentyninth Technical Conference and 40th Annual Texas A&M Dredging Seminar, Tempe, AZ, June 2009. Sedberry, G.R. and R.F. Van Dolah. 1984. Demersal fish assemblages associated with hard bottom habitat in the South Atlantic Bight of the USA. Environ. Biol. Fish. 11(1). Settle, L. 2003. Assessment of potential larval entrainment mortality to hydraulic dredging of Beaufort Inlet. Prepared for USACE-Wilmington District for the Morehead City Harbor Environmental Assessment. May 2003. NOAA/NOS National Centers for Coastal Ocean Science. Shepherd, G.R. and D.B. Packer. 2006. Essential Fish Habitat Source Document: Bluefish, Pomatomus saltatrix, Life History and Habitat Characteristics 2n1 edition. NOAA Technical Memorandum, NMFS-NE-198:100. South Atlantic Fishery Management Council (SAFMC). 2011. Regulations by Species, Cobia. Accessed March 2011. SAFMC. 2009. Fishery Ecosystem Plan of the South Atlantic Region. SAFMC, Charleston, SC. SAFMC. 1998. Final Habitat Plan for the South Atlantic Region: Essential Fish Habitat Requirements for Fishery Management Plans of the South Atlantic Fishery Management Council. SAFMC, Charleston, SC. SAFMC. 1983. Fishery Management Plan Final Environmental Impact Statement Regulatory Impact Review Final Regulations for Coastal Migratory Pelagic Resources (Mackerels) In The Gulf of Mexico And South Atlantic Region. South Atlantic Fishery Management Council Charleston, SC; Gulf of Mexico Fishery Management Council Tampa, FL. February 1983. Essential Fish Habitat Assessment RECEIVED Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 23 JUL 2 6 2022 nrm-'A wn CITY SAFMC. 1981. Profile of the penaeid shrimp fishery in the South Atlantic. South Atlantic Fishery Management Council, 1 Southpark Cir., Ste 306, Charleston, S.C. 29407, 321 pp. Stickney, R. 1972. Effects of Intracoastal Waterway Dredging on Ichthyofauna and Benthic Macro- Invertebrates. Technical Report Series. No 72-4. Skidaway Institute of Oceanography, Savannah, GA. July 1972 60 pp. Stickney, R. and D. Perlmutter. 1975. Impact of Intracoastal Waterway maintenance dredging on a mud bottom benthos community. Biol Consery 01/1975; 7(3):211-225. Thayer, G.W., W.J. Kenworthy, and M.S. Fonseca. 1984. The Ecology of Eelgrass Meadows of the Atlantic coast: A Community Profile. U.S. Fish and Wildlife Service, FWS/OBS-84/02, 147 pp. Van Dolah, R.F., D.R. Calder, and D.M. Knott. 1984. Effects of dredging and open -water disposal on benthic macroinvertebrates in a South Carolina estuary. Estuaries 7, 28-37. Van Dolah, R.F., D.R. Calder, D.M. Knott, and M.S. Maclin. 1979. Effects of dredging and unconfined disposal of dredged material on benthic macroinvertebrate communities in Sewee Bay, SC. Marine Resources Center Technical Report 39. Charleston, SC. Weinstein, M.P. 1979. Shallow marsh habitats as primary nurseries for fishes and shellfish, Cape Fear River. NC. Fisheries Bulletin 2: 339-357. Welp, T.L., M.W. Tubman, D.A. Wilson, and C.E. Pollock. 2017. Water Injection Dredging. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Wilber, D.H., W. Brostoff, D.G. Clarke, and G.L. Ray. 2005. Sedimentation: Potential biological effects from dredging operations in estuarine and marine environments. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion RECEIVE';.,, 24 'JUL 26 202? Dial Cordy and Associates Inc. July 2022 BIOLOGICAL ASSESSMENT NORTH BARGE FLEETING AREA EXPANSION PORT OF MOREHEAD CITY 5 July 2022 Prepared for: North Carolina State Ports Authority PO Box 9002 Wilmington, North Carolina 28402 Prepared by: Dial Cordy and Associates Inc. 201 North Front Street, Suite 307 Wilmington, North Carolina 28401 DIAL CORDY AN[) ASSO(.IATIi S_ INC IIM MYY1NlINtl flnKltllftlN.Y -- RECEIVED JUL 2 6 2022 DCM-MHD CITY TABLE OF CONTENTS Page 1.0 INTRODUCTION..............................................................................................................1 2.0 LOCATION AND DESCRIPTION OF THE PROPOSED ACTION....................................2 3.0 DESCRIPTION OF THE ACTION AREA..........................................................................2 4.0 EFFECTS THE PROPOSED ACTION ON LISTED SPECIES AND CRITICAL HABITATS........................................................................................................................6 4.1 Shortnose and Atlantic Sturgeon..................................................................................6 4.1.1 Status, Distribution, and Habitat.............................................................................6 4.1.2 Occurrence in the Action Area...............................................................................7 4.1.3 Factors Affecting the Species................................................................................7 4.1.4 Effects of the Proposed Action on Shortnose and Atlantic Sturgeon ......................8 4.1.5 Determination of Effect..........................................................................................9 4.2 Sea Turtles.................................................................................................................10 4.2.1 Status, Distribution, and Habitat...........................................................................10 4.2.2 Occurrence in the Action Area.............................................................................12 4.2.3 Factors Affecting the Species..............................................................................13 4.2.4 Effects of the Proposed Action on Sea Turtles.....................................................15 4.2.5 Conservation Measures.......................................................................................16 4.2.6 Determination of Effect........................................................................................16 5.0 REFERENCES...............................................................................................................17 RECEIVED JUL 2 6 2022 DCM-MHD CITY Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 0 LIST OF TABLES Page Table 1. Species and critical habitats considered in this assessment..........................................1 LIST OF FIGURES Page Figure 1. Proposed Action Location Map...................................................................................3 Figure 2. North Barge Fleeting Area Expansion Layout.............................................................4 Figure 3. North Barge Fleeting Expansion Area - Existing and Proposed Bathymetry ................5 Figure 4. Loggerhead Turtle Critical Habitat.............................................................................14 RECEIVED JUL 2 6 2022 DCM-MHD CITY Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 LIST OF ACRONYMS % Percent °C Degrees Celsius AIWW Atlantic Intracoastal Waterway ASSRT Atlantic Sturgeon Status Review Team CWA Clean Water Act CY Cubic Yards DPS Distinct Population Segment ESA Endangered Species Act FIR Federal Register FT Feet GEPs Good Engineering Practices BMPs Best Management Practices MCH Morehead City Harbor MLLW Mean Lower Low Water NC North Carolina NCDMF North Carolina Division of Marine Fisheries NCSPA North Carolina State Ports Authority NMFS National Marine Fisheries Service PPT Parts per Thousand RHA Rivers and Harbors Act SAV Submerged Aquatic Vegetation SSSRT Shortnose Sturgeon Status Review Team USACE United States Army Corps of Engineers USFWS United States Fish and Wildlife Service WID Water Injection Dredging Biological Assessment Newport River Barge Fleeting Area Expansion RECEIVED JUL 26 2022 DCM-MHD CITY iii Dial Cordy and Associates Inc. July 2022 1.0 INTRODUCTION This Biological Assessment has been prepared in accordance with Section 7 of the Endangered Species Act (ESA) to address the effects of proposed new dredging work at the Port of Morehead City on listed species and critical habitats. The North Carolina State Ports Authority (NCSPA) has requested Department of the Army authorization pursuant to Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act (RHA) to expand the existing north barge fleeting area in the Newport River at the Port of Morehead City (Port) in Carteret County, North Carolina (NC). The north fleeting area is a temporary mooring facility for loaded barges that are awaiting waterbome transport to inland destinations. Barge fleeting activity at the Port is primarily associated with the transport of imported iron (direct reduced iron and pig iron) to the Hertford Steel plant on the Chowan River in Cofield, NC. Iron imports at the Port have doubled over the last several years; resulting in increased demand for barge fleeting capacity. The proposed action would expand the north barge fleeting area from 2 to 4 acres, thereby accommodating an additional 4 to 6 loaded barges. This assessment considers listed species and critical habitats under the jurisdiction of the NMFS that occur or may occur in the vicinity of the Port of Morehead City; including the Atlantic sturgeon, shortnose sturgeon, loggerhead sea turtle, green sea turtle, Kemps ridley sea turtle, leatherback sea turtle, hawksbill sea turtle, and loggerhead nearshore reproductive critical habitat (Table 1). Table 1. Species and critical habitats considered in this assessment. Species/Critical Habitat ESA Listing Status Effect Determination Leatherback sea turtle (Dermochelys coriacea) Endangered MANLAA Loggerhead sea turtle (Caretta caretta) Threatened MANLAA Green sea turtle (Chelonia mydas) Endangered MANLAA Hawksbill sea turtle (Eretmochelys imbricata) Endangered MANLAA Kemp's ridley sea turtle (Lepidochelys kempfi) Endangered MANLAA Shortnose sturgeon (Acipenserbrevirostrum) Endangered MANLAA Atlantic sturgeon (Acipenser oxyrinchus) Endangered MANLAA Loggerhead Nearshore Reproductive Critical Habitat Critical Habitat NE I MANLAA = May affect, not likely to adversely affect; NE = No Effect Biological Assessment RECEIvr=uDial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 1 JUL 26 2022 2.0 LOCATION AND DESCRIPTION OF THE PROPOSED ACTION The north barge fleeting area is located in the Newport River -600 feet north of the northeast corner of the Port terminal facility (Figure 1). The existing fleeting area encompasses 2.0 acres along the western margin of the Atlantic Intracoastal Waterway (AIWW). The authorized depth of the existing facility matches that of the AIWW at -14 ft MLLW (12 + 2 ft of over dredge). A series of six steel pile mooring piles are currently installed within the fleeting area. The proposed action would expand the existing facility westward by dredging an additional 2.0 acres of subtidal bottom to a depth of -14 ft MLLW (12 + 2 ft of over dredge) (Figure 2). An additional 1.0 acre of new dredging would be required to construct a transitional 3:1 slope along the western margin of the 2.0-acre expansion area. In total, the proposed action would require 3.0 acres of new dredging and the removal of an estimated 35,000 cy of material. No new mooring structures are proposed, as the existing mooring piles are sufficient to accommodate additional barges in the expansion area. The depth of the expansion area would be maintained through periodic maintenance dredging every 2 to 5 years. Existing depths in the proposed new dredging area range from -4 to -14 ft MLLW (Figure 3). The sediments to be removed from the new dredging area are part of a uniform fine sand to silty fine sand layer that extends from the surface to a depth of -45-ft MLLW (Catlin Engineers 2013). Construction of the barge fleeting expansion area would employ a hydraulic pipeline (cutterhead) dredge and/or a mechanical bucket dredge and scow system. Construction dredged material would be placed in one of the existing Port -owned confined disposal facilities; which include the Marsh Island, Brandt Island, and North Radio Island disposal areas. Construction disposal operations for cutterhead dredging would involve direct hydraulic delivery to the disposal area via floating and/or submerged pipeline. In the case of mechanical dredging, disposal would involve the transport of dredged material via scow to the disposal area for placement via mechanical means or hydraulic offloading. Periodic maintenance of the barge fleeting expansion area would be accomplished by the Port -owned water injection dredge. Water injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment -water mixture known as a density current that flows along the bottom via gravity to deeper areas. A pipe manifold with a series of water injection nozzles is used to inject water into the sediment bed. The use of water injection dredging for maintenance of the Port's existing berths, fleeting areas, and turning basins is currently authorized under the Port's existing CAMA Major Permit. 3.0 DESCRIPTION OF THE ACTION AREA The north barge fleeting area is located -3 miles from the Atlantic Ocean in the lower Newport River Estuary between Morehead City and Beaufort in Carteret County, NC. The lower Newport River Estuary is a shallow, tidally -controlled system with an average depth of -3 feet MLLW. Mean tidal range in the lower estuary is 3.1 feet, and salinities approach those of seawater (34 ppt) (Kirby -Smith and Costlow 1989). The proposed new dredging area is located between the AIWW federal navigation channel and the Marsh Island disposal area. The AIWW navigation channel is maintained at a width of 250 feet and depth of 12 + 2 ft MLLW. The Marsh Island disposal area consists of diked uplands that are partially surrounded by unconfined tidal saltmarsh. Benthic habitats within the proposed new dredging area consist of sandy unconsolidated boftom. The surrounding Newport River Estuary contains a complex assemblage of intertidal and shallow subtidal estuarine habitats; including sandy shoals, shellfish beds, submerged aquatic vegetation (SAV) beds, and tidal saltmarsh. RECEIVED Biological Assessment JUL 2 6 2022 Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 bCM-MHD CITY P 0 R -.MOREHEAD 1-Y BEAUF FT BOGUS SOUND X V. 41 O - --- ------- 41 47 so Of IT Figure 1. Proposed Action Location Map RECEIVED Biological Assessment JUL 26 ZUZZ Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 3)CM-MHD CITY Figure 2. North Barge Fleeting Area Expansion Layout Biological Assessment Newport River Barge Fleeting Area Expansion RECEIVED Dial Cordy and Associates Inc. July 2022 rfri,A_k@,HD CITE' A 29 Legend Profile Locatim 1ft Contour(MLLWj Barge Fleeting Area Elevation Ill ® Existing Fleeting Area Value 0 Proposed Fleeting Area - High:-2 Proposed 3.1 Slope Low:-30 A -A' Bathymetric Profile Graph Distance (feet) B - B' Bathyttetric Profile Graph _ F�astmg Baetymetry PrdN 10 Proposed Bathymecy Rolle 12 14 Slope V Proposed Fk rgArea Evsbq FlemgArea Area 16 0 50 100 150 200 250 300 Distance (fact) C - C' Bathymetric Profile Graph_ -6 — 6dsang Bathymetry Prokle to- Proposed Be ftmetry Profile 12 st t4 a Pmposee Fleelag Nea Etisft Fleeeng Mea 0 50 100 150 200 250 31* Distance (feet) 0 150 3W 450 600 Feet Figure 3. North Barge Fleeting Expansion Area - Existing and Proposed Bathymetry :''NEI. Biological Assessment JUL 2 6 2022 Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 O"A-MIn CITY 4.0 EFFECTS THE PROPOSED ACTION ON LISTED SPECIES AND CRITICAL HABITATS 4.1 Shortnose and Atlantic Sturgeon 4.1.1 Status, Distribution, and Habitat Shortnose Sturgeon The shortnose sturgeon was listed as endangered throughout its range on 11 March 1967 (32 FR 4001). The species inhabits large Atlantic coast rivers from the St. Johns River in northeastern Florida to the Saint Johns River in New Brunswick, Canada. Adults in southern rivers are estuarine anadromous, foraging at the saltwater -freshwater interface and moving upstream to spawn in the early spring. Shortnose sturgeon spend most of their lives in their natal river systems and rarely migrate to marine environments. Spawning habitats include river channels with gravel, gravel/boulder, rubble/boulder, and gravel/sand/log substrates. Spawning in southern rivers begins in later winter or early spring and lasts from a few days to several weeks. Juveniles occupy the saltwater -freshwater interface, moving back and forth with the low salinity portion of the salt wedge during summer. Juveniles typically move upstream during the spring and summer and move downstream during the winter, with movements occurring above the saltwater -freshwater interface. In southern rivers, both adults and juveniles are known to congregate in cool, deep thermal refugia during the summer. The shortnose sturgeon is a benthic omnivore that feeds on crustaceans, insect larvae, worms, and mollusks. Juveniles randomly vacuum the bottom and consume mostly insect larvae and small crustaceans. Adults are more selective feeders, feeding primarily on small mollusks (NMFS 1998). No critical habitat has been designated for the shortnose sturgeon. Atlantic Sturgeon The Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) was listed under the ESA in 2012 as five Distinct Population Segments (DPSs); including the endangered New York Bight, Chesapeake Bay, Carolina, and South Atlantic DPSs and the threatened Gulf of Maine DPS (77 FIR 5914, 77 FIR 5880). The Carolina DPS encompasses subpopulations from the Roanoke, Tar/Pamlico, Cape Fear, Waccamaw, Pee Dee, and Santee -Cooper Rivers in NC and South Carolina. Atlantic sturgeon spawn in freshwater, but spend most of their adult life in the marine environment. Spawning adults generally migrate upriver in the spring/early summer, although a fall spawning migration may also occur in some southern rivers. Spawning is believed to occur in flowing water between the salt front and fall line of large rivers. Post -larval juveniles move downstream into brackish waters and eventually move to estuarine waters where they reside for a period of months or years. Subadult and adult Atlantic sturgeons emigrate from rivers into coastal waters, where they may undertake long range migrations. Migratory adult and subadult sturgeon are typically found in shallow (40-70 ft) nearshore waters with gravel and sand substrates. Although extensive mixing occurs in coastal waters, Atlantic sturgeons return to their natal river to spawn [Atlantic Sturgeon Status Review Team (ASSRT) 2007]. In 2017, NMFS designated critical habitat for the Atlantic sturgeon in large spawning river systems throughout the five DPSs (82 FIR 39160). Critical habitat for the Carolina DPS was designated in the Roanoke, Tar -Pamlico, Neuse, Cape Fear, and Pee Dee Rivers of NC and South Carolina. Biological Assessment L 6 ZOZZ Dial Cordy and Associates Inc. JUL Newport River Barge Fleeting Area Expansion y 6 Rr�R4_Arun r•IT/ 4.1.2 Occurrence in the Action Area Shortnose Sturgeon Shortnose sturgeon were thought to be extirpated from NC waters until an individual was captured in the Brunswick River in 1987 (Ross et al. 1988). Subsequent gill -net studies (1989-1993) confirmed the presence of a small population in the lower Cape Fear River (Moser and Ross 1995). In 1998, the NC Division of Marine Fisheries (NCDMF) reported the capture of a shortnose sturgeon in western Albemarle Sound (Armstrong and Hightower 1999). Surveys in the Neuse River during 2001 and 2002 failed to capture any shortnose sturgeon (Oakley and Hightower 2007). The current distribution of the shortnose sturgeon in NC is thought to include only the Cape Fear and Pee Dee Rivers, and no spawning populations have been confirmed in the state [Shortnose Sturgeon Status Review Team (SSSRT) 2010]. Occurrence data specific to the action area vicinity are lacking. Based on its restriction primarily to large rivers, and more specifically riverine waters above the saltwater -freshwater interface, shortnose sturgeon occurrences within the high salinity waters of the action area (i.e., lower Newport River Estuary and Beaufort Inlet) are considered unlikely. The occurrence of a transient individual within the action area cannot be entirely discounted, as genetic studies indicate that some individuals move between the various populations (Quattro et al. 2002, Wirgin et al. 2005). Atlantic Sturgeon Extant spawning populations of the Atlantic sturgeon in NC are currently known from the Roanoke, Tar -Pamlico, Cape Fear, and potentially the Neuse River systems (ASSRT 2007). Laney et al. (2007) analyzed Atlantic sturgeon incidental capture data from winter tagging cruises along the NC and Virginia coasts. Cruises conducted in nearshore ocean waters from Cape Lookout to Cape Charles, Virginia captured 146 Atlantic sturgeons between 1988 and 2006. Captures typically occurred over sand substrate in nearshore waters that were less than 60 feet deep. Laney et al. (2007) concluded that shallow nearshore ocean waters along the NC coast represent an important winter (January -February) habitat and aggregation area for adult and subadult Atlantic sturgeon. Occurrence data for estuarine waters in the vicinity of the action area are lacking; however, based on the work by Laney et al. (2007), it is assumed that adult and subadult Atlantic sturgeon may occur in the vicinity of Beaufort Inlet during the winter months. No critical habitat has been designated in the vicinity of the action area. 4.1.3 Factors Affecting the Species Historical overharvesting contributed to drastic declines in shortnose and Atlantic sturgeon populations. Commercial exploitation of shortnose sturgeons continued into the 1950s, and Atlantic sturgeons were commercially exploited throughout most of the 201 century (NMFS 1998, ASSRT 2007). Although directed commercial harvest is no longer permitted, by -catch mortality associated with other fisheries remains a major threat. By -catch mortality associated with the shad and shrimp fisheries and water quality degradation in nursery habitats are the primary threats currently facing southeastern sturgeon populations (Collins et al. 2000). Dams that block access to spawning grounds are a major stressor in some southern river systems, including the Cape Fear River. Additional stressors include ship strikes and dredging (ASSRT 2007). Potential dredging effects include direct impacts on benthic habitats and food resources, hydrological modifications, turbidity and siltation, contaminant resu sion, and entrainment in hydraulic GEI Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion JUL 26 ZOZZ July 2022 7 DCM-MHD CITY dredge intake pipelines. A total of 18 Atlantic sturgeons were taken by hopper dredges during federal navigation dredging along the South Atlantic Coast from October 1990 to March 2012, including two at Wilmington Harbor (USAGE 2014). No dredge takes have been reported at Morehead City Harbor. 4.1.4 Effects of the Proposed Action on Shortnose and Atlantic Sturgeon This assessment evaluates potential effects on shortnose and Atlantic sturgeon that may occur through the following impact mechanisms: physical disturbance and modification of soft bottom foraging habitat within the dredging footprint, sediment suspension and redeposition, and entrainment by hydraulic dredges. 4.1.4.1.1 Direct Impacts on Soft Bottom Foraging Habitat New dredging would directly impact 3.0 acres of soft bottom habitat in the barge fleeting expansion area. Existing bottom depths ranging from -4 to -13 ft MLLW would be increased to - 14 ft MLLW. Initial construction and subsequent periodic maintenance dredging events would remove the existing benthic infaunal invertebrate community, thereby temporarily reducing the availability of potential prey for shortnose and Atlantic sturgeon. Depending on shoaling rates, the affected benthic infaunal communities would experience recurring maintenance dredging impacts every 2 to 5 years. Studies of benthic community recovery in shallow estuarine navigation channels along the southeastern coast have reported rapid recovery within two to six months (Van Dolah et al. 1984 and 1979, Stickney and Perlmutter 1975, and Stickney 1972). These studies indicate that recolonization via slumping of adjacent undisturbed sediments into the dredged channel is an important recovery mechanism. Van Dolah et al. (1984) also attributed relatively rapid recovery to rapid infilling by sediments that were similar in composition to the extracted material and avoidance of spring benthic invertebrate recruitment periods. Existing surficial sediments in the new dredging footprint are part of a uniform fine sand layer that extends to a depth of -45 ft MLLW, thus the proposed action would not be expected to alter sediment composition. Maximum bottom depth increases of —10 feet would not be expected to alter benthic community composition within the new dredging area. The proposed project construction and maintenance window (01 October - 31 January) would avoid peak benthic invertebrate recruitment periods; thus facilitating relatively rapid recovery with the onset of spring recruitment. 4.1.4.1.2 Sediment Suspension and Redeposition Dredging -induced sediment suspension and associated increases in turbidity can affect the behavior (e.g., feeding, predator avoidance, habitat selection) and physiological functions (e.g., gill -breathing) of marine fishes (Michel et al. 2013). The extent and duration of dredging -induced sediment suspension are influenced by sediment composition at the dredge site, the type of dredge employed, and hydrodynamic conditions at the dredge site (Wilber et al. 2005). Sediment suspension by cutterhead dredges is generally confined to the near bottom water column in the immediate vicinity of the rotating cutterhead assembly (LaSalle at al. 1991). Based on sediment resuspension data collected during navigation dredging projects, Hayes at al. (2000) and Hayes and Wu (2001) reported average cutterhead dredge sediment resuspension rates ranging from 0.003 to 0.135% of the fine silt/clay fraction. Mechanical dredges (bucket and clamshell) generally have higher sediment suspension rates due to the washing of material out of the bucket as it is Biological Assessment Newport River Barge Fleeting Area Expansion Dial Cordy and Associates Inc. July 2022 DCM-MHD CITY withdrawn from the bottom and moved through and above the water column (LaSalle et al. 1991). Water injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment -water mixture known as a density current that flows along the bottom via gravity to deeper areas. Monitoring results for multiple projects in the US indicate that WID-induced sediment suspension is principally confined to the lower water column within 2 to 5 feet of the bottom (Welp at al. 2017). Regardless of dredge type, prolonged sediment suspension and extensive turbidity plumes are primarily associated with the suspension of fine silt/clay particles that have relatively slow settling velocities, whereas sands and gravels that make up the coarse - grained sediment fraction resettle rapidly in the immediate vicinity of the dredge (Schroeder 2009). As previously described, the sediments to be excavated from the new dredging area consist predominantly of relatively coarse sands that would resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead, bucket, or water injection dredge would primarily be confined to the immediate vicinity of the new dredging footprint. It is expected that suspended fine sediments would be rapidly dispersed by currents in the contiguous AIWW navigation channel, thus limiting the duration of any adverse effects on water quality. 4.1.4.1.3 Entrainment Hydraulic dredging operations can potentially impact shortnose and Atlantic sturgeon directly through entrainment in the dredge intake pipe. Although shortnose sturgeon have been taken by both hopper and cutterhead dredges in rivers along the North Atlantic Coast, no dredge takes have occurred along the South Atlantic Coast. The shortnose sturgeon is typically found in the upper portions of rivers above the freshwater -saltwater interface, which reduces the potential for dredge interactions. Based on the absence of reported dredge interactions along the South Atlantic Coast, its restriction primarily to the upper portions of rivers, and the low probability of occurrence in the action area; it is anticipated that the risk of direct injury to shortnose sturgeon from dredging operations would be negligible. Atlantic sturgeon have been taken by both hopper and cutterhead dredges during federal navigation dredging operations along the eastern US coast (USAGE 2014b). However, all confirmed Atlantic sturgeon takes (n=5) by cutterhead dredges occurred in the upper Delaware River during the winter in an area that is known to contain dense aggregations of sturgeon that are resting on the bottom and exhibiting little movement. Analyses of cutterhead dredge intake velocities and sturgeon swimming capabilities indicate that the risk of entrainment is limited to juveniles within 1.0 meter of the dredge pipe intake (NMFS 2012). NMFS has determined through previous separate navigation dredging consultations that mechanical dredges are extremely unlikely to overtake or adversely affect sturgeon (NMFS 2020). Any occurrences of Atlantic sturgeon in the vicinity of the action area would likely consist of adults or subadults that would be able to avoid the dredge pipeline suction field. Based on the absence of reported cutterhead dredge interactions along the South Atlantic Coast and the absence of suitable juvenile nursery habitats in the vicinity of the action area, it is anticipated that the risk of direct injury to Atlantic sturgeon from dredging operations would be negligible. 4.1.5 Determination of Effect The risk of direct injury to sturgeon from dredging is considered negligible, and the proposed action would have only minor short-term effects on potential foraging habitats and water quality. Therefore, it is determined that the proposed action may affect, but is not likely to adversely affect shortnose and Atlantic sturgeon. RECEIVED Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion JUL 2 6 2022 July 2022 9 DCM-MHD CITY 4.2 Sea Turtles 4.2.1 Status, Distribution, and Habitat Loggerhead Sea Turtle The loggerhead sea turtle (Caretta caretta) was initially listed under the ESA as threatened throughout its range on 28 July 1978 (43 FIR 32800). In 2011, the loggerhead's ESA status was revised to threatened and endangered based on the recognition of nine DPSs. Distinct population segments encompassing populations in the Northwest Atlantic Ocean, South Atlantic Ocean, Southwest Indian Ocean, and Southeast Indo-Pacific Ocean were reclassified as threatened; while the remaining five populations in the Northeast Atlantic Ocean, Mediterranean Sea, North Pacific Ocean, South Pacific Ocean, and North Indian Ocean were reclassified as endangered. Nesting in the US occurs along the Atlantic and Gulf coasts from southern Virginia to Texas, but is concentrated from NC through Alabama (NMFS and USFWS 2008). Post-hatchlings initially reside in neritic (continental shelf) waters where they inhabit convergence zones with accumulations of floating material such as sargassum. After a period of weeks or months, post- hatchlings enter oceanic waters and begin a juvenile oceanic phase of development. Oceanic phase juveniles appear to move with the predominant ocean gyres for several years before returning to neritic waters where juvenile development continues to adulthood. In the US, juvenile neritic phase loggerheads inhabit essentially all continental shelf waters along the Atlantic and Gulf of Mexico coasts; including protected estuarine waters (sounds and bays). Adults primarily inhabit offshore continental shelf waters from New York south through Florida and in the Gulf of Mexico. Adult loggerheads are less likely than juveniles to utilize enclosed shallow estuarine waters that have limited ocean access; however, shallow estuaries with expansive ocean access comprise important foraging habitats for both juveniles and adults (NMFS and USFWS 2008). Green Sea Turtle The green sea turtle (Chelonia mydas) was initially listed as endangered and threatened under the ESA on 28 July 1978 (43 FIR 32800). Breeding populations in Florida and along the Mexican Pacific Coast were listed as endangered, while all other populations throughout the species' range were listed as threatened. In 2011, the green sea turtle's ESA status was revised to threatened and endangered based on the recognition of eight DPSs (81 FIR 20057). All green sea turtles in the North Atlantic were listed as threatened under the North Atlantic Ocean DIPS. Nesting in the US is primarily limited to Florida, although nesting occurs in small numbers along the southeast coast from Georgia to NC and the Gulf Coast of Texas. In US waters, green sea turtles are distributed along the Atlantic and Gulf Coasts from Massachusetts to Texas (NMFS and USFWS 2007a). Post-hatchlings migrate to oceanic waters and begin an oceanic juvenile phase of development. Oceanic phase juveniles appear to move with the predominant ocean gyres for several years before returning to neritic waters where juvenile development continues to adulthood. Neritic phase juveniles inhabit shallow estuarine waters and nearshore waters that are rich in seagrasses and/or marine macroalgae. Adults generally occur in relatively shallow foraging habitats with abundant seagrasses and macroalgae, but may enter the oceanic zone when migrating between foraging grounds and nesting beaches. No critical habitat has been designated for the green sea turtle in the continental US. RECEIVED Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion JUL 26 2022 July 2022 10 DCM-MHD CITY Kemp's Ridley Sea Turtle Kemp's ridley turtles (Lepidochelys kempii) occur primarily in coastal waters of the Gulf of Mexico and the western North Atlantic Ocean. Data indicate that adults utilize coastal habitats of the Gulf of Mexico and the southeastern United States. Adults inhabit nearshore waters and are commonly found over crab -rich sandy or muddy bottoms. Nesting is limited primarily to the northeastern coast of Mexico, although rare nesting events have been recorded from the southeastern United States. Hatchlings migrate to the oceanic zone where they are carried by currents into various areas of the Gulf of Mexico and the North Atlantic Ocean. At approximately two years of age, juveniles leave the oceanic zone and move to coastal benthic habitats in the Gulf of Mexico and the Atlantic Ocean along the eastern United States. During this stage, juveniles occupy protected coastal waters such as bays, estuaries, and nearshore waters that are less than 165 ft. deep. Juveniles utilize a wide range of bottom substrates, but apparently depend on an abundance of crabs and other invertebrates (NMFS and USFWS 2007c). Leatherback Sea Turtle The leatherback turtle (Dermochelys coriacea), federally endangered, occurs in all oceans of the world and has the largest geographic range of any turtle. Nesting occurs on beaches throughout tropical and subtropical regions, and foraging turtles are distributed north and south into sub -polar regions. Major nesting areas in the western North Atlantic Ocean and Caribbean Sea include Florida, St. Croix, the United States Virgin Islands, Puerto Rico, Costa Rica, Panama, Columbia, Trinidad and Tobago, Guyana, Surinam, and French Guiana. Adults and sub -adults migrate seasonally to foraging areas in the northern latitudes, and during the summer and fall; the highest densities of leatherback turtles in the north Atlantic are located in Canadian waters (NMFS and USFWS 2007e). Although leatherback turtles are commonly known as highly pelagic animals, recent telemetry studies have documented high use foraging sites in continental shelf and slope waters (James et al. 2005). Leatherback turtles undertake extensive migrations between northern foraging grounds and tropical and subtropical nesting beaches. Little is known of the distribution and developmental habitat requirements of hatchling, juvenile, and sub -adult leatherback turtles (NMFS and USFWS 2007e). Hawksbill Sea Turtle Hawksbill turtles (Eretmochelys imbricate), federally endangered, are distributed circumglobally in tropical, and to a lesser extent, subtropical waters of the Atlantic, Indian, and Pacific Oceans. Nesting occurs on ocean beaches throughout the tropics and subtropics. In the continental United States, hawksbill turtles have been reported from all of the Gulf States and along the east coast as far north as Massachusetts; however, sightings north of Florida are rare. Major nesting areas in the western North Atlantic Ocean include the insular Caribbean, the Yucatan Peninsula in Mexico, and Panama. Nesting in the continental United States is primarily restricted to the southeastern coast of Florida and the Florida Keys (NMFS and USFWS 1993). Hatchlings are carried by ocean currents to the oceanic zone where they reside in major ocean gyres. Once a carapace length of eight to 12 inches is reached, juveniles leave the oceanic zone and move to nearshore habitats. Juveniles and adults are most commonly associated with coral reef habitats; however, additional habitats may include other hardbottom habitats, seagrass beds, algal beds, mangrove bays and creeks, or mud flats. As immature turtles increase in size, they occupy a series of habitats, with larger turtles showing some preference for deeper sites. Post pelagic juveniles and adults utilize a variety of food items that include sponges and other invertebrates, Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 111 6 2022 OCM-MHD CITY as well as marine macroalgae (NMFS and USFWS 2007d). Hawksbill sea turtles are rare in NC waters (Epperly et al. 1995a) and are primarily associated with coral reef habitats (NMFS and USFWS 2007c). Coral reef habitats along the NC coast are restricted to deep offshore waters >20 miles from shore (Maclntyre and Pilkey 1969, Maclntyre 2003). 4.2.2 Occurrence in the Action Area Loggerhead, Green, and Kemps Ridley North Carolina's sounds and estuaries provide important developmental and foraging habitats for post -pelagic juvenile loggerhead, green, and Kemp's ridley turtles. Most of the information regarding the inshore distribution of marine turtles in North Carolina has been generated by studies in the Pamlico -Albemarle estuarine complex, where large numbers of loggerhead, green, and Kemp's ridley turtles are incidentally captured each year during commercial fishing operations. All three species are represented primarily by juveniles, with few reported captures of older juveniles and adults (Epperly et al. 2007). Juveniles of all three species move inshore during the spring and disperse throughout the sounds during the summer. Juveniles leave the sounds and move offshore during the late fall and early winter. Aerial surveys have shown a strong relationship between turtle sea distribution and sea surface temperature. Goodman et al. (2007) conducted aerial turtle surveys and sea surface temperature monitoring in Core Sound, Pamlico Sound, and adjacent nearshore ocean waters from July 2004 to April 2006. All but one of the 92 turtle observations occurred in waters where sea surface temperatures were above 11 degrees Celsius (°C). All sightings in the sounds occurred between 16 April and 20 November, and all sightings in the nearshore ocean occurred between 23 April and 27 November. The winter distribution of turtles offshore of Cape Hatteras was also correlated with sea surface temperatures above 11°C (Epperly et al. 1995c). In a similar study by Coles and Musick (2000), turtle distribution offshore of Cape Hatteras was restricted to sea surface temperatures >_13.3°C. Leatherback and Hawksbill The leatherback sea turtle is primarily a pelagic species of deep, offshore waters. Leatherbacks are known to occur in nearshore ocean waters during certain times of the year, but rarely enter interior estuarine waters. Epperly et al. (1995b) reported the appearance of significant numbers of leatherback turtles in nearshore ocean waters during May, coincident with the appearance of jellyfish prey. Aerial surveys by Goodman et al. (2007) along the Outer Banks coastline recorded only one leatherback in the nearshore ocean during the summer. Epperly et al. (1995a) reported the occurrence of three leatherback turtles in Core and Pamlico Sounds during December 1989. Hawksbill sea turtles are rare in NC and they rarely enter estuarine waters (Epperly et al. 1995a). A total of nine hawksbill turtle stranding incidents were reported along North Carolina beaches between 1998 and 2009 (Seaturtle.org 2011). Strandings were reported during the months of January, March, April, and November. Epperly et al. (1995b) reported the incidental capture of one hawksbill turtle in Pamlico Sound. RECEIVED Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion JUL 26 2022 July 2022 12 DCM-MHD CITY Loggerhead Nearshore Reproductive Critical Habitat Nearshore ocean waters along Bogue Banks from the MHW line out to 1.6 kilometers (km) are designated as nearshore reproductive critical habitat for the loggerhead sea turtle (Figure 4). Nearshore marine critical habitat units represent reproductive habitat along nesting beaches that is used by hatchlings for egress to the open ocean and by nesting females for movements between beaches and the open ocean during the nesting season. Critical nearshore reproductive habitat PCEs include: 1) nearshore waters directly off the highest density nesting beaches and their adjacent beaches, 2) waters sufficiently free of obstructions and artificial lighting to allow transit through the surf zone to open water, and 3) waters with minimal manmade structures that could promote predators, disrupt wave patterns necessary for orientation, and/or create excessive longshore currents (79 FR 39855). 4.2.3 Factors Affecting the Species Threats that are common to all marine turtle species in estuarine and marine environments include fisheries by -catch, vessel strikes, marine debris ingestion or entanglement, and entrainment by hydraulic dredges (NMFS and USFWS 2007a-e). Threats associated with fisheries by -catch include entrapment in trawls and entanglement in a wide variety of other fishing gear. Shrimp trawling is the most detrimental fishing practice and the greatest overall anthropogenic cause of loggerhead turtle mortality. Mortality associated with shrimp trawling is estimated to be ten times that of all other anthropogenic activities combined. Vessel strikes are also a common cause of turtle mortality. Of all loggerhead turtle strandings that were reported from 1997 through 2005, 14.9% exhibited signs of vessel strikes. Marine turtles are vulnerable to direct injury by hopper dredges as a result of being entrained in the dredge intake pipe during the sediment extraction process. The Wilmington District USACE reported takes of 30 loggerhead, four Kemp's ridley, and three green sea turtles by hopper dredges in the vicinity of Wilmington Harbor from 1992-2013 (USACE 2016). Most of the reported takes in the vicinity of Morehead City Harbor (MCH) occurred during late November through mid -December and mid - March through April. Takes of hawksbill and leatherback sea turtles by dredges have not been reported along the southeastern US coast. Hawksbill sea turtles are rare in NC waters (Epperly et al. 1995a) and are primarily associated with coral reef habitats (NMFS and USFWS 2007c). Coral reef habitats along the NC coast are restricted to deep offshore waters >20 miles from shore (Maclntyre and Pilkey 1969, Maclntyre 2003). Biological Assessment Newport River Barge Fleeting Area Expansion jUL G 6 [ULr 13 DCM-MHD CITY Dial Cordy and Associates Inc. July 2022 Figure 4. Loggerhead Turtle Critical Habitat RECEIVED Biological Assessment JUL 26 2022 Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 DdM-MHD CITY 4.2.4 Effects of the Proposed Action on Sea Turtles This assessment considers potential effects on sea turtles that may occur through the following impact mechanisms: physical interactions with dredging equipment, physical disturbance and modification of benthic foraging habitat within the dredging footprint, and sediment suspension and redeposition. 4.2.4.1.1 Dredge Interactions The proposed dredging window of 1 October - 31 January encompasses periods of warmer water temperatures (October and November) when loggerhead, green, and Kemps ridley sea turtles are likely to be present in the vicinity of the action area. Construction and maintenance of the barge fleeting expansion area would employ hydraulic pipeline (cutterhead) and/or mechanical bucket dredges. Sea turtle takes by cutterhead dredges have not been reported along the southeastern US coast, and only one take by a mechanical dredge has been reported over the past several decades (NMFS 2012). In prior separate consultations with the Wilmington District, NMFS has made the determination that hydraulic cutterhead and mechanical navigation dredging activities are not likely to adversely affect sea turtles (NMFS 2012). Therefore, it is expected that the risk of sea turtle -dredge interactions resulting in injury or mortality would be negligible. 4.2.4.1.2 Impacts on Benthic Foraging Habitat Based on a review of NCDMF benthic habitat maps, there are no SAV or shell bottom habitats in the immediate vicinity of the proposed new dredging area. New dredging would directly impact 3.0 acres of potential soft bottom foraging habitat in the barge fleeting expansion area. Existing bottom depths ranging from -4 to -13 ft MLLW would be increased to -14 ft MLLW. Initial construction and subsequent maintenance dredging events would remove the existing benthic infaunal invertebrate community, thereby temporarily reducing the availability of potential prey for sea turtles. However, studies of benthic community recovery in shallow estuarine navigation channels along the southeastern coast have reported rapid recovery within two to six months (Van Dolah et al. 1984 and 1979, Stickney and Perlmutter 1975, and Stickney 1972). These studies indicate that recolonization via slumping of adjacent undisturbed sediments into the dredged channel is an important recovery mechanism. Van Dolah et al. (1984) also attributed relatively rapid recovery to rapid infilling by sediments that were similar in composition to the extracted material and avoidance of spring benthic invertebrate recruitment periods. Existing surricial sediments in the new dredging footprint are part of a uniform fine sand layer that extends to a depth of -45 ft MLLW, thus the proposed action would not be expected to alter sediment composition. Maximum bottom depth increases of -10 feet would not be expected to alter benthic community composition within the new dredging area. The proposed project construction and maintenance window (01 October - 31 January) would avoid peak benthic invertebrate recruitment periods; thus facilitating relatively rapid recovery with the onset of spring recruitment. 4.2.4.1.3 Sediment Suspension Dredging -induced sediment suspension and associated increases in turbidity may affect sea turtle behaviors such as foraging and habitat selection. As previously described, the sediments to be excavated from the new dredging area consist predominantly of relatively coarse sands that would RECEIVED Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion 15 `IUL 26 2022 July 2022 DCM-MHD CITY resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead, bucket, or water injection dredge would primarily be confined to the immediate vicinity of the new dredging footprint. Furthermore, it is expected that suspended fine sediments would be rapidly dispersed by currents in the contiguous AIWW navigation channel, thus limiting the duration of any behavioral effects on sea turtles. 4.2.5 Conservation Measures The following conservation measures would be implemented to avoid or minimize potential effects sea turtles: • Construction and maintenance dredging would be conducted within a 1 October to 31 January project window. • Water injection dredging (WID) would be conducted only on falling tides. • Good Engineering Practices (GEPs) and Best Management Practices (BMPs) would be applied to all dredging activities. • Dredged material delivery pipelines would be routinely inspected for pressurized leaks, and any leaks that are found would be immediately repaired. • Dredging contractors would be required to maintain spill control plans and waste management plans for all dredging fleet equipment. 4.2.6 Determination of Effect Loggerhead, Green, Kemps Ridley, Leatherback, and Hawksbill Sea Turtles The proposed dredging window of 1 October - 31 January encompasses periods of warmer water temperatures (October and November) when all five listed sea turtles could potentially occur in the vicinity of the action area. However, the risk of direct injury to sea turtles from dredging is considered negligible, and the proposed action would have only minor short-term effects on potential foraging habitats and water quality. Therefore, it is determined that the proposed action may affect, but is not likely to adversely affect the loggerhead, green, Kemps ridley, leatherback, and hawksbill sea turtles. Loggerhead Nearshore Reproductive Critical Habitat Nearshore reproductive critical habitat for the loggerhead sea turtle is located —3 miles from the proposed new dredging area along the oceanfront shoreline of Atlantic Beach. Therefore, it is determined that the proposed action would have no effect on nearshore reproductive critical habitat for the loggerhead sea turtle. RECEIVED Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion JUL 26 2022 July 2022 16 DCM-MHD CITY 5.0 REFERENCES Atlantic Sturgeon Status Review Team (ASSRT). 2007. 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USACE, South Atlantic Division, Atlanta, GA. Biological Assessment JUL 2 6 LULL Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 nt.V-MHD CITY Van Dolah, R.F., D.R. Calder, D.M. Knott, and M.S. Maclin. 1979. Effects of dredging and unconfined disposal on macrobenthic communities in Sewee Bay, South Carolina. Tech. Rep. 39. South Carolina Marine Resources Center, Charleston, SC. Van Dolah, R.F., D.R. Calder, and D.M., Knott. 1984. Effects of dredging and open water disposal on benthic macroinvertebrates in a South Carolina estuary. Estuaries 7:28-37. Welp, T.L., M.W. Tubman, D.A. Wilson, and C.E. Pollock. 2017. Water Injection Dredging. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Wilber, D.H., W. Brostoff, D.G. Clarke, and G.L. Ray. 2005. Sedimentation: Potential biological effects from dredging operations in estuarine and marine environments. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Wirgin, I., C. Grunwald, E. Carlson, J. Stabile, D.L. Peterson, and J. Waldman. 2005. Range - wide population structure of shortnose sturgeon, (Acipenser brevirostrum), based on sequence analysis of the mitochondrial DNA control region. Estuaries Vol. 28(3): 406- 421. Biological Assessment Newport River Barge Fleeting Area Expansion RECEIVED JUL 26 2022 DCM-MHD CITY Dial Cordy and Associates Inc. July 2022 317