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Home My WebLink About49-19 Minor Mod 05/2024Permit Class MODIFICATION/MINOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X. Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 49-19 Issued to Dare County PO Box 1000 Manteo NC 27954 Authorizing development in Dare County, at Oregon Inlet from the ocean bar channel to Old House Channel Range 1 as requested in the permittee's application letter dated 3/27/24. This permit, issued on May 7, 2024 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation >f these terms may be subject to civil or criminal penalties; or may cause me permit to oe nut ano voiu. 1) Unless specifically altered herein, this Minor Modification amends Condition No. 5 of the Major Modification issued on 12/21/21, to approve removal of the "no dredge" avoidance buffer area established around the W.G. Townsend, all as expressly and specifically set forth in the attached modification request letter. 2) All other conditions and stipulations of the active permit remain in force under this Minor Modification unless specifically altered herein. 3) This Minor Modification shall be attached to the original of Permit No. 49-19, which was issued on 6/24/19, as well as all subsequent modifications and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. -For Tattered Miller, Director Division of Coastal Management This permit and its conditions are hereby accepted. V. . a6�� Signature of Permittee Dare County ADDITIONAL CONDITIONS Permit No. 49-19 Page 2 of 2 NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers has authorized the proposed project by way of permit modification with an Action ID No. 2019-00175. NOTE: The N.C. Division of Water Resources previously authorized the original project by way of Individual Water Quality Certification No. WQC006282 and assigned the project D WR Project No. 2019-0264v7. NOTE: An application processing fee of $100 was received by DCM for this project. Permit Class Permit Number MODIFICATION/MINOR 49-19 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Dare County, PO Box 1000, Manteo, NC 27954 Authorizing development in Dare County, at Oregon Inlet, from the ocean bar channel to Old House Channel Range 1 , as requested in the permittee’s application letter dated 3/27/24. This permit, issued on May 7, 2024 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to civil or criminal penalties; or may cause the permit to be null and void. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DE Q and the Chair of the Coastal Resources Commission. For Tancred Miller, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee 1) Unless specifically altered herein, this Minor Modification amends Condition No. 5 of the Major Modification issued on 12/21/21, to approve removal of the “no dredge” avoidance buffer area established around the W.G. Townsend, all as expressly and specifically set forth in the attached modification request letter. 2) All other conditions and stipulations of the active permit remain in force under this Minor Modification unless specifically altered herein. 3) This Minor Modification shall be attached to the original of Permit No. 49-19, which was issued on 6/24/19, as well as all subsequent modifications and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. (See attached sheet for Additional Conditions) Dare County Permit No. 49-19 Page 2 of 2 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers has authorized the proposed project by way of a permit modification with an Action ID No. 2019-00175. NOTE: The N.C. Division of Water Resources previously authorized the original project by way of Individual Water Quality Certification No. WQC006282 and assigned the project DWR Project No. 2019-0264v7. NOTE: An application processing fee of $100 was received by DCM for this project. COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC 4038 MASONBORO LOOP ROAD WILMINGTON, NC 28409 910-399-1905 Page 1 of 4 March 27, 2024 Heather Coats North Carolina Division of Coastal Management Beach & Inlet Management Project Coordinator 127 Cardinal Drive Wilmington, NC 28405 Subject: Request for Modification to CAMA Major Permit #49-19, re: W.G. Townsend Wreck Dear Ms. Coats, The Division of Coastal Management (DCM) issued a CAMA Major Permit (#49-19) for the maintenance of Oregon Inlet utilizing a new privately owned special purpose/hopper dredge (Miss Katie) on June 24, 2019. The permit was subsequently modified December 21, 2021 and September 20, 2023. Specifically, this permit allows Miss Katie to dredge in the same manner and under the same conditions as what is currently authorized for US Army Corps of Engineers (USACE) within the waters in proximity to Oregon Inlet. The dimensions of the channels specified in the permit include a 16-feet deep by 400-feet wide channel through Oregon Inlet and the ocean bar, an approximate 16,050-foot-long portion of the channel from Oregon Inlet to Hell’s Gate (12-feet deep by 100-feet wide), and an approximate 2,850-foot-long portion of Old House Channel (12-feet deep by 100-feet wide) in Dare County. The dredging footprints, as described above, follow deep-water and are bound by the constraints of the “dredge corridor”, as labeled in the drawings submitted with the County’s permit application. In 1991, a remote sensing survey was conducted at Oregon Inlet for the USACE by Pan-American Consultants, Inc. under contract with GAI Consultants, Inc. This survey was designed to determine the presence or absence of targets that might represent historically significant shipwrecks within an area where a previously proposed jetty construction and dredging project was proposed. This work was done under the Scope of Work entitled “Underwater Archaeological Remote Sensing Sample Survey, Oregon Inlet Jetties, Manteo (Shallowbag) Bay Project, Dare County, North Carolina” under Contract No. DACW54-91-0010. The 1991 Pan-American survey, which employed both magnetometer and side-scan sonar, identified three targets which represented possible shipwreck sites. One of the targets was determined to represent the remains of the tug W.G. Townsend that was lost in 1961. At the time (1991), the W.G. Townsend was not eligible for the National Register of Historic Places (NRHP) because it was less than 50 years old. However, in 2019, when the County submitted its permit application, the wreck was 58 years old and potentially eligible for NRHP. As described in the 1991 Pan-American survey report, the W.G. Townsend was destroyed with dynamite by Mr. Art LePage, a salvage contractor, in the late 1980’s to clear the area for navigation (McPherson, personal communication 1991). COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC 4038 MASONBORO LOOP ROAD WILMINGTON, NC 28409 910-399-1905 Page 2 of 4 Due to the presence of the W.G Townsend and the two other possible wrecks identified by the Pan-American survey within the project area, SHPO recommended to DCM that an archaeological survey of the project area be performed prior to permitting any dredging, as codified in an email dated March 11, 2019 from the former Office of State Archeology’s Assistant State Archeologist Nathan Henry to Heather Coats (DCM). Accordingly, Condition #5 of CAMA Major Permit #49-19, stated: Prior to the initiation of any dredging activities authorized by this permit, the permittee shall, in coordination with the N.C. Department of Natural and Cultural Resources (DNCR), develop and implement an archaeological survey of the proposed project area. Initiation of permitted dredging activities shall not begin until written approval is obtained from DNCR, and a copy of such approval has been submitted to the Division of Coastal Management. Subsequent to the issuance of the CAMA Major Permit, in April 2019 APTIM Coastal Planning & Engineering of North Carolina, Inc. (APTIM), working as Dare County’s agent, engaged in an email correspondence with Mr. Henry to determine if DNCR would be amenable in ascribing 100’ “no dredge” buffers around the possible wrecks, including the W.G. Townsend in lieu of the County’s need to perform an archaeological survey. In response, Mr. Henry stated: “a ‘no dredge buffer’ would be ideal around those wrecks. The radius is problematic in that (1) the exact coordinates of the wrecks have not been verified by anyone in our department and (2) the extent of the debris scatter is not known… while the coordinates we have been supplied give a general picture of where these wrecks may lay I would in no way trust them if there was a chance that a very expensive dredge would be operating near them”. In a letter dated July 8, 2019, APTIM formally requested that DNCR agree to a 100’ radius “no dredge” buffer (or other appropriate distance) around these features. On December 13, 2021, DNCR provided a letter to APTIM agreeing that: “a 100-foot radius ‘no dredge’ buffer placed around the point coordinates determined to be the center of these three targets in the earlier surveys…. would provide points of reference for the dredge operator and adequate protection to the potentially significant wrecks of the Lois Joyce and the tug W.G. Townsend. If this action is taken, we agree that Dare County will be compliant with Condition #5 of CAMA Permit No. 49- 19 and no additional archaeological survey work will be needed.” DCM issued a Major Permit Modification to the Permit #49-19 on December 21, 2021 to allow for dredging to -14 ft (with a 2’ overdredge allowance). In recognition of the December 13, 2021 DNCR letter cited above, Condition #5 of the CAMA permit was modified to state: “In accordance with commitments made by the permittee, prior to the initiation of any dredging activities in or adjacent to the ocean bar channel, the permittee shall submit a plan depicting the three applicable avoidance buffer areas adjacent to the channel. Initiation of permitted dredging activities shall not begin until written approval of this plan is obtained from the N.C. Department of Natural and COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC 4038 MASONBORO LOOP ROAD WILMINGTON, NC 28409 910-399-1905 Page 3 of 4 Cultural Resources, and a copy of such approval has been submitted to the Division of Coastal Management”. Since the issuance of permits, all dredging operations have abided by the required “no-dredge” buffers. Over recent weeks, however, the Oregon Inlet ocean bar channel has migrated directly atop the location of the W.G. Townsend wreck based on the coordinates determined in the 1991 Pan-American survey. Accordingly, due to the 100’ “no- dredge” buffer which surrounds this point, no maintenance dredging is permissible within a portion of the channel resulting in a potential safety concern for mariners attempting to navigate through the inlet. With this in mind, and in consideration that the blasted wreck is situated in a highly dynamic area characterized by shifting sands and migrating channels, the USACE performed a multi-beam survey of the ocean bar channel in proximity to the last known location of the W.G. Townsend wreck on February 27, 2024 to determine if any hazards to navigation were exposed on the seafloor surface in the vicinity of the coordinates of the magnetic anomaly identified during the 1991 survey. According to Todd Horton, Chief of USACE Navigation Branch Wilmington District, as stated in a March 14, 2024 email: “Analysis of the 27 February survey data indicates there are no visible obstructions of any type, wreck debris or otherwise, within a 500-foot radius of the vessel site or within the federal navigation channel…. …We also contacted Steve Soherr with the NOAA Office of Coastal Survey, who confirmed that the wreck was changed to “distributed remains of a wreck" as opposed to a submerged or visible wreck in 1982…. Steve also provided a copy of the Notice to Mariners which was issued discontinuing the warning buoy that marked the wreck. It also indicated the wreck is no longer considered a hazard to navigation. Based on this information, Navigation Branch determines navigation hazards are not present, including the wreck WG Townsend, within the currently defined federal route across Oregon Inlet Bar.” In his email correspondence, Mr. Horton provided supporting information including survey data, survey metadata, two images generated from the data depicting the surface void of any remnants of the wreck and a copy of NOAA’s Notice to Mariners that stated the wreck of the W.G. Townsend is no longer considered a hazard to navigation. Based on the little-known history of the tugboat combined with the fact that her blasted remnants have not been located in over 40 years, Dare County is of the opinion that the W.G. Townsend does not meet the criteria for inclusion on the NRHP. In reference to the W.G. Townsend and two other wrecks located within the project area (the Lois Joyce and the Elizabeth Christine), the former Office of State Archeology’s Assistant State Archeologist stated, “The known wrecks in the inlet are probably not highly historically significant but the tug is potentially eligible for inclusion on the National Register, due to its age….” in an email to DCM’s Heather Coats and March 11, 2019. With this context in mind and based on the results of the recent multibeam survey that found no navigational hazards presumably associated with the wreck above -15.3’ MLLW, Dare County submitted a letter to NCDNCR on March 15, 2024 requesting concurrence that the W.G. Townsend is no longer considered eligible for listing on the COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC 4038 MASONBORO LOOP ROAD WILMINGTON, NC 28409 910-399-1905 Page 4 of 4 NHRP. On March 26, 2024, NCDNCR provided this concurrence in the letter attached below. Specifically, it is stated: “While fragments of the wreck may remain buried, it likely does not retain sufficient integrity to make this World War II era vessel potentially eligible for the NRHP. Additionally, the current water depth over the site location is greater than the authorized dredge limit of 14 feet which further mitigates any potential impact.” Accordingly, Dare County is requesting that DCM modify the existing CAMA Major Permit #49-19 by removing the need to avoid the remnants of the W.G. Townsend as is currently required in Condition #5. Please reach out to me should you need any additional information. Sincerely, Brad Rosov Senior Marine Biologist/Project Manage Coastal Protection Engineering of North Carolina, Inc. Office: 910-399-1905 Mobile: 910-352-1555 brosov@coastalprotectioneng.com CC: Bobby Outten, Dare County Barton Grover, Dare County Steve House, Dare County Harry Schiffman, Oregon Inlet Task Force Jordan Hennessy, EJE Dredging