20110786 Ver 3_USCG Oregon Inlet Permit Supplement_Attachments_8AUG23_FINAL_20230811

Project Name: Walter Slough Navigation Channel Maintenance Dredging
The U.S. Army Corps of Engineers (USACE), on behalf of the U.S. Coast Guard
(USCG), is seeking verification of Nationwide Permit (NWP) No. 23, for Approved
Categorical Exclusions, from the USACE Regulatory Division, for the maintenance
dredging of the Walter Slough navigation channel and USCG boat basin. The USACE
also requests a Water Quality Certificate (WQC) from the North Carolina Department of
Environmental Quality (NCDEQ), Division of Water Resources (DWR). This document is
intended to address the relevant regulations regarding the aforementioned NWP and
WQC (Appendix A— Water Quality Certificate Supplement).
Project History: Dredging of the Walter Slough navigation channel and the USCG
Station Oregon Inlet boat basin was previously authorized by USACE Regulatory
Division with the issuance of a Standard Permit (SAW-2011-01747) on June 12, 2012.
The NCDEQ, DWR issued a corresponding WQC No. 3919 (Project No. 20110786) on
May 23, 2012, with a June 1, 2012, revision. A Federal consistency concurrence dated
November 17, 2011, for the project was obtained. These authorizations are included as
Appendix B. A final Environmental Assessment (EA) and Finding of No Significant
Impact (FONSI) (Maintenance of Walter Slough Access Channel and Basin for US
Coast Guard Station Oregon Inlet, Dare County, North Carolina) was completed by the
USCG in August 2013. The EA addressed potential environmental impacts associated
with maintenance dredging using various dredge types, including hydraulic pipeline,
mechanical, Government owned special purpose (small hopper), and Government
owned suction or draghead. Similarly, the EA also addressed several placement
options, including control-of-effluent on Island D bird island, placement in a confined
upland facility, temporary upland placement with subsequent removal, and open water
placement (adjacent to Herbert C. Bonner Bridge pilings and nearshore placement off
Pea Island) (Figure 1).
Project Purpose: The project purpose is to maintenance dredge the Walter Slough
navigation channel and USCG Station Oregon Inlet boat basin, with the ability to utilize
multiple dredge types and placement options for dredged material.
Activity Location: The project area is located within waters of the United States,
associated with Walter Slough Channel, waterward of 8700 NC Highway 12, Nags
Head, Dare County, North Carolina (Latitude: 35.791091; Longitude: -75.566071).
Proposed Project: The proposed project is to conduct as-needed maintenance
dredging of shoaled areas within the Walter Slough navigation channel and USCG
Station Oregon Inlet boat basin (Figure 2), over the lifetime of the permit, with the ability
to use various dredge types, including hydraulic pipeline, mechanical, Government
owned special purpose (small hopper), and Government owned suction or draghead,
and with various placement options, including control-of-effluent on Island D bird island,
placement in a confined upland facility, temporary upland placement with subsequent
removal, and open water placement (adjacent to Herbert C. Bonner Bridge pilings and
nearshore placement off Pea Island), all of which were previously authorized through

the August 2013 EA/FONSI and by various regulatory agencies, as noted above. The
Walter Slough navigation channel follows naturally occurring deep water, having
authorized dimensions of -7 feet mean lower low water (MLLW), with 2 feet of allowable
overdepth, and a bottom width of 60 feet; the entire USCG basin is authorized to be
maintained at -7 feet MLLW, with 2 feet of allowable overdepth. A dredging window from
October 1 to February 14 within Walter Slough has been established for the protection
of fisheries resources; all maintenance dredging would be conducted within this
timeframe.
Sediments within the project area have been sampled several times in the past and
results show that the majority of sediments in Ranges 1-6 are beach quality sand (>_90%
sand). Placement options for this dredged material would include open water areas or
on a control-of-effluent bird island. Non-beach quality material has been identified in
Range 7. Currently, the only available placement options for non-beach quality dredged
material are temporary placement on high ground with subsequent removal to another
location or confined upland facility if one is identified.
For Fiscal Year (FY) 2024, significant shoaling is occurring in Ranges 2 and 4 of the
navigation channel. The required maintenance dredging for FY24 would utilize
Government owned special purpose hopper dredge to remove material to the
authorized depth of -9.0 feet MLLW (-7 feet plus 2 feet overdepth). All dredged material
for the FY24 maintenance dredging would be placed within the nearshore area along
the oceanside beachfront of Pea Island. The estimated quantity of material to be
dredged during FY24 will be approximately 3,114 cubic yards (CY).
Avoidance and Minimization: To protect fisheries resources, all dredging would be
conducted from October 1 to February 14, of any given year. This includes the FY24
maintenance dredging event as well as all future dredging events. In addition, the
dredge plant would abide by all measures to protect federally listed threatened and
endangered species during work, as noted below.
Each dredged material placement option would avoid and minimize impacts to the
maximum extent practicable as noted below.
Control-of-effluent: Placement of beach-quality dredged material on Island D bird island
would be limited to the timeframe from September 1 through March 31 to avoid impacts
to nesting shorebirds. Existing material would be built into berms and moved around by
bulldozers to ensure material stays on the island and impacts to surrounding waters are
minimized. Prior to placement of any dredged material on Island D, USACE would
coordinate with the NC Wildlife Resources Commission regarding use of the island and
specific placement areas on the island that could use sand.
Confined upland facility: If a confined upland facility is utilized for placement of non-
beach quality dredged material, water quality will be monitored two times per day, at a
minimum, at the spillway(s) during dredging activities. If turbidity exceeds 25
nephelometric turbidity units (NTUs), measures, such as using stop-logs at the spillway

or moderating dredging operations to allow settlement of suspended sediment over
time, would be implemented.
Temporary high ground placement: If non-beach quality dredged material is to be
placed in a temporary upland placement area, and subsequently removed to an offsite
facility, appropriate Best Management Practices (BMPs) would be utilized to prevent the
effluent runoff into adjacent waterways. Specific BMPs may include silt fences, hay
bales, or similar structural solutions. The dredged material would then be removed after
dewatering to an approved upland facility.
Open water placement: Placement of beach-quality dredged material within open water
areas, such as adjacent to the Herbert C. Bonner Bridge pilings and nearshore
placement off Pea Island, would occur during the environmental window of October 1 to
February 14 to protect fisheries resources.
For FY24, USACE proposes to only dredge those areas that are in need (see attached
plans). For this maintenance dredging event, there are two areas identified as having
significant shoaling. The use of Government owned special purpose hopper dredge with
placement of dredged material in the nearshore areas off of Pea Island would occur
during the environmental window from October 1 through February 14.
Mitigation: There will be no loss of waters of the U.S., including wetlands or other
special aquatic sites, either physically or in functions and values, for any type of
dredging or dredged material placement option; therefore, compensatory mitigation
would not be required.
Section 7(a)(2) of the Endangered Species Act (ESA): The USACE has determined
that the proposed project may affect, but is not likely to adversely affect, the West Indian
manatee. The dredge and all associated vessels (i.e., crew boats, tenders, etc.) would
adhere to the U.S. Fish and Wildlife Service's (USFWS) Guidelines forAvoiding Impacts
to the West Indian Manatee (2017). For the proposed FY24 dredging event, USACE
coordinated the determination with the USFWS on July 6, 2023, and the agency
concurred with the determination on the same date (Appendix C).
The USACE has also determined that the proposed project (any dredge type or
placement option) may affect, but is not likely to adversely affect, sea turtles
(loggerhead, green, Kemp's Ridley, Ieatherback, hawksbill), Atlantic sturgeon,
shortnose sturgeon, giant manta ray, and North Atlantic right whale. The dredge and
any associated vessel would adhere to the National Marine Fisheries Service's (NMFS)
2020 South Atlantic Regional Biological Opinion for Dredging and Material Placement
Activities in the Southeast United States (2020 SARBO) Project Design Criteria (PDCs).
These conservation measures would remain in place until all work is complete, and the
dredge and associated vessels have left the area.
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson
Stevens Act), Essential Fish Habitat (EFH): An EFH assessment was conducted

under the original EA. Available data (EFH Mapper (noaa.gov)) indicates the area may
contain EFH for the following: Atlantic sharpnose shark (adult and juvenile),
smoothhound shark (all), common thresher shark (all), dusky shark (neonate), sand
tiger shark (neonate, juvenile, adult), sandbar shark (neonate, juvenile, adult), blacktip
shark (juvenile, adult), scalloped hammerhead shark (juvenile, adult), tiger shark
(neonate, juvenile, adult), Atlantic angel shark (all), spinner shark (juvenile, adult), spiny
dogfish (adult and sub-adult female), clearnose skate (juvenile, adult), sailfish (juvenile,
adult), bluefin tuna (spawning/eggs/larvae, juvenile, adult), albacore tuna (juvenile),
yellowfin tuna (juvenile), summer flounder (larvae, juvenile, adult), snapper-grouper
complex (all), bluefish (juvenile, adult), Atlantic butterfish (adult, juvenile), Atlantic
herring (juvenile, adult), monkfish (eggs/larvae, adult), scup (juvenile), spiny lobster (all),
and coastal migratory pelagic fish (all). The project area is not located within waters
designated by the North Carolina Division of Marine Fisheries as Primary Nursery Area
(PNA), Permanent Secondary Nursery Areas, or Special Secondary Nursery Areas.
For FY24, the two areas proposed for dredging are adjacent to submerged aquatic
vegetation (SAV); however, any dredging would not have direct or secondary impacts
on SAV beds. For the dredging area in Range 2, the nearest SAV bed is to the
southeast and approximately 335 feet from the area to be dredged. For Range 4, the
nearest SAV bed is to the north, approximately 190 feet from the area to be dredged.
Areas requiring dredging in FY24 will impact EFH associated with the Estuarine Water
Column and Marine Water Column Including the Surf Zone, within the channel and the
nearshore placement area adjacent to Pea Island, respectively. However, maintenance
dredging will be conducted within the existing authorized channel; USACE is not
proposing to dredge deeper or wider than the authorized channel limits. Maintenance
dredging of the channel would occur depending on need and available funding, and the
proposed action is not considered new work. As noted in the August 2013 EA, the
placement of beach-quality dredged material within the nearshore area off Pea Island
would settle through the water column quickly due to the sandy nature of the material.
Any turbidity would be short-lived, temporary, and confined to the immediate discharge
area. An environmental window to conduct all dredging activities from October 1
through February 14 will protect fisheries resources. Therefore, the proposed project
would not result in significant adverse effects on EFH.
Section 106 of the National Historic Preservation Act (NHPA): Per North Carolina's
State Historic Preservation Office Historic Resources data (HPOWEB 2.0 (arcgis.com)),
the Walter Slough navigation channel does not contain any historic or archaeological
resources; however, the placement area within the nearshore off of Pea Island
oceanfront beach is located within the Pea Island National Wildlife Refuge District
(determined eligible in 2003). In addition, the USCG Oregon Inlet Station (circa 1897,
remodeled 1933 and 1970) has been documented on upland portions of northern Pea
Island, towards the soundside of the island. This structure is listed in the National
Register of Historic Places (NHRP) (1975). Regardless of the location of the navigation
channel or placement site, or the adjacency of the noted historic structure, the proposed
action would have no adverse effect on any historic or archaeologic resource. The

proposed project is maintenance dredging of the Walter Slough navigation channel
within its federally authorized limits; no new work is proposed.
For FY24, placement of dredged material would be in an area previously authorized
through the August 2013 EA/FONSI and both USACE and state permitting. Therefore,
USACE has determined that the proposed project would have no potential to cause
effects to historic or archaeological resources.
Conclusion: The USACE has concluded that the proposed maintenance dredging of
the Walter Slough navigation channel and USCG Station Oregon Inlet boat basin,
utilizing various dredge types and placement options, would not result in significant
adverse effects to EFH, and would not adversely affect endangered species, so long as
all mitigative measures are followed. In addition, the proposed project would have no
potential to cause effects to historic resources. No mitigation would be required for the
proposed maintenance dredging, as there would be no loss to waters of the United
States, including wetlands or other special aquatic sites. Based on this determination,
USACE believes the proposed project qualifies for NWP No. 23.

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Figure 2: Walter Slough Navigation Channel Ranges

WALTER SLOUGH - _
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Overview
Map Date: July 6,2023
Map#:sawnavgis-2023-12c
Image:©Maxar Technologies March 21,2023
2019-2020 SAV Source: NCDEQ
�_ 1 2
Mile

APPENDIX A
WATER QUALITY CERTIFICATE
SUPPLEMENT

Project Name: Walter Slough Navigation Channel Maintenance Dredging
The U.S. Army Corps of Engineers (USACE), on behalf of the U.S. Coast Guard
(USCG), is seeking an Individual Water Quality Certificate (WQC) from the North
Carolina Department of Environmental Quality (NCDEQ), Division of Water Resources
(DWR), for the maintenance dredging of the Walter Slough navigation channel and
USCG Station Oregon Inlet boat basin. This document is intended to address the
relevant project components in relation to the State's Section 401 of the Clean Water
Act program.
Pre-Filing Notification: A pre-filing notification email was submitted to NCDWR on May
31, 2023 (attached).
Project History: Dredging of the Walter Slough navigation channel and the USCG
Station Oregon Inlet boat basin was previously authorized by USACE Regulatory
Division with the issuance of a Standard Permit (SAW-2011-01747) on June 12, 2012.
The NCDEQ, DWR issued a corresponding WQC No. 3919 (Project No. 20110786) on
May 23, 2012, with a June 1, 2012, revision. A Federal consistency concurrence dated
November 17, 2011, for the project was obtained. These authorizations are included as
Appendix B. A final Environmental Assessment (EA) and Finding of No Significant
Impact (FONSI) (Maintenance of Walter Slough Access Channel and Basin for US
Coast Guard Station Oregon Inlet, Dare County, North Carolina) was completed by the
USCG in August 2013. The EA addressed potential environmental impacts associated
with maintenance dredging using various dredge types, including hydraulic pipeline,
mechanical, Government owned special purpose (small hopper), and Government
owned suction or draghead. Similarly, the EA also addressed several placement
options, including control-of-effluent on Island D bird island, confined upland facility,
temporary upland placement with subsequent removal, and open water disposal
(adjacent to Herbert C. Bonner Bridge pilings and nearshore placement off Pea Island)
(Figure 1).
Project Purpose: The project purpose is to maintenance dredge the Walter Slough
navigation channel and USCG Station Oregon Inlet boat basin, with the ability to utilize
multiple dredge types and placement options for dredged material.
Activity Location: The project area is located within waters of the United States,
associated with Walter Slough Channel, waterward of 8700 NC Highway 12, Nags
Head, Dare County, North Carolina (Latitude: 35.791090; Longitude: -75.566070).
Proposed Project: The proposed project is to conduct as-needed maintenance
dredging of shoaled areas within Walter Slough navigation channel and USCG Station
Oregon Inlet boat basin (Figure 2), over the lifetime of the permit, with the ability to use
various dredge types, including hydraulic pipeline, mechanical, Government owned
special purpose (small hopper), and Government owned suction or draghead, and with
various placement options, including control-of-effluent on Island D bird island, confined
upland facility, temporary upland placement with subsequent removal, and open water
disposal (adjacent to Herbert C. Bonner Bridge pilings and nearshore placement off Pea

Island), all of which were previously authorized through the August 2013 EA/FONSI and
by various regulatory agencies, as noted above. The Walter Slough navigation channel
follows naturally occurring deep water, having authorized dimensions of-7 feet mean
lower low water (MLLW), with 2 feet of allowable overdepth, and a bottom width of 60
feet; the entire USCG basin is authorized to be maintained at -7 feet MLLW, with 2 feet
of allowable overdepth. A dredging window from October 1 to February 14 within Walter
Slough has been established for the protection of fisheries resources; all maintenance
dredging would be conducted within this timeframe.
Sediments within the project area have been sampled several times in the past and
results show that the majority of sediments in Ranges 1-6 are beach quality sand (>_90%
sand). Placement options for this dredged material would include open water areas or
on a control-of-effluent bird island. Non-beach quality material has been identified in
Range 7. Currently, the only available placement options for non-beach quality dredged
material is temporary placement on high ground with subsequent removal to another
location or confined upland facility, should one be identified.
For Fiscal Year (FY) 2024, significant shoaling is occurring in Ranges 2 and 4 of the
navigation channel. The required maintenance dredging for FY24 would utilize
Government owned special purpose hopper dredge and would be to the previously
authorized depth of -7.0 feet MLLW, with an allowable overdepth dredge to -9.0 feet
MLLW. All dredged material, estimated to be approximately 3,114 cubic yards (CY) if
the shoaled areas are dredged to maximum overdepth, would be placed within the
nearshore area along the oceanside beachfront of Pea Island. The estimated quantity of
material to be dredged during FY24 will be approximately 3,114 CY.
Avoidance and Minimization: To protect fisheries resources, any dredging would be
conducted from October 1 to February 14. In addition, the dredge boat would abide by
all measures to protect federally listed threatened and endangered species during work,
as noted below.
Each dredged material placement option would avoid and minimize impacts to the
maximum extent practicable as noted below.
Control-of-effluent: Placement of beach-quality dredged material on Island D bird island
would be conducted from September 1 through March 31 to avoid impacts to nesting
shorebirds. Existing material would be built into berms and moved around by bulldozers
to ensure material stays on the island and impacts to surrounding waters are minimized.
Prior to placement of any dredged material on Island D, USACE would coordinate with
NC Wildlife Resources Commission for availability of use of the island and specific
placement areas on the island that could use sand.
Confined upland facility: If a confined upland facility is utilized for placement of non-
beach quality dredged material, water quality will be monitored two times per day, at a
minimum, at the spillway(s) during dredging activities. If turbidity exceeds 25
nephelometric turbidity units (NTUs), measures, such as using stop-logs at the spillway

or moderating dredging operations to allow settlement of suspended sediment over
time, would be implemented.
Temporary high ground placement: If non-beach quality dredged material is to be
placed in a temporary upland placement area, and subsequently removed to an offsite
facility, appropriate Beast Management Practices (BMPs) would be utilized to control
any effluent runoff into adjacent waterways. Specific BMPs may include silt fences, hay
bales, or similar structural solutions. The dredged material would then be removed after
dewatering to an approved upland facility.
Open water placement: Placement of beach-quality dredged material within open water
areas, such as adjacent to the Herbert C. Bonner Bridge pilings and nearshore
placement off Pea Island, would occur during the environmental window of October 1 to
February 14 to protect fisheries resources.
For FY24, USACE proposes to only dredge those areas that are in need (see attached
plans). For this maintenance dredging event, there are two areas identified as having
significant shoaling. The use of Government owned special purpose hopper dredge with
placement of dredged material in the nearshore areas off of Pea Island would occur
during the environmental window from October 1 through February 14.
Mitigation: There will be no loss of waters of the U.S., including wetlands or other
special aquatic sites, either physically or in functions and values, for any type of
dredging or dredged material placement option; therefore, compensatory mitigation
would not be required.
Cumulative/Secondary Effects: The cumulative and secondary effects from the
proposed project takes into consideration the direct and indirect effects of dredging the
Walter Slough navigation channel and USCG boat basin using various dredge types
and placement options, over the lifetime of the USACE Regulatory permit and WQC,
depending on need and availability of funding.
Walter Slough has been dredged sporadically since 1998, and only after shoaling
severely inhibits navigation, using a combination of local, state, and USCG funds and
permit authorizations. Several troublesome sections along Walter Slough tend to shoal
routinely; the channel becomes narrow as well as shallow in these areas. The shoaling
problems are further worsened by vessel congestion caused by the many small boats
that use launching facilities in the USCG boat basin each year and the number of boats
navigating the channel from the Oregon Inlet Fishing Center (OIFC). Past projects in the
USCG Station Oregon Inlet area include federal dredging activities in area navigation
channels, as well as the Walter Slough navigation channel. In addition, although
specifics are unavailable, private dredging projects have occurred in the area. It is
reasonably foreseeable that dredging of these channels would be expected to continue.
The use of the area for commercial and recreational navigation is expected to continue
and increase as the boating population in the area continues to grow. The safety of
commercial and recreational mariners would be enhanced by allowing the USCG better
ingress to and egress from Station Oregon Inlet.

Direct effects of dredging would occur within Walter Slough channel and the USCG boat
basin, while direct effects due to placement of material would vary depending on the
location. Direct effects to manatees and sea turtles would be minimized by following the
U.S. Fish and Wildlife Service's Guidelines for Avoiding Impacts to the West Indian
Manatee (2017) and the National Marine Fisheries Service's 2020 South Atlantic
Regional Biological Opinion for dredging activities, respectively. In addition, to protect
fisheries resources, dredging of the project area would be conducted between October
1 to February 14. Direct effects of placement of dredged material are discussed below
for each placement option.
Open water placement: Placement of beach-quality dredged material in open water
would have direct effects in the nearshore portion of the Atlantic Ocean or adjacent to
the Herbert C. Bonner bridge, and resources present within these areas that cannot
evade the impacts may be impacted by entrainment, burial, changes in water quality,
increased noise levels, and changes to habitat, although these are expected to be minor
and temporary. Resources that may be impacted include benthic invertebrates (sessile
and mobile), nektonic species that feed and dwell on the seafloor, and marine reptiles
and mammals such as sea turtles and manatee. However, direct effects to federally
listed species would be minimized by following the appropriate species guidelines, as
noted above.
Control-of-effluent: Direct effects due to placement of beach-quality dredged material
via control-of-effluent would occur as material is moved on the island and return water
drains back to the adjacent waterway. To minimize effluent returning to the waterway,
existing material would be built into berms and moved around by bulldozers to ensure
dredged material stays on the island. Prior to placement of any dredged material on
Island D, USACE would coordinate with NC Wildlife Resources Commission for
availability of use of the island and specific placement areas on the island that could use
sand. Placement of dredged material on Island D bird island would occur from
September 1 through March 31 to avoid impacts to nesting shorebirds.
Confined upland facility: To minimize direct effects if a confined upland facility is utilized
for non-beach quality dredged material placement, water quality will be monitored two
times per day, at a minimum, at the spillway(s) during dredging activities. If turbidity
exceeds 25 nephelometric turbidity units (NTUs), measures, such as using stop-logs at
the spillway or moderating dredging operations to allow settlement of suspended
sediment over time, would be implemented.
Temporary high ground placement: Should non-beach quality dredged material be
placed in a temporary upland placement area, and subsequently removed to an offsite
facility, appropriate Beast Management Practices (BMPs) would be utilized to prevent
effluent runoff into adjacent waterways. Specific BMPs may include silt fences, hay
bales, or similar structural solutions. The dredged material would then be removed after
dewatering to an approved upland facility.

Secondary effects of dredging occur outside of the channel limits and, depending on
currents, tides, and weather, can have varying impacts on resources within an
approximately 1-mile distance from the dredge. Resources include species and habitat
in the estuary environment that can be impacted by changes in water quality and
increases in noise levels produced by the dredge. Overall, due to the infrequency and
short-term duration of maintenance events, increases in indirect impacts are not
expected to result in significant cumulative effects on habitat and species present.
Beneficial direct and indirect impacts to the human environment include improved and
safer navigation for the USCG and those utilizing the OIFC. Recreational and
commercial fishing would also improve in the area, thus having a boost on the local
economy.
For the FY24 dredging event, effects from changes in water quality to other species are
expected to be minor due to dredged material consisting of sand and its propensity to
settle quickly, the short duration of projects (an average of 5 days per dredging event for
special purpose hopper dredge), and localized effects (within the dredging footprint and
immediate placement area) that would leave the surrounding areas unaffected. Mobile
species are expected to avoid adverse interactions with changes in water quality.
Benthic invertebrate populations impacted within the channel are expected to recover
quickly and have a minimal effect on predators that depend on them, although there will
be burial at the placement site within the nearshore area of Pea Island oceanside
beaches. Entrainment would only occur within the dredging footprint and mostly on the
channel bottom and is therefore a small area of impact when compared to the greater
size of the surrounding habitat.
Conclusion: The USACE has concluded that the proposed maintenance dredging of
the Walter Slough navigation channel and USCG Station Oregon Inlet boat basin,
utilizing various dredge types and placement options, would not adversely affect water
quality of surrounding waters, wetlands, SAV, or other special aquatic sites, nor would it
adversely affect endangered species, so long as all mitigative measures are followed.
No mitigation would be required for the proposed project, as there would be no loss to
wetlands, SAV, or other special aquatic sites. Based on this determination, USACE
believes the proposed project meets the criteria of North Carolina's Section 401 of the
Clean Water Act program.

From: 401PreFile
To: Policaroo,John N CIV USARMY CESAW(USA)
Subject: [Non-DoD Source]Automatic reply: [External]401/Buffer Pre-filing Meeting Request
Date: Wednesday,May 31,2023 11:05:30 AM
This email confirms receipt of your pre-filing meeting request. Please retain this email for your
records and submit this documentation as part of your 401 application (PCN Application) as
required by federal law. DWR will not be able to accept your application without this federally
required documentation. 401 applications received without documentation that a pre-filing
meeting request was submitted at least 30 days prior will be returned as incomplete.
Responses to this email are not monitored.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of
staff contact list(s).
For Non-Transportation Central Staff:
https://deq.nc.gov/about/divisions/water-resources/water-quality permitting/401-buffer-
permitting/401-buffer-permitting-contacts
For Non-Transportation Regional
Staff: https://edocs.deq.nc.gov/WaterResources/DocView.asl2x?dbid=0&id=2162034&cr=1
For all Transportation Projects Including NCDOT Projects:
https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/transportation-
perm itti ng/staff-contacts

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N 0 200 400 800 1200
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Map projection:Web Mercator Comer coordinates:WGS84 Edge tics:UTM Zone 18N WGS84
USDA Natural Resources Web Soil Survey 7/6/2023
Conservation Service National Cooperative Soil Survey Page 1 of 3

Soil Map—Dare County, North Carolina
Map Unit Legend
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
CeA Carteret sand,0 to 2 percent 1.6 0.3%
slopes,frequently flooded
PsB Psamments,0 to 6 percent 9.7 1.7%
slopes
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Totals for Area of Interest 579.6 100.0%
USDA Natural Resources Web Soil Survey 7/6/2023
Conservation Service National Cooperative Soil Survey Page 3 of 3

Soil Map Dare County, North Carolina 3
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N 0 200 400 800 1200
0 500 1000 2000 3000Feet
Map projection:Web Mercator Comer coordinates:WGS84 Edge tics:UTM Zone 18N WGS84
UuDA Natural Resources Web Soil Survey 7/6/2023
Conservation Service National Cooperative Soil Survey Page 1 of 3

Soil Map—Dare County, North Carolina
MAP LEGEND MAP INFORMATION
Area of Interest(AOI) Spoil Area The soil surveys that comprise your AOI were mapped at
Area of Interest(AOI) 1:24,000.
Stony Spot
Soils Please rely on the bar scale on each map sheet for map
Soil Map Unit Polygons Very Stony Spot measurements.
r Soil Map Unit Lines Wet Spot Source of Map: Natural Resources Conservation Service
.
Other Web Soil Survey LIRL:
p Soil Map Unit Points Coordinate System: Web Mercator(EPSG:3857)
Special Line Features
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t> Blowout Water Features projection,which preserves direction and shape but distorts
Streams and Canals distance and area.A projection that preserves area,such as the
�j Borrow Pit Albers equal-area conic projection,should be used if more
Transportation)( Clay Spot accurate calculations of distance or area are required.
� Rails
Closed Depression This product is generated from the USDA-NRCS certified data as
'_.o Interstate Highways of the version date(s)listed below.
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US Routes Soil Survey Area: Dare County, North Carolina
Gravelly Spot Major Roads Survey Area Data: Version 23,Sep 8,2022
Landfill Local Roads Soil map units are labeled(as space allows)for map scales
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Background
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18,2022
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Co Miscellaneous Water compiled and digitized probably differs from the background
imagery displayed on these maps.As a result,some minor
C, Perennial Water shifting of map unit boundaries may be evident.
Rock Outcrop
+ Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
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USDA Natural Resources Web Soil Survey 7/6/2023
Conservation Service National Cooperative Soil Survey Page 2 of 3

Soil Map—Dare County, North Carolina
Map Unit Legend
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
BnD Beaches-Newhan complex,0 10.7 2.2%
to 25 percent slopes
W Water 470.4 97.8%
Totals for Area of Interest 481.1 100.0%
USDA Natural Resources Web Soil Survey 7/6/2023
Conservation Service National Cooperative Soil Survey Page 3 of 3

APPENDIX B
REGULATORY PERMITS

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
�.. /
TO
ATTETTEWTION OF
CESAW-RG(1145b) 12 June 2012
MEMORANDUM FOR Commanding Office of CDR John H. Lang, United States Coast Guard,
ATTN: Ray Pipak, 1240 E. Ninth Street, Room 2179, Cleveland, Ohio, 44199
SUBJECT: Action ID: SAW-2011-01747, Department of the Army permit authorization to
impact approximately 10-13 acres of navigational waters of the United States associated with the
performing as-needed maintenance dredging of the mooring basin and the United States Coast
Guard Station Oregon Inlet and Walter Slough navigation channel for navigational safety and
more efficient operations for the USCG.
1. In accordance with your written request of September 28, 2011 and the ensuing
administrative record, enclosed is a Department of the Army permit authorization to impact 10-
13 acres of Section 10 waters of the United States associated with improving the navigational
safety of Walter Slough navigational channel and mooring basin at USCG Station Oregon Inlet,
on Bodie Island, Dare County, North Carolina.
2. If any change in the authorized work is required because of unforeseen or altered conditions
or for any other reason, the plans revised to show the change must be sent promptly to this office.
Such action is necessary, as revised plans must be reviewed and the permit modified.
3. Carefully read your permit. The general and special conditions are important. Your failure to
comply with these conditions could result in a violation of Federal law. Certain significant
general conditions require that:
a. You must complete construction before 23 May 2022.
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You must allow representatives from this office to make periodic visits to your
worksite as deemed necessary to assure compliance with pen-nit plans and conditions.
4. Should you have questions,please contact Mr. Josh Pelletier, Regulatory Project Manager
Washington Regulatory Field Office at [phone].
5. Thank you in advance for completing our Customer Survey Fonn. This can be accomplished
by visiting our web site a http://12er2.nwV.usace.armv.mii/survey.html and completing the survey

CESAW-RG(1145b) 12 June 2012
SUBJECT: Action ID: SAW-2011-01747, Department of the Army permit authorization to
impact approximately 10-13 acres of navigational waters of the United States associated with the
performing as-needed maintenance dredging of the mooring basin and the United States Coast
Guard Station Oregon Inlet and Walter Slough navigation channel for navigational safety and
more efficient operations for the USCG.
on-line. We value your comments and appreciate your taking the time to complete a survey each
time you interact with our office.
A& I . �
Enclosures v STEVEN A. BAKER
(/ Colonel, EN
Commanding
CF(with encls):
Chief, Source Data Unit Ms. Jennifer Derby, Chief
NOAA/National Ocean Service Wetlands Protection Section - Region IV
ATTN: Sharon Tear N/CS261 Water Management Division
1315 East-west Hwy., Rm 7316 U.S. Environmental Protection Agency
Silver Spring, MD 20910-3282 61 Forsyth Street
Atlanta, Georgia 30303
CF (w/special conditions and plans):
Mr.. Doug Huggett
U.S. Fish and Wildlife Service Division of Coastal Management
Fish and Wildlife Enhancement N.C. Department of Environment
Post Office Box 33726 and Natural Resources
Raleigh,North Carolina 27636-3726 400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Ron Sechler
National Marine Fisheries Service Mr. Pace Wilber
Pivers Island National Marine Fisheries Service
Beaufort, North Carolina 28516 219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Jeffrey Garnett
Wetlands and Marine Regulatory Section
Water Protection Division — Region IV
U. S. Environmental Protection Agency
61 Forsyth St. SW
Atlanta, GA 30303-8931
-2-

DEPARTMENT OF THE ARMY PERMIT
Pennittee Mr. Ray Pipak
United States Coast Guard
Permit No. SAW-2011-01747
Issuing Office CESAW-RG-W
NOTE: The term "you" and its derivatives, as used in this permit,means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: To impact approximately 10-13 acres of navigational waters of the United States
associated with performing as-needed maintenance dredging of the mooring basin and the United
States Coast Guard Station Oregon Inlet and Walter Slough navigation channel for navigational
safety and more efficient operations for the USCG.
Project Location: The project is located at the United States Coast Guard (USCG) Station Oregon
Inlet, on Bodie Island and within the nearby Walter Slough navigation channel, northwest of
Oregon Inlet, in Dare County, North Carolina.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on May 23, 2022. If you find that you need more time to
complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may
make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this permit from this office,which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state
coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National
Register of Historic Places.
ENG FORM 1721,Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
1

4. If you sell the property associated with this permit,you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project,you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience,a copy of the certification is attached if it
contains such conditions.
6. You must&How representatives from this office to inspect the authorized activity at anytime deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( X) Section 10 of the Rivers and Harbors Act of 1899(33 U.S.C.403).
( ) Section 404 of the Clean Water Act(33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972(33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit,the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons,property,or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
2

e. Damage claims associated with any future modification,suspension,or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Pen-nit Decision. This office may reevaluate its decision on this pert-nit at any time the circumstances
warrant. Circumstances that could require a reevaluation include,but are not limited to,the following:
a, You fail to comply with the terms and conditions of this pennit.
b. The information provided by you in support of your permit application proves to have been false, incomplete,or
inaccurate(See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209,170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision,the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below,as permittee, indicates that you accept and agree to comply with the terns and conditions of this permit.
(PERA TTEE) Mr. Ray Apak, United States Coast Guard T (DATE)
This permit becomes effective when the Federal official,designated to act for the Secretary of the Army,has signed below.
&1,7QJ 2,
(DISTRICT ENGINEER)STEVEN A. BAKER, COLONEL, EN Commanding (DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred,the terms and
conditions of this permit will continue to be binding on the new owners) of the property. To validate the transfer of this
permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date
below.
(TRANSFEREE) (DATE)
3 'U.S.GOVERNMENT PRINTING OFFICE:1986-717-425

SPECIAL CONDITIONS
ORM ID: SAW 2011-01747/ Pipak, Ray, United States Coast Guard
Walter Slough Navigation Channel and Mooring Basin Maintenance Dredging
a. The preferred method of dredging is by hydraulic cutterhead pipeline dredge,
with control-of-effluent disposal on Island D. Prior to any material
placement, the Pennittee will coordinate with the North Carolina Wildlife
Resources Commission (NCWRC)regarding the availability of Island D for
discharge as well as appropriate locations for material placement. For
alternate methods of dredging and/or disposal locations, the Permittee will
provide USACE Regulatory with rationale and an alternate dredging and
disposal plan. Alternate dredging and/or disposal will not begin until USACE
Regulatory approval has been received. Any urgent need for dredging will
be accompanied by a statement from the Permittee identifying the need.
b. Prior to any dredging activity, the Permittee must notify the North Carolina
Division of Marine Fisheries in order to determine if a swimming advisory or
shellfish closure is needed.
c. To avoid impacts to anadromous fish, dredging for the propose project will
take place between October 1 and February 14. Dreding proposed to be
preformed outside this timeframe must first be coordinated with and approved
by USACE Regulatory in consultation with other state and federal resource
agencies.
d. Within a minimum of sixty (30) days prior to the commencement of dredging
activities, the Permittee shall submit a written dredging and spoil disposal
area management plan describing strategies for implementing, inspecting and
monitoring the dredging activity and spoil disposal areas. This plan must be
approved by the USACE prior to undertaking any dredging activities. During
construction of the channels, the Permittee will implement a full-time, onsite
environmental inspector to monitor the discharge of spoil material. This
inspector shall ensure compliance with all environmental requirements of the
project, including all conditions of this authorization. The Permittee will also
immediately notify the USACE of any problems and coordinate the necessary
remedial actions.
e. Excavation within the access channels shall not exceed 7 feet, plus two feet
allowable overdepth, below the'rio-irtial water level elevation. No over-
dredging is authorized by this permit.
f. Except as authorized by this permit or any USACE approved modification to
this permit; no excavation, fill or mechanized land-clearing activities shall
take place at any time in the construction or maintenance of this project.
within waters or wetlands. This permit does not authorize temporary
placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow
and filling activities associated with this project.
g. 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 N.C. Division of Water Quality at(919) 733-5083, extension 526, or
[phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
h. Maintenance dredging of the authorized channels and basins shall be allowed
for a period of ten years following issuance of this permit and may be
reauthorized thereafter by modification of this permit. The Permittee's
request to perform maintenance dredging shall include hydrographic surveys
of the areas to be dredged, a dredging plan including a disposal plan for
dredged material, and verification that Permittee is in compliance with all
other conditions of this permit. Except as specifically requested by the
Permittee and approved in writing by the USACE, the conditions in this
permit relating to dredging shall apply to all maintenance dredging of the
channels or basins on the property
i. The Permittee shall require its contractors and/or agents to comply with the
terms and conditions of this permit in the construction and maintenance of
this project, and shall provide each of its contractors and/or agents associated
with the construction or maintenance of this project with a copy of this
permit. A copy of this permit, including all conditions, shall be available at
the project site at all times during construction and maintenance of this
project.
j. Control-of-effluent disposal on Island D will be conducted in accordance with
NCWRC guidelines and USACE Civil Works' practices. These guidelines
and practices include: the discharge of sandy material on a dome or high
point of the Island, with effluent directed away from the closest navigation
channel or in a direction identified by NCWRC (e.g. cover vegetation that
inhibits waterbird nesting). A bulldozer will be used to ensure gently sloping
sides to the waterline. All activity on the island,'including the removal of
equipment, will be completed by March 31 of any year. For alternate
methods and locations of dredged material disposal,the project must remain
in full compliance with all aspects of the Sedimentation Pollution Control Act
of 1973 (North Carolina General Statutes Chapter 113A Article 4). The
Permittee shall employ all sedimentation and erosion control measures
necessary to prevent an unacceptable increase in sedimentation or turbidity
within waters and wetlands outside the permit area. This shall include, but is
not limited to, the immediate installation of silt fencing or other
sedimentation and erosion control measures (e.g. diversion swales or berms)
around all areas subject to soil disturbance or the movement of earthen fill
prior to land-disturbing activities being conducted and the immediate
stabilization of all disturbed areas in accordance with the Permittee's
approved sedimentation and erosion control plan.
k. Violations of these conditions or violations of Section 404 of the Clean Water
Act or Section 10 of the Rivers and Harbors Act must be reported in writing
to the Wilmington District USACE within 24 hours of the Permittee's

A
discovery of the violation.
1 . The authorized structures and associated activities must not unnecessarily
interfere with the public's right to free navigation on all navigable waters of
the United States. No attempt will be made by the Permittee to prevent the
full and free use by the public of all navigable waters at or adjacent to the
authorized work for reason other than safety.

i
-Igure 1 - USCG STATION
O R E G O N INLET : is Amy corps
i of Engineers
Wilmington District
z Oregon Inlet Fishing Center,
j Previously used upland location of temporary high ground
disposal site, presently - disposal site used in the past.
not available for use.
`r. r
OVG� BO I E
�ERSL IS LAND t
ISLAND "0" �Pl.
The Crack" O
rivalel rnarked channel
.0 NEARSI TORE
DISPOSAL AREA
C. v
� SN
0I(-',I'01-',AI- AROUND
13RI1u,E PILINGS PEA
ISI AN
Legend
0 Approved I Proposed Disposal Areas
USCG Navigation Channel(rollows Naturally Deep Water) p 2,500 5,000
USACF Navigation Channel
Feet
PROJFCT DEPTH: 7 ft. (Follows Deep Water) NO h, p
USCG STATION C:HANNFI_WIDTH: 60 ft. }� T H CAROL INA
:)RFGON INI FT MAP DATF:MAY 5, 2011 4 \ t
MAP#sawnavgis-2011-012-01d
BODIE ISI AND IMAGERY DATE: MARCH 13, 2011 l V
'JORTH CAROL INA IMAGERY COPYRIGHT 2011 DIGITAL GLOBE j rw L ca*-,,
,v

r USCG STATION } }
z s US Army Corps
OREGON INLET
of Engineers
o *4v,V ry Wilmington District
Oregon`Inlet Fishing Center
Previously used upland v ` location of temporary high ground
disposal site, presently disposal site used in the past
not available for use. d
xs
ISLAND Illy tT � �� •A�V�V g !'� ws
{•/
"The Crack"
privately marked channel
E A R S H O R
DISPOSAL AREA
x
yv- ✓ �� ' ., �a, r .r
as
l
Legend A
rt
Approved%Proposed Disposal Areas '
USCG Navigation Channel (Follows Naturally Deep Water)
0 2,500 5,000
� USACE Navigation Channel. mmmmmmi Feet
PROJECT DEPTH: 7 ft. (Follows Deep Manteo e Y} z - e
NORl'H
USCG STATION CHANNEL WIDTH: 60 ft. cgtiouNA
OREGON INLET MAP DATE: MAY 5, 2011
MAP#sawnavgis-2011-012-01d egon
nlet
BODIE ISLAND IMAGERY DATE: MARCH 13, 2011
NORTH CAROLINA IMAGERY COPYRIGHT 2011 DIGITAL GLOBE Map Location

A"
CCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Governor Director Secretary
May 23. 2012
Commanding Officer Ray Pipak
US Coast Guard CEU Cleveland
1240 East Ninth Sheet, Room 2179
Cleveland, Oil 44199-2060
Re: USCG Station Oregon Inlet Walter Slough Navigational Channel: Dare County
DWQ Project N 201 10786, Ver. 2; USACE Action ID SAW-2011-01747
Pamlico Sound [030156,30-22, SA, HQWJ
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Pipak:
Attached hereto is a copy of Certification No.3919 issued to Commanding Officer Ray Pipak and US
Coast Guard CEU Cleveland, dated May 23, 2012. In addition,you should get any other federal, state or
local permits before you go ahead with your project including(but not limited to) Solid Waste. Sediment
and Erosion Control, Stormwater, Non-discharge,and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact its.
Sinc 1el) kAt
'harles Wakild, P.E.
C W/kah/ijm
Attachments: Certificate of Completion
cc: Jeff Garnett, EPA, Sam Nunn federal Center,61 Forsyth Street SW, Atlanta,GA 30303
Josh Pelletier, U.S. Army Corps of Engineers- Washington Regulatory Field Office
Roberto Scheller, DWQ Washington Regional Office
File Copy
DLR, Washington Regional Office
Filename 110786Ver2lls('GSlatioiiorcgonlnlcllWaherSlonghNavigational('hnnnel(l)arc)401_1('
1617 Mail Service Center,Raleigh,North Carolina 27699.1617
Location:512 N.Salisbury St.Raleigh,North Carolina 27604
Phone:[phone] FAX:[phone] Customer Service.1.877-623-6748
Inlemel mocwaterouslity.oro One
An Equal opportunity 1 Af irmalrve Mai Employee No'th Carolina
aturally

Commanding Officer Ray Pipak and US Coast Guard CEU Cleveland
Dare County
2011-0786,Ver.2
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with die requirements of Section 40i Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality(the
Division) Regulations in 15 NCAC 2H, Section .0500 to Commanding Officer Ray Pipak and US Coast
Guard CEU Cleveland, to fill or otherwise impact 4.0 acres of open water(sound)to conduct the proposed
maintenance dredging of Walter Slough, which is located at USCG Station Oregon Inlet on Bodie Island
and within the nearby Walter Slough navigational channel, northwest of Oregon Inlet, in Dare County,
North Carolina, pursuant to an application filed on the 29°i day of March of 2012,and received by the
Division on May 7,2012, and by Public Notice issued by the USACE on September 29,201 1, and received
by the DWQ on September 29, 2011.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. "Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301,302, 303,306,307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice and the Division of Coastal Management Application. If the project is
changed, prior to notification a new application for a new Certification is required. If the property is sold,
the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions of this Certification. Any new owner must notify the Division and request
the Certification be issued in their name. Should wetland or stream fill be requested in the future,
additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h)(6)and(7).
If any plan revisions from the approved site plan result in a change in stream or wetland impact or an
increase in impervious surfaces, the Division shall be notified in writing and a new application for 401
Certification may be required. For this approval to be valid,compliance with the conditions listed below
is required.
Conditions of Certification:
1. impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Isolated/Non-404 Jurisdictional Wetland Permit are met. No other impacts are
approved including incidental impacts:
Type of impact I Amount Approved (Units) Plan Location or Reference
Open Waters(sound) 4.0 acres Application
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.

i
Commanding Onieer Ray Pipak and US Coast Guard CF.0 Cleveland
Dart!County
2011-0786.Ver.2
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed,the requirements specified in the most
recent version of the North Carolina Sectimem and Eroston Conh•oi Manuul. The devices
shall be maintained on all construction sites, borrow sites,and waste pile(spoil) projects,
including contractor-owned or leased harrow pits associated with the project,
c. For borrow pit sites,the erosion and sediment control measures must he designed, installed,
operated,and maintained in accordance with the most recent version of the Nvrlh Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act;
3. Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources(Dt,R)or a DLR delegated local erosion and sedimentation control program,an
NPDES General stormwater pert-nit(NCG010000)administered by the Division is automatically
issued to the project. This General Permit allows stormwater to be discharged dining land
disturbing construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction proiects that disturb one(1)or more acres], full
compliance with permit conditions including the sedimentation control plan,self-monitoring,
record keeping and reporting requirements are required. A copy of this permit and monitoring
report forms may be found at hltp://porlal.ncdenr.o?g/web/wq/ws/su/construcliott;
4. No waste,spoil,solids,or fill of any kind shall occur in wetlands,waters,or riparian areas
beyond the footprint of the impacts depicted in Ilse 404/401 Permit Application. All construction
activities, including the design, installation, operation,and maintenance of sediment and erosion
control Best Management Practices.shall be performed so that no violations of state water quality
standards,statutes, or rules occur;
5. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable,they shall be removed and the natural grade restored within six months of the dale
that the Division of Land Resources has released the project;
Continuing Compliance:
6. Commanding Officer Ray Pipak and US Coast Guard CEU Cleveland,shall conduct construction
activities in a manner consistent with State water quality standards(including any requirements
resulting from compliance with section 303(d)of the Clean Water Act)and any other appropriate
requirements of State law and federal law. If the Division determines that such standards or laws
are not being met(including the failure to sustain a designated or achieved use)or that State or
federal law is being violated,or that further conditions are necessary to assure compliance,file
Division may reevaluate and modify this Certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d).
Before modifying the Certification,the Division shall notify Commanding Officer Ray Pipak and
US Coast Guard CEU Cleveland, the US Army Corps of Engineers,and provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for a public hearing in accordance
with 15A NCAC 21-1.0504, Any new or revised conditions shall be provided to Commanding
Officer Ray Pipak and US Coast Guard CEU Cleveland, in writing, shall be provided to the
United States Army Corps of Engineers for reference in any Permit issued pursuant to Section
404 of the Clean Water Act,and shall also become conditions of the 404 Permit for the project;

4
Conmianding Officcr Ray Pipak tuid US Coast Guard CEU Cleveland
Dare County
2011-0786.Ver.2
Other Conditions:
7. Upon completion of the project,the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible patty shall complete the attached form and
return it to the 401/Wetland% Unit of tlit; Divisiun of Water Quality,
Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 Permit-
If this Certification is unacceptable to you,you have the right to an adjudicatory hearing upon written
request within sixty(60)days following receipt ofthis Certification.This request must be in the form ol'a
written petition conforming to Chapter 150B of the North Carolina General Statutes and tiled with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C.2 7699-67 1 4. If
modifications are made to an original Certification,you have the right to an adjudicatory hearing on the
modifications upon written request within sixty(60)days following receipt of the Certification. Unless
such demands are made,this Certification shall be final and binding.
This the 23rd day of May 2012
UtV�BiON OF AT R QU Y
&harles Wakild, P.E.
CW/kah/ij»r
3919

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue Dee Freeman
Governor Secretary
November 17,2011
F.A.Blaha
Chief,Environmental Compliance Section
U.S. Coast Guard
1240 East Ninth Street,Room 2179
Cleveland,OH 44199-2060
SUBJECT: CD11-066—Consistency Concurrence for As-Needed Maintenance Dredging of the Walter
Slough Access Channel,Pamlico Sound,Dare County,North Carolina (DCM420110143)
Dear Mr.Blaha:
We received your consistency determination on August 16,2011 for as-needed maintenance dredging of the
Walter Slough access channel and basin to the US Coast Guard Station Oregon'Inlet in Dare County,North
Carolina. Walter Slough extends approximately 1.5 miles into Pamlico Sound,providing the US Coast Guard
(USCG)navigational access to Pamlico Sound and Oregon Inlet. The Walter Slough navigation channel follows
the naturally occurring deep water and does not have a fixed alignment. The purpose of the proposed
maintenance dredging will be to preserve the necessary depth for US Coast Guard boat operations. Dredging
operations will be performed by the US Army Corps of Engineers(Corps). Material will be excavated using a
mechanical dredging operation. Disposal of dredged material would be dependent upon the method of dredging
used and the grain-size of the material to be dredged.
North Carolina's coastal zone management program consists of,but is not limited to,the Coastal Area
Management Act,the State's Dredge and Fill Law,Chapter 7 of Title 15A of the North Carolina Administrative
Code,and the land use plan of the County and/or local municipality in which the proposed project is located. It
is the objective of the Division of Coastal Management(DCM)to manage the State's coastal resources to ensure
that proposed Federal activities would be compatible with safeguarding and perpetuating the biological,social,
economic,and aesthetic values of the State's coastal waters.
To solicit public comments,DCM circulated a description of the proposed project to State agencies that would
have a regulatory interest. No comments asserting that the proposed activity would be inconsistent with the
State's coastal management program were received. Nevertheless,comments were received concerning the
necessity to conduct dredging operations in such a manner that adverse impacts to environmental resources be
minimized. This consistency concurrence incorporates conditions of concurrence to address those issues. A
copy of each of the comments received by DCM has been attached for reference.
DCM has reviewed the submitted information pursuant to the management objectives and enforceable policies
of Subchapters 7H and 7M of Chapter 7 in Title 15A of the North Carolina Administrative Code and concurs,as
conditioned below,that the proposed Federal activity by the US Coast Guard(Applicant)is consistent,to the
maximum extent practicable,with North Carolina's certified coastal management program provided that the
following conditions are implemented.
400 Commerce Ave.,Morehead City,NC 28557-3421 One
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.net NorthCarolina
An Equal Opportunity l Affirmadve Adon Employer

• The Applicant,prior to initiating any land or water disturbing activities,shall obtain a Section 401
Water Quality Certification from the NC Division of Water Quality for the proposed project. The
Applicant shall comply with the requirements of the Section 401 Water Quality Certification. A copy
of the certification shall be forwarded to DCM.
• The Applicant,prior to initiating any land disturbing activities,shall obtain(if required)the approval of
the NC Division of Land Resources of an erosion and sedimentation control plan. The Applicant shall
comply with the requirements of the approved erosion and sedimentation control plan. A copy of the
plan approval shall be forwarded to DCM.
• Due to the potential presence of submerged aquatic vegetation(SAV)in the project vicinity the
Applicant shall coordinate disposal options and/or disposal locations with the North Carolina Division
of Marine Fisheries(NCDMF)prior to undertaking any open water disposal.
• In-water work will not be allowed from February 15th through September 30th of any year without the
prior approval of DCM,in consultation with the NCDMF.
• The Applicant shall notify North Carolina's Shellfish Sanitation&Recreational Water Quality Section
prior to any proposed dredging activity. Furthermore,between April I"and October 315t of any year,
the North Carolina's Shellfish Sanitation&Recreational Water Quality Section needs to be advised by
the USCG of any proposed disposal of dredge material into areas near recreational beaches that was
obtained from areas that are closed to shellfishing(Ranges 5,6,7 and a portion of Range 4)to allow the
Shellfish Sanitation&Recreational Water Quality Section to post any required swimming advisories.
• Any mitigative measures or environmental commitments specifically made by the Applicant in the
proposal for this project and the"Environmental Assessment—Maintenance of Walter Slough Access
Channel and Basin for US Coast Guard Station Oregon Inlet Dare County,North Carolina"
(August 2011)are to be implemented to the extent that they do not conflict with any of the conditions of
concurrence stated above,regardless of whether or not such commitments are addressed by the
individual conditions of this concurrence.
This letter of concurrence is contingent on the Federal agency agreeing with the condition stated above. In the
event that the Federal agency does not agree with the condition of concurrence,this letter effectively becomes a
letter of State"Objection". Should the Federal agency not agree with the condition stated above,a letter of non-
agreement should be sent to DCM. The procedures of 15 CFR 930.43 would then need to be followed.
Should the proposed action be modified,a revised consistency determination could be necessary. This might
take the form of either a supplemental consistency determination pursuant to 15 CFR 930.46,or a new
consistency determination pursuant to 15 CFR 930.36. Likewise,if further project assessments reveal
environmental effects not previously considered by the proposed development,a supplemental consistency
certification may be required. If you have any questions,please contact Stephen Rynas at 252-808-2808 x209.
Thank you for your consideration of the North Carolina Coastal Management Program.
Sincerely,
Doug Huggett
Manager,Major Permits and Consistency Unit
Cc: Frank Jennings,Division of Coastal Management
Josh Pelletier, US Army Corps of Engineers
Jeff Richter,US Army Corps of Engineers
Mark Lamb,US Coast Guard
Page: 2

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
June 1,2012
Commanding Officer John H. Lang
US Coast Guard CEU Cleveland
1240 East Ninth Street, Room 2179
Cleveland,OH 44199-2060
Re: USCG Station Oregon Inlet Walter Slough Navigational Channel; Date County
DWQ Project#20110786,Ver.2; USACE Action ID SAW-2011-01747
Pamlico Sound [030156, 30-22, SA, HQW]
APPROVAL of 401 Water Quality Certification with Additional Conditions-REVISED
Dear Commanding Officer Lang:
Attached hereto is a copy of Certification No. 3919 issued to Commanding Officer John H. Lang and US
Coast Guard CEU Cleveland,dated June 1, 2012. This Certification replaces the Certification issued
on May 23,2012. In addition,you should get any other federal,state or local permits before you go
ahead with your project including(but not limited to) Solid Waste, Sediment and Erosion Control,
Stormwater,Non-discharge, and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
2sicle-ely,
Charles Wakild, P.E.
CW/kah/ern
Attachments: Certificate of Completion
cc: Jeff Garnett, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
Josh Pelletier, U.S. Army Corps of Engineers- Washington Regulatory Field Office
Roberto Scheller, DWQ Washington Regional Office
File Copy
DLR, Washington Regional Office
Filename: 1 10786Ver2USCGStationoregonInletWalterSlooghNavigationalChannel(Dare)401_IC_Revised
1r17 A�eil Service CEnter,Raleigh,Noilh Carolina 27699 1617
Location:51214.Salisbury SI.Raleigh,North Carolina 27604
Rhonn:919 807-53001 Fha:919-S07-649' r;u;loner Scivico.1£,17 GZ",w48
Intr net Gvtiva ncvatergu,lit n oIlC
NorthCarolina

Commanding Officer John H.Lang and US Coast Guard CEU Cleveland
Dare County
2011-0786,Ver.2
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality(the
Division)Regulations in 15 NCAC 21-1, Section .0500 to Commanding Officer John H. Lang and US Coast
Guard CEU Cleveland,to fill or otherwise impact 4.0 acres of open water(sound)to conduct the proposed
maintenance dredging of Walter Slough, which is located at USCG Station Oregon Inlet on Bodie Island
and within the nearby Walter Slough navigational channel, northwest of Oregon Inlet,in Dare County,
North Carolina, pursuant to an application filed on the 29`I'day of March of 2012,and received by the
Division on May 7,2012,and by Public Notice issued by the USAGE on September 29,2011,and received
by the DWQ on September 29,2011.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore,the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301,302, 303, 306,307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation,and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice and the Division of Coastal Management Application. If the project is
changed, prior to notification a new application for a new Certification is required. If the property is sold,
the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions of this Certification. Any new owner must notify the Division and request
the Certification be issued in their name. Should wetland or stream fill be requested in the future,
additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h)(6)and(7).
If any plan revisions from the approved site plan result in a change in stream or wetland impact or an
increase in impervious surfaces,the Division shall be notified in writing and a new application for 401
Certification may be required. For this approval to be valid,compliance with the conditions listed below
is required.
Conditions of Certification:
I. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Isolated/Non-404 Jurisdictional Wetland Permit are met. No other impacts are
approved including incidental impacts:
Type of Im act Amount Approved(Units) Plan Location or Reference
Open Waters(sound) 4.0 acres Application
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated,and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design i1Ianual.

3
Commanding Officer John H.Lang and US Coast Guard CEU Cleveland
Dare County
2011-0786,Ver.2
b. The design, installation,operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Seclimenl and Erosion Control Manual. Tile devices
sliall be maintained on all construction sites, borrow sites,and waste pile(spoil)projects,
including contractor-owned or leased borrow pits associated with the project,
c. For borrow pit sites,the erosion and sediment control measures must be designed, installed,
operated,and maintained in accordance with the most recent version of the North Carolina
Staface Mining Mcrnital.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act;
3. Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources(DLR)or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit(NCGO10000)administered by the Division is automatically
issued to the project. This General Permit allows stormwate►•to be discharged during land
disturbing construction activities as stipulated by conditions in the permit. If your project is
covered by this permit[applicable to construction projects that disturb one(1)or more acres],full
compliance with permit conditions including the sedimentation control plan,self-monitoring,
record keeping and reporting requirements are required. A copy of this permit and monitoring
report forms may be found at http;//portal.ncdenr..org/web/wylws/stdconstf,trction;
4. No waste,spoil, solids,or fill of any kind shall occur in wetlands,waters,or riparian areas
beyond the footprint of the impacts depicted in the 404/401 Permit Application. All construction
activities, including the design, installation, operation,and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur;
5. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximu►n
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable,they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project;
Continuing Compliance:
6. Commanding Officer John FI. Lang and US Coast Guard CEU Cleveland, shall conduct
construction activities in a manner consistent with State water quality standards(including any
requirements resulting from compliance with section 303(d)of the Clean Water Act)and any
other appropriate requirements of State law and federal law. If the Division determines that such
standards or laws are not being met(including the failure to sustain a designated or achieved use)
or that State or federal law is being violated, or that further conditions are necessary to assure
compliance, the Division may reevaluate and modify this Certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15A
NCAC 21-1.0507(d). Before modifying the Certification, the Division shall notify Commanding
Officer John H. Lang and US Coast Guard CEU Cleveland, the US Army Corps of Engineers,
and provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for a
public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be
provided to Commanding Officer John H. Lang and US Coast Guard CEU Cleveland, in writing,
shall be provided to the United States Army Corps of Engineers for reference in any Permit

4
Commanding Officer John H.Lang and US Coast Guard CEU Cleveland
Dare County
2011-0786,Ver.2
issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the
404 Permit for the project;
Other Conditions:
7. Upon completion of the project,the applicant shall complete and return the enclosed
"Certification of Completion Form"to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality;
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 Permit.
If this Certification is unacceptable to you,you have the right to an adjudicatory hearing upon written
request within sixty(60)days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings,6714 Mail Service Center, Raleigh,N.C. 27699-6714. If
modifications are made to an original Certification,you have the right to an adjudieatory hearing on the
modifications upon written request within sixty(60)days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the I"day of June 2012
:7N F WAT ALITY
Charles Wakild, P.E.
C W/kah/ijm
3919

APPENDIX C
USFWS CONSULTATION

From: Matthews,Kathryn H
To: Policaroo,John N CIV USARMY CESAW(USA)
Cc: Mann.Leiah
Subject: [Non-DoD Source]Re: [EXTERNAL]USCG Station Oregon Inlet/Walter Slough Channel Maintenance Dredging
(USFWS Project Code:2023-0101214)
Date: Thursday,July 6,2023 10:46:24 AM
Hi John,
The Service concurs with your species determination for West Indian manatee. I don't have
any significant concerns for the project. Thanks,
Please note that I am teleworking Wednesday through Friday, every week. Email is the best
way to reach me. Thanks,
Kathy Matthews
NC Renewable Energy Coordinator &
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
551-F Pylon Drive
Raleigh, NC 27606
919-856-4520, x. 27
From: Policarpo,John N CIV USARMY CESAW (USA) <[e-mail]>
Sent:Thursday,July 6, 2023 10:13 AM
To: Matthews, Kathryn H <[e-mail]>
Subject: [EXTERNAL] USCG Station Oregon Inlet/Walter Slough Channel Maintenance Dredging
Listed Species Determination
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Good Morning Kathy,
The Corps is preparing to submit a permit application, on behalf of the US Coast Guard,to the US
Army Corps of Engineers Regulatory Division and the NC Department of Environmental Quality
Division of Water Resources,to conduct maintenance dredging of two portions of the Walter Slough
navigation channel. The proposed project involves the following:
The Corps proposes to maintenance dredge within Ranges 2 and 4 of the Walter Slough navigation
channel, to allow vessel access to and from USCG Station Oregon Inlet basin, utilizing Government
owned special purpose hopper dredge. The Walter Slough navigation channel is a channel following
naturally occurring deep water(not a fixed alignment), having dimensions of-7 feet mean lower low

water(MLLW), with 2 feet of allowable overdepth, and a bottom width of 60 feet. The required
maintenance dredging would be to the previously authorized depth of-7.0 feet MLLW, with an
allowable overdepth dredge to -9.0 feet MLLW. All dredged material, estimated to be approximately
3,114 cubic yards (CY) if the shoaled areas are dredged to maximum overdepth, would be placed
within the nearshore area along the oceanside beachfront of Pea Island. A dredging window has
been established for the protection of fisheries resources, from October 1 to February 14; all
maintenance dredging would be conducted within this timeframe.
The Corps has determined that the proposed project may affect, but is not likely to adversely affect,
the West Indian manatee. The Corps would adhere to the FWS' Guidelines for Avoiding Impacts to
the West Indian Manatee (2017) during all in-water work.
I have included the scope of the project depicting the dredge and placement locations, as well as an
IPaC determination. The approximate mid-point coordinates of the project are: 35.791092;
Longitude-75.566079.
The Corps requests FWS' concurrence with this determination. Please let me know if you have any
questions or need any additional information.
Thanks
John
John N. Policarpo
Physical Scientist
Wilmington District, U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28402
Work: 910-251-4700