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HomeMy WebLinkAbout20200531 Ver 1_CAMA Application_20200417ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director April 17, 2020 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar(c�ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dare County Project Location: Shallowbag Bay, Manteo in Dare County Proposed Project: Mechanically maintenance dredge Ranges 1-5 of a Federally authorized channel extending from the mouth of Doughs Creek, through Shallowbag Bay and into the Roanoke Sound in Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gre_pp Bodnar at the address above by May 8, 2020. If you have any questions regarding the proposed project, contact Audy Peoples (252-264-3901, ext. 232) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" PRINT NAME AGENCY SIGNATURE DATE This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. NORTHCAROUNAD_E Q�I Uatuotmmt of Environmental quality North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Dare County, Shallowbag Bay Maintenance Project 2. LOCATION OF PROJECT SITE: Ranges 1-5 of a Federal Navigational Channel that begins south of Doughs Creek between the Manteo Town docks off of Queen Elizabeth Ave and.Roanoke Island Festival Park, extending through Shallowbag Bay to the Roanoke Sound, Dare County. Range 1: 35.909705' N,-75.667861 ° W (end point) Range 5: 35.909581' N,-75.6439420 W (beginning point) Queen Elizabeth II berth: 35:910115° N,-75.6671790 W Offload site: 35.905268' N,-75.669145' W Spoil disposal site: 35.9178550 N,-75.6977710 W 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit — 4/16/2020 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete — 4/8/2020 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Manteo (Dredge & Offload) Dare County (Spoil storage site) Land Classification from LUP — Conservation & Mixed -Use near dredge area and offload site (Manteo); Community Residential (Dare) (B) AEC(s) Involved: Public Trust Area (PTA), Estuarine Waters (EW), Estuarine Shoreline (ES) (C) Water Dependent: Yes (D) Intended Use: Public/Government (E) Wastewater Treatment: Existing — N/A Planned - N/A (F) Type of Structures: Existing — Town & private docks/marinas, channel markers/buoys Planned -None (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Non -Vegetated Wetlands ±1,503,856 ft2 (Open Water PTA, EW AEC) (±34.52 acres) (B) High Ground within ES AEC ±2,700 ft2 0.06 acres (C) High Ground Spoil Areas ±1,525,907 ft2 (±35.03 acres) Dare County, Shallowbag Bay Maintenance Project Field Investigation Report Page 2 (D) Total Area Disturbed: ±3,032,463 ft2 (±69.61 acres) (E) Primary Nursery Area: Yes (boughs Creek only) (F) Water Classification: Doughs Creek = SC;HQW, closed to shellfishing Shallowbag Bay = SC, closed to shellfishing Roanoke Sound = SA;HQW, open to shellfishing 8. PROJECT SUMMARY: Dare County is proposing to mechanically maintenance dredge Ranges 1-5 of a Federally authorized channel extending from the mouth of Doughs Creek at the Manteo Town docks, through Shallowbag Bay and into the Roanoke Sound. The project will also include the maintenance dredging of a connector channel extending from Range 1 of the channel to the berth of the Elizabeth II moored at Roanoke Island Festival Park. Additional dredging is proposed within an open water area that has not previously been dredged adjacent to the proposed offload site so that spoil laden barges may safely navigate to the site. Project Setting The project site is primarily located within Shallowbag Bay adjacent to the Town of Manteo, Dare County, within a Federally authorized navigation channel consisting of multiple Ranges. This project is specific to Rangesl-5. Range 1 begins at the mouth of Doughs Creek between the Town docks (located to the east of Queen Elizabeth Avenue) and Roanoke Island Festival Park. Ranges 2-5 of the channel extend ±2.2 miles through Shallowbag Bay and into the Roanoke Sound. The channel width of Range 1 is ±200' while Ranges 2-5 are 100' in width. Recent bathymetric surveys were conducted by the U.S. Army Corps of Engineers (USAGE) in January and February 2020 that revealed compromised navigability due to shoaling. It was reported that existing depths within Range 1 were between -7' and -9' MLLW, while Ranges 2-4 had depths ranging between 4 and -10' MLLW. Per the application, the average depth of Ranges 1-5 is approximately -5' MLLW. In addition, the shoaling of a connector channel extending from Range 1 to the berth of the Elizabeth II at Festival Park has prevented the vessel from navigating into the Roanoke Sound. The Elizabeth II is a representative 16th century three -masted, six -sailed wooden vessel with a draft of 8' that requires annual maintenance, but to do so it must navigate to Manns Harbor using the Federal Channel. Due to the shoaling, the last time maintenance was performed was in January of 2017. Existing depths within the connector channel range from 4 to -7' MLLW. The vessel is moored to five fixed dolphins and is accessed via an existing wooden pier and platform. The shoreline adjacent to the Elizabeth II's berth is a coastal wetland area primarily vegetated with black needlerush (Juncus roemerianus). The history of this channel and subsequent dredging was outlined in the submitted application as follows, "The USACE initially authorized the Manteo (Shallowbag) Bay project on May 17, 1950 by HD31018111 and project improvements were later authorized on December 31, 1970 (HD 91-30319112). The project included the following element: • A channel 12 feet deep and 100 feet wide from a basin in front of the town of Manteo extending12.6 miles to and through Roanoke Sound to Old House Channel (Referred to as Ranges 1 through 17, including Range 17 Extension), including a side channel of the same dimensions 0.8 mile long to a basin at the town of Wanchese (Referred to as Ranges 14 A, B, and C) Dare County, Shallowbag Bay Maintenance Project Field Investigation Report Page 3 Although the entire Manteo (Shallowbag) Bay project has been federally authorized, only portions have been maintained on a regular basis by the USACE. According to the USACE, this area has not been maintained by the USACE since the construction of the state-owned Wanchese Seafood Industrial Park in 1981 (T. Horton, personal communication, 2019). Since that time, the State of North Carolina continued to maintain this stretch of the federal project periodically. Specifically, the State has performed maintenance dredging within Ranges 1-4 of the Shallowbag Bay project six times since 1985. Five of these events were conducted with private contract dredges and one time with the State's Ferry Division plant. The amount of material removed during each of these six events ranged from 8, 000 cy to 276, 000 cy (Moffatt & Nichol, 2005). No maintenance dredging, however, has been performed within these channels since 2005 which has led to impediments to navigation over recent years." Dredging of the connector channel extending from Range 1 to the Elizabeth II berth at Festival Park was authorized in July 1983 via a modification to CAMA Major Permit #83-82 issued to the NC Department of Transportation. The proposed offload/transfer site of dredged spoils is located at the Marshes Light subdivision Marina, addressed as 301 Dartmoor Lane, Manteo. The marina has ±1,000' of bulkheaded shoreline with ±30 slips within a basin area and an additional ±31 slips located on an open water pier. The highground located on the south side of the marina adjacent to the basin contains a ±24' wide grassed buffer along the bulkhead as well as a ±200'x50' gravel parking area and gravel access road to UppowacAvenue (SR 1192). The adjacent property to south of the marina is a large, vacant area of coastal wetlands consisting primarily of black needlerush (Juncus roemerianus). The adjacent property to the north contains residential condominiums. The waters of Doughs Creek are designated as a Primary Nursery Area, classified as SC;HQW waters and are closed to shellfishing. Inner Shallowbag Bay is designated as a Permanent Secondary Nursery Area and Outer Shallowbag Bay is designated as a Special Secondary Nursery Area, both are classified as SC waters and are closed to shellfishing. The Roanoke Sound is classified as SA;HQW waters and is open to shellfishing within the project area. All the above described waterbodies are considered Coastal Waters. The submitted application includes a Sediment Analysis Report (Appendix D), an Affected Environment Report (Appendix E) and Guidelines for Avoiding Impacts to Manatees (Appendix F). Development Proposal Dare County is proposing to mechanically maintenance dredge Ranges 1-5 of a Federally authorized channel extending from the Manteo Town docks located at the mouth of Doughs Creek, through Shallowbag Bay and into the Roanoke Sound. The project will also include the maintenance dredging of a connector channel extending from Range 1 of the channel to the berth of the Elizabeth II moored at Roanoke Island Festival Park. Additional dredging is proposed within an open water area that has not previously been dredged adjacent to the proposed offload site so that spoil laden barges may safely navigate to the site. Dredging will be performed via a bucket dredge mounted on a barge. Dare County, Shallowbag Bay Maintenance Project Field Investigation Report Page 4 According to the application, Ranges 1-5 will be dredged to a depth of -10' MLLW within an area measuring ±11,800' in length by±100' in width. Existing depths are reported to be approximately -5' MLLW and the-10'MLLW connective depth is located within Range 5 of the channel. An estimated volume of ±124,063 cubic yards of material with 3:1 side slope will be removed from within the channel area. The dredging of the connective channel from Range 1 to the Elizabeth II berth will occur within the dredging footprint of the authorized 1983 CAMA Major Permit, which was a ±19,021 ft2 area measuring ±290' in length by ±70' in width. Existing depths are reported to be approximately -4' MLLW and the final proposed dredge depth is -10' MLLW. An estimated volume of ±4,227 cubic yards of material with 3:1 side slope will be removed from within the connective channel area. Dredge spoils will be transported via barges (estimated sizes include 50'x30' and 100'x40') to the Marshes Light subdivision Marina where it will be directly transferred to dump trucks. The barges will approach the marina's bulkheaded high ground area from an easterly direction south of the existing open water docking slips. The estimated draft for fully loaded barges is 4', and while the open waters of this area include deeper depths, it is anticipated that dredging will be required to safely gain access to the offload site. The application references a ±57,111 ft2 approach corridor that measures ±420' in length and ±135' in width with water depths that range from -1' to -7' MLLW. The project narrative states that dredging within this area most likely will be limited to a 75' wide channel and the larger area request is to account for any areas of shoaling that may occur and impede barge navigation. The proposed dredge depth within this area is -6' MLLW, removing ±1,058 cubic yards of material. Dump trucks will transport the dredge spoils from the offload site to the Dare County Regional Airport where they will be placed within four upland disposal areas totaling ±35 acres (see Appendix A, sheets 2 & 13). Bulldozers will then grade the spoil material when dry. No additional impervious surfaces are proposed, and the spoil areas will be stabilized per conditions stated in DMLR's Erosion Control Permit (pending per Project Narrative). Based on the Sediment Analysis Report (Appendix D), the dredge spoils will be composed primarily of silty sand, sand, clay and clayey silt. An SAV survey was conducted by Quible & Associates in and around the areas of Shallowbag Bay and the Roanoke Sound in 2004 (see Appendix E, sheets 9-11) as well as the NMFS using visual interpretation of SAV areas using high resolution 2006-2008 aerial photography. These studies determined that SAV was not growing within the vicinity of the proposed dredge areas. Known shellfish resources lie outside of the proposed dredging footprint (see Appendix E, sheets 11&12) and no direct impacts are anticipated. No impacts to cultural resources within the proposed dredge areas are anticipated (see Appendix E, sheets 26-28). Anticipated Impacts . The proposed dredging will result in ±1,503,856 ft2 (±34.52 acres) of cumulative shallow water bottom disturbance: o Ranges 1-5 is ±1,427,724 ft2 (±32.77 acres) o The connector channel is ±19,021 ft2 (±0.44 acres) o Offload site is ±57,111 ft2 (±1.31 acres) Dare County, Shallowbag Bay Maintenance Project Field Investigation Report Page 5 • The proposed dredging will result in ±129,348 cubic yards of spoils composed primarily of silty sand, sand, clay and clayey silt • Spoil disposal will result in the cumulative disturbance of±1,525,907 ft2 (±35.03 acres) within upland areas landward of CAMA jurisdictional AEC's. • While no site improvements or changes are proposed to the dredge offload site, staff anticipates that some degree of disturbance will occur during the loading and transport of dump trucks that may require regrading and seeding within an existing ±2,700 ft2 grassed area. The use of logging mats within this area may negate this impact. • Temporary turbidity will occur during dredging operations; however, the applicant has indicated that dredging activities will be restricted by the general dredging moratorium and will not commence between April 1 and September 30 in order to protect natural resources. • Based on submitted documentation within Appendix E, it appears that SAV and shellfish resources will not be impacted by the dredging activities. Per a letter received from NCDCR dated 4/15/2020, no historic resources will be affected by the project. Submitted by: Ron Renaldi Date: 4/16/2020 MANTEO (SHALLOWBAG) BAY MAINTENANCE DREDGING PROJECT NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT MAJOR PERMIT APPLICATION Received Prepared for: MAR 11 2020 D I EC Dare County, North Carolina Prepared by: At APTIM APTIM 4038 Masonboro Loop Road Wilmington, North Carolina 28409 Submitted to: North Carolina Department of Environmental Quality Division of Coastal Management Wilmington Regional Office March 2020 MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT CONTENTS 2.1.1 5b. Brief description of purpose, use, and daily operations of the project when complete ............ 9 2.1.2 5c. Description of the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored ...... 10 2.1.3 6a. Project Narrative..........................................................................................11 2.1.4 6b An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. ............................................................................................................................................................ 15 2.1.5 6c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with thearea to the site............................................................................................15 2.1.6 6d A copy of the deed or oter instrument under which the applicant claims title....................15 2.1.7 6e. The appropriate applicationfee............................................................................................ 15 2.1.8 6f A list of the names and complete addresses of the adjacent waterfront landowners and signed returnreceipts..............................................................................................15 2.1.9 6g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee and issuing dates................................................................................................... 15 2.1.10 6h. Signed Agent Authorization Form..................................................................................... 16 2.1.11 6i. Wetland delineation, if necessary ....................................................................................... 16 2.1.12 6j. Signed AEC Hazard Notice................................................................................................ 16 2.11.13 6k. A statement of compliance with NC Environmental Policy Act.................................16 Appendices Appendix A: Work Plats and Location Maps Received Appendix B: Signed Agent Authorization Form Appendix C: Adjacent Riparian Landowner Notification MAR ..1 1 2020 Appendix D: Sediment Analysis Report AppendixE: Affected Environment DMEC Appendix F: Guidelines for Avoiding Impacts to the West Indian Manatee G Appendix G: Deeds Appendix H: Letter of Permission from Offloading Site Landowner 1 APTIM Coastal Planning & Engineering of North Carolina, Inc. MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT 1 FORMS 1.1 DCM MP-1 APPLICATION for Malor Development Permit (last revised 12127106) Received MAR 112020 DCM-EC North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner information Business Name Project Name (if applicable) Dare County $h a ji) Ow ba P9ay' Channel Maintenance Project Applicant 1: First Name MI Last Name Robert L Outten Applicant 2: Frst Name MI Last Name NA NA NA If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 954 Marshall C Collins Drive Manteo NC ZIP Country Phone No. FAX No. 27954 USA 252 475 5800 ext. 252 4731817 Street Address (if different from above) City State ZIP Email outten@darenc.com 2. Agent/ContractorInformation Business Name APTIM Agent/ Contractor 1: First Name MI Last Name Kenneth Willson Agent/ Contractor 2: First Name MI Last Name Brad Rosov Mailing Address PO Box City State 4038 Masonboro Loop Road Wilmington NC ZIP Phone No. 1 Phone No. 2 28409 910 - 791 - 9494 ext. ext. FAX No. Contractor # NA Federal I D # 020623951 Email kenneth.willson@aptim.com; brad.rosov@aptim.com 1 APTIM Coastal Planning & Engineering of North Carolina, Inc. Received MAP 11 1010 MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT CMpfe6Location County (can be multiple) Street Address State Rd. # Dare Unincorporated Dare County within Shallowbag Bay NA Subdivision Name city State Zip NA NA NC NA Phone No. Lot No.(s) (if many, attach additional page with list) NA NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank River Basin Shallowbag Bay C. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade [--]Unknown Roanoke Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Dredge disposal will fall within Dare County planning jurisdiction 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) None 1,191,200 (Size of proposed dredge footprint) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or Dredge disposal will be located within four defined areas within NWL (normal water leveq the grounds of the Dare County Regional Airport totaling 35.03 • Area to be dredged ranges from --2 to -10 MLW acres. Dredge disposal area at the Dare County Regional (if many lot sizes, please attach additional page with a list) Airport is +14' MSL e. Vegetation on tract Dredge disposal area is vegetated with grass f. Man-made features and uses now on tract Footprint of areas to be dredged include existing navigation channels, dredge disposal area is located in a cleared and graded field on the grounds of the Dare County Regional Airport g. Identify and describe the existing land uses adjacent to the proposed project site. Areas to be dredged are adjacent to the Town of Manteo and Festival Park which includes various commercial, residential, and tourism uses. The dredge disposal area is adjacent to the Dare County Regional Airport and residential uses. The offloading area is in proximity to a private marina. h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? The dredge disposal area is zoned within an Airport Overlay (Attach zoning compliance certificate, if applicable) (AO) District ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ®Yes ❑No ❑NA If yes, by whom? Dredge Area: Wilde-Ramsing et al, 1983; Watts, 2008 I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? m. (i) Are there wetlands on the site? []Yes ®No (ii) Are there coastal wetlands on the site? []Yes ®No (III) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) 2 APTIM Coastal Planning & Engineering of North Carolina, Inc. MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT n. Describe existing wastewater treatment facilities. NA Received o. Describe existing drinking water supply source. MAR 1 1 2020 NA p. Describe existing storm water management or treatment systems. ®CM NA -EC 5. Activities and Impacts a. Will the project be for commercial, public or private use? ®Commercial EPublic/Government SPrivate/Community b. Give a brief description of purpose, use and daily operations of the project when complete. See Attached. c. Descdbe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. See attached. d. List all development activities you propose. Maintenance dredging of existing navigation channels with Shallowbag Bay utilizing a clamshell dredge with dredge spoils disposed of on County -owned land located at the Dare County Regional Airport e. Are the proposed activities maintenance of an existing project, new work, or both? Existing project f. What lathe approximate total disturbed land area resulting from the proposed project? 35.03 ❑Sq.Ft or EAcres g. Will the proposed project encroach on any public easement, public access way or other area Was ❑ No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None. I. Will wastewater or stormwater be discharged into a wetland? []Yes SNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ENA j. Is there any mitigation proposed? []Yes NNo ❑NA If yes, attach a mitigation proposal. 6. Additionallnfonnadon In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicard claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. APTIM Coastal Planning & Engineering of North Carolina, Inc. MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name See attached Phone No. Address Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Department of Army permit HD 310/81/1 issued on 5117/50 and State of NC CAMA permit #83-83 issued on 2/3/83 h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. 1. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Mustbe signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 17. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow onl project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this pennit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 2/5/20 PrimName (/ JBrraadd Rosov Signanae Please indicate application attachments pertaining to your proposed project. EDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts EDCM MP-3 Upland Development ❑DCM MP-4 Structures Information APTIM Coastal Planning & Engineering of North Carolina, Inc. Receive! MAP 11 2020 ®CM -EC MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT Received Received 1.2 DCM MP-2 MAR 31 2020 MAR 11 2020 EXCAVATION and FILL DCM-EC DWEC (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation andlor fill activities. All values should be given in feet Access Channel OffloadingCanal Site Dredge Rock Rock Other (excluding (NLW or NWL) Area Groin breakwater shoreline stabilization) 11,800' (Ranges 1- -420'- 57,111 - -290'; 19,021 total square Length 5) total square feet (Elizabeth 11 Berth feet Area) -135'- 57,111 -70; 19,021 total square Width 100' (Ranges 1-5) total square feet (Elizabeth II Berth feet Area) Avg. Existing -5' MLLW (Ranges _55' MLLW NA NA -4' MLLW (Elizabeth II Depth 1-5) . Berth Area) Final Project -10 MLLW (Ranges -6' MLLW NA NA -10 MLLW (Elizabeth 11 Depth 1-5) Berth Area) EXCAVATION ❑This section not applicable a. Amount of materiel to be excavated from below NHW or NWL in b. cubic yards., 1314,063 71p,R•41110 ,ggre0ffcubic yards within Ranges 1-5 (based January and February 2020 bathymetric surveys) plus -1- 0cubic yards within Elizabeth II Connector Channel -4� y 219 R,AA. ar4Iv/ho a ..% ^-I oSS 4rt,.c arL) w"iti... o4f ton ct S•�C C. (i) Does the area to be excavated include coastal wetlands/marsh d. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL NNone (if) Describe the purpose of the excavation in these areas: N/A OF EXCAVATED MATERIAL Location of disposal area. Dare County Regional Airport C. (i) Do you claim title to disposal area? Eyes ONO ❑NA (if) If no, attach a letter granting permission from the owner See Appendix H (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or otherwetlands (WL)? If any boxes are checked, provide the number of square feel affected. ❑CW ❑SAV ❑SB OWL ENone (if) Describe the purpose of disposal in these areas: NIA Type of material to be excavated. Clay/Sand/Silt High -ground excavation in cubic yards. None ❑This section not applicable b. Dimensions of disposal area. There are four discrete disposal areas totaling 35.03 acres (see Sheet 2 in Appendix A for schematics) d. (I) Will a disposal area be available for future maintenance? Eyes ONO ❑NA (if) If yes, where? Same locations f. (1) Does the disposal include any area in the water? Oyes ONO ❑NA (if) If yes, how much water area is affected? MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Tvbe of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other C. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill _ Other I. Source of fill material. Width: _ d. Maximum distance waterward of NHW or NWL: (1) Has there been shoreline erosion during preceding 12 months? []Yes []No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (il Will fill material be brought to the site? SYes ❑No ❑NA b. C) Will fill material be placed in coastal wetlands/marsh If yes, (ii) Amount of material to be placed in the water 0 Cubic yards (III) Dimensions of fill area: There are four discrete disposal areas totaling 35.03 acres (see Sheet 2 in Appendix A for schematics) (iv) Purpose of fill Disposal of dredge material from Shallowbag Bay (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or otherwetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑m ❑SAV ❑SB _ OWL ®None (ii) Describe the purpose of the fill in these areas: The purpose of the fill at the Dare County Regional Airport is to be used as a disposal area for the material dredged from within Shallowbag Bay (GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., controlled? dragline, backhoe, or hydraulic dredge)? Excavated material will be kept onsite through the use of silt Clamshell dredge, barges, bulldozers, and dump trucks fencing and vegetating the surface ofthe disposal area. An Erosion Control Plan will be submitted to DEMLR as part of their Erosion Control Permit application. C. (i) Will navigational aids be required as a result of the project? []Yes SNo ❑NA (ii) If yes, explain what type and how they will be implemented. 2/5/20 Date d. (i) Will wetlands be crossed in transporting equipment to projectsite? ❑Yes SNo ❑NA (ii) If yes, explain steps that will betaken to avoid or minimize environmental impacts. Manteo (Shallowbay Bay) Maintenance Dredging Project Receiyind Project Name 6 Dare County MAR 11 1020 Applicant Name DCM-EC Applicant Signature Received APQ 8 2020 Cut/Fill Report Generated: 2020-04-07 17:58:44 ®CM -EC By user: Kristina.McCoy P:\North Carolina\DARE COUNTY PROJECTS\733003343_Shallowbag Bay Permitting and Drawing: Design\CAD\Permit\P:\North Carolina\DARE COUNTY PROJECTS\733003343_Shallowbag Bay Permitting and Design\CAD\Permit\733003343p_PV_Range 1 thru 5 Volume.dwg Volume Summary Name Type Cut Factor Fill Factor 2d Area (Sq. Ft.) Cut (Cu. Yd.) Fill W11) Net (Cu. Yd.) 100ftvolume RANGE 1 -IOFT full 1.000 0.000 93109.51 5327.51 0.00* 5327.51* 100 ft volume RANGE 2 -IOFT full 1.000 1.000 99994.57 10379.49 0.00 10379.49<Cut> 100 ft volume RANGE 3 -IOFT full 1.000 1.000 102734.27 5273.46 0.00 5273.46<Cut> 100 ft volume RANGE 4 -IOFT full 1.000 1.000 596783.51 71789.60 0.00 71789.60<CuV 100 ft volume RANGE 5 -IOFT full 1.000 0.000 340115.07 19598.71 0.00* 19598.71* GRADING 100 ft volume RANGES 1 TO 5 1V3H -IOFT full 1.000 1.000 194987.00 11694.55 0.00 11694.55<CuV Totals 2d Area (Sq. Ft.) Cut (Cu. Yd.) Fill (Cu. Yd.) Net (Cu. Yd.) Total 1427723.93 124063.31 0.00* 124063.31* * Value adjusted by cut or fill Factor other than 1.0 MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT 1.3 DCM MP-3 Received UPLAND DEVELOPMENT Mae 112020 (Construction and/or land disturbing activities) DCM-EQ Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units orstmctures proposed. None. 0. Density (give the number of residential units and the units per acre). None e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. O If applicable, has asedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ERNo ❑NA (li) If yes, list the date submitted: Sedimentation control plan will be submitted. g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, moftops, or to be used for vehicular driveways or parking. 0% i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 0% j. Describe proposed method of sewage disposal. None 7 b. Number of lots orparoels. None d. Size of area to be graded, filled, or disturbed includingroads, ditches, etc. 35.03 acres f. List the materials (such as marl, paver stone, asphalt, orconcmle) to be used for impervious surfaces. no impervious surfaces will be created h. Projects that require a CAMA Major Development Permit mayalso require a Stormwatcr Certification. O Hasa site development plan been submitted to the Division of Water Quality for review? ❑Yes ®No DNA (11) If yes, list the date submitted: k. Have thefacilities described in Item (i) received state or local approval ❑Yes 0 No ❑NA If yes, attach appropriate documentation. MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT 1. Describe location and type of proposed discharges to waters ofthe state (e.g., surface runoff, sanitary wastewater, industrial/commercial effluent, "%vwh down' and residentialdischarges). None m. Describe proposed drinking water supply source (e.g.,well, community, public system, etc.) None n. When was the lot(s) platted and recorded? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑yes ❑ No ❑NA 2/5/20 Date Manteo (Shallowbag Bay) Maintenance Dredging Project Project Name Dare County Applicant Name Applicant Signature M. Does the proposed project include an innovntivestonnwater design? ❑Yes IANo DNA If yes, attach appropriate documentation. q. (i) Will waterbe impounded? ❑Yes ONo DNA (ii) If yes, how many acres? Received MAR 112020 8 DCM-EC MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT Receive 2 ATTACHMENTS 2.1 DCM MP-1. ADDITIONAL INFORMATION MAR 11 2010 DMEC 2.1.1 5b. Give a brief description of purpose, use, and daily operations of the project when complete. The U.S. Army Corps of Engineers (USAGE) initially authorized the Manteo (Shallowbag) Bay project on May 17, 1950 by HD310/81/1 and project improvements were later authorized on December 31, 1970 (HD 91-303/91/2). This federal navigation project is located along the Outer Banks portion of Dare County, North Carolina, between Oregon Inlet, Roanoke Island, and Albemarle Sound. The project includes the following elements: • A channel 6 feet deep and 100 feet wide extending 1.6 miles from Manteo (Shallowbag) Bay through Roanoke Sound to that depth in Albemarle Sound (Referred to as Range 4A and 4B) • A channel 12 feet deep and 100 feet wide from a basin in front of the town of Manteo extending12.6 miles to and through Roanoke Sound to Old House Channel (Referred to as Ranges 1 through 17, including Range 17 Extension), including a side channel of the same dimensions 0.8 mile long to a basin at the town of Wanchese (Referred to as Ranges 14 A, B, and C) • A channel 12 feet deep and 100 feet wide extending 8 miles from Oregon Inlet via Old House Channel to the 12-foot contour in Pamlico Sound (Section from the Bridge to Old House Channel referred to as Oregon Inlet West Ranges 1 through 6; Old House Channel includes Ranges 1 and 2) • A channel 14 feet deep and 400 feet wide from the Oregon Inlet gorge across the ocean bar. Although the entire Manteo (Shallowbag) Bay project has been federally authorized, only portions have been maintained on a regular basis by the USACE. Over recent years, navigability has been compromised due to shoaling within the basin between the town of Manteo and Roanoke Island Festival Park and the channel extending through Shallowbag Bay into Roanoke Sound (Ranges 1 through 5). According to the USACE, this area has not been maintained by the USACE since the construction of the state-owned Wanchese Seafood Industrial Park in 1981 (T. Horton, personal communication, 2019). Since that time, the State of North Carolina continued to maintain this stretch of the federal project periodically. Specifically, the State has performed maintenance dredging within Ranges 1-4 of the Shallowbag Bay project six times since 1985. Five of these events were conducted with private contract dredges and one time with the State's Ferry Division plant. The amount of material removed during each of these six events ranged from 8,000 cy to 276,000 cy (Moffatt & Nichol, 2005). No maintenance dredging, however, has been performed within these channels since 2005 which has led to continued navigation difficulties over recent years. Recent bathymetric surveys in the channels proximate to Manteo were conducted by the USACE in January and February 2020. These surveys revealed the extent of compromised navigability due to the chronic shoaling. Specifically, sections of Range 2, Range 3, and Range 4 contain depths as shallow as -5' MLLW. As such, safe and reliable recreational boating opportunities have been limited within the area. In addition, this continued shoaling has prevented the Elizabeth II, a representative 161 century sailing ship with a draft of 8 feet, from navigating into Roanoke Sound from its home berth at Festival Park. Without the ability to sail to Manes Harbor where it can undergo repair and maintenance, the wooden vessel may become structurally unsound rendering it unable to fulfill its educational mission. In order for the ship to transit to Manes Harbor, water depths greater than 8 feet are required. APTIIvi Coastal Planning & Engineering of North Carolina, Inc. MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT The stated purpose of the USACE's federally authorized Manteo (Shallowbag) Bay project is to provide a safe, reliable navigable channel from the Atlantic Ocean through Oregon Inlet to Roanoke Sound and connecting channels to Pamlico Sound. In the same spirit, Dare County is now seeking the necessary permits and clearances allowing them to perform maintenance dredging within Ranges 1-5 of the federally authorized project and a connector channel to the berth of the Elizabeth II to ensure safe, reliable navigation within those specific areas and to maintain the economic viability of the Town of Manteo and Festival Park Without performing this maintenance dredging, the ability of the Elizabeth H and recreational boaters to navigate safely to and from Manteo and Festival Park to the Roanoke Sound will continue to be compromised. Furthermore, dependable navigation through these channels could jeopardize a potential loss of revenue due to loss of tourism spending for both the town of Manteo and Dare County. Received MAR 11 2020 DMEC 10 APT W Coastal Planning & Engineering of North Carolina, Inc. 2.1.2 5c. Describe the proposed construction methodology, types of construction-equipmer used during construction, the number of each type of equipment and where it is to be stored. The specific construction methodology will be fully defined once the contractor has been selected.. That being said, the general methodology is as follows. Dredging operations will be performed via a bucket dredge mounted on a barge. The bucket dredge may vary in size from approximately Icy to 3cy in volume. Dredged material will be transported via barges (estimated sizes range include 50'x30' and 100'x40') to the offloading site located on the eastern shore of Shallowbag Bay where the material will then be directly transferred to dump trucks. Although the waters in proximity currently include depths greater than 4' (the estimated draft for a fully loaded barge), limited dredging be required within this area may be required to gain access to the offloading site. Dredging in proximity to the offloading site would be limited to a 75' wide channel down to -6' MLLW within a defined dredging corridor. Dump trucks, possibly sealed, will then deliver the dredged material from the offloading site to the disposal locations at the Dare County Regional Airport. Bulldozers will be used to grade the material to the final elevation within these disposal areas. Figure 1. Water depths within the construction dredge corridor in proximity to the offloading site. 2.1.3 6a. Project Narrative Dare County's proposed action includes maintenance dredging within Ranges 1-5 of the federally authorized Manteo (Shallowbag) Bay project. Ranges 1-5 as depicted in Figure 2 includes the basin between the town docks at Manteo Festival Park just south of Doughs Creek and a channel that extends through Shallowbag Bay to Roanoke Sound. In addition to the maintenance dredging within the federally authorized channel, the project will also include dredging a connector channel between Range 1 and the berth for the Elizabeth II (Figure 2 and Appendix A). In total, these areas span approximately 2.2 miles. The footprints within Ranges 1-5 will be maintained utilizing a clamshell bucket dredge dug to the same width (100') as the federally authorized channel. The depth, however, will be limited to -10' MLLW (the federal channel is authorized to -1 T) as will the channel connecting Range 1 to the berth of the Elizabeth 124,0(�3 Rna w,aa� a.". II. Based on the January and February 2020 bathymetric surveys, approximately 90,009 cy of material could be dredged out of Ranges 1-5 at a depth to -10' MLLW. It is anticipated that approximately 4-599 additional cubic yards of material would be excavated from within the connector channel between Range 1 and the berth of the Elizabeth 1I. Dredging activities will be restricted by the general dredging moratoria and will not commence between April 1 and September 30 in order to protect natural resources (Appendices E and F). �r :: .1A g . -. Il � xY.L')'s'4I57Lh`JC'A'4� t 1.20 A meBeO WV.OY f:PIYYF(FlbusYi01Y) Wove Carry.. Dwe 1 2 EIeretwT6 ve pwpaO Lytle USPCE � 6eeJe 90LE0MebMl9ee 1 NwnegNngalU UM sa1nFM EIa�CHennel Reny® ,� rtklx6Ab HOMY RapMetl Nevi � 9mEeNO Wnl�aEpMpe Nae 0 d00 900 L laxa bn Mbr�MLLW,MMbtlq Ly, IBe3.Np�iW E{aN. �FaN AAPT1M m _. Figure 2. Dredging footprint for the proposed Shallowbag Bay dredge maintenance project. The dredge spoils, composed primarily of silty sand, sand, clay, and clayey silt (Appendix D), will be transferred from a barge to a landing site located on the eastern shoreline of the bay (Figure 1 above, Appendix A, and Appendix H). The material will then be loaded directly into trucks and delivered to the dredge disposal area located within the grounds of the Dare County Regional Airport (Figure 3 below and Appendix A). Prior to disposal, the dredge disposal site will be cleared, graded, and improved as needed such that it will conform with DEMLR standards. Furthermore, all sediment control features associated with the disposal site will abide by those set forth in the conditions stated in DEMLR's Erosion Control Permit (permit pending). Site improvements at the dredge spoil disposal location will conform with DEMLR sediment control standards. Received MAR 2 6 2020 DMEC l h M y Dare County Y Regional Airport u 1.2018 background image provided by Dare County. 0 Dredge Spoil Stockpile Sites Figure 3. Dredge spoil stockpile site at Dare County Regional Airport. Received MAR 2 6 2020 DCM-EC MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT 2.1.4 6b An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. See Appendix A. 2.1.5 6c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. See Appendix A 2.1.6 6d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. See Appendix G for the deeds associated with the upland disposal site at the Dare County Regional Airport 2.1.7 6e. The appropriate application fee. Check or money order made payable to DEQ. Please find enclosed an application fee check for $475. 2.1.8 6f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Town of Manteo PO Box 246 Manteo, NC 27954 North Carolina Department of Natural and Cultural Resources 109 E. Jones Street Mail Service Center 4601 Received Raleigh, NC 27601 MAR 11 2020 Marshes Light Master, LLC c/o Prem Gupta B1�pp_E 9Jc l��IYY�I 1314 S. Croatan highway, Suite 301 Kill Devil Hills, NC 27948 See Appendix C for Adjacent Waterfront (Riparian) Landowners Notifications 2.1.9 6g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee and issuing dates. The U.S. Army Corps of Engineers (USACE) initially authorized the Manteo (Shallowbag) Bay project on May 17, 1950 by HD310/81/1 and project improvements were later authorized on December 31, 1970 (HD 15 APTIM Coastal Planning & Engineering of North Carolina, Inc. MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT 91-303/91/2). The State of North Carolina issued a permit to dredge the berth of the Elizabeth II and it's connecting channel to Range 1 on February 3, 1983 (Permit 483-82). 2.1.10 6h. Signed Agent Authorization Form. See Appendix B. 2.1.11 6i. Wetland delineation, if necessary. Not applicable. 2.1.12 6j. Signed AEC Hazard Notice. Not applicable. 2.1.13 61L A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. SEPA compliance has been met by the development and authorization of the federal project. Received MAR 1 1 2020 DCM-EC 16 APTW Coastal Planning & Engineering of North Carolina, Inc.