20200531 Ver 1_Application Attachments_20200420

MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT
Appendix A: Work Plats and Location Maps
Received
MAR 11 2020
D M-EC
17
APTIM Coastal Planning & Engineering of North Carolina, Inc.

MANTEO (SHALLOWBAG) BAY
MAINTENANCE DREDGEING PROJECT
DARE COUNTY, NORTH CAROLINA
U
W
IL
O
0z
PROPOSED UPLAND
W
DISPOSAL AREA
Q
OJ
WO
a
MAINTENANCE
i
DARECOUNTY DREDGE AREA
H
QVELI
REGIONAL-
f F W
AIRPORT
200
Z W
INDEX TO SHEETS
MANTEO
Qz O
m m U
SHALLOWBAG
1 COVER SHEET -
U
BAY
f9
- 2 PROJECT PLAN VIEW
m W
3-5 MAINTENANCE DREDGE AREA PLAN VIEW
3 K
6 ELIZABETH II DREDGE AREA PLAN VIEW
7-11 MAINTENANCE DREDGE AREA PROFILES
A -A', B-B', C-C', D-D' AND E-E' ♦
Q
°-� 12 DREDGE MATERIAL OFFLOAD SITE PLAN VIEW DREDGE MATERIAL �� tW'��
_
N
13 PROPOSED UPLAND DISPOSAL AREA OFFLOAD SITE v1RG,N'pDARE
PLAN VIEW
W
Z
0
€ 0 2500 5000
i
GRAPHIC SCALE IN FT
u
z_
3
C Sg
w y�
w � o
c
Z Z
E
O _
ZQ
1
W Z
g PROJECT SITE
c
aV$�
z Q
RALEIGH V� ? Received
x
q$ O���P'
�+ CHARLOTTE I - CAPE HATTERAS MAR 2 6 2020
4 oP
oa
N�FL
ao
JACKSONMLLEf MOREHEAD CITY
� CAPE LOOKOUT' DM�
u
E
i
DATE:
z N T S CAPE FEAR A7LAN77C
D OCEAN
BY:
REVISIONS
i
KC
DATE BY DESCRIPTION
0
COMM NO.:
-
33003343
NOT FOR CONSTRUCTION
SHEET:
z FOR REGULATORY REVIEW ONLY
1

o
O
N
Z
z
J
U
o
Lr)
U
w
QaQ z / / ` U
LLI
o K /// 1 0
a
z
W Q K wZ
QQ ? OJ
Q Z w w 0
J m W Ur UQ'3:
w \ Q Z w Q U W
%: Z=>
J - %- Fw- r Z
E N Q \ GPRg ZO(L
x —w ww s GpE 4 QZr
2 Q \ < — U
w
cv r U) w
C.3 mcD wo mno
� I w o� Q�a
/ C)O po
N A �C/lI J
F.n LU Z �/ N
w
.�K t ry .. H
y f FW4Y j;i 105/s , iiµ.L/Y}li,-
E f.r:v };a „ 'y5� �� .x y.j !��{ .pM.,,,f✓�� A TT"I �}��
LU
Zj
s ,eF O
Y4 s i- W� zG
m
W 0 OS
Z O O
U W Q El9!
W y, LL Q i3S
DATE313120
a
LU
z
� � } a- ZQ O Q _ COMM NO:
aK O�aw
1 p' EL U) 330033C
LL Q wo SHEET:
z
.._2... -.

# 133HS
3Nm a
k
2
m§
3
} k§
®
r
\}
e
®
}$
LU
\�
IL
/
]
c
, ©
`
co
,
a
am Eo
»
§
4�\
/7\
8J
k)\
\ C-)
\
}-j
\
^
\
5
\k/
$LU!
\Eamo
}
\�\
Emmo1,7
.
)
f
\
r
/
|
0
LLJ
\2})
M
/
¥
-
{
/
!
!,
}
} �)
\j
§
2 §
/
{Eamo
/
:am,
§§ 7 ƒ
2$
<
/(
o§[ LU
ƒ
fNw-ow
°
zoo
IN
\)§ §
/ }
OZZ
o!!
|_.
m j
a
�$4■
}
(
\<0w)w
w
.
\
0§\
3/3120
u
\% 22-
l2�a q@�a
<Z5H§ nw
!$ .0~
—
KC
,
\ammo
e
.
{
w■w2$§e§)e
>
e \ y
. &
§
$k§§0LUL39733003342
\\/
~\
\ ° ` )
2�w w 4

� \x
-2
-G� )
® § §
> 2
\ 0j<
GW�
# _ 2 )0§
>
_ 3 |§2
t $ � a2§
E ( % \(k
`Gb
0 U Z
§« Ln !�!
* . 0 F-
>
\ ` ) �
o ° �
z
;
§ , ®
\»/
( - \ �
�A )
} �.m < / )/ k ( |}|
! §! ! ° _
W ) Z _ @ <
\ jLQ
/} ( ).
/ w \ \ ¥(® E Duo )) {
\ , . k \ \ 00W< 7}$ all
|
L k §Z® �~m 0!;|
| 2 !!C,M EA§m
+441�} t.n < & _
�II
wqZZ
J /&
k
� I2Emz , ;(} KC §@m.X/ ( °e
031343
umcwmm
2 SHEET: ;

2
§
w
�
4
�
§
�
k 3
2«s
s
z�k
!xw
& >/
.
|�w
}
©
«
)kWm
»�§
/
q
-9\
OU|
.
0Dz
s
\
ƒ
x
»
& x& .
o
r
@
r
® x
~x x
■
•
§
\ o
:y~x
#
x
.&
he/k
\
$.
)
isz
it
*!
-
&
k
§[ § k
!_
§
§
2 [
�k& Z
|.
j
-
(
7
�k\
z!
/
kkk/§§
§|).
-
gt(®/
!§/
a/.
]�
®
0<4 >,
~
[ � u � t§§z■§§/}
\
/
§§wzl(n <0>i
m
*«
»»2b§ z
��`��0�MZCOMM
KC
m
»
mm/
: :
^° /
(
cu,c�m�
m
^.5
\
/°^
d z
z
;w w ¥

. �
7
{~�
�
�2
,e
«
■
\
■
0
z
maa;�°
z
wz
-
k!
! $
/§
§
_
`
0
�
)
!
'a'
§ k
LU
§§<
)kj
LLI
RZW
z
4za
o,_
§�
$$_
.
00
a
}
/
\
§
.
�
A
?
< ,
;,
<< 7 e
| }
K a
}( )
j
_ ■ <
.-
k§ [
-
kE§ d
,
;|,
12® §
LUL-j�
k§§
|®|
& §
,■•
o � z !
G!e
§|
� §
%§2J/2/j
co
313120
-
<§ z-§#
.
hGLUM 0>-
<
^ O.
\ $/_LW2-Q
w
y \oomoa�!<
SHEET.
2
�w a

Received
MAR 2 6 2u20
DMEC
Lu
O
w
a.
O
z
SECTION A -A'
c�
wQ
z
10
10
OJ
WO
OW
5
.........
5
GV.
EXISTING BATHYMETRY -
W F Q
Q
FEBRUARY 14, 2020
EL. +0.42' MLLW
0:
Z O j
W 0
NAVD83 EL +0.20' MLLW - — — — — — — — — — — — — --
0
Q z LL
BYO
LL
- PERMIT DEPTH
} ~
¢zn.
. . . . =-,0.0'.MLLW.
_5
M O
�O
z
,------- ----- J,
3
mw
�
O -10
3.
-10
0 0
J
w -15
f . . . . . . . . . 300' .
-15
N
USACE NAVIGATION -
O
CHANNEL
w
-20
-20
zH
t
Q
DISTANCE FROM CHANNEL CENTERLINE (FEET)
NOTES: Dare:
3 3120
1. ELEVATIONS ARE IN FEET REFERENCED TO MLLW, NOAA BY:
STATION 8652232.
KC
2. EXISTING GRADE REPRESENTS US ARMY CORPS OF 3300
ENGINEERS MANTEO-SHALLOWBAG BAY DATED: SHEET
FEBRUARY 14, 2020 (RANGES 1-4).

1
-2(
SECTION B-B'
Received
MAAR26 2200O220v
DC M-EC
10
EXISTING.BATHYMETRY .
FEBRUARY 14, 2020
kVD88 EL. +0.20' MLLW
PERMIT DEPTH
- 10.0' MLLW
.
3 3
. . . . . . . .
USACE NAVIGATION "
CHANNEL
-1
DISTANCE FROM CHANNEL CENTERLINE (FEET)
NOTES:
1. ELEVATIONS ARE IN FEET REFERENCED TO MLLW, NOAA
STATION 8652232.
2. EXISTING GRADE REPRESENTS US ARMY CORPS OF
ENGINEERS MANTEO-SHALLOWBAG BAY DATED:
FEBRUARY 14, 2020-(RANGES 1-4).
5
0
-5
-10
-15
-20
r
U
W
0
a
0
z
C�
ui
I z
0J
w0
is
¢u.
wCo=
�m
ZOW
Qzw
5: O
iY
mza
&0
QO
m w
tY
00
J
Q
2
0
w
z
z
2
3
z
W
Zu
z=
Wz
z
N7
Zz
Z
50
6Z
JZ
aLL
w0
a
0
u
f
a
313120
KC

Received
MAR 2 6 2020
DMEC
SECTION C-C'
10
F-
L)
W
O
x
IL
z
0
w ¢
wz
❑ J
10
EXISTING BATHYMETRY
w O
5
. . . FEBRUARY 14, 2020
5
Z ¢
¢U-
~ 0
EL. +0_42' MLLW _ — — — — — — — — — --
++0.20'
0
Z=U
W I.-U
Z
NAVD88 EL. MLLW
p W
w
PERMIT DEPTH _
Q Z J
_ -10.0' MLLW
g W
O
--
—— — — — — — — — — — — — — —
m�a
1L J1
U^O
O -10
3 3
10
Co K
H
Oo
��
J -15
11r�1 . . . . . . . . .
-15
4
LLI
USACE NAVIGATION
_
CHANNEL
W
-20...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
-20
w
z
¢
-250 -200 10 0 180 200 250
DISTANCE FROM CHANNEL CENTERLINE (FEET)
NOTES: PB
0
1. ELEVATIONS ARE IN FEET REFERENCED TO MLLW, NOAA STATION 8652232.
2. EXISTING GRADE REPRESENTS US ARMY CORPS OF
ENGINEERS MANTEO-SHALLOWBAG BAY DATED: 33DD
sF E
FEBRUARY 14, 2020 (RANGES 1�). 9
e

Deceived
MAR 2 6 2020
®CM -EC
SECTION D-D'
U
01
n
O
IY
a
O
z
5
5
Lu
xz
O J
0
... .......
0
u0
W
EXISTING BATHYMETRY PERMIT DEPTH -
Q U .
LL
_ . _ . JANUARY 24, 2020 _ _ _ .. ._ -10.0' MLLW _ _ _ _ _
-5
Z m U
-5
F- U
ZOW
-10
1L.-.J1 ............
10
� u.
z
3 3
mz0-
O
Q -15
f� �7
t0�
15
60
Q v
W
USACE NAVIGATION
m K
W
CHANNEL
30 ¢
_ _
-20
. . . .
-20
x
N
O
-250 -200 -100 100 2 0 250
w
z
DISTANCE FROM CHANNEL CENTERLINE (FEET)
Q
i
NOTES: UA't.
3/3120
1. ELEVATIONS ARE IN FEET REFERENCED TO MLLW, NOAA BY
STATION 8652232. KC
2. EXISTING GRADE REPRESENTS US ARMY CORPS OF 3300E
ENGINEERS MANTEO-SHALLOWBAG BAY DATED: SHEET
JANUARY 24, 2020 (RANGE 5). 10

Received:
MAR 2 6 2020
®CM -EC
SECTION E-E'
W
O
K
a
m
z
10
10
Lu ¢
IX
a
5
_ _ - _ _ _ _ EXISTING BATHYMETRY _ _
5
U a'
zQ
QV.
EL. +0_42' MLLW _ -
W F LLI
j 0
AVD88 EL. +0.20' MLLW - - - - - - - - - -
0
Z 0 W
O
LL
PERMIT DEPTH
J
Z
_ -=-10.0' MLLW _
u.
J 5
__ --------
5
QzIL
1L _ J+
60
O -10
3 3. ... -
-10
m w
IF�—�I
K
0 0
-J 15
W
. . . . . - '"
ELIZABETH II DREDGE
-15
J
_
AREA
y
20
..... ......-
20
w
F
z
Q
f
-250 -200 -100 0 100 200 250
DISTANCE FROM CHANNEL CENTERLINE (FEET)
NOTES: DATE:
3f3120
1. ELEVATIONS ARE IN FEET REFERENCED TO MLLW, NOAA BY
STATION 8652232. KC
COMM N(
2. EXISTING GRADE REPRESENTS US ARMY CORPS OF
330031
ENGINEERS MANTEO-SHALLOWBAG BAY DATED: SHEET:
FEBRUARY 14, 2020 (RANGES 1-4). 11

w
N
z_
W
J
Q
1
U_
=
I�
Z
Z� Z
2
�U o>
oOZH OZ_
N O¢ M Z m
W z Ej m W m
= Q Oo Q W rn
¢d mZ W
w ,
K 00�0=F
0, wmwQ
F z Z W LL D
o -�O Q
ia� 2��
<,~<- �
O Q Q Q W
W H , 0 0 >
aaQZZZ
LL z Z Q 0 a
Wafoxa�
H O d W W W
Q 0<�J�
O O O Q w<
u
W
a
z
z
c7
0:z
Qua
zQ
Zz0
4 Z LL
a�0
m Z :%
LU
t7 VF
3Q2
LU
Q W
to Q
O
z
a
31320
KC
': N lh
12

r.
r�.
H y _
Y
Lz
L._.
Yell
} O
Zof
e „
�f Wz
f oQ wo
a• ? (A < O CJ
W
',. a a Ir
& r� it cn
d �
a
f
f
ty
j
�.. Yti I[l� •r3
R �
,•MF
hx
\i J �n��
"'1 i•}�'y�'i�j.".
may`%.i.j
s iJJ' f o IL z
~sr W
•• y� N L)
a
o
Y y
EYB 7m
F
W
0
`yVk'
V
Q
,oam
LU Z
+�
<UQ
Ill Q
r
ZOO
x
.; -
t]
mmz
U5
c�oa
mW7
000)
y
9 '.Y
,}
J 0
Q 0
S
;
W
a
Y
W O
r tir t'
f
z
Q
f
z
a
O z=
z L-
OO m
z z t 7
Y O p9p n to
0 a_ Z iu
OOw Uz a►
=Q 2'Q LL C� 1tu1��0 q
Ozwi
t OG��] a °z
F T W W O 2
=w .0Z8 s
It K 2 U DATE:
�DQ� �P- W
W F NN0 BY''�20
zz
' Q ZQOZ
KC
pO wow
; COMM
IL NO.:
W D 00 Q W Q 3300334E
OSHEET: o t`i Z 13

MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT
Appendix D: Sediment Analysis Report
Received
MAP 1 1 2020
D C IVI'E C
20
APTIM Coastal Planning & Engineering of North Carolina. Inc.

SEDIMENT ANALYSIS REPORT OF DREDGE MATERIAL FOR
MANTEO (SHALLOWBAG) BAY MAINTENANCE DREDGING PROJECT
DARE COUNTY, NORTH CAROLINA
Received
MAR 117.020
®CM -EC
SUBMITTED TO:
DARE COUNTY
SUBMITTED BY:
APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.
APTIM
December, 2019
Aptim Coastal Planning & Engineering of North Carolina, Inc.

Executive Summary
In 2019, Aptim Coastal Planning & Engineering of North Carolina, Inc. (APTIM) was authorized
to provide project management, environmental, geotechnical, engineering and bidding assistance
services to the County of Dare (OWNER) to facilitate a one-time maintenance dredging event
within Ranges 1-4 of the federally authorized Manteo (Shallowbag) Bay navigation project.
In July of 2019 APTIM utilized CATLIN Engineers and Scientists to collect five vibracore
samples within or in proximity to the proposed dredging footprint in Shallowbag Bay. APTIM
staff were present during the time samples were collected. Vibracores retrieved undisturbed
sediment samples to a target depth of at least -14 ft. MLLW. The length of the actual cores
depended on water depth. The final depth of recovery varied based on sea conditions at the time
of sampling.
APTIM geologists logged the vibracores by describing sedimentary properties by layer in terms
of layer thickness, color, texture (grain size), composition and presence of clay, silt, gravel, or
shells and other identifying features. Four sedimenttypes were observed within the five vibracores:
silty sand (SM), well graded sand (SW), clay (CL), and clayey silt (ML-CL). The predominant
sediment type that occurred within three of the five vibracores was a layer of black clay (munsell
color value 5Y-2.5/1) ranging in depth between -7.2 ft NAVD88 to -16.6 ft NAVD88. Based the
analysis of the sedimentary layers within the five vibracores it appears that sediments within the
authorized channel corridor transition from a SM, sand and clayey silt to clay from Northeast to
Southwest into Shallowbag Bay towards the Manteo Waterfront.
Received
MAR 112020
DCM-EC
APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.

SEDIMENT ANALYSIS REPORT OF DREDGE MATERIAL FOR
MANTEO (SHALLOWBAG) BAY MAINTENANCE DREDGING PROJECT
DARE COUNTY, NORTH CAROLINA
Table of Contents
Introduction......................................................................................................
I
DataCollection..........................................................................................................................2
VibracoreSampling.................................................................................................................2
DataQuality............................................................................................................................6
Results..........................................................................................................6
Dredge Material Sediment Analysis........................................................................................6
Summary.............................................................................................................................
7
LiteratureCited........................................................................................................................7
List of Figures
Figure 1. Location Map Showing Navigation Channel to Manteo Harbor within Shallowbag Bay........... I
Figure 2. Vibracore collection in Shallowbag Bay aboard CATLIN vessel...............................................2
Figure 3. Map depicting 2019 APTIM Vibracore Locations in Shallowbag Bay.......................................4
List of Tables
Table I. Sieve Sizes Used for Grain Size Analysis.................................................................................. 5
Table 2. Summary of APTIM July 2019 Shallowbag Bay Vibracore Sediment Samples ........................... 5
Received
MAP 11 2020
D M-EC
ii
APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.

SEDIMENT ANALYSIS REPORT OF DREDGE MATERIAL FOR
MANTEO (SHALLORBAG) BAY MAINTENANCE DREDGING PROJECT
DARE COUNTY, NORTH CAROLINA
List of Appendices
Sub -Appendix 1 Scope of Services (DIGITAL COPY ONLY)
Sub -Appendix 2 2019 CPE-NC Vibracore Logs (DIGITAL COPY ONLY)
Sub -Appendix 3 2019 CPE-NC Vibracore Photographs (DIGITAL COPY ONLY)
Sub -Appendix 4 2019 CPE-NC Vibracore Granularmetric Reports (DIGITAL COPY
ONLY)
Sub -Appendix 5 2019 CPE-NC Vibracore Grain Size Curves/Histograms (DIGITAL
COPY ONLY)
Received
MAR 11 2020
®CM -EC
iii
APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.

INTRODUCTION
The purpose of the proposed project is to conduct a one-time maintenance dredging event within
Ranges 1-4 of the federally authorized Manteo (Shallowbag) Bay navigation channel along with a
connecting channel extending from Range 1 to the edge of the berth of the Elizabeth II docked
along the western side of Festival Park (Figure 1). The authorized depth of the federal channel is
-12 ft. MLLW. In order to characterize the material in the channel, APTIM collected and analyzed
five vibracores throughout the proposed channel in which maintenance dredging will occur.
Atlantic
ocean
iynz0 ®
1
County Dare
_
County M
1`
�• x
eyae NTS
Count' PCCC1A
`
s
810000
e10000—
3 h
3 s �y Jf fiei ra
f( AA�
rI
.,p
. !nJillnJ F:
y
I F•
Notes:
Legend:
1. Coordinates are in feet based on the
Navigation Center Line and Setback
North Carolina State Plane Coordinate
System, North American Datum of
1983 (NAD 83).
2. 2016 background image provided by
NC OneMap.
Figure 1. Location Map Showing Navigation Channel to Manteo Harbor within Shallowbag Bay.
Received
1 MAR 11 2020
APTIM COASTAL PLANNING &ENGINEERING OF NORTH CAROLINA, INC.
DCM-EC

DATA COLLECTION
Vibracore Sampling
In order to obtain sediment samples from within the proposed dredging area, APTIM contracted
with CATLIN Engineers and Scientists to collect vibracores. On July 30, 2019, five vibracores
were collected under the direction of APTIM staff (Sub -Appendix 1). Figure 2 depicts the
vibracore locations. Four of these vibracores (MVC-19-01, MVC-19-03, MVC-19-04, and MVC-
19-05) were collected within the footprint of the federally authorized channel. The remaining core,
MVC-19-02, was collected outside of the authorized channel in order to characterize sediments
located within the current deep -water channel as surveyed by the USACE in August 2019. To
obtain these vibracores, CATLIN Engineers and Scientists used a system consisting of a generator
and mechanical vibracore head connected via cable to a 3-inch lexan tube. The tube was vibrated
to a pre -determined depth below the sediment -water interface or until refusal was experienced.
Vibracore collection targeted the retrieval of undisturbed sediment samples from a depth of at least
-14 ft. MLLW.
Received
MAP 112020
DCM-EC
Figure 2. Vibracore collection in Shallowbag Bay aboard CATLIN vessel.
APTIM geologists logged the vibracores by describing sedimentary properties by layer in terms
of layer thickness, color, texture (grain size), composition and presence of clay, silt, gravel, or
shells and other identifying features. Wet Munsell color was determined in accordance with
American Society for Testing and Materials Standard Materials Designation D2488-09A for
description and identification of soils (visual -manual procedure). The vibracores were digitally
photographed against an 18% gray background. This is the standard reference value against which
all camera light meters are calibrated. An 18% gray background is used to provide a known
reference color. The vibracores were photographed in 2.0 ft. intervals.
APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.

Sediment samples were extracted from the vibracores at irregular intervals based on distinct
stratigraphic layers in the sediment sequence. The sediment samples collected from the vibracores
during the logging process were analyzed to determine color and grain size distribution. During
sieve analysis, any obvious uncharacteristically large fragments (such as whole shell or large shell
fragments) were removed and the description (weight and size) of the material was noted. The
wet, dry and washed Munsell colors were noted. Sieve analyses of the sediment samples were
performed in accordance with the American Society for Testing and Materials (ASTM) Standard
Methods Designation D 6913-17 for particle size analysis of soils. This method covers the
quantitative determination of the distribution of sand size particles. For sediment finer than the
No. 230 sieve (4.0 phi) the ASTM Standard Test Method, Designation D 1140-17 was followed.
Carbonate analysis was not performed on the samples. Table 1 presents sieve sizes used for grain
size analysis, weights retained on each sieve were recorded cumulatively.
Received
PER 112020
DCM-EC
APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.

Sl
-02
k
q v
f .
p+ r�¢ L1k]ili:i3 TibL]J
� .R1�1t1.�1;
MVL-1946
'C
� Mvc 19a
:
,
,.p4
A-"�")naeoE
MVC-1
`4yC '•. RANGE 3
(li'�lil[9�
3�lt9iTFDi11
�ti•
OOQ_IX
- 800000
5
v
g
t. _ N
Notes: Legend:
1. Coordinates are in feet based on the APTIM 2019 Vibracores
North Carolina Stale Plane Coordinate /�� Navigation Center Line
System, North American Datum of d Channel Setbacks
1983 (NAD 83).
2. 2018 Background image provided by
Dare County, NC. 0 0.25 0.5
Figure 3. Map depicting 2019 APTIM Vibracore Locations in Shallolvbag Ba,%.
Received
Mae 1 1 2920
®CM -EC
4
APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.

Table 1. Sieve Sizes Used for Grain Size Analvsis.
Sieve Size
Sieve
Size Sieve Size
Classification
(number)
(phi)
(mm)
3/4"
-4.25
19.00
5/8"
4
16.00
gravel
7/16"
-3.5
11.20
5/16"
-3
8.00
3 1/2"
-2.5
5.60
4
-2.25
4.75
5
-2
4.00
granular
7
-1.5
2.80
10
-1
2.00
14
-0.5
1.40
18
0
1.00
25
0.5
0.71
35
1
0.50
45
1.5
0.36
sand 60
2
0.25
80
2.5
0.18
120
3
0.13
170
3.5
0.09
200
3.75
0.08
230
4
0.06
tine pan -
Grain size data were entered into the gINT® software program, which computes the mean and
median grain size, sorting, and fine (< 0.0625 mm) percentages for each sample using the moment
method (Folk, 1974).
Data from the vibracore samples were used to characterize the material within the proposed
maintenance dredge areas of Manteo (Shallowbag) Bay Navigation Channel. Sediment types
located within the proposed project area consisted of sand, silty sand, clay and silty clay. Sediment
composites were not generated for this study. However, results showing sediment classification
based on percent fines passing through the #230 sieve can be reviewed in Table 2.
Tnhle 2_ Summary of APTiM .1oh, 2019 ShnIImvhaa Rav Vihrnrore Sediment Samnlec
Sample ID
VD
% Passing
#230
Classification
Wet Munsell
Color Value
MVC-19-01 #1.4
30.51
Sil Sand S
5Y-3/2
MVC-19-01 #2.1
E-8.4to
69.42
Clayey Silt
ML-CLMVC-19-02
5Y-2.5/1
#1.2
11.59
Silty Sand S
5Y4/1
MVC-19-02 #2
-8.2 to -10.2
0.95
Sand S
2.5Y-5/6
MVC-19-03 #1
-7.2 to -16.6
95.55
Clay CL
5Y-2.5/1
MVC-19-04 #1
-6.9 to -14.1
98.74
Clay CL
5Y-2.5/1
MVC-19-05 #1 1
-7.3 to -12.5
90.64
Clay CL
5Y-2.5/1
5 Received
APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.
Mae 112020
DCM-EC

Munsell color values for the five 2019 APTIM vibracores noted in the vibracores logs describe the
sediment as being dark gray to black, respectively. The 2019 APTIM vibracore data tables, logs,
granularmetric reports, grain size curves/histograms and photographs are included in Sub -
Appendices 2-5.
Data Quality
Data collection utilized industry standard survey systems and methodologies to collect
geotechnical data. Vibracores were collected at varying distance throughout the targeted area to
capture each portion of the channel. Despite the resolution of the geotechnical data, it is possible
that interpolations between vibracores may result in unexpected material (rock, silty sand, clay,
etc.) within the proposed channel.
RESULTS
Dredge Material Sediment Analysis
Vibracores collected generally contained four predominant types of sediments. The first type of
sediment consisted of sand (SW) that was light olive brown (2.5Y-5/6) in color with 0.95 percent
fines. The second type of sediment consisted of silty sand (SM) that was dark olive gray in color
with 30.51 percent fines. The third type consisted of clayey silt (ML-CL) with pockets of fine to
silty sand, mottled black in color (5Y-2.5/1) with 69.42 percent fines. The fourth type consisted of
clay (CL) was black in color (5Y-2.5/1) with 95.55 percent fines. One layer of organic peat (PT)
was observed in MVC-19-05 between -12.5ft and -12.9ft NAVD. The most prevalent sediment
type was clay that was sampled in three of the vibracores (MVC-19-03, MVC-19-04, and MVC-
19-05), All of the clay samples were black in color and very soft with trace amounts of organics
and shell hash. All clay samples contained greater than 90 percent fines. Sub -Appendices 2 and 3
contain vibracore logs and photographs. The granularmetric reports and grain size
curves/histograms for the samples collected from these vibracores are presented in Sub -
Appendices 4 and 5, respectively.
Based on recent surveys of the channels (August 2019) performed by the USACE, APTIM has
calculated the volume of material within the limits of the authorized channel from Ranges 1-4 at
depths ranging from -9 ft. MLLW to -12 ft. MLLW. The volume estimates do not include the
volume of material to be removed immediately adjacent to the berth where the Elizabeth II is
moored. Table 3 provides a summary of the volume estimates for the channel.
Received
MAR 11 2020
APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DMEC

Table 3 . Estimated volume to be removed between Ranges 14 inside the limits of the authorized
channel.
NAVD Depth (ft)
Volume Cu. Yd.
-9.0
60,591
-10.0
97,644
-11.0
136,873
-12.0
178,065
Ju�T�iu EVI 1
An evaluation of vibracore data collected in 2019 show the sediment in the proposed channel
maintenance area is predominantly clay found in three vibracores collected inside Ranges 1-3 near
the Manteo waterfront and in the Southwest portion of Range 4 within Shallowbag Bay. Sand,
silty sand, and clayey silt were observed in two vibracores along the Northeast portion of Range 4
at the mouth of Shallowbag Bay at the intersection of the Roanoke Sound.
Analyses of the samples collected from the APTIM 2019 vibracores indicate that sediments within
the Shallowbag Bay authorized channel to Manteo become finer moving from the Northeast
section of Range 4 to Southwest and into Ranges 1-3 along the Manteo waterfront and Roanoke
Island Festival Park.
LITERATURE CITED
Folk, R.L., 1974. The Petrology of Sedimentary Rocks. Austin, Texas: Hemphill, 182p.
Received
MAR 11 2020
D l EC
APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.

MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT
Appendix E: Affected Environment
Received
MAR 1 1 2020
DMEC
21
AP77M Coastal Planning & Engineering of North Carolina. Inc.

AManteo (Shallowbag) Bay Maintenance Dredging Project
APTIM
Appendix E: Affected Environment
1.0 Background
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 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
extendingl2.6 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 1-5 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.
Received
MAR 112020
®CM -EC

AManteo (Shallowbag) Bay Maintenance Dredging Project
APTIM
Recent bathymetric surveys in the channels proximate to Manteo were conducted by the USACE
on 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 16' century sailing ship with an 8-foot draft, from navigating into
Roanoke Sound from its home berth at Festival Park. Without the ability to sail to Manns
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 Manns Harbor, it requires water depths greater than 8 feet.
2.0 Purpose and Need
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 II 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.
3.0 Proposed Action
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 1
includes the basin between the town docks at Manteo Festival Park just south of Doughs Creek
and a channel that extends through Shallowbag Bay into 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 1 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 -12') as will the channel connecting Range 1 to the berth of the
Elizabeth II. Based on the January and February 2020 bathymetric surveys, approximately
90,000 cy of material could be dredged out of Ranges 1-5 at a depth to -10' MLLW. It is
anticipated that approximately 1,500 additional cubic yards of material would be excavated from
within the connector channel between Range 1 and the berth of the Elizabeth II. Dredging
activities will be restricted by the general dredging moratoria and will not commence between
April 1 and September 30.
Received
MAR 112020
DCM-EC

Manteo (Shallowbag) Bay Maintenance Dredging Project
-
i
D
t-
J.
�i
Y—:
mme»p..Y.�Yp.yprepa _. q..bd.l�m,Ynmlc�
f Ben�'mnex P'wp<hneuYLE {p�P✓f%�Yp�Ypa
YAtlGIWwIYonYe
IYnvaib�X°0.NrNlKlip Yen �d(1
P�LLwi �anreblre .ee' FMeM�PeMtrJ ptlplNm
IpYapi McF{a[R
0 GW 9WeH
'AAPTIM m _.,_
Figure 1. Dredging footprint and spoil offloading area for the proposed Shallowbag Bay dredge maintenance
project.
The dredge spoils will be transferred from a barge to an offloading barge landing site located
along the eastern shoreline of Shallowbag Bay (see Appendix A). 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 -5' MLLW within a defined dredging corridor. 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 2, 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
3
MAR 1 1 2020
DCM-EC

A® Manteo (Shollowbag) Bay Maintenance Dredging Project
APTIM
Figure 2. Dredge spoil stockpile site at Dare County Regional Airport
Received
MAR 11 2020
DCM-EC

AManteo (Shallowbag) Bay Maintenance Dredging Project
APTIM
4.0 Affected Environment
4.1 EFH
The Magnuson -Stevens Fishery Conservation and Management Act (MSFCMA) of 1976,
amended on October 1996 and also referred to as the Sustainable Fisheries Act, was enacted by
the U.S. Congress to protect marine fish stocks and their habitat, prevent overfishing while
achieving optimal yield and minimize bycatch to the extent practicable. Congress defined Essential
Fish Habitat as "those waters and substrate necessary to fish for spawning, breeding, feeding or
growth to maturity". The MSFCMA requires that EFH be identified for all fish species federally
managed by the Fishery Management Councils (FMC) and the National Marine Fisheries Service
(NMFS).
Eight FMC were established under the MSFCMA to manage living marine resources within federal
waters and are required to describe and identify EFH designations in their respective regions. Each
of these councils is responsible for developing Fishery Management Plans (FMP) to achieve
specified management goals for fisheries. The FMP includes data, guidelines for harvest, analyses
and management measures for a fishery. Each FMP must describe the affected fishery, analyze the
condition of the fishery, and describe and identify relevant EFH.
In close coordination, both the South Atlantic Fisheries Management Council (SAFMC) and the
Mid -Atlantic Fisheries Management Council (MAFMC) manage marine fisheries in the federal
waters off the North Carolina coast. Federal water limits off the North Carolina coast extend from
3 nautical miles to 200 nautical miles. In addition, the Atlantic States Marine Fisheries
Commission (ASMFC) manages fisheries in the state waters of all 15 Atlantic coast states from
Maine to Florida. The ASMFC manages fish stocks within the state waters of North Carolina from
the coastline to three nautical miles offshore.
The SAFMC is responsible for the conservation and management of fish stocks within the federal
200-mile limit of the Atlantic off the coasts of North Carolina, South Carolina, Georgia and east
Florida to Key West. The seven states that comprise the MAFMC are New York, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia and North Carolina (North Carolina is also on the
South Atlantic Council). The MAFMC also works with the ASMFC to manage summer flounder,
scup, black sea bass, bluefish and spiny dogfish. The SAFMC broadly defines EFH habitats for all
of its managed fisheries in a generic management plan amendment that contains life stage based
EFH information for each of the federally managed species. The SAFMC currently manages eight
fisheries that include coastal migratory pelagics, coral and live bottom habitat, dolphin and wahoo,
golden crab, shrimp, snapper grouper, spiny lobster and Sargassum. Of these eight fisheries, only
the snapper grouper complex contains species that are considered overfished. Both the recreational
and commercial snapper grouper fisheries are highly regulated and progress continues to be made
as more species are removed from the overfished list each year. The other fisheries are expected
to continue into the future at productive sustainable levels (SAFMC, 2018).
Received
Malt 1 1 2020
DMEC

AManteo (Shallowbag) Bay Maintenance Dredging Project
APTIM
The MAFMC is responsible for the conservation and management of fish stocks in the federal
waters off the coasts of New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia and
North Carolina. They have prepared multiple FMPs with amendments to identify EFH for each
life stage (eggs, larvae, juvenile and adults) of its managed fisheries (Table 1). The MAFMC
identifies several broad areas designated as EFH in estuarine and marine environments. The six
FMPs developed by the council are the golden tilefish; summer flounder, scup, black sea bass;
dogfish; surf clam and ocean quahog; Atlantic mackerel, squid, and butterfish; and bluefish
(MAFMC, 2019).
Table 1. EFH for managed species within coastal North Carolina. Not all species within a management unit
have EFH desiimated: such species have 'none' within the life staves column.
Management
Agenc
Management Plan
Species group
Common name
Scientific name
EFH life stages
SAFMC
Calico Scallop
Calico scallop
Argopectei+ gibbus
A
SAFMC
Coastal Migratory Pelagics
Cobia
Rachycentron canaduni
E L P J A
SAFMC
Dol hin
King mackerel
Co haena hi urns
Scomberonionis cavalla
L P J A
JA
SAFMC
SAFMC
Spanish mackerel
Scon+beromonis n+aculana
L J A
SAFMC
Coral & Coral Reef
Corals
100s of species
Florida only
SAFMC
Golden Crab
Golden crab
Chaceon fenneri
A
SAFMC
Red Rum
Red drum
Sciaeno s ocellatus
E L A
SAFMC
Shrimp
Brown shrim
Far ante enaeus azlenis
E L A
SAFMC
Pink shrimp
Far ante enaeas duoranim
E L A
SAFMC
Rock shrimp
Sicyonia brevirostris
A
SAFMC
Royal red shrimp
Pleotic+u robusnis
A
SAFMC
White slifirrip
Lilo enaetts sell ems
E L A
SAFMC
Snapper Grouper
Blackfin snaDoer
Ltnianus buccanella
LA
SAFMC
Blueline tilefish
Cauloladlus ndcro s
E A
SAFMC
Golden tilefish
Lo l+olalilus chan+aeleontice s
A
SAFMC
Gray snapper
Lulianusiseus
L A
SAFMC
Greater amber ack
Seriola dmnerili
J A
SAFMC
Jewfish
E ine hems ita'ara
Florida only
SAFMC
Mutton snapper
Lulianta analis
Florida only
SAFMC
Red porgy
Pa is pajmis
E L J A
SAFMC
SAFMC
Red snapperm
Lu 'anus caechanus
L P J A
Scamp
Mrca Phenav
A
SAFMC
Silk snapper
Lu 'anus vivanus
J A
SAFMC
Snowy grouper
E ine helus niveanis
E L A
SAFMC
Speckled bind
E ine ihelus drunitnonXiavi
A
SAFMC
Vermillion snapper
Rl+ombo files aumrubens
J A
SAFMC
Warsaw arouper
E ine helus nigritus
E A
SAFMC
White grunt
Haemulon Phynieri
E L A
SAFMC
Wreckfish
Pol rion americania
SAFMC I
Yellowed a grouper
E ine hehis flavolintbants
E L A
SAFMC
Spiny Lobster
Spiny Lobster
Panulinis argus
LJA
MAFMC
Atlantic Mackerel, Squid,
Butterfish
Atlantic butterfish
Peprihis triacanthus
None
MAFMC
Atlantic mackerel
Scon+ber sconibms
None
MAFMC
Long finned squid
Loli a pealei
None
MAFMC
Short finned squid
II/ex illecebrosus
None
MAFMC
Atlantic Surfclam & Ocean
Gosling
Ocean qualrog
Artica islancbcn
None
MAFMC
Sur" ru
S isida solichssinia
one
MAFMC
Bluefi i
Bluefish
niatonnis saltatri-T
LJA
MAFMC
Sniny Doallis ISpiny
dogfish
S ualusacanddas
JA
MAFMC
Black sea bass
Centro rises striala IELJA
Received
MAR 112020
DCM-EC

A.
APTIM
Manteo (Shollowbog) Bay Maintenance Dredging Project
MAFMC
Summer flounder
Paralichth s dentahrs
L JA
NMFS
Migratory
High ry Species
Blue marlin
dlakaira nigricans
E L J A
NMFS
Lon bill spearfish
Tetra nrnus Pflueeen
JA
NMFS
Sailfish
Istrro horns Platyptenis
E L J A
NMFS
White marlin
Tetra nuns albidus
JA
NMFS
Atlantic angel shark
S uatina dune di
None
NMFS
Atlantic sharonose shark
Rhtzo riarodan terraenovae
J A
NMFS
Basking shark
Cetorhinos maxinnts
None
NMFS
Big nose shark
Carcharhinus altinnrs
J
NMFS
Bi e e sand tiger shark
Odontas is noronhai
None
NMFS
Bi e e six ll shark
Hexanclurs viadrrs
None
NMFS
Bi e e thresher shark
Alo ias sn erciliosus
E L P J S A
NMFS
Blacknose shark
Carcharhinus acronotus
J A
NMFS
Blacktio shark
Carcharhinus linrbatus
JA
NMFS
Blue shark
Prionace glauca
J S A
NMFS
Bonnethead
Sphyrna tiburo
J A
NMFS
Bull shark
Carcharhinus leucas
J
NMFS
Card bean reef shark
Carcharhinasperezi
Research Area
NMFS
Carribean sha nose shark
Rhizo rionodon porosus
None
NMFS
Dusky shark
Carcharhinus obscuria
A
NMFS
Finetooth shark
Carcharhinus i.sodon
E L P J S A
NMFS
Galapagos shark
Carcharhinus galapagensis
None
NMFS
Great hammerhead
Sphyrna ntokarran
JA
Leman shark
Negaprion brevirosMs
JA
NMFS
Lon fin make shark
Iarnts paucity
E L P J S A
NMFS
Narrowtooth shark
Carcharhinus brach nrrus
None
NMFS
Ni ht shark
Carcharhinus st rams
J A
NMFS
Nurse shark
Ginofyinostoma cirratum
J A
NMFS
Oceanic whitetip shark
Carcharhinus lonizinianus
J S A
NMFS
Porbeagle shark
Lanma mars
None
haus
Sand ti er shark
Sandbar shark
Odontas is taunts
NMFS
Carcharhinus phanbeus
JA
NMFS
Scalloped hammerhead
S rhrrna lewini
J A
NMFS
Sha nose seven ill shark
He iranchias verlo
None
NMFS
Shown make shark
Inures oa rincluis
E L P J S A
NMFS
Silky shark
Carcharhinus falciforinis
J
NMFS
Sixgill shark
Hexarehus enseus
None
NMFS
Smalltail shark
Carcharhinus Doromis
None
NMFS
Smooth hamerhead
S /r rna zveaena
None
NMFS
Sinner shark
Carcharhinus breri inna
JA
NMFS
Thresher shark. common
Alo ias vu l inus
None
NMFS
Ti er shark
Galeocerdo curviert
J S A
NMFS
Whale shark
Rhincodon typtis
None
NMFS
White shark
Carcharodon earcharias
J
NMFS
Swordfish
Xiphias idadho,
E L J S A
NMFS
Albacore
71unmrs atahm a
A
NMFS
Atlantic bi e e tuna
Thunnus obelus
J A
NMFS
Atlantic vellowfin tuna
Thunnia albacores
E L J S A
NMFS
Ski jack tuna
Katmnvomts pelands
E L J S A
NMFS
Western Atlantic bluefin tuna
Thunnus ff wnus
E L J S A
1. These Essential Fish Habitat species were computed from Essential Fish Habitat: A Marine Fish Habitat Conservation
Mandate for Federal A encfes. Febmary 1999 (Revised 1 ) ( ppen ices , anAlthough species are usted
m Appendix under ahona arine Fisheries Service management, only 35 of these species have EFH listed in Appendix 8.
. Life stages include: E — Eggs, L = Larvae, P = PoslLarvae, J = Juveniles, S = SubAdults, A =Adults
. Organizations responsible for Fishery Management Plans include: SAFMC (South Atlantic Fishery Management Council);
FMC (Mid -Atlantic Fishery Management Council; NMFS = National Marine Fisheries Service)
Received
MAR 112029
DWEC

A
APTIM
Manteo (Shallowbag) Bay Maintenance Dredging Project
NMFS has also prepared multiple FMPs with amendments to identify EFH within its authority.
Four fisheries (billfish, swordfish, tuna and sharks) are managed under the FMPs of NMFS and
are classified as Highly Migratory Species (HMS). NMFS geographically defines EFH for each
HMS along the Atlantic coast. The defined EFH areas are species -specific and include shallow
coastal waters, offshore waters inside the exclusive economic zone (EEZ), offshore waters outside
the EEZ and inshore waters along the Atlantic coast (NMFS, 2010).
The North Carolina Marine Fisheries Commission (NCMFC) manages commercially and
recreationally significant species of fisheries found in state marine or estuarine environments.
The NCMFC designates Primary Nursery Areas (PNA) that are included as EFH by the SAFMC.
The waters of Shallowbag Bay are a major component of Dare County's estuarine system. This
highly productive biological system provides habitat for estuarine dependent species which must
spend all or some part of their life cycle within the estuarine waters to mature and reproduce.
Shallowbag bay has been designated as a nursery ground for many sport and commercial fish
species found in North Carolina's waters due primarily to the intermixing of freshwater and
brackish water in the bay (Wild-Ramsing, 1983).
4.1.2 Habitats Designated as EFH
Aside from the life -stage based EFH defined for managed fish species, the SAFMC and MAFMC
have designated eight habitats as EFH, listed in Table 2. Of those habitats listed, only estuarine
water column, seagrass, and oyster reef and shell banks are found in proximity of the project area.
Brief descriptions and effects determinations for all EFH categories near the proposed Project
Areas are continued below.
Table 2. Estuarine Essential Fish Habitat identified in FMP Amendments of the South Atlantic
and Mid -Atlantic FMC's (NMFS. 2010a).
SAFMC
MAFMC
Estuarine Areas
Estuarine Areas
Estuarine Emergent Wetlands
Seagrass
Estuarine Scrub/Shrub Mangroves
Creeks
Oyster Reefs and Shell Banks
Mud Bottom
Intertidal Flats
Estuarine Water Column
Palustrine Emergent and Forested Wetlands
Aquatic Beds
Estuarine Water Column
Estuarine Water Column
The SAFMC and MAFMC designate estuarine and marine water columns as EFH. The SAFMC
defines the estuarine water column as the medium of transport for nutrients and migrating
organisms between river systems and the open ocean (SAFMC, 1998). The estuarine ter column
8 Keceived
MAR 112029
DCM-EC

As Manteo (Shallowbag) Bay Maintenance Dredging Project
APTIM
is organized into salinity categories ranging from 0 ppt to > 30 ppt according to the method of
classification utilized. The entirety of the aquatic portion of the project area considered estuarine
water column EFH. The North Carolina Division of Water Quality (NCDWQ) classifies the
Shallowbag Bay and Roanoke Sound as SC (tidal saltwater).
During dredging, the estuarine water column may experience a temporary elevation of turbidity
levels in proximity to the dredge. When sediment re -suspension occurs, larger particles will likely
settle out; however, the finer sediments will remain suspended for longer periods in turbulent water
(Adriaanse and Coosen, 1991). Suspended particles may interfere with the biological functions of
some organisms such as feeding, respiration, reproduction and potentially cause predator
avoidance. High turbidity and silt loads can have detrimental impacts to filter feeding organisms
associated with nearshore benthic communities including amphipods, isopods, decapods,
polychaetes, mollusks and others. The conditions of diminished light penetration within the water
column can detrimentally affect the photosynthetic activity of phytoplankton, the primary
producers of energy production. The re -suspended material in proximity to the dredge is expected
to settle relatively rapidly due to the typical relatively calm conditions within Shallowbag Bay.
Compared to marine environments, these relatively calm conditions will allow for rapid settling of
suspended particles and, therefore, the dredging activity should have no appreciable effects on the
dissolved oxygen, pH or temperature. Accordingly, it is anticipated the proposed project will have
only minor temporary impacts to the estuarine water column within the proposed dredging
locations.
Seagrass
Seagrass, or submerged aquatic vegetation (SAV), is generally defined as submerged lands that
are vegetated with one or more species of submerged aquatic vegetation, or have been vegetated
by one or more species of submerged aquatic vegetation within the past 10 annual growing seasons.
The average physical requirements of water depth (six feet or less), average light availability
(secchi depth of one foot or more) and limited wave exposure that characterize the environment
suitable for growth of SAV are also required to meet the general definition. (NC Marine Fisheries
Commission (NCMFC) (15A North Carolina Administrative Code (NCAC) 03I.0101(4)(i)). In
North Carolina, the most common species of SAV is eelgrass (Zostera marina), shoalgrass
(Halodule wrightii) and widgeon grass (Ruppia maritime). These vegetation beds occur in both
subtidal and intertidal zones and may occur in isolated patches or cover extensive areas (Deaton,
2010). SAV is designated EFH for the snapper/grouper complex, red drum and penaeid shrimp by
the SAFMC (NMFS, 2010). Blue crabs, which are managed by the NCDMF, also utilize seagrass
habitat during various life stages. In terms of their value as EFH, seagrass bed ecosystems are
utilized by larval and juvenile fishes for foraging, spawning and escape from predation.
Commercial and sport fishes in their larval and juvenile stages, such as gag grouper (Mycteroperca
microlepsis), gray snapper (Lutjanus griseus), bluefish (Pomatomus saltatrix), flounder species
(Paralichthys sp.), fish of the Clupeidae family and others are found in seagrass beds in the early
spring and summer (ASMFC, 2016). Bay scallops (Argopecten irradians concentricus) are also
typically found in SAV habitat. Because of its use for foraging, spawning and shelter, SAV is
9 Received
Nee 1 1 2020
DCM-EC

AMan teo (Shallowbag) Bay Maintenance Dredging Project
APTIM
designated as HAPC. The red drum (Sciaenops ocellatus) is one species that SAV serves as a
HAPC.
The Carolinas are in a transitional area that represents the southernmost extension for some cold -
adapted species and the northernmost extension of warm -adapted species. In North Carolina, the
dominant seagrass, eelgrass (Zostera marina), grows at the southernmost extent of its range, while
shoal grass (Halodule wrightii) is at its northernmost extent.
SAV is an important indicator of environmental health because of its sensitivity to aquatic
stressors. Factors affecting SAV distribution include the hydrodynamic characteristics of water
velocity, depth, waves and the water's ability to transport sediments. Boating operations cause
direct impacts to SAV as a result of increased wave action, propeller damages, and by reduced
light due to the suspending of bottom sediments and manmade overhangs and structures (i.e.
piers). Indirectly, the construction and maintenance of channels by dredging may suspend
sediments leading to decreased light transmissivity and burial of the vegetation. Consequently,
the mapping of SAV allows for their avoidance during the planning and design of new vessel
channels and marine basins. Environmental scientists from Quible & Associates conducted a
SAV survey in and around the areas of Shallowbag Bay and the Roanoke Sound in 2004 (Quible,
2005). On October 20, 2004, a total of thirteen random sampling locations were chosen within
areas in proximity to Shallowbag Bay. In addition, three raking stations were chosen in shallow
water areas. At each sampling location, latitude and longitude coordinates were recorded along
with depth to bottom measurements, which were obtained with a PVC measuring rod calibrated
in feet. Substrate samples were collected using a petite PONARTM substrate grab sampling
device. The majority of the samples collected consisted of black organic rich muds. Raking was
conducted in shallow areas (less than 6 feet). Raking was not deemed necessary in deeper areas
where sunlight does not penetrate to the substrate. No SAVs or evidence of SAVs were observed
in any of the 13 samples collected or in any of the raked areas. In addition, during the 31 plus
shallow water dives performed during an associated vibracore sampling effort (October 28-30,
2004) no SAVs were observed to occur. Based on field observations, Quible determined it is
unlikely that any SAV grows in the types of substrates noted or at the depths within the areas
investigated (Quible, 2005).
In addition to the investigation of SAV occurrences conducted by Quible, as described above, SAV
occurrences within coastal areas in North Carolina have been delineated by NWS using visual
interpretation of SAV areas using high resolution aerial photography. The most recent visual
interpretation for the area surrounding Shallowbag Bay was conducted using 2006-2008 aerial
imagery. Figure 3 depicts the extent of the SAV occurrences to the north of the footprint of the
proposed channel maintenance project.
Received
10 MAP 112020
DCM-EC

Figure 3. SAV beds in proximity to Shallowbag Bay.
Received
MAR 2 6 2020
DCM-EC

AManteo (Shollowbog) Bay Maintenance Dredging Project
APTIM
vegetated or non -vegetated substrate and presence or absence of shell. Figure 4 depicts the
distribution of the various habitats within the project area that contain shellfish resources based on
data from the NCDMF Shellfish Mapping Program. The blue polygons in proximity to the
federally authorized dredging footprint is designated as "subtidal firm unvegetated shell' habitat.
No other shellfish habitat has been identified within the project area.
Because the known shellfish resources lie outside of the proposed dredging footprint, no direct
impacts are anticipated. The temporary increase in turbidity and sedimentation could impact
oyster reefs, however, the dredging activity will be limited by the environmental dredge window
(April 1 through September 30). Therefore, dredging will not occur during while oysters and
shellfish are most biologically active. As such, these resources are not anticipated to be directly
or indirectly impacted by this proposed project.
x.
fi
v
i
1AI6 WtWwCmPfwovatl
Y r-�ii�.s-�m.a sa
Z FIMums »N�MIILOnAW
I puamb'n+twcE
^ fmwnlpev»mi3i
Il
11NniWi04YaNwnFN
NNYala.�b�s
LNYMkt019MN11Rl(MNMm
1'�.elMwblle
IfR]WITp Epf.
F7 MUROGi�etl Wq.
-
� �.o aiswti`eFw
o uo eao I
Fee
A
> APTIM —:eA
Figure 4. Shellfish resources in proximity to the project area.
Estuarine Emergent Wetlands
The SAFMC defines estuarine emergent wetlands as tidal wetlands in low -wave energy
environments, where the salinity is greater than 0.5 parts per thousand (ppt) and total vegetation
cover is greater than 80 percent (SAFMC, 1998). Salt and brackish marshes are types of wetlands
occurring in shallow water lagoons located behind sand barrier islands in North Carolina.
Estuarine marsh sediments are usually muddy with high organic matter content. Some of the most
productive and valuable wetlands are coastal marshes (SAFMC, 1998). These tidal wetlands are
12 Received
mae 112020
DCM-EC

Monteo (Shallowbag) Bay Maintenance Dredging Project
APTIM
F S
+jj k
•S..'�
',k.
r
NN.c J,9gp11:
miemswa.e •:.+wraa.�-c�..6n..,, m:q AiMwp.Nµ�uWC WB.t.lbn
is'�nvoeman�e.n,a bNLocu NGunw Ltinrswwa ,:
� ]Ebriie MGi^pwhG. VS E d MSYO LIUYNhYSn S pcve
vawnuwrm.wao.
;� reams _ .mwu
A
/-, APTIM "--..—
Figure 3. SAV beds in proximity to Shallowbag Bay.
Because the known SAV areas lie outside of the proposed dredging footprint within Ranges 1-5,
the connector channel into the berth for the Elizabeth H, or in proximity to the offloading site for
dredged material, no direct impacts are anticipated. The temporary increase in turbidity could
reduce light penetration and therefore impact SAV growth, however, the dredging activity will be
limited by the environmental dredge window (April 1 through September 30). Therefore, dredging
will not occur during the active SAV growing season. As such, SAV resources are not anticipated
to be directly impacted by this proposed project.
Oyster Reefs and Shell Banks
The SAFMC defines this habitat as the natural structures found between (intertidal) and beneath
(subtidal) tide lines that are composed of oyster shell, live oysters and other organisms that are
discrete, contiguous and clearly distinguishable from scattered oysters in marshes and mudflats
and from wave -formed shell windows (SAFMC, 1998). Common terms used to describe shell
bottom habitats in North Carolina are "oyster beds," "oyster rocks," "oyster reefs," ``oyster bars,"
and "shell hash." Shell hash is a mixture of sand or mud with gravel and/or unconsolidated broken
shell (clam, oyster, scallop and/or other shellfish). Extensive intertidal oyster rocks occur in North
Carolina's southern estuaries, where the lunar tidal ranges are higher. The SAFMC has designated
oyster reefs as EFH for red drum (NMFS, 2010). The North Carolina Division of Marine Fisheries
differentiates potential shellfish habitat by strata types. Designated strata types are classified based
on characteristics of the habitat including subtidal or intertidal setting; soft, firm or hard s ate- .
11 uMved
N"0 1 12020
DMED

f
t �b
a H
i
d
We Legend:
t—xlBNtlaw�bbwrrr wm�am � swx,iiem xorwpewm snm � u���mo�w+eT�acmm
mn
1. BY�iC MY se Pmtlm qNC deYp Lmwnlimxvyi01e1
FYr�YIlwON4f q�e IIS�CE
yArigbn p'sYN ab ua n Fm1
�MYwuEblYlMbGleniwl 5el0aA
IOMfLW Y\Yr1YLLmlelYtwbW O
Ip93LYl liYrywn. ur�c�uw�y..
rme.nn r..a.euna.w
Figure 4. Shellfish resources in proximity to the project area.
r'J FxaiD
APTIM
Receives
py
MIARR 26 20200
DCM-EC

AManteo (Shallowbag) Bay Maintenance Dredging Project
APTIM
dominated by perennial erect, rooted, herbaceous hydrophytes (excluding mosses and lichens).
Species such as salt marsh cordgrasses (Spartina alternii fora and S. patens), glasswort (Salicornia
sp.), salt grass (Distichlis spicata) needlerush (Juncus roemerianus), and sea lavender (Limonium
carolinanum) are commonly found within these wetlands. These habitats are important for fish
and invertebrate spawning and juvenile development (Street et al., 2005).
Coastal marsh environments are located in the areas surrounding Shallowbag Bay (Figure 5).
The dredging footprint or barge landing area do not contain any wetland habitat. An erosion and
sediment control plan has been developed for this project and has been submitted to the Division
of Energy, Mineral and Land Resources as part of their permitting application. Elements in the
erosion and sediment control plan will limit potential impacts to the wetlands in proximity to the
dredge disposal site at the Dare County Regional Airport.
�)..
..
t-
1 N�BEw.ne:
1,p0194nywtl M,tlygTpN Mnn (FeErvv,]Y1BI
MCNNeINCOCYI
���"i^'"I NwNm fla+,elsemtb
elumomnrypv
-
EI.,®a�.eeao o�o-emmawxcoCu w�cn+mN tl.u•
ryM V54CE
na.aws.Naeun,W �
P5mCSAaeN iN � EbuN��IPemuvlP�eMm
NQV RwaIW Npai
_ EiLaMYMSuiL
NNtlN¢m
avuW b t
NfYu 1Nu:»�wQRm Ne
Pna itll
199361 TNIEpvA
SelB�aOIPNNN
o aao eBF� 'x APTIM ••
Figure 5. Wetlands in proximity to the project area.
4.2 Habitat Areas of Particular Concern
Habitat Areas of Particular Concern (HAPC) are subsets of designated EFH and are defined as
rare, particularly susceptible to human -induced degradation, especially ecologically important or
located in an environmentally stressed area The SAFMC and the MAFMC have designated HAPC
areas to focus conservation priorities on specific habitat areas that play a particularly important
13 Received
Mee 112029
DCM-EC

+ �#,`+�L'.:_
r
RK
i 1. MI84xIpo4AFWery pmtlN •lFMayROtYI Wr,b... INCKU)
'; pr rya'ofaaY Nuareeocnx.w sem.am cuwnuan Tyq }jIA
(
J.wevpaw.pe Hcocu LlvYaocwvle ll.w n.m s.asrtM M..n J.E4bw+¢aepaMetl byt 4,Me I15PCE
I IMv�tt�bNOMY Repn',eOM ip FbeElA II FxIMItl IFa,Oe/uea Ep�aIMShWsaW
1 lPvlw'MMa1MLlMi MaMWllu �CaWMY011RMiMCMAW Rrefltl
E,BpJM,Ttle�E,oN «�.�M-.e
! o nao eoF� '�APTIM a �s
Figure 5. Wetlands in proximity to the project area.
Received
MAR 2 6 2020
®CAI -EC

As
APTIM
Man teo (Shallowbog) Bay Maintenance Dredging Project
role in the life cycles of federally managed fish species. HAPC may include high value intertidal
and estuarine habitats, offshore areas of high habitat value or vertical relief and habitats used for
migration, spawning and rearing of fish and shellfish (NMFS, 2004).
Areas identified as HAPC by the NMFS and the FMCs in the South Atlantic and North Carolina
are presented in Table 3 below (NMFS, 2010). There are no designated HAPC identified within
the project area.
Table 3 Geographically defined HAPC identified in the FMP Amendments affecting the South
Atlantic area FS, 2010a .
South Atlantic HAPC
Project Area Habitat
Council -Designated Artificial Reef Special
Management Zones
Not Applicable
Herniatypic Coral Habitat and Reefs
Not Applicable
Hard bottoms
Not Present
Hoyt Hills
Not Applicable
Saz assum Habitat
NotApplicable
State -Designated Areas of hnportance to Managed
Species
Not Applicable
Submerged Aquatic Vegetation
Not Applicable
North Carolina HAPC
Project Area Habitat
Big Rock
Not Applicable
Bogue Sound
Not Applicable
Pamlico Sound at Hatteras/Ocracoke Inlets
Not Applicable
Capes Fear, Lookout & Hatteras (sandy shoals
Not Applicable
New River
Not Applicable
The Ten Fathom Ledge
Not A licable
The Point
Not A licable
4.3 Nursery Areas
NCDMF has designated three categories of nursery areas, Primary, Secondary and Special
Secondary Nursery Areas. Primary Nursery Areas (PNAs) encompass approximately 80,000 acres
throughout North Carolina. PNAs are typically shallow with soft muddy bottoms and surrounded
by marshes and wetlands. They are found in the upper portions of bays and creeks, where the low
salinity and abundance of food is ideal for young fish and shellfish. To protect juveniles, many
commercial fishing activities are prohibited in these waters. Secondary Nursery Areas (SNAs) are
located in the lower portion of bays and creeks. As juvenile fish and shellfish develop, primarily
blue crabs and shrimp, they move into these waters. Trawling is prohibited in SNAs. Special SNAs
are found adjacent to SNAs, but closer to the open waters of sounds and the ocean. These waters
are closed for a majority of the year when juvenile species are abundant (Deaton et al., 2010).
According to NC Division of Marine Fisheries (DMF), the project area includes PNA, Special
Secondary Nursery Areas (SSNA) and Secondary Nursery Areas (SNA). The areas of PNA
include Range 1 and the connector channel between Range 1 and the berth for the Elizabeth II at
14 Received
u t4 112C21
DCM-EC

A` Manteo (Shallowbag) Bay Maintenance Dredging Project
APTIM
Festival Park. The western portion of Shallowbag Bay, also known as "Inner Shallowbag Bay" has
been designated as a permanent SNA which includes the area in proximity to the offloading area
that may be dredged to -5' MLLW should the existing depths preclude navigation for the barge
during construction. The eastern portion of Shallowbag Bay ("Outer Shallowbag Bay") has been
designated as an SSNA (Figure 6).
Figure 6. Primary and secondary nursery areas in proximity to the project area.
Dredging has occurred multiple times within Range 1-5 in the past. The area within Range 1 is
designated as PNA While Ranges 2-4 are considered SSNA and SNA. As stated in Section 1, the
USACE had been responsible for the maintenance dredging within Ranges 1-5 prior to 1981. 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).
Dredging has also previously been performed within the connector channel between Range 1 and
the berth for the Elizabeth II which is designated as PNA. The captain of the Elizabeth H, Robbie
Putnum, has stated that the area was dredged sometime between 1982 and 1984 corresponding to
the time period when the ship was first brought to the site. Captain Putnam also recalled a dredging
15 Received
M14 11 1C27
DMEC

zl CL^�
S.
YE
;U
..1
��
LwanEa
}Y10 q/enEbupaypwlNE
C'vbmlFebuery ]019
NYBB1Y ABii
2 Nueury NU DW sepoilei%NL IXYI
NNnw CAxA5e1MW
,(o Pnaryx.vxnwx.
3FMdwsue RYwb+N�u510E
Q AWYw CHxMlii^Pi
t. himarort 9ea+W>1evxn
Wi1�NIm0YY4vNmnFw1
pFbeEtlillPomllbJ'PNNe Aix '. 5yyi5grpen x,.xry Ma
0 400 800
Ip1YM1VEb M']Mi RWaMJYBii
CasNtlYnpxNxii Unkp
F191
Ipv Ip V.14. M LLVO �bi0.a b tlb
1061bAli F,N.
AAPTIM a
Figure 6. Primary and secondary nursery areas in proximity to the project area.
Received
MAR 2 6 2020
DCM-EC

AA Manteo (Shallowbag) Bay Maintenance Dredging Project
APTIM
event in this area occurring in the late 1990's or early 2000's (R. Putman, 2019, personal
communication). A CAMA Major permit (#83-82), issued on June 15, 1983 issued to the NC
Department of Transportation authorized this dredging work. The same dredging footprint in
proximity to the berth of the Elizabeth II, as depicted in Permit #83-82, is included in this proposed
action.
SSNA and SNA typically have high abundances of post -larval and sub -adult fishes and crustaceans
and while PNA provides habitat for high abundances of larval and post -larval individuals. In an
attempt to minimize project -related impacts to these resources, this project will abide by the April
1 to September 30 fisheries moratorium.
4.4 Significant Natural Heritage Areas
The North Carolina Natural Heritage Program (NCNHP) serves as an information clearinghouse
in support of conservation of the rarest and most outstanding elements of natural diversity in the
State. These elements of natural diversity include plants and animals that are so rare or natural
communities that are so significant that they merit special consideration in land -use decisions.
A total of 34 natural areas are recognized in Dare County. Of these, two are in proximity to
Shallowbag Bay and Manteo including the Fort Raleigh Maritime Forest, the Mother Vineyard
Natural Area, West Roanoke Island Marshes, and the Roanoke Island Juncus Marshes.
Fort Raleigh Maritime Forest
The Fort Raleigh Maritime Forest is a stunted forest of live oaks, maples, and pines that is
unique to the harsh conditions of the North Carolina coast. This site is home to a reconstruction
of the early English settlement that creates a living history through buildings and a maritime
landscape. It also houses the outdoor theater performances of the Lost Colony. This area is
designated as the Fort Raleigh National Historic Site and is managed under the National Park
Service. It is located on the north end of Roanoke Island, outside of Manteo's planning
jurisdiction (Community Development by Design, 2007).
Mother Vineyard Natural Area
Mother Vineyard Natural Area, a SNHA of local significance, is State-owned land managed by
the North Carolina Wildlife Resource Commission. It is located just north of Manteo, outside the
town boundaries. This area is also called the Roanoke Island Festival Park, DNP, although it is
adjacent to, not overlapping with, the historic site of Festival Park and Elizabeth 11(Community
Development by Design, 2007).
Due to the proximity of these locations to the proposed project area, neither of these natural areas
will be impacted by the proposed project.
4.5 Threatened and Endangered Species
Received
16
u�o 112C?7
D M-EC

A® Manteo (Shollowbog) Bay Maintenance Dredging Project
APTIM
The threatened and endangered (T&E) species under consideration were identified through
consultation with the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife
Service (UFWS). Through this consultation, it was determined that the only species that could
be present in the project area based upon their historic geographic range was the shormose
sturgeon, Atlantic sturgeon, and the West Indian Manatee. The actual occurrence of a species in
the project area would depend upon the availability of suitable habitat, the seasonality of
occurrence, migratory habits and other factors.
4.5.1 Shortnose Sturgeon
The shortnose sturgeon (Acipenser brevirostrum) was listed as endangered on March 11, 1967
under the Endangered Species Preservation Act of 1966 (a predecessor to the Endangered
Species Act of 1973). NMFS later assumed jurisdiction for shortnose sturgeon under a 1974
government reorganization plan (38 FR 41370). The shortnose sturgeon is the smallest of the
three sturgeon species that are found in eastern North America, rarely exceeding a length of 4.7
ft and a weight of 50.7 pounds (NMFS, 2019a). Shortnose sturgeons are bottom feeders,
typically feeding on crustaceans, insect larvae, worms, mollusks and some plants (NMFS, 1998).
They appear to feed either in freshwater riverine habitats or near the freshwater/saltwater
interface. This species is anadromous, primarily utilizing riverine and estuarine habitats,
migrating between freshwater and mesohaline river reaches. Spawning occurs in upper,
freshwater areas, typically in January and February while feeding and overwintering activities
may occur in both fresh and saline habitats. Aside from seasonal migrations to estuarine waters,
this species rarely occurs in the marine environment (NMFS, 1998; Keiffer and Kynard, 1993).
Historically, shormose sturgeon were found in the coastal rivers along the East Coast of North
America —from the Saint John River in New Brunswick, Canada, to the St. Johns River in
Florida, and perhaps as far south as the Indian River in Florida. Currently, shortnose sturgeon
can be found in 41 bays and rivers along the East Coast, but their distribution across this range is
broken up, with a large gap of about 250 miles separating the northern and mid -Atlantic
metapopulations from the southern metapopulation. Because of this distance between the
shortnose sturgeon in mid-Atlantic/northern metapopulations and the southern metapopulation,
adults from the two areas may never meet to breed.
In the southern metapopulation, shormose sturgeon are currently found in the Great Pee Dee,
Waccamaw, Edisto, Cooper, Santee, Altamaha, Ogeechee, and Savannah rivers. They may also
be found in the Black, Sampit, Ashley, Roanoke, and Cape Fear rivers, as well as Albemarle
Sound and Pamlico Sound. Shortnose sturgeon used to be considered extinct in the Satilla, St.
Marys, and the St. Johns rivers, but were recently found again in both the Satilla and St. Marys
rivers.
There are accounts of shortnose sturgeons occurring in the Atlantic Ocean offshore of North
Carolina (Holland and Yelverton, 1973; Dadswell et al., 1984), however, these records are not
well substantiated and there is speculation as to whether they were misidentified juvenile
Atlantic sturgeon (Shortnose Sturgeon Status Review Team, 2010). Those shormose sturge
17 `deceived
A" 9 112029
®CM -EC

A® Manteo (Shallowboy) Bay Maintenance Dredging Project
APTIM
captured in the ocean are usually taken close to shore, in low salinity environments; there are no
records of shortnose sturgeon in the NMFS database for the northeast offshore bottom trawl
survey (NMFS, 1998).
The historical presence of sturgeon in Albemarle Sound and tributaries was reviewed by
Armstrong and Hightower (2002). Most historic commercial sturgeon landings records were
from Albemarle Sound, but given that sturgeon species were not differentiated (Moser et al.
1998), it cannot be determined if they were shormose or Atlantic sturgeon. There are no historic
reports of shortnose sturgeon from the open sound. There are only two documented records of
shortnose sturgeon in the Albemarle Sound watershed, both from within tributaries of Albemarle
Sound: 1) a juvenile specimen was collected in 1881 (Vladykov and Greeley, 1963) from
Salmon Creek an adult was collected in 1998 (Armstrong, 1999; Oakley and Hightower, 2007)
from western Batchelor Bay near the mouth of the Roanoke River. No shortnose sturgeon have
been definitively documented in Albemarle Sound or its tributaries since 1998. When Moser et
al. (1998) surveyed commercial fishermen to determine whether they had captured shortnose
sturgeon in NC waters, shortnose sturgeon were reported as occasional captures in pound and gill
nets in Bachelor's Bay at the mouth of the Roanoke River, and in gill nets set in the North River
Due to the paucity of shortnose sturgeon in Shallowbag Bay and the fact that the project is not
located within shortnose sturgeon critical habitat, no impacts to the species is anticipated as a
results of the proposed action.
4.5.2 Atlantic Sturgeon
In 2009, the Natural Resources Defense Council (NRDC) petitioned NMFS to list the Atlantic
sturgeon (Acipenser oxyrinchus) under the Endangered Species Act of 1973 (ESA). As a result of
the petition, four Distinct Population Segments were listed as endangered on February 6, 2012,
including the South Atlantic DPS, the Carolina DPS, the Chesapeake Bay DPS and the New York
Bight DPS. The project area falls within the range of the Carolina DPS. Atlantic sturgeon are
similar in appearance to shortnose sturgeon (Acipenser brevirostrum), but can be distinguished by
their larger size, smaller mouth, different snout shape and scutes (NMFS, 2019b). The Atlantic
sturgeon is a long-lived, estuarine dependent, anadromous fish. They are benthic feeders and
typically forage on invertebrates including crustaceans, worms and mollusks. Atlantic sturgeon
can grow to approximately 14 feet long and can weigh up to 800 pounds (NMFS, 2019b). They
are bluish -black or olive brown dorsally (on their back) with paler sides and a white belly.
Adults range from St. Croix, ME south to the St. Johns River in Florida (NMFS, 2019b). These
fish undergo seasonal migrations to and from freshwater, but spend much of their adult life in the
marine environment for growth (Stein et al., 2004; Atlantic Sturgeon Status Review Team, 2007).
Atlantic sturgeons are found offshore primarily during the fall to spring months of approximately
October to March. However, different life stages will utilize the marine environment during the
summer as well. Although Atlantic sturgeons spawn repeatedly, they do not necessarily spawn
every year (Smith and Clugston, 1997). During non -spawning years, adults may utilize marine
18 Received
Al"' 1 12C29
DCM-EC

A` Manteo (Shallowbag) Bay Maintenance Dredging Project
APTIM
waters year-round (Bain, 1997). Spawning adults migrate upriver in spring, beginning in February
to March in the south, April to May in the mid -Atlantic, and May to June in Canadian waters. In
some areas, a small spawning migration may also occur in the fall. Spawning occurs in flowing
water between the salt front and fall line of large rivers. Atlantic sturgeon spawning intervals range
from one to five years for males and two to five years for females (NMFS, 2019b). Following
spawning, males may remain in the river or lower estuary until the fall while females typically exit
the rivers within 4 to 6 weeks (NMFS, 2019b). Juveniles move downstream and inhabit brackish
waters for a few months and when they reach a size of about 30 to 36 inches, they move into
nearshore coastal waters (Smith, 1985). Tagging data indicates that these immature Atlantic
sturgeons travel widely once they emigrate from their natal (birth) rivers.
Sturgeons are distributed within areas that provide foraging opportunity. The narrow depth ranges
and substrate types preferred by sturgeon correspond with bottom features that likely support
depth -specific concentrations of prey (Stein et al., 2004; Kynard et al., 2000). Analysis of
commercial fishery by -catch data suggests that, along the northeastern U.S., migratory sub -adults
and adults show preference for shallow (33-164 ft) coastal areas dominated by gravel and sand
substrate (Stein et al., 2004). Within the mid -Atlantic Bight (including coastal North Carolina),
sturgeon may prefer even shallower depths (82 ft or less). Coastal features, such as inlets and
mouths of bays, support high concentrations of Atlantic sturgeon presumably due to the physical
and biological features produced by outflow plumes (Stein et al., 2004).
The Atlantic sturgeon was historically abundant within Albemarle Sound and the Roanoke River
in North Carolina, but declined dramatically in the late 1800's in response to intensive fishing.
Recent evidence suggests that the population may be recovering following a statewide
prohibition on harvest in 1991. A recruitment index generally increased from 1992 through 2001
(Armstrong and Hightower, 2002). Bycatch mortality because of commercial gill -netting in
Albemarle Sound could affect recovery. Telemetry and netting data indicate thatjuvenile
Atlantic sturgeon in the sound are most abundant in shallow nearshore areas where commercial
gill -netting is concentrated (Armstrong and Hightower, 2002). The bycatch data for the years of
2004-2006, 2008, and 2013-2016 show that 57 Atlantic sturgeon were caught in the Albemarle
Sound (Hoos et al., 2019). These observations, however, were from the western portion of the
Sound without any observations in proximity to the eastern portion of Albemarle Sound or
Shallowbag Bay.
Encounters with the dredge in or near the dredge site would be most likely to occur in the winter
and spring, after spawning and the migrations to feeding areas in downstream estuarine waters
(NMFS, 1999). These individuals will be larger than 45 cm in length, which is too large to
become entrained by the clamshell bucket dredge. Furthermore, because of their mobility, it is
presumed these individuals would be capable of avoiding and out -maneuvering the slow -moving
dredges, greatly reducing any chances of collision or interaction. For these reasons, it is
determined that the potential impacts to shortnose and Atlantic sturgeon are insignificant and
extremely unlikely, and therefore the project activities may affect, but are not likely to, adversely
affect shormose sturgeon.
19 Received
p,° 11 K20
D M-EC

A
APTIM
4. S. 3 West Indian Manatee
Manteo (Shallowbag) Bay Maintenance Dredging Project
The West Indian manatee is listed as a federally protected species under the Endangered Species
Act of 1973 (ESA) and the Marine Mammal Protection Act of 1972 (MMPA). An adult manatee
is, on average, 10 ft. (3 m) long, weighs approximately 2,200 lbs. and is typically referred to as the
"sea cow." The coloring of the manatee is grayish brown, which contributes to the difficulty in
detecting manatees in silt -laden waters. This mammal can be found in shallow waters (5-20 ft [1.5-
6.1 m]) of varying salinity levels including coastal bays, lagoons, estuaries and inland river
systems. Manatees primarily feed on aquatic vegetation, but can be found feeding on fish,
consuming between four and nine percent of their body weight in a single day (USFWS, 2019).
Sheltered areas such as bays, sounds, coves and canals are important areas for resting, feeding and
reproductive activities (Humphrey, 1992).
The West Indian manatee occupies the coastal, estuarine and some riverine habitats along the
western Atlantic Ocean from Virginia to the Florida Keys, in the Gulf of Mexico, the Caribbean
Islands, Mexico, Central America and northern South America (Garcia -Rodriguez et al., 1998;
USFWS, 2014). The West Indian manatee (Trichechus manatus) includes two subspecies, the
Florida manatee (T. in. latirosals) and the Antillean manatee (T. M. manatus). Within U.S. waters,
the Florida manatee can be found throughout the southeastern U.S., including North Carolina,
while the Antillean manatee is found in Puerto Rico and the Virgin Islands (Lefebvre et aL, 2001).
As the Antillean manatee does not occur within the southeastern U.S., this biological assessment
will only evaluate the Florida manatee population.
Occurrence throughout the southeastern U.S. changes seasonally, as the manatees seek out warmer
water temperatures. During the winter months (October through April), the entire U. S. population
typically moves to the waters surrounding Florida (Humphrey, 1992). The greatest threat and cause
of mortality for manatees is boat collisions. Other dangers to the species include entanglement in
fishing lines, entrapment and entanglement in locks, dams and culverts, loss of warm -water refuge
areas, and exposure to cold. Long-term and cumulative impacts are associated with a loss of
aquatic vegetated habitat and blocking of estuarine and riverine systems (Runge et aL, 2007).
Sightings and stranding data suggest the Florida manatee occurs within inland and coastal waters
of North Carolina, and they have been sighted most frequently from June through October when
water temperatures are warmest (above 710F [22°C]) (USFWS, 2003). Manatees may also
overwinter in North Carolina where the discharge from power plants supports the warm water
temperatures (USFWS, 2009). The USFWS has reported manatee sightings in the last 20 years in
the counties of Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare,
Hyde, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Tyrrell and
Washington. Cummings et al. (2014) documented 99 manatee sightings in North Carolina from
1991 to 2012, with 30 manatee sightings occurring in 2012 (note: the authors speculate that the
large number of sightings in 2012 may be due to increased public awareness). Manatees arrived in
North Carolina in April, and sightings were most common from June to October, when water
20 Received
�1 kn 112020
DMEC

A® Man teo (Shallowbag) Boy Maintenance Dredging Project
APTIM
temperatures were above 20°C (68°F). Sightings declined with water temperature in November,
and manatees appeared to be absent from the region from December through February (Cummings
et al., 2014). Within northeastern North Carolina, sightings increased since 2011, which may be
due to greater awareness and improved survey efforts (Cummings et al., 2014). The greatest
number of manatee sightings occurred within the Intracoastal Waterway, sounds and bays, and
rivers and creeks. Manatees were least commonly sighted in the open ocean and around marinas.
The sightings and strandings reported within North Carolina from 1999 through 2012 show very
few documented occurrences within the large sounds in northern North Carolina, including the
Pamlico Sound. There was one manatee sighting and one stranding documented in the vicinity of
Hatteras Inlet from 1991 through 2012.
One of the major threats to the West Indian manatee in collisions with watercraft, which can result
in serious injury or mortality. Manatees are present seasonally in North Carolina and are most
commonly sighted in the Intercoastal Waterway or sounds and bays. There is also substantial
submerged aquatic vegetation (SAV), a primary food source for manatees, within the Roanoke
Sound and Shallowbag Bay. The number of manatees potentially occurring in the Project Area is
not known with certainty but is presumed to be low with the greatest likelihood of occurrence
during the warmer months, in particular June through October. It is therefore considered possible,
but unlikely, that a manatee may be present in the Shallowbag Bay during the warmer months,
particularly June through October. Because this project will abide by the April I to September 30
fisheries moratorium, manatee and vessel interactions will be significantly minimized.
During construction or dredging, the contractor will adhere to the "Guidelines for Avoiding
Impacts to the West Indian Manatee" (See Appendix F) developed by the USFWS for general
construction activities in waters used by the species. Fulltime NMFS-certified protected species
observers will be present on the barge to alert the dredge operator of any marine mammals,
including manatees, in the area. In the event a manatee is spotted, the barge's captain will make
proper maneuvers to avoid collisions or injury to the marine mammals.
4.6 Water Quality
The waters of Shallowbag Bay and its surrounding waters are classified as SC by the North
Carolina Department of Environmental Quality, Division of Water Resources (DWR) indicating
that the waters are protected for fishing, secondary recreation, and any other usage except
primary recreation or shellfishing for market purposes (Figure 7). Although the State does not
currently maintain any water quality monitoring sites within the project area, the waters within
the project area, including Doughs Creek and Shallowbag Bay, are all closed for the harvesting
of shellfish as per the North Carolina Division of Marine Fisheries (DMF). The primary reason
for the shellfish closure around Shallowbag Bay is to serve as a buffer around the Manteo
Wastewater Treatment Plant (WWTP) discharge which is located approximately 3,400 feet
offshore in Shallowbag Bay. The WWTP has a history of exceeding its permit limits for fecal
coliform, petroleum, and ammonia levels in its effluent. In 2005 and 2006, there were two Notice
21 Received
MAR 112021
DCM-EC

At Manteo (Shallowbag) Bay Maintenance Dredging Project
APTIM
of Violations issued against MWWTP and 9 Permit Enforcement penalties issued against the
plant. Although no water quality data is actively being collected by the State to determine the
current conditions, the shellfish closure will remain unless the discharge is removed (A. Haines,
2019, personal communication).
22 Received
mAQ 1 1 2021
®CM -EC

AMonteo (Shallowbag) Bay Maintenance Dredging Project
APTIM
Figure 7. Shellfish harvesting closures in Shallowbag Bay, Scarboro Creek, Doughs Creek, and surrounding
areas.
Bucket and barge dredging operations such as what is being proposed for this project has the
potential to impact to water quality due to increases of turbidity and the resuspension of
23 Received
MA2 1 1 2020
DCM-EC

A
Manteo (Sholowbog) Bay Maintenance Dredging Project
APTIM
contaminated sediments (Montgomery, 1984). Sediment resuspension characteristics of selected
dredges and operational techniques have been evaluated by Raymond (1983). The bucket dredge
consists of various types of buckets operated from a crane or derrick mounted on a barge or on
land. The resuspension of sediments during bucket dredging is caused primarily by the impact,
penetration, and withdrawal of the bucket from the bottom sediments. Secondary causes are loss
of material from the bucket as it is pulled through the water spillage of turbid water from the top
and through the jaws of the bucket as it breaks the surface, and inadvertent spillage while
dumping. In addition, sediment resuspension may also result from other activities directly
associated with dredging (e.g. spillage, prop wash from tugs and attendant vessels, spuds, dredge
movement, and anchoring systems). Limited field measurements on sediment resuspension
caused by bucket dredges showed that the maximum suspended sediment concentration in the
immediate vicinity of the dredging operation was less than 500 mg/1 and decreased rapidly with
distance from the operation due to settling and mixing effects (Raymond, 1983). The major
source of turbidity in the lower water column is sediment resuspended at the impact point of the
clamshell.
The resuspension of sediments during dredging operations pose a variety of water quality and
ecological concerns. The visible contiguous turbidity plume in the immediate vicinity of the
dredging operation could influence the behavior of fish and other receptors sufficiently mobile to
avoid the plume and potentially impact the health of less mobile aquatic vertebrates and
invertebrates. Resettling of suspended particulates could also impact bottom -dwelling organisms.
When sediment resuspension occurs as a result of dredging activity, larger particles rapidly settle
out; however, the finer sediments will remain suspended for longer periods, or even indefinitely
in turbulent water (Adriaanse and Coosen, 1991). Suspended particles may interfere with the
biological functions of some organisms such as feeding, respiration, reproduction and potentially
cause predator avoidance. High turbidity and silt loads can have detrimental impacts to filter
feeding organisms associated with nearshore benthic communities including amphipods, isopods,
decapods, polychaetes, mollusks and others. The conditions of diminished light penetration can
detrimentally affect the photosynthetic activity of phytoplankton, the primary producers of
energy production.
As stated above, the Manteo Waste Water Treatment Plant discharges it's treated effluent in
Shallowbag Bay and has had a history of regulatory issues. As such, the sediments within
Shallowbag Bay may contain contaminants which, upon disturbance during dredging activities,
may become resuspended in the water column. The particulate -associated contaminants can
repartition, thereby increasing dissolved contaminant concentrations in the water column which
could be detrimental as plants and animals residing in proximity of the project area could uptake
contaminants following disposal operations (Bridges et al., 2008). Investigations by Fulk,
Gruber, and Wullschleger (1975) showed that, for suspended solids concentrations of less than
100 g/l, the amount of pesticides and PCBs that are dissolved or desorbed into the water column
from the resuspended sediment is negligible. They determined that contaminants were basically
transferred to the water column attached to solids. They also reported that the reduction of
24
Received
A'," 1120213
DCM-EC

AManteo (Shallowbag) Bay Maintenance Dredging Project
APTIM
suspended solids concentration due to settling resulted in a decrease in contaminant
concentrations.
Metals, another possible contaminant within the sediments of Shallowbag Bay, are not
necessarily fixed permanently by sediment, but may be recycled when they are resuspended
during dredging operations via biological and chemical agents both within the sedimentary
compartment and the water column. In aquatic systems, heavy metals are accumulated in
sediments that can release from loosely bound fractions during dredging and disposal operations
(Berenjkar et at, 2019). Availability of contaminant in the water column is greatly affected by
the physical characteristics of the suspended sediments including particle size, distribution, total
organic carbon, and mineral composition (Bridges et al., 2008). As described in the Sediment
Analysis Report (Appendix D), the material to be dredged, as determined from recently obtained
vibracores, can be described as four predominant types of sediments. The first type of sediment
consisted of sand (SW) that was light olive brown (2.5Y-5/6) in color with 0.95 percent fines.
The second type of sediment consisted of silty sand (SM) that was dark olive gray in color with
30.51 percent fines. The third type consisted of clayey silt (ML-CL) with pockets of fine to silty
sand, mottled black in color (5Y-2.5/1) with 69.42 percent fines. The fourth type, the most
prevalent type observed, consisted of clay (CL) was black in color (5Y-2.5/1) with 95.55 percent
fines. The solubility, mobility, and bioavailability of sediment -bound metals can be increased
by four major factors: (1) Lowering of pH; (2) changing of redox conditions; (3) formation of
organic complexes; and (4) increasing salinity. While the first two factors are particularly
important for on -land deposition of dredged materials, the effect of salinity is particularly
important for resuspended cadmium -rich sediments in estuaries. Chemical extraction studies,
which were carried out under carefully controlled conditions on both fresh and freeze-dried
samples, indicate that aeration of anoxic sediments (e.g., on -land disposal) may both increase
and decrease the mobility of heavy metals. Transformation from sulfidic or carbonatic
associations to oxidic phases will reduce mobility of manganese, whereas the respective
changes from moderately reducible forms to carbonatic and easily reducible phases will
enhance the reactivity of zinc during oxidation of dredged material (Forstner et al., 1986).
With this information in mind, the potential spread of contaminants during dredging operations
would primarily be associated with the resuspension of sediments, particularly clay -sized and
organic particles, during dredging operations. Unlike cutterhead pipeline dredges or hopper
dredge operations, the clamshell bucket dredge is anticipated to result in a minimal amount of
resuspension of sediments.
It has been demonstrated that elevated suspended solids concentrations are generally limited to
the immediate vicinity of the dredge and dissipate rapidly at the completion of the operation
(Montgomery, 1984). In areas such as Shallowbag Bay and Doughs Creek, where there is
relatively little current, the potential for sediment transport is limited. However, in areas such as
Roanoke Sound where current is stronger, more potential for sediment redistribution and water
column turbidity is likely. Designated channels can limit disturbance to sediments by creating
deeper channels by which boaters can navigate without stirring up sediments. In theory, deep,
well -marked navigation channels reduce the amount of traffic over shallow areas. The potential
25 Received
P ," 1 1 2029
DMEC

A
Manteo (Shallowbag) Bay Maintenance Dredging Project
APTIM
of sediment disturbance is much greater if there are no navigation channels are available for the
public to use. Channels do exist now, however, and many sections of the channels are five feet
deep during times of low water. It is during these times that prop wash could affect the
sediments. Therefore, deepening and marking channels may actually decrease the possibility of
daily turbidity in the water column (Quible & Associates, 2005). In addition, impacts associated
with resuspension and turbidity will be minimized because the dredging activity will be limited
to 30 September through 1 April which corresponds with times of lower biological productivity
within the project area.
4.7 Cultural Resources
Cultural resources, such as archaeological or historic artifacts and structures, exist along portions
of the North Carolina coastline including along Roanoke Island and the submerged bottoms within
Shallowbag Bay. The federal statutes associated with the protection of these important cultural
resources include Section 106 of the National Historic Preservation Act of 1966, as amended (PL
89-665); the National Environmental Policy Act of 1969; the Archaeological Resources Protection
Act of 1987; the Advisory Council on Historic Preservation Procedures for the Protection of
Historic and Cultural Properties (36 CFR Part 800); and the Abandoned Shipwreck Act of 1987.
Roanoke Island has received considerable attention by historians due to the location of an early
settlement by the English (aka the "Lost Colony"). In 1594, English settlers constructed a fort and
a village of dwellings on the north end of Roanoke Island This settlement, the first attempted
English colony in the New World, was periodically inhabited until the late 1580's when it was
found mysteriously abandoned. Today, the only indication of the settlement's existence is the
archeological remains of a small fortification at the site of the Fort Raleigh National Park
(Harrington, 1962). The waters of Shallowbag Bay, meanwhile, were historically extremely
shallow and restricted navigation to small shallow draft vessels and had only a minimal amount of
maritime activity (Wilde-Ramsing et al., 1983). However, in 1870, maritime activities in this area
increased dramatically with the formation of present day Dare County and the selection of Manteo
as the county seat. The town grew around the mouth of Doughs Creek (across from the current
berth of the Elizabeth II) to accommodate both the functions of the county government and the
growing commercial fishing industry (which had accelerated with the advent of refrigeration in
the 1870s (Stick, 1970). During this time period a harbor was constructed at Manteo and a boat
basin was dredged and maintained. In addition, a 6' channel was dredged to provide dependable
access to the main shipping route in Roanoke Sound.
The primary activity associated with this proposed project involves dredging within the footprint
of the previously dredged federal navigation channel. Because the submerged land within the
footprint has been repeatedly disturbed in the past, no impacts to cultural resources associated with
future dredging within this area are anticipated. The proposed activity, however, also includes
dredging outside of the federal navigation channel in an area that will serve to connect the berth
of the Elizabeth II to Range 1 just south of Doughs Creek.
26 Received
v+9 11 2M
DCM-EC

At Manteo (Shallowbag) Bay Maintenance Dredging Project
APTIM
In 1982, the Underwater Archaeology Branch (UAB) of the North Carolina Department of Cultural
Resources (NC DCR) performed a magnetometer reconnaissance survey and diving assessment in
an attempt to identify historically and/or archaeologically significant cultural materials within four
areas in proximity to the proposed project. These areas include the bridge crossing spanning
Doughs Creek from Manteo to Festival Park, the canal access channel in Doughs Creek, the
berthing basin for the Elizabeth II and channel in Doughs Creek, and the canal access channel in
Shallowbag Bay (Wilde-Ramsing et al., 1983). Initially, a systematic survey of these areas were
performed using a proton procession magnetometer to isolate magnetic disturbances that could be
generated by cultural material. Following the magnetometer survey, a diving and probing search
was conducted on isoloated magnetic targets to determine the source. The findings of the survey
supported the UAB's preliminary predication based on current Environmental Review Procedures
that no cultural evidence would be encountered from a period of history prior to the development
of Manteo in 1870. With the exception of the remains of a sunken vessel located to the south of
the Elizabeth II's birth (Underwater Site #OOOIROS), all magnetic disturbances identified during
the survey were attributed to cultural debris of recent origin (20a' Century) and were determined
historically and archaeologically insignificant (Wilde-Ramsing et al, 1983). The sunken vessel,
recovered in the 1980's, was determined to be 24' shad boat fastened with iron nails and propelled
by an internal combustion engine that showed signs of extensive burning. The vessel was
recovered in the 1980's. According to the NCDCR the entire area that may warrant dredging in
proximity to the Elizabeth U's berth was cleared for cultural resources concerns (N. Henry, 2019
personal communication). Therefore, the dredging within the footprint of the proposed new
channel connecting the berth of the Elizabeth 11 to Range 1 will not impact any cultural resources.
Another underwater investigation of magnetic anomalies within the project area was performed
in 2007 by the Institute for International Maritime Research, Inc. The results of this shallow
water survey and anomaly identification at Roanoke Island provided little new insight into the
nature of material generating magnetic anomalies in both Roanoke Sound and Shallowbag Bay
primarily due to challenging weather conditions that hampered the effort. Several anomalies
were identified, however, they were identified as insignificant materials (Watts, 2008). The
report, however, include a figure that depicted a large number of anomalies that were previously
identified in an earlier magnetometer survey which have not been investigated further (Watts,
personal comm. 2019) (Figure 8).
Received
27
uo112M
DMEC

Alk Manteo (Shallowbag) Bay Maintenance Dredging Project
APTIM
Figure 8. Anomalies identified during the 2006 Shallowbag Bay magnetic remote sensing investigation
(Wafts, 2008).
4.8 Recreational Resources
Unlike other harbors along the Outer Banks, Shallowbag Bay is typically protected from the
brunt of passing hurricanes as it is sheltered by the barrier islands located just a couple miles
away. In addition, it is bordered by the north and south facing shorelines of Roanoke Island
giving the bay cove -like characteristics. This geography means that while there might be a strong
wind affecting the oceanside and soundside beaches, the waters within Shallowbag Bay remain
generally calm, and is therefore ideal for recreational boaters. The area is commonly used by
28 Received
MAg11M')
DCM-EC

AManteo (Shallowbag) Bay Maintenance Dredging Project
APTIM
recreational boaters including motor boats, sailboats, and unmotorized vessels such as canoes
and kayaks. Many of these boats utilized private docks located around the bay's borders while
others utilize the three public boat ramp at Manteo for access to the water. Shallowbag Bay is
proximate to the waters of Roanoke Sound and is not far from ocean access through Oregon Inlet
approximately 12 miles to the south. The implementation of the proposed project is anticipated
to positively impact recreational resource opportunities due to the improved navigability within
Shallowbag Bay and the berth of the Elizabeth H.
4.9 Socioeconomic Resources
Maintaining navigation through Shallowbag Bay is important to the local economy of the Town
of Manteo and Dare County. Recreational and commercial boats utilize the bay as a conduit to
Roanoke Sound and Oregon Inlet where they can access the Atlantic Ocean for fishing, SCUBA
diving, and other recreational activities. Many of these boats are kept at one of the several
marinas including the 75-slip Shallowbag Bay Marina and the 53-slip Manteo Waterfront
Marina. Transient mariners who access the Town of Manteo through Shallowbag Bay utilize
these marinas for overnight visits. These tourists visit Manteo's attractions, restaurants and,
shops bringing in revenue to the local economy. Dockmaster Carl Jordan stated in 2018 that
typically about 90 boars dock in the summer at the harbor per month. In 2017 only 60 boats
entered the harbor (Hampton, 2018).
Along with recreational vessels that rely on navigating through Shallowbag Bay to access the
marinas along Manteo's waterfront, the Elizabeth II relies on safe passage through the bay so it
can access haul out locations for maintenance and repairs. The Elizabeth II, a wooden vessel that
was built in 1983 to represent the 16th Century ships that sailed to Roanoke Island in 1584-1587,
is supposed to be hauled out every winter at the state ferry facility in Mains Harbor for repairs
and maintenance (Hampton, 2018). But shoaling at the intersection of the Roanoke Sound and
Shallowbag Bay has prevented the $670,000 ship from leaving its dock for several years and
there is concern that she could significantly deteriorate. Should the boat become unusable as an
educational tool at Festival Park, revenues associated with admission fees and tourism would be
lost.
The implementation of the proposed project is anticipated to positively impact socioeconomic
resource opportunities due to the improved navigability within Shallowbag Bay for recreational
and commercial vessels including the Elizabeth II.
5.0 Literature Cited
Adriannse, L.A. and J. Coosen. 1991. Beach and Dune Nourishment and Environmental Aspects.
Coastal Engineering 16:129-146.
Armstrong, J.L. 1999. Movement, habitat selection and growth of early juvenile Atlantic
sturgeon in Albemarle Sound, North Carolina, M.S. Thesis, North Carolina State University,
Raleigh. 87 pp.
29 Received
v., 0 11 ZOD
DCM-EC

AManteo (Shollowbog) Bay Maintenance Dredging Project
APTIM
Armstrong, J.L., and J.E. Hightower. 2002. Potential for restoration of the Roanoke River
population of Atlantic sturgeon. Applied Ichthyology 18:475480.
ASMFC. 2016. Atlantic States Marine Fisheries Commission- Submerged Aquatic Vegetation.
Online at: hiip://www.asmfc.orwhabitat/hot-topics#SAV. Accessed: November 2, 2018.
Atlantic Sturgeon Status Review Team. 2007. Status Review of Atlantic sturgeon (Acipenser
oxyrinchus oxyrinchus). Report to National Marine Fisheries Service, Northeast Regional Office.
February 23, 2007. 174 pp.
Bain, M. B. 1997. Atlantic and shornose sturgeons of the Hudson River: Common and divergent
life history attributes. Environmental Biology of Fishes 48(1-4): 347-358.
Berenjkar, P., Saeedi, M., and Yuan, Q. 2019. Assessment of heavy metal release from dredged
materials for different disposal scenarios: Study of Anzali international wetland, Iran. Process
Safety and Environmental Protection. Vol. 132. Pages 94-104.
Bridges, TS., Ells, SE., Hayes, D., Mount, D., Nadeau, S.C., Palermo, M.R., Patmont, C., and
Schroder, P. 2008. The Four Rs of Environmental Dredging: Resuspension, Release, Residual,
and Risk. United States Army Corps of Engineers. Environmental Laboratory. ERDC/EL TR-
08-4
Community Development by Design. 2007. CAMA Land Use Plan Update CAMA Land Use
Plan Update for the Town of Manteo, North Carolina. 172pp.
Cummings, E.W., D.APabts, J.E. Blum, S.G. Bares, S.J. Davis, V.G. Thayer, N. Adimey, and
W.A. McLellan. 2014. Spatial and Temporal Patterns fo habitat use and mortality of the Florida
manatee (Trichechus manatus latirostris) in the Mid -Atlantic States of North Carolina and
Virginia from 1991 — 2012. Aquatic mammals 40(2): 126-139.
Dadswell, M. J., B. D. Taubert, T. S. Squiers, D. Marchette, and J. Buckley. 1984. Synopsis of
biological data on shortnose sturgeon, Acipenser brevirostrum LeSueur 1818. NOAA Technical
Report NMFS 14 and FAO (Food and Agriculture Organization of the United Nations) Fisheries
Synopsis 140.
Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal, and B. Boutin. 2010. North Carolina Coastal
Habitat Protection Plan. North Carolina Department of Environment and Natural Resources.
Division of Marine Fisheries, Morehead City, NC. 639 pp.
F6rstner U., Ahlf W., Calmano W., Kersten M., Salomons W. (1986) Mobility of Heavy
Metals in Dredged Harbor Sediments. In: Sly P.G. (eds) Sediments and Water Interactions.
Springer, New York, NY
30 Received
Ma? 112029
DCM-EC

A!
APTIM
Manteo (Shollowbog) Bay Maintenance Dredging Project
Fulk, R., D., Gruber, R., Wullschleger. 1975. Laboratory study of the release of pesticides and
PCB materials to the water column during dredging operations. Contract Re. D-75-6. United
States Army Corps of Engineers. Waterways Ex. Sta., Vicksburg, Miss.
Garcia -Rodriguez, A.I.; Bowen, B.W.; Domning, D.; Mignucci-Giannoni, A.A.; Marmontel, M.;
Montoya-Ospina, R.A.; Morales -Vela, B.; Rudin, M.; Bonde, R.K., and Mcguire, P.M. (1998).
Phylogeography of the West Indian manatee (Trichechus manatus): how many populations and
how many taxa? Molecular Ecology 7(9), 1137-1149.
Hampton, J. 2018, June 1. "Damaged Lost Colony replica ship, stuck in treacherous harbor, will
be saved". The Virginian -Pilot.
Holland, B.F., Jr. and G.F. Yelverton. 1973. Distribution and biological studies of anadromous
fishes offshore North Carolina. North Carolina Department of Natural and Economic Resources,
Division of Commercial and Sports Fisheries, Morehead City. Special Scientific Report 24:1-
132.
Hoos, Liza A.; Buckel, Jeffrey A.; Boyd, Jacob B.; Loeffler, Michael S.; Lee, Laura M. 2019.
Fisheries management in the face of uncertainty: Designing time -area closures that are effective
under multiple spatial patterns of fishing effort displacement in an estuarine gill net fishery. Plos
One. 14(1): e0211103.
Humphrey, S.R. 1992. Rare and Endangered Biota of Florida, Volume I. Mammals: 190-198
Keiffer, M.C. and B. Kynard. 1993. Annual movements of shortnose and Atlantic sturgeons in the
Merrimack River, Massachusetts. Transactions of the American Fisheries Society 122(6): 1088-
1103.
Kynard B., M. Horgan, M. Kieffer, and D. Seibel. 2000. Habitats used by shortnose sturgeon in
two Massachusetts rivers. Transaction of the American Fisheries Society 129: 487-503.
Lefebvre, L.W. M. Marmontel, J.P. Reid, G.B. Rathbun, and D.P. Domning. 2001. Status and
biogeography of the West Indian manatee. Pages 425-474 in C.A. Woods and F.E. Sergile,
Editors. Biogeography of the West Indies: Patterns and Perspectives. CRC Press, Boca Raton,
FL. 582 pp.
MAFMC (Mid -Atlantic Fisheries Management Council). 2019. Fishery Management Plans &
Amendments. Online at: htp://www.mafmc.or /gfishery-mana eg ment-plans. Accessed: July 7,
2019.
Moffatt and Nichol, 2005. Final report on costs, benefits, and management issues related to
Maintaining North Carolina's shallow draft navigation channels. 2011 pp.
31 Received
ka9 112029
D M-EC

Alk
APTIM
Manteo (Shallowbag) Bay Maintenance Dredging Project
Montgomery, Raymond L. 1984. Dredging and dredged material disposal techniques for
contaminated sediments, Lake and Reservoir Management, 1:1, 586-591, DOI:
10.1080/07438148409354584
Moser, M.L., J.B. Bichy and S.B. Roberts. 1998. Sturgeon distribution in North Carolina.
Center for Marine Science Research, Wilmington, North Carolina. Final Report to U.S. Army
Corps of Engineers, Wilmington District. 89 pp.
NCDWQ, 2007. Pasquotank River Basinwide Water Quality Plan. Basinwide Planning Unit. Pp
251.
NMFS (National Marine Fisheries Service). 1998. Recovery plan for the shortnose sturgeon
(Acipenser brevirostrum). Prepared by the Shormose Sturgeon Recovery Team for the National
Marine Fisheries Service, Silver Spring, Maryland. 104 pages.
NMFS (National Marine Fisheries Service). 2004. Endangered Species Act Section 7 Consultation
on Dredging of Gulf of Mexico Navigation Channels and Sand Mining ("Borrow") Areas Using
Hopper Dredges by COE Galveston, New Orleans, Mobile, and Jacksonville Districts
(Consultation Number F/SER/2000/01287), 119 pp.
NMFS (National Marine Fisheries Service). 2010. Essential fish habitat: A marine fish habitat
conservation mandate for federal agencies. South Atlantic Region. National Marine Fisheries
Service. St. Petersburg, FL. 14 pp.
NMFS (National Marine Fisheries Service). 2019a. Shortnose sturgeon (Acipenser brevirostrum).
Online at: htips://www fisheries noaa gov/species/shortnose-sturgeon. Accessed: July 22, 2019.
NMFS (National Marine Fisheries Service). 2018b. Atlantic Sturgeon (Acipenser oxyrinchus
oxyrinchus). Online at: hLtps://www.fisheries.noaa.gov/—species/atlanfic-sturgeon Accessed: July
22, 2019.
Oakley, N.C. and J.E. Hightower. 2007. Status of shormose sturgeon in the Neuse River, North
Carolina. American Fisheries Society Symposium 56:273-284.
Quible & Associates, PC. 2005. Essential Fish Habitat Assessment, Shallowbag Bay Side
channel Dredge Project. Project Number 04161. 84pp.
Raymond, G.L. 1983. Sediment resuspension characteristics of selected dredges. Draft Eng.
Tech Letter. Office, Chief Engineering, Washington DC.
SAFMC (South Atlantic Fishery Management Council). 1998. Final Habitat Plan for the South
Atlantic Region: Essential Fish Habitat Requirements for Fishery Management Plans of the South
32 Received
Al 112020
DCM-EC

AMan teo (Shollowbog) Bay Maintenance Dredging Project
APTIM
Atlantic Fishery Management Council. The Shrimp Fishery Management Plan, The Red Drum
Fishery Management Plan, The Snapper Grouper Fishery Management Plan, The Coastal
Migratory Pelagics Fishery Management Plan, The Golden Crab Fishery Management Plan, The
Spiny Lobster Fishery Management Plan, The Coral, Coral Reefs, and Live/Hardbottom Habitat
Fishery Management Plan, The Sargassum Habitat Fishery Management Plan, and The Calico
Scallop Fishery Management Plan. Prepared by the South Atlantic Fishery Management Council,
Charleston, South Carolina, October 1998.
Shortnose Sturgeon Status Review Team. 2010. Biological Assessment of Shortnose Sturgeon
Acipenser brevirostrum. Prepared for National Marine Fisheries Service National Oceanic and
Atmospheric Administration. 532 pp.
Smith, T. I. J. 1985. The fishery, biology and management of Atlantic sturgeon, Acipenser
oxyrhynchus, in North America. Environmental Biology of Fishes 14(1): 61-72
Smith, T. I. and J. P. Clugston. 1997. Status and management of Atlantic sturgeon, Acipenser
oxyrinchus, in North America. Environmental Biology of Fishes, 48(14): 335-346.
Stein, A.B., K.D. Friedland, and M. Sutherland. 2004. Sturgeon marine distribution and habitat
use along the northeast coast of the United States. Transactions of the American Fisheries Society
133:527-537.
USFWS (U.S. Fish and Wildlife Service). 2003. Guidelines for Avoiding Impacts to the West
Indian Manatee, Precautionary Measures For Construction Activities In North Carolina Waters,
hun //www fws aov/nc-es/mammal/manatee uuidelines.adf Last visited December 4, 2013.
USFWS (U.S. Fish and Wildlife Service). 2008. West Indian manatee, (Tiichechus manatus).
h_ptt s //www.fws.gov/endangered/esa-librgg/pdf/manatee.gdf. Last visited March 18, 2014.
USFWS (U.S. Fish and Wildlife Service). 2014. West Indian manatee (Trichechus manatus)
Florida Stock. Online at:
li!4?://www.fws.p-ov/northflorida/manatee/SARS/FR00001606 Final SAR WIM FL Stock.ndf
Accessed May 30, 2014.
USFWS (U.S. Fish and Wildlife Service). 2019, West Indian manatee Trichechus manatus.
httus //www.fws.gov/southeast/wildlife/mammals/manatee/. (Last accessed 9/26/119).
Vladykov, V.D. and J.R. Greeley. 1963. Order Acipenseroidei. Pages 24-60 in Fishes of the
Western North Atlantic. Memoir Sears Foundation for Marine Research 1(Part III). xxi + 630
pp
33 Received
09 11 2C27
DMEC

AManteo (Shallowbag) Bay Maintenance Dredging Project
APTIM
Watts, G. 2008. 2007 Raleigh Colony Investigation: Magnetic Anomaly Identification &
Assessment Roanoke Sound and Shallowbag Bay Roanoke Island, North Carolina Report
submitted to First Colony Foundation. 12pp.
Wilde-Ramsing, Mark. 1983. A Cultural Resource Evaluation of Submerged Lands Affected by
the 400'' Anniversary Celebration. Underwater Archeology Branch, NC Department of Cultural
Resources. 37pp.
34 Received
09 11 2C29
DCM-EC

MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT
Appendix F: Guidelines for Avoiding Impacts to the West Indian Manatee
Received
22 va9 112029
APTIM Coastal Planning & Engineering of North Carolina, Inc.
DCM-EC

f,. United States Department of the Interior
Received
FISH AND WILDLIFE SERVICE
Raleigh Field Office M,1R 1 t 2i2�
,. Post Office Box 33726
Raleigh, North Carolina 27636-3726 IC
®li ��++pp�q IVI'E
GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is
a Federally -listed endangered aquatic mammal protected underthe Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 etseq.) and the Marine Mammal Protection Act
of 1972, as amended (16 U.S.0 1461 etseq.). The manatee is also listed as endangered
under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of
the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal
agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some
individuals have been recorded at lengths greater than 13 feet and weighing as much as
3,500pounds. Manatees are commonly found in fresh, brackish, or marine water habitats,
including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity
extremes. Manatees spend much of their time underwater or partly submerged, making
them difficult to detect even in shallow water. While the manatee's principal stronghold in
the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared
precautionary measures for general construction activities in waters used by the species.
Implementation of these measure will allow in -water projects which do not require blasting
to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines
as conservation measures in a Biological Assessment or Biological Evaluation, or as part
of the determination of impacts on the manatee in an environmental document prepared
pursuant to the National Environmental Policy Act, will expedite the Service's review of the
document for the fulfillment of requirements under Section 7 of the Endangered Species
Act. These measures include:
1. The project manager and/or contractor will inform all personnel associated with the
project that manatees may be present in the project area, and the need to avoid any harm
to these endangered mammals. The project manager will ensure that all construction
personnel know the general appearance of the species and their habit of moving about
completely or partially submerged in shallow water. All construction personnel will be
informed that they are responsible for observing water -related activities for the presence
of manatees.
2. The project manager and/or the contractor will advise all construction personnel that

there are civil and criminal penalties for harming, harassing, or killing manatees which are
protected under the Marine Mammal Protection Act and the Endangered Species Act.
3. If a manatee is seen within 100 yards of the active construction and/or dredging
operation or vessel movement, all appropriate precautions will be implemented to ensure
protection of the manatee. These precautions will include the immediate shutdown of
moving equipment if a manatee comes within 50 feet of the operational area of the
equipment. Activities will not resume until the manatee has departed the project area on
its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report
must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the
National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife
Resources Commission (ph. 252.448.1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible
to the vessel operator. The sign should state:
CAUTION: The endangered manatee may occu rin these waters during the warmer
months, primarily from June through October. Idle speed is required if operating
this vessel in shallow water during these months. All equipment must be shutdown
if a manatee comes within 50 feet of the vessel or operating equipment. A collision
with and/or injury to the manatee must be reported immediatelyto the U.S. Fish and
Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service
(252.728.8762), and the North Carolina Wildlife Resources Commission
(252.448.1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to
manatees during project activities. Upon completion of the action, the project manager will
prepare a report which summarizes all information on manatees encountered and submit
the report to the Service's Raleigh Field Office.
7. All vessels associated with the construction project will operate at "no wake/idle" speeds
at all times while in water where the draft of the vessel provides less than a four foot
clearance from the bottom. All vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of
material in which manatees cannot become entangled; (b) secured in a manner that they
cannot break free and entangle manatees; and, (c) regularly monitored to ensure that
manatees have not become entangled. Barriers will be placed in a manner to allow
manatees entry to or exit from essential habitat.
Prepared by (rev. 06/2003):
U.S. Fish and wildlife Service Receive
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520
®CM -EC

Figure 1. The whole body of the West Indian manatee may be visible in clear water; but
in the dark and muddy waters of coastal North Carolina, one normally sees only a small
part of the head when the manatee raises its nose to breathe.
r
Received
MAP 11 2020
-- - DCM-EC
90
Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I.
A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-
3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.

MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT
Appendix G: Deeds
MR 112020
®CM -EC
23
APTIM Coastal Planning & Engineering of North Carolina. Inc.

I
Q
Y" MPH
DAFE CNINTY TAX
COLLECTOR
v110 -15 0
d
Prepared d return to
Robert B.
s, Jr., Attorney
Hornthal, Ril
Ellis & Maland, LLP
2502 S. C
wy
Nags Head, NC 59
Tax Parcel:
Portions of 025105000 & 025251001
Recorded: 09/02/2015 02:59:52 PM
BY: Toni Midgett
Vamolla MdAurran-Smith, Register of Deeds
Dare County, NC
Fee Amt $26.00 NC Excise Tax: $0.00
BOOK 2044 PAGE 125 (8)
701 NI I11111111IM11111111M
LT No.
Excise Tax: Exempt
Transfer Tax: Exempt t A
NORTH CAROLINA
DARECOUNTY
Y'
THIS DEED OF EASE r Is made this the II day of �Ljq , 2015 by and
between the DARE COUNTY, NO CAROLINA, PO Box 1000, Manton, NC 27954
("Grantor") and the DARE COUN WORT AUTHORITY, PO Box 429, Manteo, NC
27954 ("Grantee").
WHEREAS, Grantor is the owner of hat certain 34.4108 acre parcel of land described in
that certain deed from Grantee to Grantor dated 5 2015, and recorded in Book
.Q�4 , Page 1�, Dare County Registry (th tttiiir111antoit's Pro "); and
WHEREAS, Grantee is the owner or tenor f certain lands that adjoin Grantor's
property on the South and on the East; and
WHEREAS, Grantee desires an avigation easement, a VOR clearance easement and an
access easement upon and across the lands of Grantor, and Grantor has agreed to grant such
easements. O.
NOW, THEREFORE, said Grantor for a valuable con�l@iemlion the receipt and
sufficiency of which is hereby acknowledged, does hereby gragt;0argain, sell and convey unto
the Grantee, its successors and assigns, for the use and benefit o90% public, the following
easements:
I
d
0
Received
Meg 112020
DCM-EC
Book 2044 Page 125

G
�O 1 AVIGATION EASEMENT
An easement and right-of-way (the "Avigation Easement") appurtenant to the properties
ed and leased by the Grantee for the operation of the Dare County Regional Airport (the
"'), for the unobstructed use and passage of all types of aircraft in and through the
airsprtee above the Grantor's Property above an imaginary plane rising and extending in a
genmOy southwesterly direction over Grantor's Property, said imaginary plane running from
proxim apately 52.1 feet Mean Sea Level above the line AB described on Exhibit A and rising
uniformly the rate of I foot vertically for each 7 feet horizontally to approximately 110 feet
Mean Sea vel at the line CD described on Exhibit A. and then extending horizontally at 110
feet Mean vel at line CD to the South and Southwest over the remainder of the Grantor's
Property. Thviation Easement extends up or at an infinite height above the said imaginary
plane. See alsrr9Exhibit 1— Avigation Easement Map," attached hereto and made apart of
this instrument
The Avigatirlin Easement shall include all things which may be alleged to be incident to
or resulting from the use and enjoyment of the Avigation Easement, including but not limited to
the right to cause in all airspace above or in the vicinity of the surface of Grantor's Property,
such noise, vibrations, fur deposits or other particulate matter, fuel particles (which are
incidental to the normal o940on of said aircraft), fear, interference with steep and
communication and any an&lg other effects that may be alleged to be incident to or caused by
the operation of aircraft over of m the vicinity of Grantor's Property or in landing or taking off
from, or operating at or on the !{;tort. Grantor does fully waive, remise and release any right or
cause of action which they may rtq�v have or which they may have in the future against Grantee,
its successors and assigns, due to spoise, vibrations, fumes, dust, fuel particles and all other
effects that may be caused or may h been caused by the operation of aircraft landing at,
taking off from or operating on the Atleo t.
As used herein, the term "a rcraftY" I mean any and all types of aircraft, whether now
in existence or hereafter manufactured and eloped, to include but not limited to jet aircraft,
propeller driven aircraft, civil aircraft, m ilita"ircraft, commercial aircraft, helicopters and all
types of aircraft or vehicles now in existence ereafter developed, regardless of existing or
future noise levels, for the purpose of transport ,persons or property through the air, by
whomever owned or operated.
Grantor, by recordation of this Avigation EasYment, restricts the future development of
Grantor's Property such that the erection or growth upon Grantor's Property of any building,
structure, tree or other object extending into the airspace above the aforesaid imaginary plane is
prohibited. Prior to erecting any structure, Grantor shall cq6ply with the requirements of FAA
Form 7460-1 Notice of Alteration or Construction or its curont form) or any successor
provision of Federal law governing same. O
Grantor further grants to the Grantee the continuing right Brvent the erection or
growth upon Grantor's Property by Grantor or Grantor's successoYs��QQr assigns, any building,
structure, tree or other object, extending into the airspace above the `af�resaid hnaginary plane,
10
0
Received
urn 11 2020
®CM -EC
Book 2044 Page 126

and to remove from said airspace, any such building, structure, tree or other objects now upon or
�� which, in the future, may be upon Grantor's Property, together with the right of ingress to, egress
(tom, and passage over Grantor's Property for the above purpose. Trees or other objects of
,eouml growth above the aforesaid imaginary plane may be removed in their entirety or any
"on thereof as determined appropriate by the Grantee.
'The parties agree and acknowledge that the Federal Aviation Administration (the "FAA")
may gjin to Grantor a written variance of this Avigation Easement. A copy of any request by
Grantor the FAA fr a variance shall simultaneously be sent by Grantor to Grantee for review
and an op ty to provide comment. Upon Grantor's receipt of any written variance issued
by the FAGrantor, Grantor agrees to immediately provide a copy of such variance to
Grantee. n
2. VOR CLEARANCE EASEMENT
Grantor foA*lf, its successors and assigns, does hereby grant, bargain, sell and convey
unto the Grantee, its( ccessors and assigns, for the use and benefit of the public, a VOR
clearance easement (the "VOR Easement ? appurtenant to properties owned and leased by the
Grantee for the operation of the Airport, for the unobstructed operation of the Wright Brothers
VOR. At minimum the N r�I ht Brothers VOR requires an area within a 1,000 foot radius of the
VOR transmitter be maintatn$d free and clear of above ground structures, trees, shrubs,
vegetation or other objects, Al"r mobile, temporary or permanent
The VOR Easement shams subject to the covenants, conditions, restrictions and
limitations within Grantor's pro - as defined by a 1,000 foot radius extending in an arc
originating from the VOR station. ,Grantor, for itself, its successors and assigns, hereby
agrees not to use the property within VOR easement as to interfere, in any manner, with the
operation of the VOR at the Dare Co egional Airport.
Grantor, for itself, its successors ar"signs, hereby prohibits the erection or growth on
that portion of Grantor's Property located w in the designated 2.54 acres contained within the
1,000 foot radius, of any structure or object ending above the plane of the natural ground, and
further prohibits the construction of buildings akther structures more than 20 feet tall or with
metal exterior covering immediately adjacent Oft 1,000 foot VOR clearance arc. Prior to
erecting any structure, Grantor shall comply with krequirements of FAA Form 7460-1 Notice
of Alteration or Construction (or its current form or r Federal law). The 2.54 acre area
upon Grantor's Property which is within the 1000 fc& VOR clearance arc is more particularly
described as follows:
Beginning at a concrete monument, said concrete u&j
comer of the Grantor's Property and being the south
in Exhibit A; thence from said point of beginning Soud
1,011.00 feet to a concrete monument; thence North 57
feet to a point; thence along a curve in a generally caste
radius 1,000 feet, a chord bearing of North 34 deg. 33 in
1,011.55 feet, an are length of 1,060.56 feet and a delta
ment being in the southeastern
terminus of line AB as described
)32 deg. 40 min. 04 sec. West
19 min. 56 sec. West 33.27
r tion, said curve having a
tin. sec. East, a chord length of
of 66 dog. 45 min. 56 sec., to the
Received
1— 112029
DCM-EC
Book 2044 Page 127

G point and place of beginning, the same being the 2.54 acre parcel designated as "2.54
�O Acres Unusable Due to TVOR" on a survey entitled, in part, "A Plat of land for the
XA-, County of Dare," by Wesley M. Meel ins, P.L.S., platted March 10, 2006.
The VOR Easement shall remain in effect until such time as the VOR is de-
coomissioned and declared non -operational, removed or relocated by the Grantee.
le,
Q11 3. ACCESS EASEMENT
for does further give, grant, bargain, and convey to Grantee, a non-exclusive,
permaned perpetual access easement 50 feet in width, and more particularly described as
Begiat a concrete monument, said concrete monument located in the southeastern
comer o Not 17 of the British Woods Subdivision as recorded in Plat Cabinet A at Slide
204 of the Oxe County Registry; thence from said point of beginning North 47 deg. 11
min. 00 sec. dst 418.68 feet to a point; thence South 24 deg. 05 min. 15 sec. East 52.78
feet to a point; thence South 47 deg. 1 I min. 00 sec. West 676.92 feet to a point; thence
North 42 deg. 49 min. 00 sec. West 15 feet to a concrete monument; thence North 42 deg.
49 min. 00 sec. W s�35 feet to a PK nail; thence North 47 deg. I 1 min. 00 sec. East
275.14 feet to the pp t and place of beginning containing 34,268 square feet more or
less. Same being sh as "Proposed 50' Access Easement on the attached "Exhibit 1—
A ' No Ea s ment
(the "Access Easement"). The Asc6css Easement may be used by Grantee for pedestrian and
vehicular access. 0
TO HAVE AND TO HOLD,�i ght and easements to the said Grantee and its
successors in title, it being agreed that flte right and casements hereby granted are appurtenant to
and run with the land now owned by the "lee hereinabove referred to and shall be binding
upon Grantor and its successors and assignFo
(continued on t�'e, following page)
d
0
Received
MAP 1 1 7.020
1
Book 2044 Page 128

O IN TESTIMONY WHEREOF, the Grantor has hereunto set its hand and seal the day and
NAN first above written.
No arolina
Yl,:.
11 hairman ;?e61 * Weee"b
Attest: ��,,,,,•
NORTH CAROIRjA
DARE COUNTY $
I, the undersigned Notary Public, do hereby certify that (' SW 6kam personally
appeared before me and acknowledged that he is the County Clerlt for Dare County, North
Carolina, and that by auth duly given and as the act of Dare County, the foregoing
instrument was signed in i�by its Chairman, and attested by him as its County Clerk.
Witness my hand and offici p or seal, this ' 'M^ day of V—a—AA__.
20jS.
Witness my hand and official stahhi or seal this the 0!1 day of V'r-�'� 201,�
Y
My commission
d
0
Received
MA0 112020
DCM-EC
Book 2044 Page 129

Exhibit A
, ,}7esoriotion of Line AB
,
AB is the eastern most line of the Grantor's Property, and is more particularly described as
foi�dws:
le,
Q)➢gginning at a concrete monument, said concrete monument being South 46 deg 20 min
N9 sec West 536.79 feet to a concrete monument; thence South 44 deg 45 min 27 sec East
20542 feet to a concrete monument; thence South 51 deg 47 min 21 sec West 100.93
fekh a concrete monument in the Southeast comer of Lot 6, British Woods Subdivision
ass in Plat Cabinet A Slide 204 of the Dare County Registry; thence form said point
of beg"g South 24 deg 05 min 15 sec East 964.27 feet to a concrete monument in the
southeast%n corner of the Grantor's Property.
Line CD is a line parallel to and 405.3 feet west of Line AB described above, having its southern
terminus at the southeastern boundary of the Grantor's Property, and its northern terminus in the
northern most boundary "e Grantor's Property.
I�l0
\A-`
d
0
d
O
Received
f.5n T 1 7020
®CM -EC
Book 2044 Page 130

d
Exhibit 1 — Avieation Easement Man
(See attached)
0
d
0
0~�
Df�
0
V�
Received
V 1I 1 1 2P20
®CIS -EC
Book 2044 Page 131

THIS MAP IS NOTA CERTIFIED
SURVEY AND HAS NOT BEEN
M\230I(tl re)\swvey\RIN-2325-06 CSI-R4.R REVIEWED BYA LOCAL GOVERNMENT
AGENCY FOR COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS
D� " \ mIs
cwz-
` N
z /Fto
yIL
CIO
m \- --
D .ems
1-
a Z\A i
AmD
/ ur ` �.
Y�
d
°^^
\� mm
Received
MAD 11 2220
DCM-EC
Book 2044 Page 132

I
1 P'r; prT
DAFEGr, f1 YTAX
spa,`, , COLLECTOR
NO. _70 -1 S 0
d
Prepared d return to
Robert B.
a, Jr., Attorney
Homthal, Rif
Ellis & Maland, LLP
2502 S. C
wy
Nags Head, NC 59
Tax Parcel:
Portions of 025105000 & 025251001
Recorded: 09/02/2015 02:59:52 PM
BY: Toni Midgett
VanZ011a McMu ranSaft, Register of Deeds
Dare County, NC
Fee Amt $26.00 NC Excise Tax: $0 00
BOOK 2044 PAGE 125 (8)
700015896 111111111111 H IN 1110 ■
LT No.
Excise Tax: Exempt
Transfer Tax: Exempt
NORTH CAROLINA
DARE COUNTY
THIS DEED OF EASEt%iLCAROLINA,
s made this the' day of �1u , 2015 by and
between the DARE COUNTYPO Box 1000, Menteo, NC 27954
("Grantor") and the DARE CPORT AUTHORITY, PO Box 429, Manteo, NC
27954 ("Grantee").
WHEREAS, Grantor is the owner o0hat certain 34.4108 acre parcel of land described in
that certain deed from Grantee to Grantor dated - 5 , 2015, and recorded in Book
)pq4 ,Page ( ,Dare County Registry (th rrriiir--t is Pro "); and
WHEREAS, Grantee is the owner or teneltf certain lands that adjoin Grantor's
property on the South and on the East; and 'd("-N
WHEREAS, Grantee desires an avigation easement, a VOR clearance easement and an
access easement upon and across the lands of Grantor, and Grantor has agreed to grant such
easements.
NOW, THEREFORE, said Grantor for a valuable con�t@iemtion the receipt and
sufficiency of which is hereby acknowledged, does hereby grai , gain, sell and convey unto
the Grantee, its successors and assigns, for the use and benefit ofApublic, the following
easements: .
I
Received
MAP 112020
DCM-EC
Book 2044 Page 125

0 1. AVIGATION EASEMENT
An easement and right-of-way (the "Avieation Easement") appurtenant to the properties
`op opmed and leased by the Grantee for the operation of the Dare County Regional Airport (the
"Afto for the unobstructed use and passage of all types of aircraft in and through the
airspoe above the Grantor's Property above an imaginary plane rising and extending in a
genet0�y> southwesterly direction over Grantor's Property, said imaginary plane running from
approximately 52.1 feet Mean Sea Level above the line AB described on Exhibit A and rising
uniformly the rate of 1 foot vertically for each 7 feet horizontally to approximately 110 feet
Mean Sea vel at the line CD described on Ezht it A. and then extending horizontally at 110
feet Mean vel at line CD to the South and Southwest over the remainder of the Grantor's
Property. TheOviation Easement extends up or at an infinite height above the said imaginary
plane. See alstrbE�ibit 1— Avigation Easement Mao:' attached hereto and made a part of
this instrument. 0
The Avigatic)nn Easement shall include all things which may be alleged to be incident to
or resulting from the use and enjoyment of the Avigation Easement, including but not limited to
the right to cause in all airspace above or in the vicinity of the surface of Grantor's Property,
such noise, vibrations, fuo�j, deposits or other particulate matter, fuel particles (which are
incidental to the normal opwe Lion of said aircraft), fear, interference with sleep and
communication and any and o other effects that may be alleged to be incident to or caused by
the operation of aircraft over of M the vicinity of Grantor's Property or in landing or taking off
from, or operating at or on the AWorL Grantor does fully waive, remise and release any right or
cause of action which they may tapiv have or which they may have in the future against Grantee,
its successors and assigns, due to s cat poise, vibrations, fumes, dust, fuel particles and all other
effects that may be caused or may h ^ been caused by the operation of aircraft landing at,
taking off from or operating on the AZGoat.
As used herein, the term "aircraft",odl mean any and all types of aircraft, whether now
in existence or hereafter manufactured and`-i(5i.eloped to include but not limited to jet aircraft,
propeller driven aircraft, civil aircraft, commercial aircraft, helicopters and all
types of aircraft or vehicles now in existence o(�,ereafter developed, regardless of existing or
future noise levels, for the purpose of transport ri ,persoas or property through the air, by
whomever owned or operated.
Grantor, by recordation of this Avigation EaAment, restricts the future development of
Grantor's Property such that the erection or growth upon Grantor's Property of any building,
structure, tree or other object extending into the airspace above the aforesaid imaginary plane is
prohibited. Prior to erecting any structure, Grantor shall cvgply with the requirements of FAA
Form 7460-1 Notice of Alteration or Construction (or its cur,*nt form) or any successor
provision of Federal law governing same. O
Grantor further grants to the Grantee the continuing right�,,BBrevent the erection or
growth upon Grantor's Property by Grantor or Grantor's successorss�,Q r assigns, any building,
stracture, tree or other object, extending into the airspace above the`a l resaid .plane,
d
0
Received
wo 112020
®CM -EC
Book 2044 Page 126

and to remove from said airspace, any such building, structure, tree or other objects now upon or
�O which, in the future, maybe upon Grantor's Property, together with the right of ingress to, egress
,�om, and passage over Grantor's Property for the above purpose. Trees or other objects of
filturat growth above the aforesaid imaginary plane may be removed in their entirety or any
prrtion thereof as determined appropriate by the Grantee.
le'The parties agree and acknowledge that the Federal Aviation Administration (the "FAA")
may Q in to Grantor a written variance of this Avigation Easement. A copy of any request —by
Grantolao the FAA fur a variance shall simultaneously be sent by Grantor to Grantee for review
and an op ty to provide comment. Upon Grantor's receipt of any written variance issued
by the FAGrantor, Grantor agrees to immediately provide a copy of such variance to
Grantee. 0
�✓� 2. VOR CLEARANCE EASEMENT
Grantor fo, i''*lt its successors and assigns, does hereby grant, bargain, sell and convey
unto the Grantee, its(Accessors and assigns, for the use and benefit of the public, a VOR
clearance easement (the "VOR Easement) appurtenant to properties owned and leased by the
Grantee for the operation of the Airport, for the unobstructed operation of the Wright Brothers
VOR. At minimum the Wt Brothers VOR requires an area within a 1,000 foot radius of the
VOR transmitter be maintafree and clear of above ground structures, trees, shrubs,
vegetation or other objects, ther mobile, temporary or permanent.
The VOR Easement sha*5b subject to the covenants, conditions, restrictions and
limitations within Grantor's prop"
as defined by a 1,000 foot radius extending in an are
originating from the VOR station. Grantor, for itself, its successors and assigns, hereby
agrees not to use the property within�OR easement as to interfere, th any roamer, with the
operation of the VOR at the DareCo egional Airport.
Grantor, for itself, its successors ar d�ssigns, hereby prohibits the erection or growth on
that portion of Grantor's Property located wfrin the designated 2.54 acres contained within the
1,000 foot radius, of any structure or object e{ibnding above the plane of the natural ground, and
further prohibits the construction of buildings ckther structures more than 20 feet tall or with
metal exterior covering immediately adjacent tor 1,000 foot VOR clearance arc. Prior to
erecting any structure, Grantor shall comply with krequirements of FAA Form 7460-1 Notice
of Alteration or Construction (or its current form oitgFxasor Federal law). The 2.54 acre area
upon Grantor's Property which is within the 1000 fek VOR clearance arc is more particularly
described as follows:
Beginning at a concrete monument, said concrete rpyument being in the southeastern
comer of the Grantor's Property and being the southo terminus of line AB as described
in Exhibit A; thence from said point of beginning SouiD32 deg. 40 min. 04 sec. West
1,011.00 feet to a concrete monument; thence North 57 19 urn. 56 sec. West 33.27
feet to a point; thence along a curve in a generally caster lion, said curve having a
radius 1,000 feet, a chord bearing of North 34 deg. 33 min. sec. East, a chord length of
1,011.55 feet, an arc length of 1,060.56 feet and a delta of 60 �Fg. 45 min. 56 sec, to the
Q5�
d
0
Received
r'"e 112020
DCM-EC
Book 2044 Page 127

point and place of beginning, the same being the 2.54 acre parcel designated as " 2.54
�0 Acres Unusable Doe to TVOR" on a survey entitled, in part, "A Plat of Land for the
XA-, County of Dare," by Wesley M. Meeldns, P.L.S., platted March 10, 2006.
\-1' The VOR Easement shall remain in effect until such time as the VOR is de-
co(rintissioned and declared nonoperational, removed or relocated by the Grantee.
3. ACCESS EASEMENT
for does further give, grant, bargain, and convey to Grantee, a non-exclusive,
permanent -Ad perpetual access easement 50 feet in width, and more particularly described as
Beginni at a concrete monument, said concrete monument located in the southeastern
comer o Pt 17 of the British Woods Subdivision as recorded in Plat Cabinet A at Slide
204 of the If itm County Registry; thence from said point of beginning North 47 deg. 11
min. 00 sec. dst 418.68 feet to a point thence South 24 deg. 05 min. 15 sec. East 52.78
feet to a point; thence South 47 deg. I 1 min. 00 sec. West 676.92 feet to a point; thence
North 42 deg. 49 min. 00 sec. West 15 feet to a concrete monument; thence North 42 deg.
49 min. 00 sec. W aM35 feet to a PK nail; thence North 47 deg. 11 min. 00 sec. East
275.14 feet to the pp t and place of beginning containing 34,268 square feet more or
less. Same being sh as "Proposed 50' Access Easement on the attached "Exhibit 1—
Aviealion as ment
(the "Access Easement"'). The A�ccss Easement may be used by Grantee for pedestrian and
vehicular access.
TO HAVE AND TO HOLD, ght and easements to the said Grantee and its
successors in title, it being agreed that e right and easements hereby granted are appurtenant to
and nun with the land now owned by the C&tee hereinabove referred to and shall be binding
upon Grantor and its successor; and assiM
(continued on t�'efollowing page)
Received
'"" 1 1 2020
®CM -EC
Book 2044 Page 128

10
IN TESTIMONY WHEREOF, the Grantor has hereunto set its hand and seal the day and
mar fast above written.
'No arolina
Fly:.
hairman 2e6 * W11EARe
Attest• -
Cler C70Ay@us
1. :;�';•(;,:,.
NORTH CAROIQN.A
DARE COUNTY$
I, the undersigned Notary Public, do hereby certify that r-sau 64un personally
appeared before me and acknowledged that he is the County Clerk f ror Date County, North
Carolina, and that by authj
duly given and as the act of Dare County, the foregoing
instrument was sigted in ie by its Chairman, and attested by him as its County Clerk.
Witness my hand and of upor seal, this ' 'M^ day of
20_5. X11,11
Witness my hand and official stat
seal this the pU - day of � , 20.
" ' I .
Notary Public
My commission expires: B,
Vj
rS
e"
16
0
l'
Received
t"" 112020
DMEC
Book 2044 Page 129

Exhibit A
icritrt'on of Line AS
AB is the eastern most line of the Grantor's Property, and is more particularly described as
fof�3ws:
C$B ginning at a concrete monument, said concrete monument being South 46 deg 20 min
9 see West 536.79 feet to a concrete monument; thence South 44 deg 45 min 27 sec East
26542 feet to a concrete monument; thence South 51 deg 47 min 21 sec West 100.93
f a concrete monument in the Southeast comer of Lot 6, British Woods Subdivision
ass in Plat Cabinet A Slide 204 of the Dare County Registry; thence form said point
of beAj mg South 24 deg 05 min 15 sec East 964.27 feet to a concrete monument in the
southea&A�n comer of the Grantor's Property.
Line CD is a line parallel to and 405.3 feet west of Line AB described above, having its southern
terminus at the southeastern boundary of the Grantor's Property, and its northern terminus in the
northern most boundary of4c Grantor's Property.
�0
VIII
0
�l
d
0
Received
t" 0 112029
DCM-EC
Book 2044 Page 130

Exhibit I — Avieation Easement Man
(See attached)
CO
d
O
O�
0
Received
MAR 112020
DCM-EC
Book 2044 Page 131

THIS MAP IS NOTA CERTIFIED
SURVEYAND HAS NOT BEEN
W\2301(d e)\svvey\RIN-2325-06 CSI-R.dwe REVIEWED BYA LOCAL GOVERNMENT
AGENCY FOR COMPLIANCE WITHANYAPPLICABLE
LAND DEVELOPMENT REGULATIONS
1 m� \i�) imp;
- c
IT
< / ,a
\ 9) z \
D r „\.
O\ m rq m •\~ )
\ , \ A
l
\\� W
\\ m O
'Q\
co \ D •,
_- P3..
D -
= r
T�
Received
Mao 11 2C20
DMEC,
Book 2044 Page 132

NO.
�, BOOK 2127 PAGE 509 (5)
��00�31593 I IIIIWII � IIIII�I'�
Prepared by: (obert B. HobbA Jr., Anomry
Reran t": thel, Riley, Ellis & Malend, LLP
2 oath Cmatan Highway, Nags Head, NC 27959
Tax Parcel: Non}e�C
LT No.
STATE OF NORTH CAROLINA
COUNTY OF DARE .�
day of
REBECCA A. EVANS, and CEII))
(hereinafter referred to as "OWNI
body politic and corporate, whose
referred to as the "DCAA").
Recorded: 10/25/2016 02:22:06 PM
BY: Claudia Harrington
Vanzolla McMu ran, Register of Deeds
Dare Courdy, NC
Fee Amt $28.00 NC Excise Tar $0.00
Excise Tax: $-0-
Transfer Tax: $-0-
DEED OF EASEMENT (this "Easement'), made this A!
2016, by and between CHARLES D. EVANS and wife,
A EVANS MILLER and husband, PAUL J. MILLER, III
K') and the DARE COUNTY AIRPORT AUTHORITY, a
addiress is P.O. Box 429, Manteo, NC, 27954 (hereinafter
remises
O
A. C. R. Evans recorded a plat of(kl'subdivision known as Evansville, in Map Book
1, Page 145, Dare County Registry (the "Evan;yA t Plat"), depicting, among other matters,
various lots and streets.
B. The portion of Bonner Street shown depicted on the Evansville Plat located
between Lots 26 and 27 of Evansville (the "Subject perty") has never been opened, improved,
or used as a street.
C. The DCAA owns and operates the Dare Col Regional Airport (the "Airport"),
which Airport adjoins the Subject Property on the southeast. O
D. The Subject Property has become overgrown wr[hti and other vegetation, the
existence of some of which are hazards to aircraft using the Airunways.
Y'
d
0
Received
trkn 11 HUN
DMEC
Book 2127 Page 509

E. The DCAA desires to remove various trees and other vegetation from the Subject
Property to improve the safety of pilots, persons and property who use the Airport and who live
��r the vicinity of the Airport.
Ile' F. Grantors Charles D. Evans and Celia Evans Miller are the successors in interest to
C.0 Evans, the developer of Evansville, and as such hold or claim legal title to the various roads
and`*&ts located within Evansville, subject to easements held by owners of lots in Evansville
and n%,)niers of the public.
G,6 Grantors Charles D. Evans and Celia Evans Miller desire to grant the DCAA an
exclusive eel: went to permit the DCAA to remove obstructions and vegetation from the Subject
Property to e0ance the safety of pilots and persons in and around the Airport.
NOW, REFORE, the OWNER and the DCAA agree as follows:
l . The E ement Area shall be defined as follows: All of the surface of the Subject
ty, Properand all air space above the surface of the Subject Property, and such area below the
natural ground level as described in Paragraph 4 below.
2. OWNER dd' ;� hereby grant and convey unto the DCAA, its agents, servants, and
employees, an exclusive, p4anent and continuing right and perpetual easement to take any
action necessary to prevent tt ei� etion or growth of any structure, tree, vegetation or other
object (or any portion thereof) t���t'�t�he Easement Area, and to remove from such Easement Area,
or mark or light as obstructions -Y- navigation, any and all structures, trees, vegetation or other
objects (or any portion thereof) thatipay be located in or extend into the Easement Area.
3. The DCAA shall have 0 ppght (but not the obligation or duty) to mow or
otherwise maintain the Easement Area Ka condition that would prevent or inhibit the growth or
trees or other vegetation in the Easement A The DCAA shall also have the right (but not the
obligation or duty) to install and maintain cc around the perimeter of the Easement Area for
security and other airport reasons associated lh� the purposes of this Easement.
4. The DCAA shall also have the rY- and easement to top and/or remove any and
all existing and future trees or other natural growt0or any portion thereof) from the Easement
Area, to provide protection against present and f rtti7 bstmctions into the Easement Area. In
the event that said topping of trees or other natural giQvffi (or any portion thereof) is, in the
opinion of the DCAA, impractical, uneconomical, or undesirable, the DCAA is hereby given the
right to clear any tree or groups of trees or other natural growth to an elevation approximately
twelve (12) inches below the existing natural ground level POe location of such obstructions,
together with the right of ingress to, egress from, and passagOver the Subject Property for such
purpose. If the DCAA does not believe it to be cast effective ® top trees, the DCAA may elect
to clear any trees all or any portion of which is within the EasetNAt Area.
2
Received
NAP 1 1 2020
DCM-EC
Book 2127 Page 510

G' 5. Further, for the consideration as above set out, OWNER does hereby grant unto
v�5O DCAA, for the use and benefit of the public, a perpetual Right of Flight for the passage of
�Wrcratt in the Easement Area, together with the noise, vibrations, fumes, dust, fuel particles and
other effects that may be caused by the operation of aircraft landing at or taking off from or
grating at or on the Airport; and OWNER does hereby fully waive, remise and release any
rioor cause of action which they may now have or which they may have in the future against
the EWAA, its successors and assigns, due to such noise, vibrations, fumes, dust, fuel particles
and a 1ot er effects that may be caused or may have been caused by the operation of aircraft
landin at, or taking off from, or operating at or on the Airport.
6. Q The OWNER, for itself, and its successors and assigns, hereby covenants and
agrees with t0DCAA that for the term of this Easement, and for the benefit of the public in its
use of the Aij5k, the OWNER will not hereafter erect, or permit the erection or growth, of any
structure, trees, elation or other object (or any portion thereof) within or upon the Subject
Property which li within the Easement Area.
7. The souses of Grantors Charles D. Evans and Celia Evans Miller have executed
this Easement to release any marital rights with respect to this Easement.
8. NotwithstaiOng anything herein to the contrary, this Easement maybe suspended
by the DCAA during any 64 that a governmental agency opens, constructs and maintains a
public street within the Eas Area, as long as the goals and purposes of this Easement (as set
forth in the Premisses of this E gent) are fulfilled in the sole and absolute discretion of the
DCAA.
TO HAVE AND TO HOLD #rd easement and all rights appertaining thereto unto the
DCAA, its successors and assigns, fore.
(continued the following page)
O
�j
Received
WQ 11 2020
DMEC
Book 2127 Page 511

OIN WITNESS WHEREOF, the OWNER has executed this Easement, the day and year
rat above written.
V,• OWNER:
NJ(
C AR ES D. EVANS
/it Q Q(SEAL)
REBECCA A. EVANS
North Carolina, Dare County
I certify that the fot�wing person(s) personally appeared before me this day, each
acknowledging to me that }1)�br she voluntarily signed the foregoing document for the purpose
stated therein and in the capa t yjndicated: CHARLES D. EVANS and wife, REBECCA A.
EVANS. �XA-I
Witness my hand and seal -�L day of ftL*inp r , 20_�p .
NOTAgy
'UBL G
Affix Notary Seat Inside This Box
or printed name of Notary Public
expires: a.'3r a-(�)
16
O
Received
I" ° 1 1 2020
DCM-EC
Book 2127 Page 512

OWNER:
'fi
XAN
(SEAL)
CELIA EVANS MILLER
(SEAL)
O PAU MILLER, III
North Carolina, County
1 certify tha following person(s) personally appeared before me this day, each
acknowledging to m that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated: CELIA EVANS MILLER and husband, PAUL J.
MILLER, I1I. G
Witness my hand add�,eal this _q- day of O-4nhor' , 20J( .
S%LL q�"'',
NOrq ';m; Sign" of Notary Public
Y"
Typed or printed name of Notary Public
My commission expires: a - 3 • .?Q
Afrix Notary Seal Inside This Box
FAUSERStROBERr\RRH (`limtM)CAA\Rmnm Street am t "AEnns ememmt Q.arlW
OMI3 1015 ,✓✓O
l'
Received
1" ^ 11 2C29
DCM-EC
Book 2127 Page 513