20110786 Ver 1_Public Notice_20110929

M
US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
Issue Date: September 29, 2011
Comment Deadline: October 28, 2011
Corps Action ID: SAW-2011-01747
The Wilmington District, U.S. Army Corps of Engineers (Corps) has received an
application from the United States Coast Guard (USCG) seeking Department of the Army
(DA) individual permit authorization to impact approximately 10 to 13 acres of navigable
waters of the United States associated with performing as-needed maintenance dredging
of the mooring.basin at USCG Station Oregon Inlet and Walter Slough navigation
channel, located northwest of Oregon Inlet, in Dare County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at www.saw.usace.ariny.mil/wetlands
Applicant: United States Coast Guard
Attn: CDR John H. Lang, Commanding Officer
1240 E. Ninth Street, Room 2179
Cleveland, Ohio 44199
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures of Section 10 of the
Rivers and Harbors Act of 1899, and Section 404 of the Clean Water Act.
Location
The project is located at the USCG Station Oregon Inlet on Bodie Island and within the
nearby Walter Slough navigation channel, northwest of Oregon Inlet, in Dare County,
North Carolina. (35.79271N, -75.55651 W).
Existing Site Conditions
The existing USCG Station Oregon Inlet mooring basin and Walter Slough navigation
channel are currently serviceable waterways utilized by the USCG as well as commercial
and recreational interests. Walter Slough extends approximately 1.5 miles into the
Pamlico Sound providing navigational access to Oregon Inlet and the Pamlico Sound.
Currently, the Walter Slough navigation channel is approximately 7 feet deep at mean
low water (MLW) and has an approximate 60-foot wide bottom width. Due to the
dynamic nature of the Oregon Inlet area, episodic shoaling often hinders safe navigation
within the channel and basin necessitating routine maintenance dredging. As a result of
this common shoaling and the need for a more efficient means to address the adverse
impacts to navigation, the USCG is seeking this permit to authorize as-needed
maintenance dredging within a 10 year window.
Applicant's Stated Purpose
The purpose of the proposed project is to maintain safe navigation within the Walter
Slough navigation channel and USCG Station Oregon Inlet mooring basin by
maintenance dredging accumulated sediments on an as-needed basis.
2
Project Description
The USCG proposes to conduct maintenance dredging within the existing Walter Slough
navigation channel and USCG Station Oregon Inlet mooring basin on an as-needed basis
for a period of 10 years. The Walter Slough channel dimensions will be maintained at
approximately 7 feet deep at MLW, with a 60-foot wide bottom width. The mooring
basin will also be maintained at approximately 7 feet deep MLW. Dredging is proposed
to be conducted via the most feasible method, including: a) hydraulic pipeline; b)
mechanical (clamshell, dragline, etc.); c) government-owned special purpose dredge
(small hopper); or d) commercial or government-owned drag head dredge. The applicant
proposes to utilize approved spoil disposal areas that have been used previously for
authorized Federal Projects in the vicinity as follows: a) "Control of Effluent" discharge
on existing "Island D" disposal area; b) near-shore, in-water disposal within the Atlantic
Ocean off the north end of Pea Island; c) under Bonner Bridge within scour areas next to
bridge pilings; and d) upland disposal with associated effluent discharge (see map above
for locations). The dredging and spoiling activities will not impact wetlands or
floodplains. Dredging and resultant spoiling activities will be undertaken within the
established environmental moratorium (October 1 to February 14).
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision
until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act (PL 92-500). The
receipt of the application combined with the appropriate application fee at the North
Carolina Division of Water Quality central office in Raleigh will constitute initial receipt
of an application for a 401 Water Quality Certification. A waiver will be deemed to
occur if the NCDWQ fails to act on this request for certification within sixty days of the
date of the receipt of this notice in the NCDWQ Central Office. Additional
information regarding the Clean Water Act certification may be reviewed at the NCDWQ
Central Office, 401 Oversight and Express Permits Unit, 1650 Mail Service Center,
Raleigh, North Carolina 27699-1650. All persons desiring to make comments regarding
the application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650, Attention: Mr. Ian McMillan by
October 24, 2011.
The applicant has certified that the proposed work complies with and will be conducted
in a manner that is consistent with the approved North Carolina Coastal Zone
Management Program. Pursuant to 33 CFR 325.2 (b)(2).the Corps is, by this notice,
forwarding this certification to the North Carolina Division of Coastal Management
(NCDCM) and requesting its concurrence or objection. Generally, the Corps will not
issue a DA permit until the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project may adversely affect EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps has determined there may be species listed as threatened
or endangered or their critical habitat formally designated pursuant to the Endangered
Species Act of 1973 (ESA) within the project area. A final determination on the effects
of the proposed project will be made upon additional review of the project and
completion of any necessary biological assessment and/or consultation with the U.S. Fish
and Wildlife Service and/or National Marine Fisheries Service.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof, among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
4
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidate State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until 5 p.m., October 28, 2011.
Comments should be submitted to Mr. Josh Pelletier, Washington Regulatory Field
Office, Post Office Box 1000, Washington, North Carolina, 27889, or telephone (910)
251-4605.
5
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