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HomeMy WebLinkAbout20190264 Ver 2_CAMA Application_20210827COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA COASTAL Page 136 PRRTECTIRN ENNINEERINC Signed Agent Authorization Form AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: _Dare County, Mailing Address: _954 Marshall C Collins Dr _Manteo, NC 27954 Phone Number: 252 475-5800 Email Address: _outten@darenc.com I certify that I have authorized _Coastal Protection Engineering of NC , Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: _Permit Modifications for the use of the PPP Dredge within Oregon Inlet and Connecting Channels at my property located at,,.,_Oregon Inlet and Connecting Channels in _Dare County. l furthermore certify that 1 am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property ner Information: Signature Robert Outten Print or Type Name _County Manager Title Date This certification is valid through issuance of permits Coastal Protection Engineering of North Carolina, Inc. 36 C Gasra� P RxiE CGIGN ENGINEERING COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA AEC Hazard Form AEC HAZARD NOTICE Project Is In An: X_ Ocean Erodlble Area --High Hazard Flood Area --Inlet Hazard Area Applicant: — Dare Property Address: —Oregon Inlet, Dare County Date Lot Was Platted: —NlA— This notice is intended to make you, the applicant, aware of the special risks and conditions associated with developmentin this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require thatyou receive EmA PC HazardNotice and acknowledge that notice in writing before a permit for development dan be issued. The Commission's rules on building standards, oceanfront setbacks and dune altetations are designed to minimize, but not eliminate, property loss from hazards. By granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. Permits issued in the Ocean lfazard Area of Environmental Concern include the condition that structuresbe relocated or dismantledifthey become imminently threatened by changes in shoreline configuration. The structure(s) must be relocated or dismantled within two (2) years of becoming imminently threatened, and in any case upon its collapse or subsidence. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual long-term average ocean erosion rate for the adjacent property is _ 2-a6.5_ feet per year. The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Studies also indicate that the shoreline could move as much as —5-80___. feet landward in a major storm. The flood waters in a major storm are predicted to be about —12—feet deep in this area. Preferred oceanfront protection measures arebeach nourishment and relocation of threatened structures. Hard erosion control struchnes such as bulkheads, seawalls, revetments, groins, jetties and breakwaters are prohibited. Temporary sand bags may be authorized under certa'ruconditions. The applicant mustacknowledge this information andrequuements by signing this notice in the space below. Without the proper signature, the licaH will not be complete. Applicant Signature IDate SPECIAL NOTE: This hazard notice is required for development in aroassobject tosuddea and massivestorms and erosion. Permits issued for development in thisarea expire on December 31 ofthe third year following lire year in which the permit was issued. Shortly before work begins on the project site, the Local Permit Officer must be contacted to determine the vegetation line and setback distance at your site. If the property has seen little change since the timeofpermit issuance, and the proposed development can still meet the setback requirement, the LPO will inform you that you may begin work. Substantial progress on -the project must be made within 60 days of this setback determination, or the setback must be remeasured. Also, the occurrence ofamajor shoreline change as the result of a storm within the 60-day period will necessitate remeasurement of the setback. It is important thatyou checkwith the LPO before the permit expires forofficial approval to continue the work after the permit has expired. Generally, if foundation pilings have been placed and substantial progress is continuing, permit renewal can be authorizei. It is unlawful to continueworkafter porrnit expiration. For more fnformadon, contact. Heather Coats Local Permit Officer 127 Cardinal Orire Extension Address Wilmington, NC 28405 Locality 910 796-7302 Phone Number Coastal Protection Engineering of North Carolina, Inc. 37 Revised 2107 Page 137 Z PROJECT AREA BODIE ISLAND OREGON INLET ATLANTIC PEA ISLAND OCEAN PAMLICO SOUND ,am! 0 12500 25000 GRAPHIC SCALE IN FT RALEIGH NP CHARLOTTE �(� C, ,k �JACKSONVILLE • x N.T.S. NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY CAPE FEAR OREGON INLET CHANNEL MAINTENANCE PROJECT PROJECT LOCATION CAPE HATTERAS EAD CITY LOOKOUT ATLANTIC OCEAN DARE COUNTY, NORTH CAROLINA SHEET INDEX 1 COVER SHEET 2 PROJECT OVERVIEW 3 OREGON INLET & OCEAN BAR CHANNEL PLAN VIEW 4 OREGON INLET TO HELLS GATE CHANNEL PLAN VIEW 5 OLD HOUSE CHANNEL PLAN VIEW 6 OREGON INLET & OCEAN BAR CHANNEL CROSS SECTIONS A —A' & B—B' 7 OREGON INLET TO HELLS GATE CHANNEL CROSS SECTIONS C—C' & D—D' 8 OLD HOUSE CHANNEL CROSS SECTIONS E—E' & F—F' GENERAL NOTES: 1. COORDINATES ARE IN FEET BASED ON NORTH CAROLINA STATE PLANE COORDINATE SYSTEM, NORTH AMERICAN DATUM 1983, (NAD83). 2. ELEVATIONS ARE REFERENCED TO MLLW. 3. DATE OF AERIAL PHOTOGRAPHY: JANUARY 17, 2021. 4. SURVEY DATA COLLECTED BY THE USACE ALONG THE OREGON INLET AND OCEAN BAR CHANNEL; MARCH 31, 2021 (OREGON INLET BAR) & MARCH 9, 2021 (OREGON INLET SPIT) 5. SURVEY DATA COLLECTED BY THE USACE ALONG THE OREGON INLET TO HELLS GATE CHANNEL; MARCH 5 & 8, 2021 (RANGE 2-6) & APRIL 7, 2021 (OREGON INLET WEST RANGE 1) 6. SURVEY DATA COLLECTED BY THE USACE ALONG THE OLD HOUSE CHANNEL; AUGUST 8-9, 2018 (OLD HOUSE CHANNEL RANGE 2) & DECEMBER 14, 2018 (RANGE 17 EXTENSION & OLD HOUSE CHANNEL RANGE 1) LEGEND — — CROSS SECTION LINE DREDGE AREA PROPOSED CHANNEL CORRIDOR � a Z W W Z_ Z C7 Z Wz Z A 00 �'�a♦♦ N Wo V v F = w U CL O lZ aLLRLu N 0 V K Z J m Z 0 0 w cn c� ¢zw Z M Z a3w a O1. i E E o�0 DRAWING NO. CS-1 SHEET 1 OF 8 IN 763000 IN 753000 m m m m w w w w 0 0 0 0 r N W -pl r r r O O O O O O O O O ' O O O FOOTPRINT OF REPLACEMENT BRIDGE PROPOSED CHANNEL CORRIDOR DISPOSAL ISLAND "C" / OLD HOUSE CHANNEL / DISPOSAL ISLAND "L" EXTENSON17 DISPOSAL ► RANGE 1 / ISLAND "MN" SEE NOTE 3. RANGE 2 i NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY m o PAMLICO SOUND 0 0 743000 BODIE ISLAND OREGON INLET TO HELLS GATE CHANNEL OREGON INLET AND OCEAN BAR CHANNEL \ Z OREGON / INLET / / / ATLANTIC OCEAN PORTION OF HERBERT C. / BONNER BRIDGE TO REMAIN A NEAR SHORE DISPOSAL AREA INCLUDES THE -2,500 ;p 2 FOOT PORTION OF THE ACTIVE BEACH PROFILE THAT �f F EXTENDS FROM 0.0 FT. NAVD88 CONTOUR OUT TO / 21f9� THE -24.0 FT. NAVD88 CONTOUR. >` y0 0, � S0 lsz, Ql 00 1. PLACEMENT OF DREDGE SPOIL MATERIAL ON DISPOSAL ISLAND MN, L, AND C IS NOT INCLUDED IN THE IS PROPOSED ACTION. 2. PROPOSED OREGON INLET AND OCEAN BAR CHANNELS AND OREGON INLET TO HELLS GATE CHANNEL ARE NOT FIXED AND RATHER FOLLOW DEEP WATER AT TIME OF MAINTENANCE. LOCATION SHOWN IS REPRESENTATIVE Z ONLY AND WILL CHANGE BASED ON BATHYMETRY AT TIME PEA ISLAND OF MAINTENANCE. 3. RANGE 1 IS THE ONLY AREA OF OLD HOUSE CHANNEL WHERE DREDGING WILL BE PERMITTED. 4. PLACEMENT OF DREDGE SPOIL MATERIAL WILL BE PERMITTED ALONG THE REMAINING PORTION OF THE 0 1250 2500 HERBERT C. BONNER BRIDGE. m 5. SIDECAST DREDGING PERMISSIBLE WITHIN THE OCEAN m GRAPHIC SCALE IN FT o BAR CHANNEL, THE CHANNEL CONNECTING OREGON INLET o TO HELLS GATE AT OLD HOUSE CHANNEL AND RANGE 1 uj 0o WITHIN OLD HOUSE CHANNEL. o 0 0 0 x z u ri W W z z 13— z Wz Z A a♦♦ N W V v I-= W M w O LL Z it aLL�L N 0 V K Z J o C7 Z 00uj F, H C7 Z W � - Z M Z a W z J Zwa w a0= > V a ~a W W� 0 > z 0 Z Z W 0z0 0 �ZU a 0 w a 0 DRAWING NO. PV-1 SHEET 2 OF 8 a OREGON INLET TO HELLS GATE CHANNEL PAMLICO SOUND. NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY I PORTION OF HERBERT C. BONNER BRIDGE TO REMAIN PEA ISLAND DATE 0 0 0 0 BODIE ISLAND 1 FOOTPRINT OF REPLACEMENT BRIDGE OREGO, INLET Q OREGON INLET AND OCEAN BAR CHANNEL NOTE: 1. PROPOSED OREGON INLET AND OCEAN BAR CHANNELS IS NOT FIXED AND RATHER FOLLOW DEEP WATER AT TIME OF MAINTENANCE. LOCATION SHOWN IS REPRESENTATIVE ONLY AND WILL CHANGE BASED ON BATHYMETRY AT TIME OF MAINTENANCE. 2. PLACEMENT OF DREDGE SPOIL MATERIAL WILL BE PERMITTED ALONG THE REMAINING PORTION OF THE HERBERT C. BONNER BRIDGE. 3. SIDECAST DREDGING PERMISSIBLE WITHIN THE OCEAN BAR CHANNEL, THE CHANNEL CONNECTING OREGON INLET TO HELLS GATE AT OLD HOUSE CHANNEL AND RANGE 1 WITHIN OLD HOUSE CHANNEL. � 3035pOp E W a Z W W tj Z Z 3 — Z Wz_ Z J O O .n Q N F = di w d O LL_ J Z ~ aLL�L H O apow y Z. + N V 0O Z J Z 00 Q H Q Z W m — Z mm M J Z at 3:W Ya v3 � E3 a a N � O E`� ATLANTIC 6Q �Y 'Y �N BE OCEAN ..� vo AC7 aNmZ '^Q 0 O "W 0 oQ / PROPOSED CHANNEL / CORRIDOR Z J Lu a G 3p35ppp a o a z U a W 2 L w p -j U w V Z Z C� > za z¢z z m oF0 whoa0 Lj< 0 O0 02: 0 50/00 DRAWING NO. GRAPHIC SCALE IN FT PV-2 SHEET 3 OF 8 OLD HOUSE CHANNEL DISPOSAL ISLAND "MN" C RANGE 2 0 750 1500 GRAPHIC SCALE IN FT NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY DISPOSAL ISLAND "L" DATE PAMLICO SOUND ti► DISPOSAL ISLAND "C" EXTENSONI7\ RANGE 1 \ SEE NOTE 3. r „ im � OREGON INLET TO HELLS GATE CHANNEL PROPOSED CHANNEL CORRIDOR NOTE: 1. PLACEMENT OF DREDGE SPOIL MATERIAL ON DISPOSAL ISLAND MN, L, AND C IS NOT INCLUDED IN THE PROPOSED ACTION. 2. PROPOSED OREGON INLET TO HELLS GATE CHANNEL IS NOT FIXED AND RATHER FOLLOW DEEP WATER AT TIME OF MAINTENANCE. LOCATION SHOWN IS REPRESENTATIVE ONLY AND WILL CHANGE BASED ON BATHYMETRY AT TIME OF MAINTENANCE. 3. RANGE 1 IS THE ONLY AREA OF OLD HOUSE CHANNEL WHERE DREDGING WILL BE PERMITTED. 4. PLACEMENT OF DREDGE SPOIL MATERIAL WILL BE PERMITTED ALONG THE REMAINING PORTION OF THE HERBERT C. BONNER BRIDGE. 5. SIDECAST DREDGING PERMISSIBLE WITHIN THE OCEAN BAR CHANNEL, THE CHANNEL CONNECTING OREGON INLET TO HELLS GATE AT OLD HOUSE CHANNEL AND RANGE 1 WITHIN OLD HOUSE CHANNEL. FOOTPRINT OF REPLACEMENT BRIDGE D C CD w OREGON INLET AND OCEAN BAR CHANNEL 14 PORTION OF HERBERT C. BONNER BRIDGE TO REMAIN a 41/ m t� z a 19 W W zz BODIE W z ISLAND 0 a M M W F z dF � o~C w a d O LL_ J Z ~ a, y 0 R pow y O ONLU ZJ 0co / Z o�w aZm / t M V— Z � W Lx7 MMM O N F T N NQ n �Z o` LL o a a Z J Q W zaOv Ora U a' J U W w V Z Z > J W Z a Z m�c�g �Z=O W UI W<Ov Cw W 2 a 0 DRAWING NO. PV-3 SHEET 4 OF 8 2� 11000 0 DISPOSAL ISLAND "MN" 2 PAMLICO A0 SOUND 00 DISPOSAL �s0 ISLAND "L" ° PROPOSED CHANNEL CORRIDOR OLD HOUSE CHANNEL / RANGE 2 Q. NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY /j \,--�Fl NOTE: OLD HOUSE CHANNEL RANGE 1 OREGON INLET TO HELLS GATE CHANNEL E' RANGE 17 EXTENSION \ 1. PLACEMENT OF DREDGE SPOIL MATERIAL ON DISPOSAL ISLAND MN, L, AND C IS NOT INCLUDED IN THE PROPOSED ACTION. 2. PROPOSED OREGON INLET TO HELLS GATE CHANNEL IS NOT FIXED AND RATHER FOLLOW DEEP WATER AT TIME OF MAINTENANCE. LOCATION SHOWN IS REPRESENTATIVE ONLY AND WILL CHANGE BASED ON BATHYMETRY AT TIME OF MAINTENANCE. 3. RANGE 1 IS THE ONLY AREA OF OLD HOUSE CHANNEL WHERE DREDGING WILL BE PERMITTED. 4. SIDECAST DREDGING PERMISSIBLE WITHIN THE OCEAN BAR CHANNEL, THE CHANNEL CONNECTING OREGON INLET TO HELLS GATE AT OLD HOUSE CHANNEL AND RANGE 1 WITHIN OLD HOUSE CHANNEL. 0 300 600 GRAPHIC SCALE IN FT Z u W Z Z Z Wz z� o V Q N W V F z OC p~C v L o LL �Z Fu. 0 a v 0 a 2 Z + J W V pzJ Z Z 2 N O W C7 a W m Z - Z mma W �o w3 E3 END aQ Eon N W NQ a N Vz a va a a z J W U w W W z z az o= a U a U W J U Z W zZ InZ a Zwz 0g o F � S a c¢0 0 of W 0 a 0 DRAWING NO. PV-4 SHEET 5 OF 8 10 z0 -20 H w w -30 -40 CROSS SECTION A -A' EXISTING GRADE MARCH 9 & 31, 2021 1 5 J \ 5 I\ MAXIMUM AD EL. r` �J�✓ 2' ADDITIONAL -14.0 ' MLLW N OVERDEPTH ALLOWANCE 4 � ' h � -560 0 NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY 1000 2000 3000 4000 5000 6000 7000 8000 DISTANCE ALONG SECTION (FEET) 0 10 20 0 500 1000 VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT 5 0 w w -5 J J -10 z 0 -15 W J w -20 CROSS SECTION B-B' EXISTING 1 L J 1 MARCH 9& 5 j5 2' ADDITIONAL MAXIMUM AD EL. 400' OVERDEPTH _ -14.0 ' MLLW ALLOWANCE 5 0 -5 TRADE 31, 2021 -10 -15 -20 -l000 -JUU U JUU lUUU DISTANCE FROM CENTERLINE (FEET) 0 5 10 0 250 500 VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT 10 0 -10 -20 -30 -40 9000 10000 11000 12600 z LL 99 W W tj z z z a W z_ z J �a N W C) �_ W cc w U C LL lZ aU.OLu a C S"z C `° W N of Z J c� oZar w H aZ -z Z a�w z m J J CO zv� OzdS Q O U Q a Q ua~ w=Q z J U In zzz �<0 Q z zwz ozu 0 c� a W (D O LU w V) 0ZU OUP 00 Q K p U DRAWING NO. XS-1 SHEET 6 OF 8 10 i:: 0 W W -10 75 O -20 w w -30 a a 14000 15000 itNOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY rD(1CC Cr-r-rT(lnl r_r' J U Q CROSS SECTION C-C' CROSS SECTION D-D' 10 5 5 EXISTING GRADE EXISTING GRADE MARCH 5 & 8, 2021 0 w 0 MARCH 5 & 8, 2021 APRIL 7, 2021 w LL Lu APRIL 7, 2021 r -10 J J -5 � I � -5 I 5 5 �1vL1�/1i,�1�1"v -20 p O -10 -10 Q A / MAXIMUM AD EL. > w 100' r _ -12.0' MLLW -30 J w -15 -15 w �' MAXIMUM AD EL. -12.0' MLLW 16000 17000 18000 19000 20000 21000 21500 -500 -250 0 250 500 DISTANCE ALONG SECTION (FEET) DISTANCE FROM CENTERLINE (FEET) 0 10 20 0 500 1000 VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT 0 5 10 0 125 250 VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT Z LL 99 W W tj Z Z tp— Z W z_ Z J �a N 00 W C) F = d£ w 0 O ULL �Z aLLwU W oLu y a JAW p UN L) 0� Z J m Z 0 O ,0:H p C7 Q Z W � — Z Z 7 W z o J (] J U al O z-czU _�� w2U H w 0 Z ULn Z w V Z W O<O zwz C7 U (D 0 � J U) c aU 0LU) U w = O < � p U DRAWING NO. XS-2 SHEET 7 OF 8 10- Z O -20 Q w -30- CROSS SECTION E-E' RANGE 1 LIMIT i i MAXIMUM AD EL. i RANGE 1 LIMIT _ -12.0' MLLLLW L 4 n1 J1 r4 �1 I I 3 I 71 t r EXISTING GRADE I AUGUST 8-9, 2018 DECEMBER 14, 2018 I MARCH 8, 2021 1 1 -500 0 1000 2000 3000 4000 5000 6000 7000 DISTANCE ALONG SECTION (FEET) 0 10 20 0 500 1000 VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT 5 W 0 W 1 -5 J ►7 NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY CROSS SECTION F-F EXISTING GRADE AUGUST 8-9, 2018 DECEMBER 14, 2018 MARCH 8, 2021 j3 3 100' MAXIMUM AD EL. = -12.0' MLLW -500 -250 0 250 500 DISTANCE FROM CENTERLINE (FEET) 0 5 10 0 125 250 VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT 5 0 -5 -10 -15 10 0 -10 -20 -30 8000 9000 9500 z LL 99 W W tj z z z a W z_ z J �a N W C) F Z # W U C LL .jZ Q a w W o.y Q JAW p QN 0 Z J ° Z Z o0F, ao ZW �-Z Z 7 W z LL J u- W W OAS W U z z W 2' = Q W U a K = V ) �Wo U W z z W p 0H �a zw OU =� (Dzo s�0 �( o W 00 < u Q U NOTE. DRAWING NO. 1. RANGE 1 IS THE ONLY AREA OF OLD HOUSE XS-3 CHANNEL WHERE DREDGING WILL BE PERMITTED. SHEET 8 OF 8 OREGON INLET CHANNEL MAINTENANCE UTILIZING A NEW PRIVATELY OWNED SPECIAL PURPOSE DREDGE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT APPLICATION FOR A CAMA MAJOR PERMIT MODIFICATION Prepared for: Dare County, North Carolina Prepared by: CPE 4038 Masonboro Loop Road Wilmington, North Carolina 28409 Submitted to: North Carolina Department of Environmental Quality Division of Coastal Management Wilmington Regional Office July 2021 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA Oregon Inlet Channel Maintenance Utilizing a New Privately Owned Special Purpose Dredge CAMA Major Permit Modification Application CONTENTS 1 FORMS.....................................................................................................................................1 1.1 DCM MP-1...........................................................................................................................1 1.2 DCM MP-2...........................................................................................................................5 2 ATTACHMENTS........................................................................................................................8 2.1 DCM MP-1. Additional Information......................................................................................8 2.1.1 5b. Give a brief description of purpose, use, and daily operations of the project when comple........................................................................................................8 2.1.2 5c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to bestored...................................................................................................11 2.1.3 6a. Project Narrative...................................................................................................11 2.1.4 6b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed................................24 2.1.5 6c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliarwith the area to the site.........................................................................................................24 2.1.6 6d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties...........................................................24 2.1.7 6e. The appropriate application fee. Check or money order made payable to DEQ...24 2.1.8 6f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail................................................................24 2.1.9 6g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee and issuing dates.............................................................25 2.1.10 6h. Signed Agent Authorization Form.........................................................................26 2.1.11 6i. Wetland delineation, if necessary...........................................................................26 2.1.12 6j. Signed AEC Hazard Notice....................................................................................26 2.1.13 6k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina EnvironmentalPolicy Act............................................................................................26 Appendices Appendix A: Work Plats and Location Maps Appendix B: Signed Agent Authorization Form and Adjacent Riparian Landowner Notifications Appendix C: CAMA Permit #49-19 Coastal Protection Engineering of North Carolina 1 1 FORMS 1.1 DCM MP-1 1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) Dare County Dare County Oregon Inlet Channel Maintenance Project Applicant 1: First Name MI Last Name Robert L Outten Applicant 2: First Name MI Last Name NA NA NA If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State P.O. Box 1000 Manteo NC ZIP Country Phone No. FAX No. 27954 USA 252 475 5800 ext. 252 473 1817 Street Address (if different from above) City State ZIP Email outten@darenc.com 2. AgentContractor Information Business Name Coastal Protection Engineering of North Carolina, Inc. (CPE) Agent/ Contractor 1: First Name MI Last Name Kenneth Willson Agent/ Contractor 2: First Name MI Last Name Brad Rosov Mailing Address PO Box City State 4038 Masonboro Loop Road Wilmington INC ZIP Phone No. 1 Phone No. 2 28409 910-399-1905 ext. ext. FAX No. Contractor # NA Federal ID # 02-06231951 Email kwillson@coastalprotectioneng.com; brosov@coastalprotectoineng.com 3. Project Location Coastal Protection Engineering of North Carolina County (can be multiple) Street Address State Rd. # Dare Unincorporated Dare County within Oregon Inlet NA Subdivision Name City State Zip NA NA NC NA Phone No. Lot No.(s) (if many, attach additional page with list) NA NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank River Basin Atlantic Ocean and Pamlico Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Atlantic Ocean and Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. NA 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) None 145,190,199 (Size of dredge corridor) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NA NWL (normal water level) (If many lot sizes, please attach additional page with a list) -2 to -12 MSL ❑NHW or ❑NWL e. Vegetation on tract None f. Man-made features and uses now on tract Existing navigation channels. g. Identify and describe the existing land uses adjacent to the proposed project site. Pea Island National Wildlife Refuge (to the south) and Bodie Island sand spit (to the north) h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? NA (Attach zoning compliance certificate, if applicable) ❑Yes [-]No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ®Yes ❑No ❑NA If yes, by whom? Dames and Moore magnetometer survey (1979), NCDOT, FHWA, and SHPO remote sensing survey (1993 and 1995) I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. NA o. Describe existing drinking water supply source. NA Coastal Protection Engineering of North Carolina p. Describe existing storm water management or treatment systems. NA 5. Activities and Impacts a. Will the project be for commercial, public or private use? ®Commercial ®Public/Government ®Private/Community b. Give a brief description of purpose, use and daily operations of the project when complete. In order operate in the most efficient manner and to meet the County's purpose and need of maintaining the economic viability of the county, region, and state while preserving environmental quality and human safety, the County is seeking the ability for the PPP dredge to increase the permissible dredging depth within the ocean bar channel and perform sidecast dredging. The dredge would dredge the ocean bar channel to -16 ft MLLW plus one ft allowable overdepth as needed and perform sidecast dredging within the portions of the channels already permitted while abiding to a fisheries moratorium of April 1 through July 31. See Attachments for more information c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. The new PPP dredge would be used for these actions. The dredge will be outfitted to perform sidecast dredging as needed. See Attachments for more information d. List all development activities you propose. Maintenance dredging of existing navigation channels with the new PPP dredge. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance f. What is the approximate total disturbed land area resulting from the proposed project? 0.0 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public access way or other area ®Yes ❑No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. When operating as a sidecast dredge, the discharge will be within the waters proximate to where the dredge if functioning. Dredged material will also be placed along the nearshore waters off Pea Island and in proximity to the remaining bridge pilings along the existing Bonner Bridge. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. Project Narrative. See Attachment for more information b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. See Attachment for more information c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DEQ. Coastal Protection Engineering of North Carolina f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name W.A. Worth Estate Phone No. Address No address, vacant land on southern tip of Bodie Island Name Cape Hatteras National Seashore Phone No. Address 1401 National Park Drive, Manteo, NC 27954-9451 Name Pea Island National Wildlife Refuge Phone No. Address PO Box 1969, Manteo, NC 27954 Name North Carolina Dept. of Transportation, c/o Jerry Jennings Phone No. Address 113 Airport Dr., Suite 100, Edenton, NC 27932 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. -CAMA Major Permit #49-19 issued June 24, 2019 -401 Water Quality Certificate #20190264 issued by INC -Individual Permit from the Department of Army #SAW- DWR on April 26, 2019 2019-0175 issued on April 20, 2020 -NIPS Special Use Permit #USA20-9500-008 issued on October 20, 2020 h. Signed consultant or agent authorization form, if applicable. See Attachment for more information i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant,and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date _July 1, 2021 Print Name _Kenneth Willson, Agent, CPE Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information Coastal Protection Engineering of North Carolina 4 1.2 DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Channel Boat Boat Rock Rock Other (excluding (NLW or NWL) Canal Basin Ramp Groin Breakwater shoreline stabilization) Length Approx. 11,900', 16,050', and 2,850' Width 100'-400' Avg. Existing NA NA -5' MLW Depth Final Project NA NA -10 to -16 MLW plus Depth one foot overdepth EXCAVATION El This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. Sand 125,750 cubic yards based on current conditions C. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or None other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: N/A DISPOSAL OF EXCAVATED MATERIAL El This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Open water disposal in nearshore waters off Pea Island 5,000' x 2,500' and adjacent to remaining Bonner Bridge pilings and adjacent to the dredge when operating as a sidecast dredge C. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future ❑Yes ❑No ®NA maintenance? ®Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? Same locations e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or ®Yes ❑No ❑NA other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? ❑CW ❑SAV ❑SB 12,500,00012 ❑WL ®None (ii) Describe the purpose of disposal in these areas: N/A Coastal Protection Engineering of North Carolina 5 SHORELINE STABILIZATION applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: ❑Bulkhead ❑Riprap ❑Breakwater/Sill []Other: C. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level Bulkhead backfill Riprap Breakwater/Sill Other Source of fill material. ®This section not b. Length: Width: d. Maximum distance waterward of NHW or NWL: (i) Has there been shoreline erosion during preceding 12 months? ❑Yes [-]No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) �. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the fill in these areas: GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., controlled? dragline, backhoe, or hydraulic dredge)? Excavated material will be transported from excavation site to Special Purpose dredge, sidecast dredge. disposal areas via special purpose dredge. When operating as a sidecast dredge, the material will be discharged adjacent to the dredge in open water. C. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. Date d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Oregon Inlet Channel Maintenance Project Utilizing a New Special Purpose Dredge Project Name Dare County, c/o Robert Outten Applicant Name Coastal Protection Engineering of North Carolina 6 Kenneth Willson, Agent, Coastal Protection Engineering of North Carolina, Inc. Applicant Signature Date: July 1, 2021 Coastal Protection Engineering of North Carolina COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC 4038 MASONBORo Loop ROAD COASTAL WILMINGTON, NC 28409 PROTECTION ENGINEERING` 910-399-1905 2 ATTACHMENTS 2.1 DCM MP-1. ADDITIONAL INFORMATION 2.1.1 5b. Give a brief description of purpose, use, and daily operations of the project when complete. Dredging is necessary to maintain safe and reliable transportation routes through waterways. Oregon Inlet is no exception. Despite considerable efforts on the part of the USACE, State, and Dare County, shoaling continues to impede mariners and has resulted in the U.S. Coast Guard's inability to properly position navigation buoys within the channel. As a result, the risk of damage to vessels and injury to people continues. Since the 1960's, over 25 people have died and 22 boats have been lost within the inlet (Dare County, 2018). Oregon Inlet is considered one of the most commercially vital shallow draft inlets along coastal North Carolina (Dumas, 2014). Numerous business sectors rely on the ability to safely navigate this waterway on a regular basis. As such, maintaining safe navigation from Pamlico Sound to the Atlantic Ocean via Oregon Inlet is critical for the local, regional, and state's economy. Between 1995 and 2012, the US Army Corps of Engineers, State of North Carolina, and Dare County have spent an average of approximately $6.25 million per year on dredging Oregon Inlet. The economic impact of Oregon Inlet to Dare County, however, is very significant and far outweighs the historic costs necessary to keep the inlet passable via dredging (Dumas et al, 2014). A recent economic study of the inlet suggested that under recent conditions (when the inlet is navigable —40% of the time), five business sectors (commercial fishing, seafood packing/processing, boat building and support services, recreational fishing, and tournament fishing) contribute an economic impact of $403.5 million in revenues while supporting 3,319 jobs in Dare County. When incorporating nearby counties including Dare, Currituck, Camden, Pasquotank, Perquimans, Tyrell, and Hyde, the regional economic impact of the inlet amounts to $423.3 million while supporting 3,601 jobs. At a larger scale, the study cites an overall statewide economic impact of $548.4 million and 4,348 jobs. If the inlet were to be navigable 85-100% of the time over the course of a year, the 2014 study stated that these business sectors could potentially provide a total annual economic impact of 5,120 jobs and $642.2 million to Dare County, 5,590 jobs and $678.4 million to the region, and 5,397 jobs and $693.0 million to the state of North Carolina (Dumas et al, 2014). The economic impact of Oregon Inlet to Dare County prompted the County to partner with the North Carolina Division of Water Resources (NC DWR) to provide supplemental funding for Oregon Inlet starting in 2016. The annual report prepared by the NC DWR, which was required by SL 2013-360, Section 14.22, indicates a Dare County contribution of $884,000 matched with $1,768,000 by the State to contribute an additional $2,625,000 to the USACE for Oregon Inlet maintenance in FY 16/17. COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA P: CFEUM g ASTA� P a e 19 ENGINEERING Even with the state and Dare County taking initiatives to provide the necessary supplemental funding to maintain the Oregon Inlet Channel, dredge plant availability has become the primary reason for not being able to maintain dependable navigation through the inlet. The USACE Wilmington District dredge plants are in high demand to maintain navigation channels throughout the East and Gulf Coast including other channels throughout North Carolina. Demand has increased recently given the ability of other communities to provide supplemental funding for USACE dredges to conduct navigation maintenance in channels vital to their communities. Recognizing the need for greater dredging capacity, Senate Bill 99 of Session 2017 was passed by the North Carolina Senate and provides for the construction of a Public -Private Partnership (PPP) dredge that can be utilized to maintain shallow draft navigations channels within the state including Oregon Inlet. Section 13.7(a-h) of the bill states: ... the maintenance of the state's shallow draft navigation channels in a manner that keeps those channels navigable and safe and minimizes their closure or degradation is a vital public purpose and proper governmental function and that declines in federal funding and dredging activity have significantly and adversely impacted the ability of the federal government to maintain these channels in a timely manner. The resulting deterioration in these channels damages the significant portion of the economy of the State's coastal regions that is dependent on the use of the navigation channels by watercraft. Therefore, it is the policy of the State to support and, when necessary to meet the public purposes set forth in this subsection, to supplement federal maintenance of the navigational channels. The bill authorized the allocation of up to $15 million of State funds to be provided, in the form of a forgivable loan to a private partner for the construction and operation of a dredge capable of maintaining shallow draft navigation channels throughout the state. The legislation further authorized the Oregon Inlet Task Force to solicit proposals through an RFP, through which a private partner could be selected. Proposals were solicited from interested companies and the Oregon Inlet Task Force selected a private partner to work with. However, prior to significant investments being made by the dredge partner for planning, design, and construction of a dredge plant, it is necessary to have permits in place for the maintenance work for which the dredge is being constructed. In 2018, Dare County sought to obtain the permits and authorizations required to utilize the PPP dredge to supplement the USACE's efforts to maintain safe navigation within the confines of Oregon Inlet and certain connecting channels on a year-round basis. The need of this action was to maintain the county's, region's, and state's economic viability while preserving environmental quality and human safety. The specific areas to be dredged under the County's permits included the same locations as defined in the USACE authorization: "...a 14 feet deep by 400 feet wide channel through Oregon Inlet and the ocean bar. An approximate 16, 050 foot -long portion of the channel from Oregon Inlet to Hell's Gate (12- Coastal Protection Engineering of North Carolina 9 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA P: CFEUM g ASTA� P a e 110 ENGINEERING feet deep by 100 feet wide) and an approximate 2,850 foot -long portion of Old House Channel (12 feet deep by 100 feet wide) in Dare County" (USACE, 2004). Given that the channel through Oregon Inlet and the ocean bar as well as the channel from Oregon Inlet to Hell's Gate are both maintained to follow "best water" and are not in a fixed position, a channel corridor was defined by the County in which maintenance dredging would be performed such that it would align with the channel parameters stated above. The nearshore disposal sites proposed by Dare County for use by the PPP dredge were similar to what the USACE was previously authorized. Specifically, these disposal areas included the nearshore disposal off the north end of Pea Island and in deep scour holes around the remaining portion of the Herbert C. Bonner Bridge. Coastal Protection Engineering of North Carolina 10 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC 4038 MASONBoRo Loop ROAD COASTAL WILMINGTON, NC 28409 PRGTECTION ENGINEERING 910-399-1905 2.1.2 5c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Dredging will be performed on a year-round basis by a newly constructed privately owned hopper dredge. As stated below in the response to item 6a, the dredge will be outfitted with a number of specifications that will minimize the risk of impacts to a number of threatened or endangered species that may be present during dredge operations. This Major Permit Modification includes the request for operating the PPP dredge for sidecast dredging. Sidecast dredging by the PPP dredge would be limited for use in areas where the PPP is unable to operate as a special purpose dredge due to shoaled in conditions. As such, sidecast dredging would be used solely for the establishment of a pilot channel of sufficient depth for the PPP to then operate as a special purpose dredge.Sidecast dredging will only occur outside of the fisheries moratorium of April 1 through July 31. As such, dredged material will be disposed via sidecasting, at the nearshore disposal location off Pea Island, and/or along the bridge pilings at the remaining portions of the original Bonner Bridge. No equipment will be stored on the land. When not in use, the dredge will be docked at a marina or moored in proximity to Oregon Inlet. 2.1.3 6a. Project Narrative In 2019, Dare County was issued a CAMA Major Permit to utilize the PPP dredge in the same manner and under the similar conditions as what is currently authorized for USACE to perform maintenance dredging within the waters in proximity to Oregon Inlet, as defined in the 2004 FONSI. The dredging conducted by the privately owned dredge would not replace dredging performed by the USACE dredge fleet; rather it would complement the USACE's existing efforts. Scoyin2 and Consultation History An interagency scoping meeting convened on September 25, 2018 to discuss the County's initial proposal to obtain permits to operate the PPP dredge within confines of the channels associated with Oregon Inlet. During the meeting, it was determined that a CAMA Major Permit, NC DWR General Water Quality Certificate, and NC State Historic Preservation Office's (SHPO) concurrence would be required. In addition, from the federal side, a Department of Army (DA) Individual Permit complying with Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act would be required. Concurrences would also be needed from USFWS and NMFS to comply with Section 7 of the Endangered Species Act (ESA) and the Magnuson -Stevens Fishery Conservation and Management Act. Furthermore, an Environmental Assessment (EA) would be required to satisfy the requirements of the National Environmental Policy Act (NEPA). A subsequent meeting was convened on October 29, 2018 between the County and representatives of Wilmington District's Civil Works and Regulatory Division to discuss the procedural aspects of the proposed project and to ensure that the actions associated with the proposed project will strictly adhere to the conditions set forth for the authorized federal project. COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA PCAASTAP a e 12 AAiECiIAN g ENAINEERINA Permit applications were subsequently submitted to DCM, USACE, and the NPS. The USACE and NPS also received the associated EA entitled " Oregon Inlet Channel Maintenance Utilizing a New Privately Owned Hopper Dredge" (Appendix A) in January 2019. On June 24, 2019, the Division of Coastal Management (DCM) issued a CAMA Major Permit to the County for the use of the PPP dredge. Along with CAMA Major Permit #49-19, the County received additional permits and authorizations to allow for this action including an Individual Permit from the Department of Army (#SAW-2019-0175) on April 20, 2020, 401 Water Quality Certificate #20190264 issued by the North Carolina Division of Water Resources on April 26, 2019, and National Park Service (NPS) FONSI and Special Use Permit #USA20-9500-008. On March 1, 2021, a second interagency scoping meeting was held to discuss additional actions the County was considering for which permit modifications may have been requested. These various actions that were being considered to improve the County's ability to maintain the navigability within the channels in proximity to Oregon Inlet included increasing the allowable depth of the ocean bar channel, widening the channel that parallels the Marc Basnight bridge, allow for the use of sidecast dredging, and utilize the contract dredge Atchafalaya during times when the PPP dredge is unavailable. After receiving feedback from the meeting attendees and a subsequent conversations with the USACE and NPS held on March 8, 2021, the County decided to only pursue permit modifications for two of the additional actions being considered; namely the use of side - cast dredging under specific conditions to excavate a pilot channel in order for the dredge to operate as a special purpose (hopper dredge) and to expand the authorized dredging within the Oregon Inlet ocean bar channel east of Basnight Bridge to a depth of minus 14 feet plus 2 feet, which is within the authorized depth of the federal project. Details of these two proposed permit modifications and their anticipated environmental impacts are provided in the following sections. A pre -filing notification was submitted to the Division of Water Resources (DWR) on July 1, 2021. As described above, two scoping meetings attended by DWR were held on September 25, 2020 and March 2, 2021 in regards to this project. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Proiect Description The dimensions of the channels in which maintenance dredging was permitted for followed the USACE authorization, which was defined in a 2004 FONSI as "... a 14-feet deep by 400-feet wide channel through Oregon Inlet and the ocean bar. An approximate 16,050-foot-long portion of the channel from Oregon Inlet to Hell's Gate (12-feet deep by 100-feet wide) and an approximate 2,850-foot-long portion of Old House Channel (12-feet deep by 100-feet wide) in Dare County". Because the USACE authorization allows for the maintenance dredging following best water, the footprints of the areas to be dredged are not fixed. Rather, a bathymetric survey is performed prior to each dredge event in an effort to determine the location of the best water for the channel. As such, for this proposed project, a "dredge corridor" was developed and will serve as the domain in which dredging could be performed in the future (Figure 1). Coastal Protection Engineering of North Carolina 12 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA COASTA� P 13 P ROiEVION a g e ENGINEERING 760000 DISPOSAL ISLAND "C" DISPOSAL ISLAND "L" EXTENSION 17 DISPOSAL RANGE 1 ISLAND "MN" 750000 / Notes: 1. Coordinates are in feet based on the North Carolina State Plane Coordinate System, FPIS 3200, North American Datum of 1983 (NAD 83). 2. Proposed Oregon Inlet, Ocean Bar Channel, and Oregon Inlet to Hells Gate Channels are not fixed and rather follow deep water at time of maintenance. Locations shown on the map are for representation only,and will change based on bathymetry at the time of maintenance. Figure 1. Proposed dredging and disposal locations ATLANTIC OCEAN OREGON INLET kr Dredge material to be placed in nearshore disposal as well as underneath Herbert C. Bonner Bridge in deep scour holes. 3- Background imagery is from ESRI Imagery Legend: Basemap dated February 11, 2016. Proposed Channel Corridor Federally Authorized Fixed Location Channels 760000 750000 di Old House Channel 7 Oregon Inlet to Hell's Gate Channel Oregon Inlet & Ocean Bar Channel In order operate in the most efficient manner and to meet the County's stated purpose and need of maintaining the economic viability of the county, region, and state while preserving environmental quality and human safety, the County is seeking the ability to use the PPP dredge to maintain a depth of -14 ft. MLW + 2 ft of overdepth within the ocean bar channel (currently permitted to -14 ft. MLW) and perform sidecast dredging to excavate pilot channels. Both actions are described in detail below. Increasing the permissible dredging depth within the ocean bar channel: The County's permit currently allows for the Oregon Inlet ocean bar channel to be dredged to -14 ft MLLW without any allowable overdepth. This area is defined as the channel extending east from the Basnight Bridge out through the inlet past the ocean bar. In 2002, a FONSI issued by the Coastal Protection Engineering of North Carolina 13 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA P: CVEM.. g ASTA� P a e 114 ENGINEERING USACE entitled "Manteo (Shallowbag) Bay Project Maintenance of Oregon Inlet Bar Channel, Channel Widener" allowed for the USACE Navigation dredge fleet to increase the dredging depth from -14 ft MLW to an "allowable overdepth dredging to 17 ft MLW". Figure 3 shows a cross section depicting the increase depth, as shown in the 2002 FONSI. Keeping with the spirit of having the ability to maintain this channel in the same manner as the USACE, the County requests the ability to dredge to -14 ft MLLW with 2 ft allowable overdepth. Though the federal authorization allows for dredging to a depth of -14 ft. MLLW + 3 ft. allowable overdepth, the County is limiting the request to -14 ft. MLLW + 2 ft. of allowable overdepth due to Section § 143-215.73F of the North Carolina General Statute, which defines a "shallow draft navigation channel" as a waterway with a maximum depth of 16 ft. Coastal Protection Engineering of North Carolina 14 z d o 0 o O U M aozl U o O O � �I O 00 W z z z R H U W H C) 9 00 a F U a m Lo ¢ B W J l}1 �y pp 6—Z� S� J 'c 9 R4 x NNE ENE 30_ W a W O MLLJ COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA COASTAL Page 116 PROTECTION E NS INEERINOq� Perform sidecast dredging by the PPP dredge: The USACE has historically relied upon the use of their fleet of special purpose dredges and sidecast dredges to assist with the channel maintenance in the project area. Since 1973, sidecast dredges Merritt, Schweizer, and Fry, have operated within the inlet complex. These dredges often cut a pilot channel through the shoaled portions of the channels to allow special purpose dredges or larger contract hopper dredges, which require deeper water, to work in the inlet channel. For example, the USACE special purpose dredge Murden requires a depth of 4'3" when empty and 8'6"when loaded. The Currituck, the USACE's other special purpose dredge used to maintain Oregon Inlet, requires 3'4" when empty and 76" when loaded. Therefore, a sidecaster dredge is sometimes used to dredge a pilot channel allowing the special purpose dredge to more efficiently operate. As stated in the USACE's 1992 FONSI "Maintenance Dredging and Dredged Material Disposal Plan- Oregon Inlet and Vicinity", sidecast dredging is typically limited to the removal of isolated shoals when operating in the channels west of Oregon Inlet. The 2004 FONSI issued by the USACE entitled "Use of Government Plant to Dredge in Federally Authorized Navigation Projects in North Carolina" states that sidecast dredging is authorized for the ocean bar channel as well as the channel connecting Oregon Inlet to Old House Channel. At the time of the initial permit request, the PPP dredge was still in the conceptual design phase. However, since that time, the design has been completed and the dredge is being constructed with the capability of conducting sidecast dredging as well as operating as a special purpose dredge. The County is requesting a permit modification that would allow the PPP dredge to perform sidecast dredging in the same locations as described within the 2004 USACE FONSI: the ocean bar channel, the channel connecting Oregon Inlet to Old House Channel and Range 1 within Old House Channel (Figure 1). Sidecast dredging by the PPP dredge would be limited for use in areas where the PPP is unable to operate as a special purpose dredge due to shoaled in conditions. As such, sidecast dredging would be used solely for the establishment of a pilot channel of sufficient depth for the PPP to then operate as a special purpose dredge. Because the dredge is currently under construction and therefore has not operated as a special purpose dredge, it's precise depth requirements are not yet known. Recognizing the fact that the new dredge's design is similar to the USACE's existing special purpose dredge fleet, the proposed action will limit sidecast dredging to cut a pilot channels into "hotspots" where shoals have reduced channel depths to less than 8'. Figure 3 depicts a hypothetical location where the PPP dredge could operate as a sidecast dredge within the navigation channel just west of the Basnight Bridge based on a bathymetric survey conducted by the USACE on June 15, 2015. This figure is provided as an example of how the proposed action might be implemented based on current conditions. In addition, the County agrees not to conduct these sidecast activities between April 1 and July 31 without notification to the DCM and Corps of Engineers Regulatory Division in coordination with the appropriate resource agencies. Coastal Protection Engineering of North Carolina, Inc. 16 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA CGAGTAL Page 117 P RxiE CGIGN ENGINEERING Figure 3. Example area that could be dredged by the PPP as a sidecaster based on June 15, 2021 bathymetric survey data. Environmental Consequences of the Prouosed Actions The environmental consequences associated with increasing the dredging depth within the ocean bar channel and allowing for the PPP dredge to perform sidecast dredging to excavate pilot channels are described below. Increasing the permissible dredging depth within the ocean bar channel: Increasing the permissible maximum channel maintenance depth from -14 ft MLLW to -14 ft MLLW with 2 ft allowable overdepth is not anticipated to cause any additional environmental consequences. The 2002 USACE FONSI entitled "Manteo (Shallowbag) Bay Project Maintenance of Oregon Inlet Bar Channel, Channel Widener" evaluated the environmental consequences of the proposed actions within the document (including increasing the authorized depth from -14 ft MLW to -17 ft MLW) and did not identify any environmental concerns associated with the increased depth within that document. It should also be noted that in 1970, Congress authorized the dual jetties project at Oregon Inlet which included an increase of the depth of the ocean bar navigation channel from 14 feet to 20 feet. On September 21, 2001, the Corps issued Supplement No. 2 General Design Memorandum (GDM) and Final Supplement III Environmental Impact Statement (EIS) which stated that the dual jetties and the 20-foot navigation channel are economically justified and environmentally acceptable (although the jetty project was never constructed and the 20' channel was never dredged). Coastal Protection Engineering of North Carolina, Inc. 17 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA CRAGTAL Page 118 P RNGE CGINN ENGINEERING=r Today, despite regular maintenance dredging within the channel to the east of the Basnight Bridge by the USAGE, reliable long-term navigability remains a challenge due to shifting sediments and constant shoaling. This shoaling is attributed to sediment transport through and around the inlet complex. The position and alignment of the ocean bar channel has been documented to be unstable within the shoal complex (Cleary and Marden, 2004). Due to the fluctuation of sediment transport rates and the shortness of the channel compared to the width of the ebb shoals, the channel's position and orientation change frequently. Furthermore, changes in the volume of the ebb -tidal delta appear to be cyclical and are related to the numerous storms that affect this area. Wave data gathered by the USACE's Wave Information Studies program from WIS Station 63223, located offshore from Oregon Inlet, indicates that significant wave heights at Oregon Inlet average about 3 feet with yearly extreme significant wave heights of at least 10 feet. Wave heights exceeding 5 feet occur approximately 10% of the time in the project area. Because tidal inlet systems, including Oregon Inlet, are subject to continuous morphological changes under the action of tides, waves and transported sediments, any benthic organisms that reside in this dynamic environment must be quite resilient. As such, the constituents of softbottom communities change with natural shifting patterns of sediment erosion or deposition (Street et al., 2005). Regardless of the dredging depth, dredging material from the Ocean Bar Channel will cause an immediate removal of infaunal and non -motile epibenthic organisms from the softbottom community. However, the dredged areas would be anticipated to repopulate rapidly as benthic organisms are transported back with migrating sediments. Increasing the permissible dredging depth from -14 ft MLLW to -14 ft MLLW with 2 ft allowable overdepth would not be expected to impact benthic organisms. Federally threatened and endangered species that may occur in proximity to Oregon Inlet are presented in Table 1. The proposed increase in dredging depth within the ocean bar channel would not be expected to impact any of these species. Tablel. Federally threatened and endangered listed species that may occur in proximity to Oregon Inlet. Common Name Scientific Name Federal Status Mammals West Indian Manatee Trichechus manatus Endangered Reptiles Leatherback Sea Turtle Dermochelys coriacea Endangered Hawksbill Sea Turtle Eretmochelys imbricate Endangered Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered Coastal Protection Engineering of North Carolina, Inc. 18 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA CGAGTAL Page 119 P RxiE CGIGN ENGINEERING Loggerhead Sea Turtle Caretta coretta Threatened-NWA DPS' Green Sea Turtle Chelonio mydas Endangered' Fish Shortnose Sturgeon Acipenser brevirostrum Endangered Atlantic Sturgeon Acipenseroxyrinchus Endangered —Carolina DPS3 Giant Manta Ray Manta birostris Threatened Perform sidecast dredging by the PPP dredge to excavate pilot channels: Sidecast dredging within the channels in proximity to Oregon Inlet has been performed for decades by the USACE. The impacts of this action have been assessed in several Biological Assessments, Biological Opinions, and Environmental Assessments including: • 1998 USACE Biological Assessment (BA): "Use of Sidecast Dredges Frv. Merritt. Schweizer. and the Split -Hull Dredge Currituck in Coastal United States Waters " This BA evaluated the use of the sidecast dredges Fry, Merritt and Schweizer, and the split hull hopper dredge Currituck that are used throughout the United States' east coast to maintain adequate depths in navigation channels through shallow draft coastal inlets. The BA analyzed potential impacts associated with the proposed action on listed species under the NMFS purview that may be in the project area. The BA concluded that the continued use of the USACE sidecast dredge vessels to maintain shallow draft coastal inlets along the eastern seaboard on a year-round basis was not likely to adversely affect any listed species. • 1999 NMFS Biological Opinion (BO): "Use of Sidecast Dredges Frv. Merritt. Schweizer. and the Split -Hull Dredge Currituck in Coastal United States Waters " Based on the consideration of the best available information, the NMFS concluded that the year-round operation of the hopper dredge Currituck and the sidecast dredges Fry, Merritt and Schweizer to maintain coastal inlets on the eastern seaboard of the United States may affect, but is not likely to adversely affect the continued existence of listed species under NMFS purview. • 2004 EA: "Use of Government Plant to Dredge in Federally Authorized Navigation Proiects in North Carolina " This EA addressed the proposed use of government owned dredge plant that included the Merritt or Fry or similar sidecast dredge and the Currituck or similar special purpose dredge to dredge small and/or isolated, regularly occurring shoals in federally authorized navigation projects within the USACE, Wilmington District in North Carolina. Because the intent of the action was to remove shoals expeditiously that have rapidly developed, the proposed dredging could occur at any time of the year. Coastal Protection Engineering of North Carolina, Inc. 19 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA CxASTAL Page 120 P RxiE CilxN ENS IN EE RING, Mo • 2004 FONSI: "Use of Government Plant to Dredge in Federally Authorized Navigation Projects in North Carolina" Agency and public coordination of the EA resulted in the following project commitments, facts and conclusions leading to the Finding of No Significant Impact: • No biological moratoria are proposed. • The proposed activities are entirely comparable to, and fall within, the scope of past activities and effects that have been previously extensively analyzed by NMFS. The March 9, 1999 ESA consultation included with the EA concluded that dredging of small North Carolina inlet channels and navigation channel with the USACE dredge plant would be unlikely to adversely affect ESA -listed species under NMFS purview. In addition, no new species that are likely to occur in the action area have been listed or critical habitat designated that would alter NMFS's previous conclusions. • The impact summary for the proposed actions stated that the proposed actions would not cause any significant adverse impacts to Essential Fish Habitat (EFH), Habitat Areas of Particular Concern (HPAC), or EFH species. Impacts that do occur would be expected to be minor, temporary, and only short lived on an individual and cumulative effects basis. • Based on information provided in the EA, USFWS concurred that the project as described in the EA was not likely to adversely affect any federally listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for federal listing under the ESA. Potential environmental impacts associated with sidecast dredging are primarily associated with increases in turbidity and sedimentation due to the resuspension of the dredged material. While minor turbidity through the resuspension of sediments in the water column would be anticipated to occur, turbidity levels during sidecast dredging may exceed the State standard of 25 Nephelometric Turbidity Units only in the immediate vicinity of the discharge slurry. Turbidities in the area of any discharges are expected to return to ambient levels shortly after cessation of dredging activities. Suspended sediment in the water column can block available light for photosynthesis and therefore reduce the benthic primary productivity by submerged aquatic vegetation (SAV). The magnitude of the impact depends somewhat on the temporal length of the dredging/discharge activity. Furthermore, the suspended sediment is not expected to remain suspended in the water column given the characteristics of the material being dredged and discharged. SAV resources are located in proximity to the project area (Figure 4), however, no sidecast dredging would occur directly within any sea grass beds. In addition, in order to reduce potential impacts, when possible, the use of a sidecast dredge will include positioning of the discharge pipe into the deepest water. Conditions that would preclude this would be if winds and/or currents would redeposit this material back into the recently dredged area. The decision as to whether this positioning can be done will be left up to the dredge captain, but the need to avoid deposition in shallow water to the maximum extent practicable will be emphasized each time a sidecast dredge is used. Coastal Protection Engineering of North Carolina, Inc. 20 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA CGAGTAL Page 121 P RxiE CGIGN ENGINEERING Figure 4. SAV resources found within proximity to the project area. Coastal Protection Engineering of North Carolina, Inc. 21 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA COASTAL Page 122 PROTECTION E XSIN EERINR 00 Several typical estuarine dredging projects have shown sediment -settling rates ranging from centimeters/second to meters/second resulting in settlement primarily within the dredge site's immediate area (Bohlen, 2002). The relatively large grain sizes within the plume settle more rapidly. Coarse sand (>2 millimeters) and gravel settle almost immediately, often with a distance of less than 50 meters from the dredger (Challinor, 2000). Because of the sandy nature of the material and the locations in which disposal would occur, elevated turbidity levels would be expected to quickly dissipate and minimize impacts to nearby SAV resources. Scientific data are very limited with regard to the effects of sidecasted material on fishery resources. These effects may be similar, on a smaller scale, to the effects of storms; storm effects may include increased turbidity and sediment load in the water column and, in some cases, changes in fish community structure (Hackney et al., 1996). However, like with any dredge, entrainment of fisheries resources by a sidecast dredge is also a consideration. The NC Division of Marine Fisheries (DMF) recommends a moratorium on dredging during time periods that are critical to fisheries resources. In particular, it has been recognized that a large portion of the project area is within a Blue Crab Spawning Sanctuary (Figure 5). Because it is recognized that blue crabs and other important fishery resources utilize the inlet complex for spawning activities during the summer months, a moratorium on sidecast dredging will be imposed between April 1 and July 31 to minimize impacts to these resources. The federally threatened and endangered species that may occur in proximity to Oregon Inlet as presented in Table 1 would not be expected to be impacted by the use of sidecast dredging by the PPP within the channels. Coastal Protection Engineering of North Carolina, Inc. 22 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA CGAGTAL Page 123 P RxiE CGIGN ENGINEERING •z � - L'r�w-� 9 .. It _ `1 �; Theon' Poinl' ' r aCedar } q `:1 ArraF� \,Xff n ang /a land o ,L\ O J I STATION17 E �9"XK71'+ 190 A Island \ o \} l C Gouss bland \ Asa asland� Point - yj 'fa/rSpiR Leek .r v ` Poini �� l\ . Tti6 map weer poduced fer ilfueiatiW pUq=06 090 pena.el WOW to assist the public. Inlprratioral data uwd for this rr p were cclected Ft y *on faded, state, cmmV, sod private uVwdratiom. While every o' is keep it is - effart made to this map eeasate end up-io-dste, not ! irterrded to replaw s^Y official wurca. Under no ckcur visnces wall the flLY� State of North Carobw be I" far arty wkm Was or orriedom made Jack 4� a Trwe+ torn reiarce an anyirfammtion corntained herein tam whatever souse rw Shoai� shall the State be liable for ary other cmwquarces bom any such reience. O gedgoa W imagwy am U.B. Gadogsar Crab spaaawg 8uvey 1:100,000•ecale plairwbic maps. Sawk Mile MOP Gahm: NA083 dp be1 Crab Spawning Sanctuaries M. Projecfan: No gyps Plane ED a (15A NCAC 03R .0110) Mop Date: a?dober2000 � +:9f 098 Military oarger Zones 900 0 900 Vemis I0°el0r"� .dIll0 y� Map 1 0.0 ® 09 Was Figure 5. Blue crab spawning sanctuary location in proximity to Oregon Inlet Coastal Protection Engineering of North Carolina, Inc. 23 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA CGAGTAL Page 124 P RxiE CGIGN ENGINEERING Impacts to Cultural Resources Dredging has occurred extensively within Oregon Inlet and its connecting channels by the USACE since the project was originally authorized in 1950. As such, this repeated dredging activity would have disturbed, damaged, or destroyed shipwreck resources unless scour associated with inlet movement re -deposited vessel remains at depths below the limits of dredging. The 2008 US Department of Transportation Environmental Impact Statement (EIS), drafted to support the Bonner Bridge replacement effort, concluded "The North Carolina Office of State Archaeology site files contain no record of terrestrial or submerged cultural resources in the Bonner Bridge project area and the associated APE". In addition, the 1991 USACE archeological survey performed during investigations regarding the proposed dual jetties project in Oregon Inlet revealed the presence of no historically important resources as well. Therefore, no cultural resources are anticipated to impacted by the proposed actions of deepening the ocean bar channel or utilizing the PPP dredge for sidecast dredging. 2.1.4 6b An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. See Appendix A. 2.1.5 6c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. See Appendix A 2.1.6 6d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. Not Applicable. 2.1.7 6e. The appropriate application fee. Check or money order made payable to DEQ. Please find enclosed an application fee check for $475. 2.1.8 6f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. W.A. Worth Estate and James C. Fletcher 0 Island Wanchese, NC 27981 Coastal Protection Engineering of North Carolina, Inc. 24 -��M COASTAL PROTECTION E NSIN EENING Pea Island National Wildlife Refuge c/o Alligator River National Wildlife Refuge P. O. Box 1969 Manteo, NC 27954 Cape Hatteras National Seashore, ATTN: Ms. Sabrina Henry 1401 National Park Drive Manteo, NC 27954-9451 NCDOT Highway Division 1 ATTN: Sterling Baker, Division 1 Engineer 113 Airport Drive, Suite 100 Edenton, NC 27932 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA Page 125 2.1.9 6g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee and issuing dates. • May 17, 1950; P.L 81-516, The River and Harbor Act, Congress authorized the USACE to dredge Oregon Inlet's ocean bar navigation channel to a depth of 14 feet. • May, 1988: EA/FONSI, Maintenance Dredging of Ocean Inlets and Connecting Channels Within the U.S. Army Corps of Engineers, Wilmington District, With a Sidecast or Hopper Dredge. • November 1990: EA/FONSI, Emergency Maintenance Dredging Manteo-Oregon Inlet Channel, Discharge of Dredged Material in Oregon Inlet, Vicinity of the Herbert C. Bonner Bridge, Manteo (Shallowbag) Bay Project, Dare County, North Carolina. • December 1990: EA/FONSI, Maintenance Dredging Manteo-Oregon Inlet Channel, Discharge of Dredged Material at Oregon Inlet, Vicinity of the Herbert c. Bonner Bridge, From December 1990 through March 31, 1991, Manteo (Shallowbag) Bay Project, Dare County, North Carolina. • July 1990: EA/FONSI, Discharge of Dredged Material on Pea Island National Wildlife Refuge and Advanced Maintenance of the Oregon Inlet Channel, Manteo (Shallowbag) Bay Project, Dare County, North Carolina. • September 1990: EA/FONSI, Maintenance Dredging of New Alignment of Manteo-Oregon Inlet Channel, Vicinity of Old House Channel, Manteo (Shallowbag) Bay Project, Dare County, North Carolina. • June 2002: EA/FONSI, Manteo (Shallowbag) Bay Project Maintenance of Oregon Inlet Bar Channel, Channel Widener. US Army Corps of Engineers Wilmington District. • September 2004: EA/FONSI, "Use of Government Plant to Dredge in Federally Authorized Navigation Project in North Carolina". • Division of Water Resources 401 Water Quality Certificate #20190264 issued to Dare County on April 26, 2019. • CAMA Major Permit #49-19 issued to Dare County on June 24, 2019 Coastal Protection Engineering of North Carolina, Inc. 25 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA COASTAL Page 126 PROTECTION E NSIN EERINOdW • Department of Army Individual Permit #SAW-2019-0175 issued to Dare County on April 20, 2020 • National Park Service FONSI and Special Use Permit #USA20-9500-008 issued to Dare County on June 11, 2020. 2.1.10 6h. Signed Agent Authorization Form. See Appendix B. 2.1.11 6i. Wetland delineation, if necessary. Not applicable. 2.1.12 6j. Signed AEC Hazard Notice. See Appendix B. 2.1.13 6k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. SEPA compliance has been met by the development and authorization of the federal project. Coastal Protection Engineering of North Carolina, Inc. 26 NORTH CAROLINA Environmental Otralitr August 27, 2021 MEMORANDUM: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management FROM: Heather Coats, Beach & Inlet Management Project Coordinator NCDEQ - Division of Coastal Management 127 N Cardinal Drive Ext., Wilmington, NC 28405 (Courier 04-16-33) heather.coats(a)NCDEN R.gov SUBJECT: CA MA /Dredge & Fill Applicant: Dare County Oregon Inlet Channel Maintenance Project Location: From Oregon Inlet extending to Old House Channel, adjacent to the Atlantic Ocean, in Dare County Proposed Project: Applicant is proposing to modify the permit to allow an increase in the permitted dredge depth within the ocean bar channel and allow limited use of sidecast dredging. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by September 2Z 2021. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7302 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE DATE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Dare County Oregon Inlet Channel Maintenance —Major Mod Permit No. 49-19 2. LOCATION OF PROJECT SITE: The project site is located at Oregon Inlet extending to Old House Channel, adjacent to the Atlantic Ocean, in Dare County. Approximate Coordinates — Lat: 35°47'10.49"N (start/east)/ 35°45'40.16"N (end/west) Long: 75°31'39.50"W/ 75"35'23.0111W INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — N/A / Was Applicant Present — N/A 5. PROCESSING PROCEDURE: Application Received—7/14/21 (complete 8/5/21) DWR Pre-app fling date: 3/l/21(scoping) & 7/1/21 (online) DWR 30-day date: 3/31/21 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing — N/A Planned - N/A (F) Type of Structures: Existing — Federal channel, NCDOT bridge & terminal groin Planned — Maintenance authorization for dredging of the federal channel (G) Estimated Annual Rate of Erosion: N/A SBF: NIA 7. HABITAT DESCRIPTION: [AREA] DREDGED FITJ,P.D QTNRR (A) Vegetated Wetlands (coastal) (B) Other (Below MHWW) *No change in *No change in previously authorized previously authorized impacts. im acts. (C) Other (Above MHW) (H) Total Area Disturbed: *No proposed change to previously authorized area of impact. (1) Primary Nursery Area: No (J) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant is proposing to modify the permit to allow an increase in the permitted dredge depth within the ocean bar channel and allow Iimited use of sidecast dredging. D_EQ0NOMM rA5W-M North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910,796.7215 Dare County Oregon Inlet Channel Maintenance Project- Major Mod 49-19 Page Two 9. PROJECT DESCRIPTION: Oregon Inlet is located between Bodie Island to the north, which is part of Cape Hatteras National Seashore, and Pea Island National Wildlife Refuge, which is located south of the inlet in Dare County. While primarily undeveloped, a former U.S. Coast Guard Station is located on Pea Island. The building is listed on the National Register of Historic Places. Oregon Inlet Fishing Center is located immediately north of the project vicinity on the sound side of Bodie Island and Oregon Inlet Campground is located on the south end of the island to the east of the Fishing Center. The Basnight Bridge spans the inlet connecting the two islands via NC Highway 12.Oregon Inlet is a highly trafficked means of access between the Atlantic Ocean and Pamlico Sound, both by commercial and recreational vessels. The current bridge has constrained navigation from the ocean to sound and the inlet's interior channels through a primary navigation span measuring 130' in width. The inlet is currently maintained by the U.S. Army Corps of Engineers (USACE) Wilmington District via special purpose hopper and sidecast dredges, as authorized under the Corps' 2004 Finding of No Significant Impact (FONSI) and DCM Federal Consistency Determination DCM 2004-0061. This authorization allows for year-round dredging at Oregon Inlet. Since 2016, Dare County and the State of NC (through the Division of Water Resources) have contributed supplemental funding to the USACE for maintenance of the inlet. However, concerns regarding continued federal dredge plant availability led to the allocation of $15 million from the State's Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund to be provided to Dare County as a local partner for the purchase of a privately -owned hopper dredge for maintenance of the shallow draft navigation channels and permits to be issued for Dare County to conduct dredging assuming the same conditions as the federal authorization. State CAMA/Dredge & Fill Permit No. 49-19 was issued to Dare County on June 24, 2019, The USACE permit (SAW-2019-0175) was issued on April 20, 2020 and the NC Division of Water Resources issued the 401 Water Quality Certification on April 26, 2019 (Project # 2019 0264). The project boundaries extend from the Ocean Bar Inlet Channel to Hells Gate Channel to Old House Channel. While channels lengths and locations vary due to the federal channel authorization following deep water rather than a fixed location, Oregon Inlet and the ocean bar was previously authorized to a maximum width of 400 feet and a depth of -14' MLLW. The channel from Oregon Inlet to Hell's Gate is referenced in the federal authorization as approximately 16,050 feet in length, 100' in width, and dredged to a depth of -12' MLLW. Old House Channel Range I is authorized at 100' wide and at a depth of -12' MLLW, and at 2,850 feet in length. Due to the fluctuation in the location of deep water over the years, federal dredging of Old House Channel expanded from Range 1 to include Range 2 and Manteo Channel Range 17 Extension; however only Range 1 was included in the County's permit authorization. Dredging in the inlet and connecting channels was authorized to be conducted by hopper dredge meeting federal dredge plant specifications, with dredged material disposal at a 5000' length near -shore area south of Oregon Inlet and adjacent to the north end of Pea Island, or in deep scour holes beneath the remaining portion of the Herbert C. Bonner Bridge, as needed. Historically, the USACE has dredged the project area at Oregon Inlet frequently in an effort to maintain navigation. The waters of Oregon Inlet and Old House Channel fall within the Pasquotank River Basin, as classified by the NC Division of Water Resources (DWR). The waters adjacent to Oregon Inlet are classified as SA by the DWR. The NC Marine Fisheries Commission has NOT designated the area to be impacted as a Primary Nursery Area, and the area is open to the harvesting of shellfish. DEQ�� e..r�rtrrwwrryrq� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Dare County Oregon Inlet Channel Maintenance Project- Major Mod 49-19 Page Three PROPOSED PROJECT: An interagency scoping meeting was held on March 1, 2021 to discuss the proposed actions. At that time, the applicant was proposing to deepen the ocean bar channel, add the use of sidecast dredging, and was also considering channel widening and a proposal to allow the use of an additional (private) special use dredge plant. In response to agency feedback and subsequent discussions with the USAGE, the applicant has eliminated channel widening and the use of the other dredge plant and is now proposing to increase the depth of the ocean bar channel through the addition of a 2' overdepth allowance and also allow for the limited use of a sidecast dredging in all authorized channels. As proposed, the modification would allow for an increase in ocean bar channel excavation to a depth of -14' MLLW +2' overdredge allowance. The applicant states this is in beeping with the USACE's authorization to dredge the ocean bar channel to -14' MLLW with a 3' overdredge allowance, and they are reducing the proposed overdredge allowance to 2' to conform with the state's definition of a shallow draft navigation channel (see p. 14 of Narrative). Use of the sidecast dredge would be limited to the shallower shoaled areas having channel depths Iess than 8' where a pilot channel is needed to accommodate the special purpose hopper dredge's deeper draft. The applicant has also committed to a moratorium of April I through July 31 for sidecast dredging to minimize impacts to fisheries resources, unless otherwise coordinated with the USACE and DCM, in consultation with the appropriate resource agencies. Otherwise, all other project specifications remain unchanged. 10. ANTICIPATED IMPACTS The proposed changes would not increase the previously authorized areas to be impacted, but the first project was originally projected to result in impacts to up to 167 acres of submerged bottom. Up to 287 acres of nearshore disposal site was originally identified as potentially impacted, as well as an unquantified area at the remaining Bonner Bridge bents in cases of scour holes. However, it should still be noted that actual impacts will be dependent on future conditions at time of work and are subject to vary due to the location of the deep water channel. All channels widths remain unchanged, as do excavation depths for Hells Gate and Old House Range I Channels. Increasing channel depth is not expected to result in any significant impacts. The sidecast dredging would result in temporary increases in turbidity. The applicant has stated that every effort would be made to discharge dredged material into deeper water, when possible. The moratorium between April I and July 31 for sidecast dredging is also intended to minimize potential impacts to fisheries resources. Submitted by: Heather Coats Date: August 6, 2021 Office: Wilmington DEQ� oi—r a&W—WQft North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.7%J215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Mr. Brad Rosov CPI 4038 Masonboro hoop Road Wilmington, NC 28409 Dear Mr. Rosov: NORTH CAROLINA Environmental Quality August 23, 2021 The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Dare County, for State approval of the Major Modification for Permit No 49-19, for dredging of Oregon Inlet and connecting channels, located in Dare County, adjacent to the Atlantic Ocean. It was received as complete on 8/5I21 and appears to be adequate for processing at this time. The projected deadline for making a decision is 1-0/19/21. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from 8/5/21 you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the applicant and project designer/consultant. NCGS I I3A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post copies of this notice at a conspicuous point along the project area where it can be observed by the public. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency_ Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, y atz Heather Coats Beach & Inlet Management Project Coordinator cc: Jonathan HoweU/Ron Renaldi, DCM Josh Pelletier, COE Bobby Outten, Dare County DNOS Carolina cf Envimnmental Quality I Wslon of Coastal lalanagement � E Q 5 Wilmington office 1 127 Carpal Drive Extension I Wilmington, North Carolina 28405 wsa�; r�axnea UN zLL oo a a� •� J � _ a� CO)0 LU LLJ CL C O J LLv, Q [ U ' ' OO Zll NNW CZ J• CZ ui •N O = o = o L� E �� zr- C o EL4w CD D a�. a o (D M . M o 5 CL.cm a. c - o a -� W ,� C3 C) M W� Q c L Co 0 cti c c ; v a U) w, GD O� co is El Q,. c� CL c o Q y � NORTH 7,3LINA Envirruwr. rand Duality August 27, 2021 legals@thecoastlandtimes.com 2 Pages The Coastland Times Legal Advertisement Section Re: Major Public Notice for: • Dare County ROY COOPER Governor ELIZABETH BISER Secretary BRAXTON DAVIS Director, Division ofComtalManagemem Hello: Please publish the attached Notice in the Wednesday, September 1, 2021 issue of The Coastland Times. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to: Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 25405, 910-796-7226. Paying by credit card. Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: MHC Files USAGE Tanya Support & Customer Assistance State ofNorth Carolina I Environmental Quality ! Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On August 23, 2021, The County of Dare proposed to moth State Permit No. 49-19 to allow an increase in the permitted dredge depth within the ocean bar channel & allow limited use of sidecast dredging in the Oregon Inlet Channel extending to Old House Channel, adjacent to the Atlantic Ocean, in Dare County. Copies of these applications can be examined or copied at the office of Heather Coats N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7302 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to September 22, 2021 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. ma �m rnvd ¢ � o 0°o z ❑❑ ^❑❑ a� n -mQ LLI iv m �U11 W CL d a m-di C3 Lu } fC C� .21 . X ai O g U) R To }Q m tTrr N A cc cco 0 ��❑ I o m it m m m mmmm❑0 , R,21 U m 53'C C m p _u CM p rn ca 0 E o E r rr cmm (D a p0 w ��; 0 M A m N E O 0 E7 Z p n nj C ` r p a- N IJ (D m p o c�i a o a m Z o � ti Ln CA us CD ' 'u -- E E cm as � v N r�� O ru �0 09 ca ca L f��rA�n r L to m •ice..• CO -a+ ❑. �'' cC O m �- UCLCUri N m n U Im € m '° x Z. ❑ m ❑ 'Em 9 '� E 3 mm ES Q � �❑ ❑❑ ;`y N LLI LV �'•" � ma m a 1 vmp kcc m ni o 7 �• N o E 'C >, m 2 � O� O .8 a .. C C m U N 'c a r Ott m .2 U p E E w U .2 .tQ.7 U U (D Q >, III L w Q 0 c r: O ° U a y a¢ 1 ■ � �r CU CO = Ln p o = Ln a o- r cr M cn M S p o n 0E Ln j- EEMM ilk L ¢ ru = 0 4 m C9 W 0 0 N i p d A z IL O 0 CV a or E r°Sc U N E 0 a Ln r� m c M N p o Ln M IT- Z BI C7 R CD Q CD CJ nai p >, p � Ln r co CLI CO M E ti !lU p M Ln Er U- ED M M p Ln CC.[ Qo tp 0 O ON 0 LO z a a N N Major Permit Fee Schedule Project Name: Ma�J ©� County: Check No & Amount: DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I Prvate, non-commercial development that does not involve the filling or excavation of any wetlands or open water $250 100% ($250) 0% ($0) yeas: 11. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) III For development that involves the (ling andlor excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial 1 development, if General Water Quality Certification No. 4144 (See attached) can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial development, if General Water Quality Certification No. 144 (See attached) can be applied: $400 100% ($400) 0% ($0) III(C). If General Water Quality Certification No 4144 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life. $400 60% ($240) 40% ($160) III(D) If General Water Quality Certification No. 4144 (see attached) cannot be applied: $400 60% ($240) 40% ($160) IV Development that involves the filJ andlor excavation of more than oneof wetlands andlor open water areas$475 60% ($285) 40% ($190)