20131279 Ver 5_CAMA Application_20220330

C UASTAL
PROTECTION
Er IHEERIPi
March 25, 2022
Heather Coats
Division of Coastal Management
North Carolina Depailtnent of Environmental Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
Joshua Pelletier
U.S. Army Corps of Engineers
Washington Regulatory Field Office
2407 West Fifth Street
Washington, NC 27889
Brad Rosov
Project Manager/Senior Marine Biologist
Coastal Protection Engineering of North Carolina, Inc.
4038 Masonboro Loop Road
Wilmington, North Carolina
Tel: [phone]
[e-mail]
Re: Permit Modification Request for the Hatteras Inlet Channel Maintenance Project (CAMA
Major Permit #129-16 and Dept. of Army Permit #2016-02140): Extension of Dredge Corridor
and One -Time Relief from Dredge Moratorium for Maintenance Dredging Within South Ferry
Channel
Dear Ms. Coats and Mr. Pelletier:
As you are aware, the Division of Coastal Management (DCM) issued CAMA Major Permit #129-16 to
Dare County for the County's proposed Hatteras Inlet Channel Maintenance Project on December 22,
2016. The United States Army Corps of Engineers (USACE) issued a Depailment of Army (DoA)
Individual Permit #SAW-2016-02140 on March 1, 2017 to Dare County for the same action. Prior to the
issuance of permits, an interagency scoping meeting was held on August 16, 2016. As stated in the permit
application packages, Dare County was seeking permits that would allow for the utilization of US Army
Corps of Engineers (USACE) dredges to conduct maintenance dredging within South Ferry Channel in
an attempt to reestablish the navigability from Ocracoke Island and Hatteras Island into Hatteras Inlet.
Dredging activities would be performed by USACE-owned dredge plants (sidecast dredge and special
purpose dredges) within a 150' wide channel excavated to -12 ft. MLW depths from within the proposed
South Ferry Channel corridor. Material excavated by a special purpose dredge would be disposed in a
nearshore disposal site in the Atlantic Ocean just south of Ocracoke Island which had been previously
authorized for use by the USACE. The permits issued to Dare County for this action specified that
dredging would not be permissible outside the environmental dredge window of April 1 to September 30
without prior approval from DCM and USACE in consultation with appropriate resource agencies.

A minor permit modification to the CAMA Major permit was issued by DCM on March 14, 2018 allowing
for 1) a one-time open water disposal of up to 500 cubic yards of material; 2) the widening of the permitted
channel width from 150 ft. to 200 ft., and 3) a modification of the extent of the dredge corridor following
a cultural resources survey. The USACE issued a modification to the DoA Permit #SAW-2015-02140 on
March 5, 2018 allowing for an increase of the channel width to 200 ft.
On January 22, 2020, the CAMA Permit #129-16 was renewed and remains valid through December 31,
2024. The DoA Individual Permit #SAW-2016-02140 remains valid through March 1, 2027.
In the spring of 2020, permit modifications allowing for the North Carolina Department of
Transportation's (NC DOT) cutterhead pipeline dredge to perform a one-time event to dredge a channel
200 feet wide to a depth of -12 feet mean low water (MLW) within the Hatteras Inlet Connector Channel
corridor with disposal of the dredged material at the NCDOT upland disposal site at the north end of
Ocracoke Island, Hyde County, North Carolina were requested. The modification request also included
relief from the dredge moratorium such that dredge could operate through June 15, 2020. DCM
subsequently issued a minor permit modification on April 3, 2020 and the USACE modified the County's
DoA permit on May 4, 2020.
A third minor modification to the CAMA Major permit (#129-16) was issued by DCM on January 18,
2022 allowing for the use of the Dredge Miss Katie to perform the same dredging operations within South
Ferry Channel as already permitted for the specified USACE dredges. The USACE issued a second
modification to the DoA Permit ##SAW-2015-02140 allowing for the same action. The Miss Katie is still
under construction but is expected to be operational this summer.
Since the issuance of the initial permits, Dare County has implemented ten maintenance dredging events
within South Ferry Channel utilizing the sidecast dredge Merritt and the special purpose dredges Currituck
and Murden. Through coordination with regulatory and resource agencies, several of these events were
authorized to be performed outside the environmental dredge window due to shoaling which severely
limited navigation to the inlet.
On March 17, 2022, Coastal Protection Engineering of North Carlina, LLC (CPE) submitted a letter to
each of you on behalf of Dare County requesting permit modifications allowing for a one-time use of a
mechanical dredge to operate within a portion of South Ferry Channel to remove less than 5,000 cy of
sandy material to a depth of -5' MLLW. This action would have served to a create a pilot channel such
that the Merritt could operate and perform approximately 2 weeks of maintenance dredging from within
the same area within the channel corridor as depicted in the drawings submitted in the February 8th
Written Notice.
On March 16, the US Coast Guard (USCG), conducting reconnaissance work to locate safe navigation
through Hatteras Inlet, marked a channel running north of a portion of the previously authorized channel
corridor. On March 18 and March 22, the USACE collected additional bathymetric surveys of the area.
These surveys identified the alternate channel first marked by the USCG. Based on feedback provided by
the USCG, the conditions within this northern channel are better suited for successful and safe navigation
and should be considered the preferred channel targeted for maintenance dredging. Although portions of
the channel require immediate maintenance, the USCG was able transit through the channel and gain
access to Hatteras Inlet earlier last week; however, the navigational buoys at South Ferry Channel were
pulled by the Coast Guard earlier last week. It has been determined that this preferred channel contains
water depths suitable for the utilization of the USACE sidecast dredge Merritt to perform the required

maintenance dredging. Therefore, the need to create the pilot channel via the mechanical dredge within
the original channel location is no longer needed. Accordingly, Dare County respectfully retracts their
March 17 2022 request to operate the mechanical dredge within that portion of South Ferry Channel.
With that in mind, Dare County is now seeking permit modifications allowing for maintenance dredging
by the Merritt within the new northern channel location. As shown in Figure 1, this 150'wide channel
extends 2,116' and serves to connect Sloop Channel to Hatteras Inlet. Its footprint is situated no less than
1,500' from existing SAV resources, based on the most recent survey available depicting SAV
occurrences within the project area. Therefore, the proposed maintenance dredging activity will comply
with CAMA Major Permit #129-16 Condition #4 which states that all dredging activities shall occur a
minimum of 100' from all SAV beds. Once work begins, it is expected that the Merritt would require
approximately 21 days to dredge the channel to operational conditions (-8 ft NAVD88). Therefore,
because dredging would occur past April 1, this permit modification includes a request for a one-time
relief from the dredge moratorium.
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Notes
Legend
1) Background imagery taken an L 1 2018 Cultural Resource Survey Area
May 21, 2021 and provided by
Proposed Channel Connector
ESRI Basemap Services.
Connector Channel Polygon
2) Bathymetric survey data collected SAV
on March 18 and 22, 2022 by- - - SAV 100tt Buffer
USAGE.
Cables
Depth (ft MLLW) 10 -8
4 and Shallower_ 12 - 10
6-4 14-12 0 1,250 2,500
7-6 15-14
8 - 7 - 15 and Deeper Feet
Figure 1. Location of proposed channel to be dredged by the Merritt. Note: A 500' segment of this proposed channel
is located outside of the permitted dredge corridor.
In 2017, a comprehensive underwater archaeological survey was performed within the majority of the
permitted channel corridor. In doing so, the area within the survey domain satisfied CAMA Major Permit
#129-16 conditions #8 which states:

In order to ensure that dredging activities do not adversely impact potential submerged
archaeological resources, including shipwrecks, initial maintenance dredging of existing shoaled
areas shall be limited to those areas determined by the Division of Coastal Management to have
been previously dredged. Prior to the initiation of dredging activities in any area determined by
the Division of Coastal Management to be outside of previously dredged areas, a comprehensive
underwater archaeological survey shall be carried out for the entire project area. This underwater
archaeological survey, which shall be designed in coordination with and approved by the
Underwater Archaeology Branch of the Department of Natural and Cultural Resources, shall
assess potential effects on these resources, and as necessary establish appropriate no -work zones
around such resources.
Although the channel proposed for maintenance dredging under this permit modification request lies
within the domain of the connector channel corridor shown in the original 2016 permit applications, it
includes a 500' long segment which extends beyond the confines of the archeological survey completed
in 2018 (Figure 1). CPE is in coordination with the Underwater Archaeology Branch of the Department
of Natural and Cultural Resources (DNCR) to determine if any additional actions will be required prior to
being given their clearance to proceed. No dredging activity within this area will commence prior to the
issuance of clearance by DNCR.
Project drawings are under development and will be submitted to you as soon as possible. In the interim,
in the interest of time, we hope that you will begin to review this proposed permit modification and initiate
any required coordination processes.
We recognize that this permit modification request comes at the heels of the March 17th request that we
are now retracting. We also hope you recognize that the processes involved with attempting to maintain
access through South Ferry Channel has been as dynamic as it's shifting shoals which has resulted in this
abrupt change in the County's course of action. The prompt reestablishment of dependable navigation
between Sloop Channel and the Atlantic Ocean is of the utmost importance to the USCG to continue its
mission of responding to mariners in distress and to the economy of Hatteras Island which depends on
save navigation for its charter boat fleet. Our intention is to provide you and the resource agencies with a
high level of communication prior to, during, and after each dredge event even when the ever -changing
conditions make that a challenge. We apologize for any confusion and continue to appreciate your
continued support and guidance through this process. Please reach out to me should you need any
additional information or have any questions in regard to this permit modification request.
Sincerely,
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
Brad Rosov
Senior Marine Biologist