HomeMy WebLinkAbout20190264 Ver 4_CAMA Application_20221017DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Dare County; Central Dare County Channel Maintenance &
Dredge Material Management; Federally Authorized Channels —Northern Section
2. LOCATION OF PROJECT SITE: West of Basnight Bridge & Oregon Inlet in Pamlico
Sound, as well as adjacent Atlantic Ocean, and Roanoke Sound. Approximate
coordinates using Google Earth:
• Near Shore Disposal: Latitude: 35°46'25.79"N Longitude: 75031'24.36"W
• Open Water Disposal: Latitude: 35°45'52.89"N Longitude: 75032'48.53"W
• South end of Range 17 Dredge Ext: Lat: 35°46'21.20"N Long: 75°34'53.44"W
• Range 11 Dredge S of Pirates Cove: Lat: 35053'23.25"N Long: 75°37'49.98"W
• NW end of Range 4B Dredge adj Manteo Lat: 35°55'37.89"N Long: 75039'13.28"W
3. INVESTIGATION TYPE: CAMA & DF
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit Oregon Inlet—08/03/22
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received Complete — 10/06/22
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Dare County
Land Classification from LUP — NIA
(B) AEC(s) Involved: OH, EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Commercial, PubliclGovernment, Private/Community
(E) Wastewater Treatment: Existing - NIA
Planned - NIA
(F) Type of Structures: Existing — NIA
Planned — NIA
(G) Estimated Annual Rate of Erosion: N/A
Source — NIA
7. HABITAT DESCRIPTION: [AREA]
nRFnrFn Mu I r-7n n-rucm
(A) Vegetated Wetlands
NIA
NIA
NIA
(B) Deep bottom & Open water
area
7,342,500 sf
104,128,640 sf
NIA
(C) Total Area Disturbed: 111,471,140 sf (2559 acres)
A Primary Nursery Area: No
(E) Water Classification: Atlantic Ocean — SB; Pamlico Sound & Roanoke Sound —
SA & HWQ Open to Shellfish Harvesting
Field Investigation Report: Dare County; Central Dare County Channel Maintenance &
Dredge Material Management; Federally Authorized Channels -Northern Section
Page 2
8. PROJECT SUMMARY: Maintenance dredge federally authorized channels, with
ranges in the areas offshore of Manteo, Wanchese, and west of Oregon Inlet in the
Roanoke and Pamlico Sounds, with a proposal to deposit dredge spoils in the open
water disposal areas within deep scour holes west of Basnight Bridge and nearshore
disposal off Pea Island in the Atlantic Ocean.
Project Settinq
The project areas are noted as follows:
• Federally authorized navigation channels to be dredged, with a footprint of
±7,362,637 square feet (sf) located in the Roanoke and Pamlico Sounds
• proposed open water disposal area west of Basnight Bridge with a footprint of
±91,624,288 sf located in the Pamlico Sound,
• nearshore disposal area off Pea Island with a footprint of -12,500,000 sf, located in
the Atlantic Ocean.
The areas of the Roanoke Sound, Pamlico Sound, Oregon Inlet, and Atlantic Ocean are
high aquatic traffic areas, used by recreational and commercial vessels. The Inlet has been
maintained by the US Army Corp of Engineers (USACE) via both special hopper and
sidecast dredges and have been authorized under a USACE Finding of No Significant
Impact (FONSI) and Division of Coastal Management (DCM) Federal Consistency
determination.
There are no man-made features on the `tracts', as all work is proposed in open water
areas. Existing land uses on properties outside of the dredging sites include the following:
• Roanoke Sound (Manteo and Wanchese) - single family residences, piers,
bulkheads in the areas of Mother Vineyard and Pirates Cove; Washington Baum
Bridge Boating Access; Washington Baum Bridge; marsh properties; and Wanchese
Marine Industrial Park.
• NCDOT Basnight Bridge spans the Oregon Inlet, which is located between Bodie
Island to the north and the Pea Island National Wildlife Refuge to the south. The
Bridge is the connection for NC 12 and the Outer Banks Scenic Byway.
• A former US Coast Guard Station is located on Pea Island south of the Bridge and is
listed on the National Registry of Historic Places.
• The Oregon Inlet Fishing Center, US Coast Guard Station, and Oregon Inlet
Campground (which is on the Cape Hatteras National Seashore) are located north of
Oregon Inlet.
• There are several private and state-owned islands near the project area(s), some of
which are developed with dwellings, accessory buildings and docking facilities.
Field Investigation Report; Dare County; Central Dare County Channel Maintenance &
Dredge Material Management; Federally Authorized Channels —Northern Section
Page 3
There have been three interagency scoping meetings to discuss Dare County's proposal to
conduct maintenance dredging of the Channels and Inlet using a privately owned hopper
dredge, as well as the management of dredge spoils resulting from federal and non-federal
navigation channels and boat basins. The first meeting was held on 10/21/20, the second
was held on 05/17/21, and the third was held on 01/06/22. Representatives from the
USACE, National Park Service (NPS), USFWS, DMF, DWR, DCM, WRC, DEMLR, and
Dare County were in attendance. Further information regarding these scoping meetings is
included in the Supplemental Information 2, 2.1.1 Project Narrative of the Major Permit (MP)
application package.
Previous State and Federal Permits for this project area include the following:
• CAMA MP #49-19 and major modification for excavation at Oregon Inlet, from the
ocean bar channel to Old House Channel, from Oregon Inlet to Hells Gate Channel,
• 401 WQ Certificate #20190264, amended 06/08/20,
• USACE SAW-2019-00175, modified On 04/30/20 and 02/10/22, and
• NPS Special Use Permit #USA20-9500-008, modified on 09/13/21.
The waters of the Pamlico Sound and the Atlantic Ocean fall within the Pasquotank River
Basin. These waters are classified as Coastal, Joint and Inland Fishing Waters by the NC
Marine Fisheries Commission. The DWR water classification for the Atlantic Ocean is SB;
the water classification for the Pamlico Sound is SA & HWQ. These areas are not
designated as Primary Nursery Areas and are open to the harvesting of shellfish.
Development Proposal
The applicant is seeking authorization to conduct maintenance dredging within federal
navigation projects. The documented need is to reduce the strain on dredge material
capacity over the next few years, while additional long-term solutions are developed.
Dredging would be completed using the "Miss Katie" and/or the USACE special purpose
dredge fleet within Manteo Ranges 4A-4B, 5-14, 14A-C, 15-17 and 17 extension. The total
length of the Channels is noted as 73,425' x 100' (for a total of 7,342,500 sf). The existing
depths range from -2.0 MLLW to -16.0' MLLW, averaging -8.0 MLLW. The final dredge
depth is proposed at -12.0 and -14.0 MLLW, for an average of -13.0 MLLW. Although the
historical dredge data from the federal channels indicated that an additional 80,000 cy of
material may be excavated on an annual basis, the total cubic yards (cy) based on these
averages is 1,359,722 cy. Sediment criteria of material samples from the channels, which
include silt, granular, gravel, wet Munsell value and dry Munsell value, are listed in detail on
page 14 of the Narrative.
Disposal of the dredged material is proposed at two locations, which include the nearshore
disposal site located south of Oregon Inlet and adjacent the northeast end of Pea Island,
and deep scour holes west of the Basnight Bridge in open waters within the Pamlico Sound.
Field Investigation Report: Dare County; Central Dare County Channel Maintenance &
Dredge Material Management; Federally Authorized Channels —Northern Section
Page 4
The dredge material will be delivered to the disposal sites via split -hull special use dredge.
The dimensions of each disposal site area is as follows:
• Nearshore disposal area off Pea Island: 5,000' x 2,500' (±12,500,000 sf), with an
existing depth of -16'.0 MLLW, and a final proposed project depth of -12.0' MLLW.
• Open water (deep scour holes) disposal area west of Basnight Bridge: a pentagon
shaped area with dimensions averaging 13,680' x 6,698' (±91,628,640 sf with an
average existing depth of -20.0' MLLW and a final project depth of -14.0' MLLW.
The application states that 6,523,436 sf of SAV and 1,245,890 sf of Shell Bottom (SB) is
potentially in the areas of the disposal site(s). However, it was further noted that no
dredged material will be disposed of within 300' of any SAV or SB resource. The County
has no title to the disposal areas noted above.
There is no land area proposed to be disturbed in the project area(s).
Anticipated Impacts
Deep bottom habitat
• The proposed dredging of the federally authorized channels will result in impacting
±7,342,500 sf of submerged bottom.
• The proposed disposal of dredge material will result in impacting ±104,128,640 sf of
submerged bottom and open water area.
The proposed dredging and disposal of excavated material will result in temporary increases
of turbidity.
Submitted by: Yvonne Carver
Date: 10/13/22
Form DCM MP-1
1 FORMS
1..1 Form DCM MP-1
Application for Major Permit Development
APPLICATION for
Nalor Development Permit
(vast revised 12/27/06)
U N 1 5 2022
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Project Name {if applicable}
Business Name
CENTRAL DARE COUNTY CHANNEL MAINTENANCE AND
Dare County
DREDGE MATERIAL MANAGEMENT PROJECT,
FEDERALLY AUTHORIZED CHANNELS- NORTHERN
SECTION
Applicant 1: First Name
MI
Last Name
Robert
P
Outten
Applicant 2: First Name
MI
Last Name
n/a
nla
n/a
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address PO Box
C�nteo
P.O. l3ax 1000 1000
M��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. AgentlContractor Information
Business Name
Coastal Protection Engineering of North Carolina, Inc.
Agent/ Contractor 1: First Name
MI
Last Name
Kenneth
Willson
Agent/ Contractor 2: First Name
MI
Last Name
Brad
Rosov
Mailing Address
PO Box
City State
4038 Masonboro Loop Road
Wilmington NC
ZIP
Phone No. 1
Phone No. 2
28409
910 - 399 - 1905
ext.
- - ext.
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
I
Form DCM MP-1 Apolication for Major Permit Development
FAX No.
Contractor #
NIA
Federal ID # 02-06232951
Street Address (if different from above)
city
State
ZIP
N/A
NIA
NIA
NIA -
Email
brosov@coastalprotectioneng.com
3. Project Location
County (can be multiple) Street Address
State Rd. #
Dare Unincorporated Dare County within proximity to Oregon Inlet
NIA
Subdivision Name
City
State
Zip
NIA
NIA
NC
NIA -
Phone No.
Lot No.(s) (if many, attach additional page with list)
NIA - - ext.
N/A, ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Pasquotank
Roanoke Sound 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
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.
NIA
4. site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
NIA
7,362637 sq ft (channels to be dredged); 91,624,288 sq ft
(open water disposal area west of Basnight bridge);
—12,500,000 sq ft (nearshore disposal off Pea Island)
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
NIA
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
NIA ❑NHW or ❑NWL
e. Vegetation on tract
None
f. Man-made features and uses now on tract
Federally authorized navigation channels
g. identity and describe the existing land uses adiacent to the proposed
project site.
commercial and residential structures
h. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
NIA
(Attach zoning compliance certificate, if applicable)
❑Yes ❑No ®NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
1U N 1 5 2022
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
2
�C
Form DCM MP-1 ADDlication for Maior Permit Develonment
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy.
❑Yes
®No DNA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a
❑Yes
®No DNA
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
(ii!) 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.
None.
o. Describe existing drinking water supply source.
NIA
p. Describe existing storm water management or treatment systems.
NIA
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ®Commercial ®PubliclGovernment
®PrivatelCommunity
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Dare County is seeking permits and authorizations for actions that will increase the capacity to manage material dredged
from portions of the federal navigation projects within the central portion of the County. In doing so, safe and reliable
navigation for commercial and recreational boaters within the project area will have the ability to continue. Without
maintaining navigability within this area, the local, regional, and state economy will be impacted. The need of this proposed
action is to reduce the strain on dredge material capacity over the next 2 — 3 years while additional long-term solutions are
developed and permitted. Together, these actions will help to maintain the county's, region's and state's economic viability
while preserving environmental quality and human safety.
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.
Dredging will be performed by the Miss Katie or the USACE special purpose dredges from within Manteo (Shallowbag) Bay
Ranges 4A, 4B, 5-17 extension, and 14A-C. The material dredged from these channels will be disposed of via open water
disposal in the deep scour holes west of the Basnight bridge and/or within the nearshore disposal site off the northern tip of
Pea Island. Details of the specifications associated with the Miss Katie and USACE dredge fleet are described in Section
2.1.2 below 1 , -
d. List all development activities you propose.
See above.
e. Are the proposed activities maintenance of an existing project, new work, or both? Both
f. What is the approximate total disturbed land area resulting from the proposed project? 0 ®Sq.Ft or ❑Acres
g. Will the proposed project encroach on any public easement, public access way or other area ®Yes ❑No DNA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
The dredged material will be disposed in open waters within the deep scour holes west of the Basnight Bridge and/or within
the nearshore disposal area off the northern portion of Pea Island. See Section 2.1.2 below for more information.
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
M
roan vt,rvt ivLr-i Application Tor major Permit ii
f. 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.
$. 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. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DEQ.
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.
See Appendix C for the Adjacent Riparian Property Owners Notifications USPS receipts.
Cape Hatteras National Seashore Pea Island National Wildlife Refuge Off Island Gun Club
1401 National Park Drive PO Box 1969 P.O. Box 11284
Manteo, NC 27954 Manteo, NC 27954 Charlotte, NC 28220
NC DOT State of NC Blue Peter Hunt Club
c/o Pablo Hernandez, PE c/o State Property Office c/o Jim Byrd, Jr.
1321 Mail Service Center 200 Herring Ct.
349 Water Plant Rd, Unit B Raleigh, NC 27699 Nags Head, NC 27959
Manteo, NC 27954
Michael Paul Johnson Cross Trail Outfitters of NC, Inc. Cat Shoal, LLC
P.O. Box 9 P.O. Box 706 301 Fresh Pond Dr., Unit 1
Wanchese, NC 27981 Plymouth, NC 27962 Kill Devil Hills, NC 27948
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 to Dare County on 6124119 401 WO Certificate #20190264 issued to Dare County on
4126/19
Modified CAMA Major Permit #49-19 issued to Dare County on Amended 01 WQ Certificate #20190264 issued to Dare County
12/21/21 on 618120
Dept. of Army IP #SAW-2019-00175 issued to Dare County on Modified Dept. of Army IP #SAW-2019-00175 issued to Dare
12/16/19 County on 2/10122
Modified Dept. of Army IP #SAW-2019-00175 issued to Dare NPS Speciai Use Permit #USA20-9500-008 issued to Dare
County on 4/30120 County on 1/26/21
Amended NPS Special Use Permit #USA20-9500-008 issued to
Dare County on 91131121
h. Signed consultant or agent authorization form, if applicable.
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.
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
4
Form DCM MP-1 Application For M*r Permit Development
i. 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: June 13, 2022 Print Name: Kenneth Willson, Aaent, Coastal Protection Enaineerina of North Carolina. Inc.
l �iy
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
i 8 N t 5 2C22
p M A __
L;C-
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
5
Form DCM MP-2
Excavation and Fill
1.2 Form 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
Canal
goat
Boat
Rock
Rock
Other (excluding
(NLW or NWL)
Basin
Ramp
Groin
Breakwater
shoreline stabilization)
18,813 ft. (longest length) for
the disposal area west of the
73,425 ft (length of all
Basnight Bridge
Length
channels included in
the project area)
5,000 ft (length) for the
nearshore disposal area off
Pea Island
11,455 ft. (longest width) for the
disposal area west of the
Width
100 ft
Basnight Bridge
2,500 ft (width) for the
nearshore disposal area off
Pea Island
Ranges between
-20' MLLW forthe disposal
Avg.
2.0' MLLW to -16.0'
area west of the Basnight
Existing
MLLW with an
Bridge
Depth
average depth of -
-16' MLLW for the nearshore
$.0 MLLW
disposal area off Pea Island
-14' MLLW for the disposal area
Final
-12' MLLW and -14
west of the Basnight Bridge
Project
Depth
MLLW
-12' MLLW for the nearshore
disposal area off Pea Island
9. EXCAVATION ❑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. The material from the various channels included in the
Analysis of the historical dredge data from within federal channels proposed action vary in terms of grain size, % silt, %
indicate that an additional 80,000 cubic yards of material may be granular, and % gravel (see Section 2.1.2 in the
excavated on an annual basis (see Section 2.1.2 in the Supplemental Information below).
Supplemental Information below).
c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards.
(CW), submerged aquatic vegetation (SAV), shelf 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: j U N ) 5 716122
NA
2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
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Form DCM MP-2 Excavation and Fill
Open water disposal of dredged material in deep scour holes 18,813 ft. (longest length) by 11,455 ft. (longest width) for
located west of the Basnight bridge and in the nearshore the disposal area west of the Basnight Bridge
disposal area off the northern portion of Pea Island.
5,000 ft (length) by 2,500 ft (width) for the nearshore
disposal area off Pea Island
c.
e.
(i) Do you claim title to disposal area?
❑Yes ®No ❑NA
(ii) If no, attach a letter granting permission from the owner.
Disposal areas are in the open water, no permission
required.
(i) Does the disposal area include any coastal wetlands/marsh (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 6,523,436 ®SB 1,245,890
❑WL ❑None
(ii) Describe the purpose of disposal in these areas:
Disposal within the deep scour holes west of the Basnight Bridge will
be used to contain material dredged from the channels included in
this permit application and will help facilitate increasing dredged
material management capacity within Central Dare County. No
dredged material will be disposed of within 300' of any SAV or SB
resource
d. (i) Will a disposal area be available for future maintenance?
®Yes ❑No ❑NA
(ii) If yes, where?
The same disposal areas will be available for future
maintenance dredging events.
f. (i) Does the disposal include any area in the water?
®Yes ❑No ❑NA
(ii) If yes, how much water area is affected?
2,103 acres of water column for the disposal area west of the
Basnight bridge
287 acres of water column for the nearshore disposal area off
Pea Island
a. Type of shoreline stabilization: b. Length: ,
❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width:
nourishment
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
e. Type of stabilization material: f. (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.
g. Number of square feet of fill to be placed below water level. h. Type of fill material.
Bulkhead backfill Riprap
Breakwater/Sill Other
i. Source of fill material. ti
4. OTHER FILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? UYes LINo LINA b.
If yes,
(ii) Amount of material to be placed in the water
Based on historic data, up to 110,000 cy of material on an
annual basis
(iii) Dimensions of fill area
• 18,813 ft. (longest length) x 11,455 ft (longest width)
for the disposal area west of the Basnight Bridge
• 5,000 ft (length) x 2,500 ft (width) for the nearshore
disposal area off Pea Island
(i) Will fill material be placed in coastal wetlands/marsh (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:
Aithough material dredged from the Old House Channel Range
2 may be disposed of within the deep scour hales west of the
Basnight Bridge, no material will be placed upon these
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
7
Form DCM MP-2 Excavation and Fill
(iv) Purpose of fill resources listed above due to the inclusion of a 300' buffer.
For the disposal of dredged material
5. 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., dragline,
controlled? backhoe, or hydraulic dredge)?
Dredged material will be deilvered to the disposal sites via split -hull USACE special purpose dredge and the public/private partnership
special use dredge. The dredge will use advanced positioning dredge "Miss Katie".
guidance to ensure that the material is disposed in the precise
location (i.e deep scour holes or in the targeted area in the
nearshore waters off Pea Island).
C. (i) Will navigational aids be required as a result of the project? d, (1) Will wetlands be crossed in transporting equipment to project
❑Yes ®No ❑NA site? ❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize
N/A environmental impacts.
N/A
June 13, 2022
Date
CENTRAL DARE COUNTY CHANNEL MAINTENANCE AND DREDGE MATERIAL MANAGEMENT PROJECT, FEDERALLY
AUTHORIZED CHANNELS- NORTHERN SECTION
Project Name
Dare County
Applicant Name
Kenneth Willson, Agent, Coastal Protection Engineering of North Carolina, Inc.
Applicant Signature
K.
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J U N 1 5 2022
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COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
8
Central Dare County Channel Maintenance and Dredge Material Management Project, Federally
Authorized Channels- Northern Section
2 Supplemental Information K Ly L:i ,
2.1 Per Form MP-1, Section 6a: Project Narrative 111 1 ' 2022
2.1.1 Project scoping and History-%�-_4,
-N ',—
To date, three interagency scoping meetings have convened to discuss the proposed action. The
first interagency scoping meeting was held on October 21, 2020 at 9:30am to bring agency
representatives together to discuss Dare County's desire to establish a plan for the management of
dredge spoils derived from several federal and non-federal navigation channels and moat basins
within the central and southern portion of the County. Attendees included representatives from
Federal and State resource agencies including the U.S. Army Corps of Engineers ((JSACE),
National Park Service (NPS), U.S. Fish and Wildlife Service (USFWS), North Carolina Division
of Marine Fisheries (DMF), North Carolina Division of Water Resources (DWR), North Carolina
Division of Coastal Management (DCM), North Carolina Wildlife Resources Commission (WRC),
and the North Carolina Division of Energy, Mineral, and Land Resources (DEMLR).
Representatives from the Dare County, the Albemarle -Pamlico National Estuary Partnership, and
the County's consultant, Coastal Protection Engineering of North Carolina, Inc. (CPE) were also in
attendance. During the meeting, members of CPE explained that the County was in the process of
identifying new disposal locations for dredged material originating from the maintenance dredging
activities within the central and southern portion of the County. Along with sharing these proposed
disposal locations, CPE stated that a goal of this meeting was to determine the feasibility of
permitting various sites to accommodate the disposal. Several of the proposed disposal options
may provide the County with short-term solutions while other options were described as potentially
requiring a more rigorous permitting approach resulting in a long-term solution. CPE told the
meeting participants a report would be developed and submitted to the County describing the
feasibility of these various disposal alternatives including the anticipated costs, possible funding
sources, environmental documentation requirements, and required permitting approach for each
option_
A second interagency scoping meeting was held on May 17, 2021 at 3:00pm to bring agency
representatives back together to discuss Dare County's desire to implement several project
alternatives described in the aforementioned report to help manage the material to be dredged from
within a number of federal and non-federal navigation channels and boat basins within the central
and southern portion of the County. Among the project alternatives discussed during the meeting
was the dredging and disposal of material included in the proposed action. DCM determined that
the project alternatives that were situated geographically close together may be included within a
single CAMA Major Permit application. DCM also stated that CAMA rule 15A NCAC 7H 0208
(b)(1)(B) specifically states that all dredge material must be disposed of landward of the high-water
line. Therefore, any open water disposal done under the CAMA process would raise concerns.
However, should a project be implemented under federal consistency, it may be evaluated
differently. There was also discussion that keeping the sediment within the system can often be
seen as a much better option than placing it in upland facilities citing recent studies that support the
implementation of demonstration projects using open water disposal to help create habitat. USFWS
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
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Central Dare County Channel Maintenance and Dredge Material Management Project, Federally
Authorized Channels Northern Section
stated that aside from piping plovers and red knots, there are no other listed species that may utilize
some of the proposed disposal areas discussed during the meeting. Therefore, there would be no
need to prepare a Biological Assessment. The North Carolina Division of Marine Fisheries (DMF)
mentioned that SAV and shellfish surveys may be needed (either in situ or using aerial imagery) to
support: any permit application, depending on a given project's specific location.
On January b, 2022, a third interagency scoping meeting convened. This meeting focused on
sharing the specific actions that are included within the proposed project and determining the
appropriate permitting and environmental documentation approach in regard to Dare County's
desire to create additional capacity within the central portion of the County. During the meeting,
representatives from the USACE and DCM indicated that internal discussions would be required
to confirm that a single permit application incorporating the wide range of proposed actions to their
respective agencies would suffice. The USACE subsequently determined that separate Individual
Permit applications should be submitted by the applicant; one including the federal channels and
their associated disposal areas within the project area and the other including the non-federal
channels and their associated disposal areas within the project area. DCM determined that three (3)
separate CAMA Major Permit applications should be submitted by the applicant_ one for the
"northern" federal charmels and their associated disposal areas within the project area (including
Ranges 4A-17 Extension), a second for the "southern federal channel and it's associated disposal
areas (including Old House Channel Range 2), and a third including the non-federal channels and
their associated disposal areas.
The three scoping meetings were attended by representatives of the Division of Water Resources
(DWR) and meets the requirement for requesting a pre -filing meeting under 40 CFR Part 121 for
401 Certifications in accordance with the federal Clean Water Act. 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.
2.1.2 Proposed Action
In response to a request from the United States Army Corps of Engineers (USACE), Dare County
is seeking permits allowing for the use of several of dredge disposal sites in order to increase the
capacity needed for the management of dredged material within the central portion of the County.
In some instances, the creation of this additional dredged material capacity will have the added
benefit of habitat creation. The dredged material will be derived through the maintenance of a
series of federally authorized channels within the project area.
The disposal activities included in this proposed action include the use of the nearshore disposal
site off Pea Island and the disposal of material within deep scour holes west of the Basnight Bridge.
Both of these disposal sites will receive material from designated Federally authorized channels, as
described in greater detail below. The channels included in this proposed project will be dredged
by the newly constructed public/private partnership special purpose/sidecast dredge "Miss Katie"
and by the USACE special purpose dredges on a year-round basis. •.,
1U-Il —is K 2 2
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Central Dare County Channel Maintenance and Dredge Material Management Project, Federally
Authorized Channels- Northern Section
The federally authorized channels in the project area include portions of the Manteo (Shallowbag)
Bay project. Specifically, these include Ranges 4A-4B, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 14A-14C,
15, 16, and 17 Extension (Figures 1 and 2). The dimensions of these channels are described in
Table 1. The federal project was initially authorized. on May 17, 1950 by HD310/81/1 and project
improvements were later authorized on December 31, 1970 (HD 91-303/91/2).
Historically, in order to maintain the navigability of the federally authorized channels within the
project area, the USAGE has utilized their dredge fleet and hired contract dredges to perform
maintenance dredging operations. As depicted in Table 1, records obtained by the USACE have
revealed that portions of the Manteo (Shallowbag) Bay project Ranges 4A through 17 extension
have been dredged within the past 20 years. That being said, the USACE has not performed any
dredging within Ranges 4A-13 since the development of the Wanchese Seafood Industrial Park in
1981 and little to no disposal capacity remains in that area.
The material dredged from these channels have been disposed of in various upland disposal sites in
proximity to the channels. Analysis of the historical dredge data from within many of these federal
channels indicate that an additional 2,240,000 cubic yards of capacity may be needed over the
course of the next 20 years to allow for the continuation of maintenance dredging over that time
span (Table 1).
Table 1. A historical record of dredging activity frequency from within the federally authorized channels in
the project area.
Period of
Number
Total
Volume
Volume
Estimated 20
Channel Name
Ranges
Retard
of
Volume
(CY) I
(CY) I
Year Dredge
Events
(CY)
Event
Year
C Needs
Manteo
(Shallowbag)
1 to 4
2002 - 2020
1
34,000
34,000
2,000
40,000
Bay
Manteo
(Shallowbag)
4A/413
2006-2021
1
134,000
130,000
9,000
180,000
Bay
Manteo
(Shallowbag)
5-13
2006 - 2021
1
80,000
80.000
5,000
100,000
Bay
Manteo
14-17
(Shallowbag)
Ext.
2004 - 2021
6
1,243,000
207,000
73,000
1,460,000
Bay
Manteo
(Shallowbag)
14A-C
2004 - 2021
5
387,000
77,000
23,000
460,000
Bay
1 U N i 5 2022
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
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Central Dare County Channel Maintenance and Dredge Material Management Project, Federally
Authorized Channels- Northern Section
Air Act, as amended. The direct and indirect emissions from the project fall below the prescribed
de minimis levels; therefore, the activities associated with the Status Quo Alternative would not
have any adverse effect on the air quality of the Project Area (USACE, 2004; USACE 2013).
Accordingly, no impacts to air quality would be associated with the proposed project.
2.1.3- 3 Noise
During dredging activities, noise levels will increase above the ambient levels near the dredge area
and at the nearshore disposal site due to the presence of the dredge and personnel. Marine dredging
produces broadband, continuous, low frequency sound that can be detected over considerable
distances and may trigger avoidance reactions in marine mammals (Thomsen et al., 2009) and other
organisms. The sound produced is dependent on many factors including, but not limited to,
sediment type being dredged, type of equipment used, and skill of the dredge operator. The variation
in noise emitted by equipment type is related to how the machinery makes contact and extracts
material from the sea floor. Clarke et al. (2002) performed a study of underwater noise produced
by various types of dredging equipment, including a trailing suction hopper dredge.
For the hopper dredge, which is similar to the special purpose dredges often used in by the USACE,
the majority of the sounds emitted during the active dredging process are produced by propeller and
engine noise, pumps and generators. Most of the sound energy produced fall within the 70 to 1,000
Hz range and is continuous in nature. However, Clarke et al. (2002) reported peak pressure levels
recorded by a listening platform ranged from 120 to 140 dB re 1 [.Pa rms for hopper dredges. A
more recent study evaluated sound levels produced by hopper dredges operating in an offshore
environment during sediment excavation, transport of material, and pump -out of material (Rein et
al., 2014). When averaged across all dredging activities, sound pressure levels averaged 142.31 dB
at a distance of 50 meters, and grew progressively less to 120.1 dB at 1.95 km. At all distances from
dredging activity, sound levels were highest during sediment removal activities and transition from
transit to pump -out. Sounds were quietest during flushing of pipes at pump -out (132.45 dB). At a
distance of 2.5 km, sounds attenuated to ambient levels. Noise levels may only be elevated during
active construction and will return to pre -construction levels upon project completion.
Sound plays an important role in the marine environment; however, the function of sound in the
ecology of many marine animals is not entirely understood. The extraction of sand from the marine
environment produces sound that elevates levels above ambient and may disturb or cause injury to
some marine fauna such as invertebrates, fishes, mammals and sea turtles. For example, in marine
cephalopods, exposure to low -frequency sound was found to cause acoustic trauma to sensory
structures responsible for the animals' sense of balance and position (Andre et al., 2011). Sound
can also prove detrimental to fishes, especially those considered "hearing specialists" that have
specialized hearing structures, and those with swim bladders. The frequency and sound levels
emitted by dredges overlap the range of hearing for some fish species, meaning dredging can cause
adverse effects such as behavioral changes or physiological damage (Thomsen et al_, 2009). Impacts
from dredging noise incurred upon certain threatened and endangered species (e.g. manatees,
whales and sea turtles) are discussed further in Section 5.5. Noise levels may only be elevated
during active construction and will return to pre -construction levels upon project completion and
therefore direct impacts are anticipated to be minimal.
J U N 1 5 2022
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
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FLANGES 4A AND 4B
ro �
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MAIN CHANNEL
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RANGES 14A,B,C
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2990000E - 300000DE• 3090000E
Central Dare County Channel Maintenance and Dredge Material Management Project, Federally
Authorized Channels- Northern Section
Figure 2. Federal channels to be dredged in the proposed action (southern section).
Table 2 depicts the federally authorized dimensions for each of the channels included in the
proposed action including the channels' depths and widths.
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
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Central Dare County Channel Maintenance and Dredge Material Management Project, Federally
Authorized Channels- Northern Section
Tablet. Elements of the Manteo (Shallowbagy) Bav nroiect included fnr Alternative 2
Federal Channel
Channel Dimensions
Manteo (Shallowbag) Bay Ranges 4A and 4B
-12' V I.LW and 100' wide
Manteo (Shallowbag) Bay Ranges 5, 6, 7, 8, 9,10,
11, 12, and 13
-14' MLLW and 100' wide
Manteo (Shallowbag) Bay Ranges 14, 14A, 14B,
14C, 15, 16, 17, and 17 Extension
-14 feet MLLW and 120'
Sediment Characteristics from Areas to be Dredged
Data pertaining to the sediment characteristics within the channels included in the proposed action
were compiled from various sources (Table 3). Legacy sediment data collected in 1978 were
obtained from the USACE pertaining to Ranges 15-17 Extension. Two cores were collected within
Range 15. The top 6 feet of the first core is described as SP-SM, SP (indicating material containing
less than 10% fines) while the other core contained material described as SC (12-50% fines) within
the top 5 feet of the core. The tops of these cores, however, were taken at -14.5' MW and -14.3'
MLW, respectively. Two cores were also collected within Range 17. The top of one core was at -
11.1' MLW and contained material less than 10% fines within the top 8 feet of the core (SP and
SP-SM). The other core, with a top elevation of -9.5' MLW, contained 3-12% fines within the top
5.5 feet (SP-SM). In Range 17 Extension, a single core was collected with the top elevation at -
11.9' MLW. The top foot of the core is described as CH (>50% fines) while the 1.5' below that
contained SP (<3% fines). The next 2.5' below contained material described as SP-SM (3-12%).
For the most part, this data confirms that the material from Range 15 through 17 Extension is
primarily sandy material.
In August 2021, a field campaign was initiated to collect vibracores from Ranges 4A, 413, 5-7, 14,
and 14A-C. The sediment characteristics from these areas, including the mean grain size, percent
silt, granular, gravel, and Munsell color value, are summarized in Table 2. Percent gravel, sand, and
fines were calculated. For the purposes of this document, gravel is defined as sediment greater than
4.75 mm (No. 4 Sieve Size), sand is defined as sediment less than 4.75 min and greater than 0.0625
mm (No. 200 sieve size), and fine is defined as sediment less than 0.0625 mm (No. 230 sieve size).
Table 3. Sediment characteristics of material sampled from channels associated with the 2021 field campaign.
Federal
Channel
Mean
Grain Size
mm
% Silt
%Granutar
% Gravel
wet
Munsell
Value
Dry
Munsell
Value
Range 4A
0.12
78.28
0.00
0.00
3
4
Range 4B
0.20
49.00
0.23
0.05
4
5
Range 5
0.13
75.79
0.19
0.00
3
5
Range 6
0.11
77.32
0.01
0.00
3
5
Range 7
0.15
48.28
0.06
0.00
4
5
Range 14
0.17
47.69
0.10
0.04
3
5
Range 14A
0.28
54.00
0.27
0.09
4
5
Ran a 14B
0.13
94.61
0.00
0.00
3
3
Rang 14C
0.17
93.57
0.00
0.00
2.5
4
2022
COASTAL PROTECTION ENGINEERING OF NORTH CAROL.INA, INC.
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Central Dare County Channel Maintenance and Dredge Material Management Project, Federally
Authorized Channels- Northern Section
Due to funding limitations, the 2021 vibracore campaign did not include the collection of cores
from within Ranges 8-13 as those areas were determined to be lower priority due to the lack of
dredging needs in these sections over recent years. Although no recent or historical geotechnical
data from within Ranges 8-13 has been located, it is presumed that the material from within those
channels are similar to the ranges located to the north and to the south. Historically, the majority
of the material dredged from within these channels have been disposed within upland areas
including "bird islands". Although Golder et al. (2008) recommends that bird islands should be
comprised of at least 90% sand, sand/shell, or sand/gravel, according to Landin (1986), fine material
can be utilized as well. The stability of these bird islands can be increased with the use of fine-
grained material, however to maintain their intended use for bird habitat, the deposition of coarse
dredged material over the fine substrate is recommended (Landin 1986). The bird islands that have
been created through the use of the material within these channels have served well and function as
intended, despite containing dredged materials with greater than 10% fines in some instances. In
consideration that material from within the project area has been deemed suitable for the creation
and maintenance of bird islands, which in general requires sandy material, it can be inferred that
the material to be dredged will be similar in nature as well.
Proposed Disposal Areas
Material dredged from within the federally authorized channels included within the proposed action
will be disposed of within the deep scour holes located west of the Basnight bridge and via open
water disposal in the nearshore waters off Pea Island (Figure 2). The disposal area west of the
Basnight bridge encompasses 2,103 acres. The northern extent of the nearshore disposal site off
Pea Island is located approximately 1,500 ft south of the inlet shoulder and spans 5,000 ft
southward. Disposal of material within this area is limited to proximity of the -14 fit MLLW contour
(Figure 2) and encompasses approximately 287 acres. Both of these disposal sites have been
previously authorized for used. The USACE currently has the ability to dispose of material dredged
from Old House Channel Range 1 into these open water sites; this authorization was codified within
the 1992 FONSI entitled "Maintenance Dredging and Dredged Material Disposal Plan Oregon Inlet
and Vicinity Manteo (Shallowbag) Bay Project" and the 2004 FONSI entitled "Use of Government
Plant to Dredge in Federally Authorized Navigation Projects in North Carolina" (USACE, 1992;
USACE 2004). Although the 1992 FONSI provides authorization for the USACE to utilize the
deep scour holes, until only recently and through specific coordination with agencies has the
USACE used this option (personal communication, T. Horton, March 1, 2021).
The material placed within the deep scour holes west of the Basnight Bridge will result in a post -
disposal elevation no higher than -14 ft MLLW such that navigation will not be impeded. In order
to ensure that the material is disposed of within the planned deep water location, the dredge operator
will use geopgraphic positioning systems to position the vessel in proximity of the disposal area
and then open the split -hull doors to unload the material as the vessel moves forward at idle speed.
This will prevent mounding within the disposal area. Disposal of material within the nearshore
disposal site off Pea Island will be limited within proximity of the -14 ft MLLW contour. The
dredge operator will avoid mounding in this area as well by avoiding multiple loads being
discharged upon each other at the same location (Potter, pers. comm).
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Central Dare County Channel Maintenance and Dredge Material Management Project, Federally
Authorized Channels- Northern Section
In 2021, Dare County obtained permits (CAMA Permit #49-19 and Department of Army Permit
#SAW-2019-00175) to operate a newly constructed special purpose dredge called the "Miss Katie"
to supplement the USACE's efforts to maintain navigation within the proximity of Oregon Inlet
including Old House Channel Range 1. Along with USACE, material dredged by the Miss Katie
from within Old House Channel Range 1 may be disposed of within the deep scour holes west of
the bridge and within the nearshore disposal site frequently used by the USACE located off Pea
Island, and via sidecast dredging within Old House Channel Range 1 to create "pilot" cuts allowing
for special purpose dredging to commence.
Proposed Dredge Plant
USACE Dredge Fleet
Since 2004, the USACE has utilized their fleet of special purpose dredges to maintain channels in
proximity to Oregon Inlet with the ability to dispose of dredged material within the deep scour holes
west of the Basnight bridge or in the nearshore waters off Pea Island. The special purpose dredges,
the Currituck (Figure 3) and the Murden (Figure 4), operate by filling a small hopper with the
material and transporting it to designated disposal areas. While operating, water pumped into the
hopper is overflowed (to provide an economic load of sand) since the dredged slurry entering the
hopper contains about 20% sand and 80% water. Once the desired load is obtained, the sediment is
taken to the disposal location where the split hull hopper is opened and the sediments are dumped
into open water.
Based on recent operations, the Currituck can remove between 2,000 to 2,500 cubic yards per day.
Production rates for the Murden average between 2,500 to 3,000 cubic yards/day. Production rates
for the two dredges depend on the location of the disposal sites. The working speeds of these special
purpose hopper dredges range between 1 and 3 knots, and travel speeds range from 7 to 10 knots.
The dredges normally maintain shallow channels with depth between -4 - and -14 feet MLLW.
Daily operating costs for the Currituck is currently $18,000/day while the Murden costs
$22,800/day based on a 12-hour day.
Figure 3. The special purpose dredge Currituck.
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Central Dare County Channel Maintenance and Dredge Material Management Project, Federally
Authorized Channels- Northern Section
Figure 4. The special purpose dredge Murden.
Private/Public Dredge "Miss Katie"
Recognizing the need for greater dredging capacity within the state, Senate Bill 99 of Session 2017
was passed by the North Carolina Senate and provides for the construction of a privately owned
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. At this time, the new dredge, named the Miss
Katie, is under construction and is anticipated to be operational in the summer of 2022. According
to the design, the dredge will have an overall length of 156' 3" and a beam of 35'. It's draft, when
loaded, will be approximately 9' 5" (Figure 5).
t UN 1 5 Zi�2,2
DCW-
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
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Central Dare County Channel Maintenance and Dredge Material Management Project, Federally
Authorized Channels- Northern Section
Figure 5. Digital rendering of the Miss Katie (photo courtesy of Jensen Marine)
Because the Miss Katie is intended to compliment the dredging efforts that the USACE dredge fleet
currently undertakes within the waters of North Carolina, many of the specifications for USACE
special purpose dredges authorized for year-round use the project area are included with the Miss
Katie to reduce the potential for impacts to biological resources. In 1998, the USAGE drafted a
Biological Assessment (BA) entitled "Use of the Sidecast Dredges Fry, Merritt, Schweizer, and the
Split -Hull Hopper Dredge Currituck in Coastal United States Waters"_ Due to concerns with
possible impacts to swimming sea turtles and other biological resources, the BA describes a number
specifications included with the design and specifications of the authorized dredges. These design
considerations are intended to reduce the risk of impacts to these resources. These include:
Draghead suction limited to an average 350-horsepower with a maximum horsepower of
400-horsepower.
The draghead sizes limited and range from approximately 2 feet by 2 feet to 2 feet by 3 feet.
The draghead openings are further subdivided on their undersides by gridded baffles with
openings ranging from about 5 inches by 5 inches to 5 inches by 8 inches. These baffles
restrict the size of objects which can enter the dredge draghead.
The subsequent Biological Opinion (BO) issued by NMFS later that year states:
"Based on our consideration of the best available information, we believe that the year-
round operation of the hopper dredge Currituck and the sidecast dredges Fry, Merritt
d s N _.,land 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
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
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ul ",..A
Central Dare County Channel Maintenance and Dredge Material Management Project, Federally
Authorized Channels- Northern Section
under NMFS purview. This consultation is valid as well for the operation by Wilmington
District Corps of Engineers for channel maintenance dredging of up to 10 vessels of this
or similar type and size class (under 500 gross tons), with similar dragheads (Brunswick,
Brunswick County Type, Brunswick Adjustable, or equivalent), dredge pump horsepower
(400 H.P. maximum), and suction and discharge pipe specifications (dredge suction
pipes 10-14 inches in diameter, and combined discharge pipe 12-16 inches in diameter) ".
The 1999 BO issued by NMFS states that the special purpose dredges that include the specifications
described above are not required to operate with sea turtle deflectors on the dragheads nor is
screening or observers required. The Miss Katie will abide by the same standards.
2.1.3 Environmental impacts
2.1.3.1 Water Quality
Dredging -induced turbidity is the largest concern regarding water quality for the proposed project.
To better understand the impacts to water quality, a field study performed by the USACE explored
the mechanics of the open water placement of dredged material by hopper dredges at five locations
including an estuarine site and within the open ocean. The objective was to observe all of the
processes by which dredged material is emplaced on the bottom at open water disposal sites
(USACE, 1978a). During the study, instrument arrays were designed to define the transit of
dredged material in time and space from the moment of its release until its final deposition. Methods
used during the study included optical transmittance, acoustic pulse echo and water flow
measurements with instrument arrays, and water sampling by continuous pumping. Additional
observations were made to characterize the mechanical properties of the dredged material, its
quantity, and the rate at which it is released into the receiving water. Among the sites included in
the study, the water depths ranged from 15m to 67m and currents in the receiving water ranged
from 0.0 to 0.7m/see. A wide range of sea states and weather conditions were encountered during
the studies. The dredged material being placed ranged from highly fluid riverine mud to dense
marine silt. Despite these wide range of conditions, it was found that the same basic sequence of
placement processes took place at each locality. Dredged material is transported to the bottom in a
narrowly defined jet of high -density fluid and as blocks or clods of cohesive soil. Upon impact with
the bottom, a radially expanding surge is formed that carries dispersed dredged material away from
the impact area. This material deposits in the form of a ring in a large radius that expands around
the impact area. Cohesive material remains at the impact area. The deeper the water at the disposal
site, the longer the descent path and the greater the amount of ambient water entrained by the
descending jet. Thus, there is more dilution of the dredged material during placement on a deep -
water site (USACE, 1978a). Current over the disposal site causes displacement of the descending
dredged material, whether the descent is by the fall of clods or by a fluid jet. However, the amount
of the displacement can be predicted for both cases. The study also suggested that strong currents
do not result in dispersion of dredged material during placement nor are they necessarily a cause of
inaccurate placement on a designated disposal area if the placement operation is properly designed
and executed. The study concluded that the amount of dredged material lost to the ambient water
in the placement process is very small, less than 1 % in most cases (USACE, 1978a). Because both
the open water disposal site west of the Basnight Bridge and the nearshore water disposal site off
Pea Wand are located in relatively shallow waters (C25 ft NAVD88), these turbidity plumes would
be minimized. Furthermore, turbidity plumes from dredging operations usually last for only a few
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hours before settlement takes place (Duclos et al., 2013). Overall, the direct impacts to water
quality as a result of the placement of dredged material within the project area in open water via the
Miss Katie or USACE special purpose dredges would be minimal.
Along with the placement of material in open water, the dredging process itself can also incur
impacts to water quality. During dredging events performed by a special purpose dredge, sediment
re -suspension occurs as the draghead moves over the seafloor, as well as during the discharge of
overflow while filling the hopper. During the filling operation, dredged material slurry is often
pumped into the hoppers after they have been filled in order to maximize the amount of higher
density material in the hopper. The lower density turbid water at the surface of the filled hoppers
overflows and is usually discharged through ports located near the waterline of the dredge.
Distributions of suspended solids in these overflow plumes are primarily dependent on the nature
of the sediment being dredged, the design and operation of the dredge (such as forward speed and
pumping rate), the nature, concentration, and volume of overflowed material, the locations of the
overflow port, and the hydrologic characteristics of the dredging site (such as water depth, salinity,
and current direction and velocity). Although there may be no increase in the hopper load achieved
by continued pumping of fine-grained sediment into filled hoppers, overflowing is a common
practice (USACE, 1978b). Sediment re -suspension that results from overflow as the hopper is
being filled generally only occurs during a portion of the filling time. The time required to fill a
hopper (fill cycle) can vary, but on average may take 45 minutes to one hour, depending on the
hopper capacity, when dredging sandy substrates. The first 1/3 of the cycle involves filling the
hopper with sand and water. For the remaining 2/3 of the fill cycle, sand replaces the water in the
hopper, and the water sporadically overflows back into the ocean. Turbidity plumes can also be
created sub -surface at the drag head site. These plumes are localized to the immediate vicinity of
the drag head and do not reach the surface (LaSalle et al., 1991). The sediment plume generated by
hopper dredging has been shown to extend 1,640 to 4,000 feet from the dredge and is generally
reported to be short-term (Hitchcock et al., 1999; Anchor Environmental 2003; Roman -Sierra et
al., 2011). The length and shape of the plume depends, in part, on the hydrodynamics within the
water column as well as the sediment grain size within the area being dredged. Turbidity also
increases temporarily during the disposal of material from the hopper dredge at the disposal site.
2.1.3.2 Air Quality
A temporary reduction in air quality occur as a result of emissions created by the engines and
generators associated with dredges and support vessels. The primary emissions would result from
the burning of fossil fuels by this equipment. Variables that will affect the impact to ambient air
quality include duration of dredging activities and meteorological conditions (e.g. wind velocity
and direction) during dredging.
In accordance with 40 CFR 93.153 for nonattainment and maintenance areas, conformity
determinations with the State implementation Plan are required for federal permits if certain
exemptions are not met. However, since the project is in an attainment area, a conformity
determination is not required. In addition, the 2004 EA entitled "Use of Government Plant to
Dredge in Federally Authorized Navigation Projects in North Carolina" and the 2013 EA entitled
`.S:idecast Maintenance Dredging of a Portion of Hatteras -to -Hatteras Inlet Channel Pamlico Sound,
North Carolina", it was stated that the actions were in compliance with Section 176 (c) of the Clean
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2.1.3.4 Essential Fish Habitat
There are no HAPC or PNAs identified within the project area and therefore impacts to these
designated areas will not be discussed below. Three Significant Natural Heritage Areas are found
in proximity to the project area including the Bodie Island Lighthouse Pond, the Oregon
Inlet/Roanoke Sound Bird Nesting Islands, and the Pea Island National Wildlife Refuge. However,
due to the fact that they are not located directly within the project area, impacts will not be incurred
and will not be discussed below. There are five habitats considered EFH within the project area —
intertidal flats, seagrass, estuarine and marine water column, oyster reefs and shell banks, and
sandy/mud bottom. The potential for impacts to these EFHs and the impacts to managed species
are discussed below.
Intertidal Flats
Although intertidal flats are found within the project area, specifically within portions of Pamlico
Sound and along the shoulders of Oregon Inlet and Bodie Island, the dredging efforts associated
with the proposed project do not encroach upon these areas as intertidal flats do not exist within the
footprint of these channels. While the depths of these channels are typically not sleep as their
authorized depths, the bottoms remain submerged even at low tides. As such, intertidal flats will
inherently be avoided by dredging within the authorized limits of each channel and therefore, no
negative impacts are anticipated for intertidal flats.
Seagrass
SAV is an important indicator of environmental health because of its sensitivity to aquatic stressors.
Factors affecting SAV distribution include the hydrodynamic characteristics of water velocity,
depth, waves and the water's ability to transport sediments. Boating operations cause direct impacts
to SAV as a result of increased wave action, propeller damages, and by reduced light due to the
suspending of bottom sediments and manmade overhangs and structures (i.e. piers). Indirectly, the
construction and maintenance of channels by dredging may suspend sediments leading to decreased
light transmissivity and burial of the vegetation. Consequently, the mapping of SAV allows for
their avoidance during the planning and design of new vessel channels and marine basins. SAV
occurrences within coastal areas in North Carolina have been delineated by NMFS using visual
interpretation of SAV areas using high resolution aerial photography. The most recent broad -scale
visual interpretation from within the project area was conducted using 2015 imagery (Field, 2018
pers. comm.). Figure A-61) depicts the extent of the occurrences within this area and also includes
SAV resources identified via the 2009 sidescan survey of the waters surrounding Old House
Channel Range 2 (Note: Old House Channel Range 2 will not be maintained under this proposed
action).
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Figure 6A. SAV resources found within proximity to the project area.
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Figure GB. SAV resources found within proximity to the project area.
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Figure 6C. SAV resources found within proximity to the project area.
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While the maintenance dredging performed by the USACE dredge fleet or the Miss Katie may
occur in the vicinity of known SAV habitat, the rapid accumulation of sand characteristic of the
development for SAV likely precludes the presence of mature or extensive SAV populations within
the areas to be dredged and therefore would not be directly impacted by dredge operations.
Dredging from within the project area involves a discharge of dredged material within the deep
scour holes west of the Basnight Bridge and within the nearshore disposal site off Pea Island. No
SAV is present in the disposal site off Pea Island, however, if SAV are present within the deep
scour holes west of the Basnight Bridge, they could be impacted due to smothering and/or light
attenuation due to increased turbidity. As discussed above in Section 2.1.3.1, effluent from dredges
typically dissipates rapidly. Furthermore, the quantity of material disposed in the open water is
generally less than that occurring in past emergency dredging scenarios due to the nature of
maintenance dredging: the preemptive removal of shoals before they become too large. The
USACE's Engineering Research and Development Center (ERDC) ran a model predicting the
impacts of sandy material dredged from Hatteras Inlet, located south of the project area, on SAV
that are 350 feet or more from the centerline of the sidecast dredge discharge (USACE, 2013). In a
2,000-foot reach of the model summary, TSS concentrations above 10 mg/L, 1 mg/L and 0.1 mg/L
are predicted to occur only within 55 feet, 80 feet and 100 feet, respectively, of the centerline of the
discharge. In a different 6,500-foot reach of the model summary, TSS concentrations above 10
mg/L, 1 mg/L and 0.1 mg/L are predicted to occur only within 80 feet, 130 feet and 160 feet,
respectively, of the centerline of the discharge. Therefore, the plume was not predicted to spread
over the SAV beds within the study site at Hatteras Channel, which were at least 350 feet from the
centerline of the discharge. Considering the location of known SAV beds in relation to the dredging
activities associated with the project area, impacts are anticipated to be minimal, temporary, and
short-lived.
Estuarine and Marine Water Columns
The potential water quality impacts of dredging and disposal are addressed in Section 2.1.3.1.
Dredging and disposal operations conducted for the proposed project may impact the estuarine and
marine water columns in the immediate vicinity of the discharge within the open water disposal
locations (scour holes west of the Basnight Bridge and the nearshore disposal area off Pea Island).
These impacts may include minor and short-term suspended sediment plumes and related turbidity,
as well as the release of soluble trace constituents from the sediment. No impacts to the water
column would be anticipated during the disposal via cutterhead pipeline dredges onto upland areas.
As noted in the USACE's 2004 EA, scientific data are very limited with regard to the effects of
placement of dredged 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, due to the temporary nature of the elevated turbidity levels observed during maintenance
dredging activities, significant impacts to the estuarine and marine water column are not anticipated
as a result of Alternative 1.
Oyster Reefs and Shell Banks.
The SAFMC defines this habitat as the natural structures found between (intertidal) and beneath
(subtidal) tide lines that are composed of oyster shell, live oysters and other organisms that are
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discrete, contiguous and clearly distinguishable from scattered oysters in marshes and mudflats and
from wave -formed shell windows (SAFMC, 1998). Common terms used to describe shell bottom
habitats in North Carolina are "oyster beds," "oyster rocks," "oyster reefs," "oyster bars," and "shell
hash." Shell hash is a mixture of sand or mud with gravel and/or unconsolidated broken shell (clam,
oyster, scallop and/or other shellfish). The NCDMF differentiates potential shellfish habitat by
strata types. Designated strata types are classified based on characteristics of the habitat including
subtidal or intertidal setting; soft, firm or hard substrate; vegetated or non -vegetated substrate and
presence or absence of shell. Figure 7 depicts the distribution of the various habitats within the
project area that contain shellfish resources based on data from the NCDMF Shellfish Mapping
Program.
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Figure 7. Shellfish resources in proximity to the project area.
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Sedimentation resulting from open water disposal in the deep scour holes west of the Basnight
Bridge could impact oyster reefs and shell banks through sedimentation should the material be
disposed of in proximity to these resources. No oyster reefs or shell banks are located in the Atlantic
Ocean and therefore material dredged from the project area and placed in the nearshore disposal
site off Pea Island would not impact these resources.
Sandv/Mud Bottom
Benthic resources residing within the sandy/mid bottoms disturbed by the actions associated with
the proposed project will be affected during the excavation and open water disposal of dredged
material. Benthic invertebrates provide structural fish habitat via the development of worm tubes,
burrows and depressions. In addition, these invertebrates provide a foraging base for demersal
feeders. Brooks et al. (2006) reviewed times for recovery from sand mining in U.S. Atlantic or Gulf
of Mexico coastal waters. Reported recovery times generally ranged from 3 months to 2.5 years,
with one study (Turbeville and Marsh,1982) reporting changes in community parameters five years
post -dredging. Time scales for recolonization also varied by taxonomic group. Polychaetes and
crustaceans recovered most quickly (several months) while deep burrowing molluscs were slowest
to recover (several years) (Brooks et al. 2006). Recolonization by opportunistic benthic species
would be expected to begin soon after project construction ceases. Because of the opportunistic
nature of the species, recovery would be expected to occur relatively rapidly in the order of less
than 100 days from the migration of benthic organisms from adjacent areas and larval transport
(Boyd and Rees, 2003; Newell et al., 2004).
Benthos found in sand bottoms of high-energy environments, such as those in proximity to Oregon
Inlet, tend to recover more quickly than those occurring in lower -energy environments with a higher
percentage of fine particles (Normandeau Associates Inc., 2014). Faster recovery in shallow high-
energy environments may reflect the adaptation of communities that occur in these habitats to
frequent disturbance from episodic storm events (Normandeau Associates Inc., 2014). Monitoring
studies of post -dredging effects and recovery rates of borrow areas associated with beach
nourishment projects indicate that most borrow areas usually show significant recovery by benthic
organisms approximately 1 to 2 years after dredging and greater inter -annual variability than
differences from the effects of dredging (USACE, 2013b). Burlas et al. (2001) monitored borrow
sites with bathymetric high points off northern New Jersey and found that essentially all infaunal
assemblage patterns recovered within 1 year after dredging disturbance, except recovery of average
sand dollar weight and biomass composition, which required 2.5 years. With the expected relatively
quick recovery of infaunal communities, the project is not expected to result in significant long-
term impacts to benthic prey resources.
Managed EFH Species
As determined by the USACE, the effects of special purpose dredging within the project area to
adult managed species would at most be minimal and short lived (USACE 2004). In addition to the
dredging components of the proposed project, the open water disposal within the scour holes west
of the Basnight Bridge and in the nearshore disposal site off Pea Island would also have a minimal
, and transient effect to any adult managed species since they are mobile and expected to avoid the
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active disposal location or insignificantly effected at the population level (USACE, 1992; USACE,
2004; USACE, 2013).
Although turbidity plumes associated with dredging often are short-lived and affect relatively small
areas (Cronin et al., 1970; Nichols et al., 1990), re -suspension and re -dispersion of dredged
sediments by subsequent currents and waves can propagate dredge -related turbidity for extended
periods after dredging ends (Onuf, 1994). Biological responses to turbidity depend on these physical
factors, coupled with the type of organism, geographic location, and the time of the year. The
effects of high turbidity on fish are thought to be primarily behavioral rather than physical because
fish are motile and are able to move away from such disturbances (Kjeliand et at. 2015; Wilber et
al. 2005). In support of this notion, examples of TS S lethal concentrations and durations of exposure
determined in lab settings are extremely high. Bottom -feeding fish species may be more tolerant of
such events compared to species such as marine pelagics (Humborstad et al. 2006). Sublethal
physical effects of suspended sediments to fish, however, do occur and may include clogging or
coating of the gills, lesions, swelling, mucus and tissue production, less oxygen uptake, respiratory
problems, and general changes to the structure of the gill (Wenger et al. 2017; Wilber and Clarke
2001). Potential consequences of these effects may include increased energy expenditure, reduced
foraging, reduced growth, and high susceptibility to predation (Wilber and Clarke 2001).
Larvae and early juvenile stages of many managed species, however, pose a greater concern to the
activities associated with the proposed project than adults because their powers of mobility are
either absent or poorly developed, leaving them subject to transport by tides and currents. This
physical limitation makes them potentially more susceptible to entrainment by an operating dredge.
Organisms close to the dredge intake may be captured by the effects of its suction and may be
entrained in the flow of dredged sediment and water (USACE, 2004). As a worst -case, it may be
assumed that entrained animals experience 100% mortality, although some small number may
survive. Susceptibility to this effect depends upon avoidance reactions of the organism, the
efficiency of its swimming ability, its proximity to the intake, the pumping rate of the dredge, and
possibly other factors. Behavioral characteristics of different species in response to factors such as
salinity, current, and diurnal phase (daylight versus darkness) are also believed to affect their
concentrations in particular locations or strata of the water column. Any organisms present near the
channel bottom would be closer to the dredge intake and, therefore, subject to higher risk of
entrainment.
The biological effect of hydraulic entrainment has been studied to assess its impact on early life
stages of marine resources, including larval oysters (Carriker et al., 1986), post -larval brown shrimp
(Van Dolah et al., 1994), striped bass eggs and larvae (Burton et al., 1992), and others. In general,
these studies indicate that the primary organisms subject to entrainment by hydraulic dredges are
bottom -oriented fishes and shellfishes. The significance of entrainment impact depends upon the
species present; the number of organisms entrained; the relationship of the number entrained to
local, regional, and total population numbers; and the natural mortality rate for the various life
stages of a species. Assessment of the significance of entrainment is difficult, but most studies
indicate that the significance of impact is low. Reasons for low levels of impact include: (1) the
_ very small volumes of water pumped by dredges relative to the total amount of water in the vicinity,
thereby impacting only a small proportion of organisms, (2) the extremely large numbers of larvae
produced by most estuarine -dependent species, and (3) the extremely high natural mortality rate for
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early life stages of many fish species (natural larval mortalities may approach 99% [Dew and Hecht,
1994; Cushing, 1988]). In summary, only a very small percentage of marine and estuarine larvae
are subject to entrainment; therefore, dredging conducted during the proposed project is not
expected to significantly impact these organisms at the local or regional population levels. In
addition, although the loss of larval and juveniles through entrainment could indirectly impact
predators that would otherwise feed upon these organisms in the estuary, due to the small
percentage of entrained larvae during active dredging operations compared to the volume of water
flowing in and out of the inlet on a daily basis, these impacts are not anticipated to be significant.
2.1.3.5 Threatened and Endangered Species
2.1.2.5.1 West Indian Manatee
One of the major threats to the West Indian manatee is collisions with watercrafts, which can result
in serious injury or mortality. Manatees are present seasonally in North Carolina and are most
commonly sighted in the Intracoastal Waterway or sounds and bays. There is also substantial SAV,
a primary food source for manatees, within the Pamlico Sound in proximity to the areas to be
dredged for the proposed project. The number of manatees potentially occurring in the project area
is not known with certainty but is presumed to be low with the greatest likelihood of occurrence
during the warmer months, in particular June through October. It is therefore considered possible,
but unlikely, that a manatee may be present in the project area during the warmer months. Should
dredging coincide with this period, manatee and vessel interactions are possible while the dredge is
underway. That said, for all dredging that occurs between June and October, the dredges would
comply with all precautions outlined within the USFWS's "Guidelines for Avoiding Impacts to the
West Indian Manatee" (Appendix B).
Marine mammals are highly vocal and dependent on sound for many ecological functions, making
them particularly susceptible to noise impacts. For example, manatees have been shown to select
grassbeds with lower ambient noise for frequencies below 1 kHz. Noise levels within the nearshore
environment will likely be elevated due to construction activities associated with the placement of
sand onto the receiving beaches. As stated above, however, manatees do not commonly utilize the
nearshore environment off North Carolina; therefore, it is considered unlikely manatees will occur
within much of the project area. Due to its rare occurrence in the area, the nature of the proposed
construction activities, and compliance with the guidelines, the Status Quo Alternative is not likely
to adversely impact the manatee.
2.1.3.5.2 Sea Turtles
Swimming sea turtles are present seasonally within portions of the project areas including Pamlico
Sound and the nearshore waters surrounding Oregon Inlet. Sea turtles have been documented
spending spring, summer and fall within the sound and migrating out to the ocean in the winter.
Therefore, there would be only a minimal chance of encountering swimming sea turtles when
dredging occurs in the cooler winter months. When dredging occurs in the spring and summer,
however, it is possible that loggerhead, green and Kemp's ridley sea turtles would be present in the
sound or migrating into the sound via Oregon Inlet.
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The risk of collision depends upon the amount of time the animal remains near the surface of the
water (NMFS, 2012). The greatest risk of collision would occur when the dredge is transiting
between the dredging areas and the nearshore pump -out locations. While vessel collisions are a
significant source of mortality for swimming sea turtles, it is assumed that turtles are more likely
to avoid slower moving vessels, such as dredges, due to a greater amount of time to maneuver out
of harm's way. Because there are no hardbottom areas that would serve as sea turtle foraging habitat
in proximity to the areas historically dredged during the proposed project, it is most likely any sea
turtles present will be swimming in the water column or on the surface to breathe rather than on the
bottom foraging. This may increase the chance of a collision, while at the same time reduce the
potential for entrainment.
As described in the 1998 Biological Assessment (USACE, 1998), the USACE's special purpose
dredges use small, "California -style dragheads", and the sizes and suction power are less than that
of commercial hopper dredges. The California -style draghead has a large flat bottom that sits level
in the sand (Figure ). The location of the intake is approximately 1 to 2 feet below the sediment
surface making it less likely to entrain turtles (Studt, 1987; USACE, 1990). The dredge pumps on
these vessels average 350 horsepower and draghead sizes range from approximately 2' x 2' to 2'
3'. The draghead openings are further subdivided on their undersides by gridded baffles with
openings ranging from 5" x 5" to 5" x 8". The baffles restrict the size of objects that can enter the
dredge and even -out and direct the hydraulic forces during dredging, allowing for maximum
production with each dredge cut. The Miss Katie has been constructed using similar specifications.
In 1998, field trials were performed to test the potential of special purpose dredges to take sea
turtles. Tests were run using a deceased green sea turtle (previously taken in the gill net fishery and
frozen) in three scenarios that incorporated impinging the sea turtle on the draghead while the
pumps were running 1) in the water column, 2) placed on the bottom, and 3) during active dredging.
In the first two scenarios, the suction was not strong and the turtle could be easily prodded away
from the draghead using a pole. The third scenario was considered the worst case and resulted
abrasions from being dragged along the bottom, but no fractures, dislocations, or other physical
damage was detected. It was therefore concluded that the low suction forces attributed to these
special purpose dredges would reduce the likelihood of impinging a sea turtle. If a sea turtle were
to become impinged accidentally, it would have many opportunities to escape due to low suction
forces and bottom irregularities (USACE, 1998).
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California draghead
f,.. TEfi ■���■ IIITIM
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sommo
woman
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Figure 8. Representation of the California draghead. This drag head sits flat upon the bottom and the location
of the intake for sediment s approximately 1 to 2 feet below the sediment surface. (Schematic from Studt, 1987).
The slow speeds in which these special purpose dredges operate will also reduce the risk of in -water
collisions. In 1998, the Corps prepared a Biological Assessment (BA) assessing the year-round use
of the USACE dredge plant special purpose dredges and sidecast dredges on sea turtles and other
listed species. NMFS provided a Biological Opinion (BO) on March 9, 1999, concluding that the
year-round use of these dredge types in North Carolina's coastal inlets, including Oregon Inlet, may
affect, but is not likely to, adversely affect the continued existence of these species "because of the
slow speed of the vessels, the low suction levels inherent to these small dredges, and the small size
of the dragheads." The proposed project will not introduce any new or different impacts for
swimming sea turtles, therefore the effect determination for loggerhead, green, and Kemp's ridley
sea turtles remains may affect, not likely to adversely affect. Hawksbill and leatherback sea turtles
have not been recorded within Pamlico Sound, and both species have been documented to nest very
rarely along the Cape Hatteras National Seashore. Therefore, no effects are anticipated for
hawksbill or leatherback sea turtles.
2.1.3.5.3 Shortnose Sturgeon
Shortnose sturgeon spawning habitat lies upstream in inland rivers. There is no such habitat within
the project area and therefore dredging activity will not occur within the typical spawning or
foraging grounds for juvenile or spawning adult shortnose sturgeon. Historical capture data and
recent telemetry studies suggest this species presumably does not occur in the project area. Also,
juvenile shortnose usually remain upstream of saline water until they reach about 45 cm
(approximately 18 in) in length. That said, and although highly unlikely, any potential encounters
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in or near the project area would be most likely to occur in the winter and spring after spawning
and migration to feeding areas in downstream estuarine waters (NUTS, 1999). These individuals
will be larger than 45 cm in length, which is too large to become entrained by the small dragheads
used on the USACE dredge fleet or the Miss Katie_
Telemetry studies show these fish may undergo alongshore migrations over substantial distances in
the nearshore waters of the Atlantic; therefore, it is possible one or more individuals may migrate
through or near the nearshore disposal area off Pea Island. Because of their mobility, it is presumed
these individuals would be capable of avoiding and outmaneuvering the slow -moving dredges,
greatly reducing any chances of collision or interaction with the dredge at the disposal site.
The ocean environment may be affected by elevated turbidity levels resulting from placement of
sand within the nearshore disposal site off Pea Island or in the deep scour holes west of the Basnight
Bridge_ In general, when sediment re -suspension occurs, larger particles will likely settle out;
however, the firier sediments will remain suspended for Ionger periods, or even indefinitely in
turbulent water (Adriaanse and Coosen, 1991). Suspended particles may interfere with the
biological functions of shortnose sturgeon including feeding, respiration, reproduction and
potentially cause predator avoidance. However, these impacts will be minimal, especially
considering the low probability of encountering a shortnose sturgeon. Additionally, because these
fish are highly mobile, it is anticipated that they would avoid the activity within the nearshore
disposal area via minor alteration of migration routes. It is therefore considered unlikely any
shortnose sturgeon would be impacted by project activities.
For these reasons, it is determined that the potential impacts to shortnose sturgeon are insignificant
and extremely unlikely, and therefore the project activities may affect, but are not likely to,
adversely affect shortnose sturgeon. This determination is consistent with that of the Biological
Opinion for Use of Dredge Fry, Merritt, Schweizer and Currituck in coastal U.S. Waters (NMFS,
1999).
2.1.3.5.4 Atlantic Sturgeon
The areas to be dredged do not include suitable spawning grounds for the Atlantic sturgeon, as the
closest spawning grounds are located in the Tar -Pamlico and Roanoke rivers. However, the
presence of individuals in past tagging studies indicates at least a small presence within Pamlico
Sound. Because this species transits from riverine spawning habitat to the ocean, it is possible for
Atlantic sturgeon to migrate through portions of the project area as they transit through Oregon
Inlet to the Atlantic Ocean. Furthermore, Atlantic sturgeon spend much of their life history in the
marine environment and can be found there year-round; therefore, the possibility that this species
may transit through or near the nearshore disposal area off Pea Island cannot be ruled out.
The potential for Atlantic sturgeon to be present in the dredging areas creates the possibility for
interactions with the dredge. Any Atlantic sturgeon passing through the inlet will likely be subadults
or adults and will therefore be larger than 36 inches. The size and inherent mobility of these
individual should allow them to avoid approaching slow -moving dredges and entrainment in the
small dragheads. These conclusions are consistent with those made for shortnose sturgeon in the
jli 1 5 2C22 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
34
l gM
tl %4 � Ya�v ^�cu�
Central Dare County Channel Maintenance and Dredge Material Management Project, Federally
Authorized Channels- Northern Section
1999 Biological Opinion regarding the use of special-purpose dredges in U.S. Coastal waters
(NMFS, 1999).
The water column within the estuary and nearshore ocean environment may be affected by elevated
turbidity levels resulting from placement of sand at the nearshore disposal site and along the
oceanfront shoreline at Pea Island. Any increase in turbidity should be transient and restricted to
the area directly around the draghead, and within the nearshore environment. The sediment that will
be dredged and disposed is composed of a low percentage of fines. This will allow suspended
material to quickly settle out of the water column, and minimize the potential for turbidity to reach
levels considered detrimental to Atlantic sturgeon.
As is the case with shortnose sturgeon, dredging and disposal activities will not occur near, or pose
any impacts to, spawning and juvenile Atlantic sturgeons. Although unlikely, the only potential for
interaction with this species would be adult individuals within, or migrating through, the inlet and
the disposal sites. The size and mobility of adult Atlantic sturgeon that would occur in these areas
makes it highly unlikely that any adverse impacts will occur. It is therefore determined that the
potential impacts to Atlantic sturgeon are insignificant and unlikely to affect this species adversely_
This determination is consistent with that of the Biological Opinion of Use of Dredge Fry Merritt,
Schweizer and Currituck in coastal U.S. Waters (NMFS, 1999).
2.1.3.5.5 Giant Manta Ray
The main threat to the giant manta is fishing, whether targeted or incidental. Other threats, such as
mooring line entanglement and boat strikes, can also wound manta rays, decrease fitness, or
contribute to non -natural mortality (Deakos et al. 2011). Because manta rays are highly mobile and
quite rare in the waters within the project area, it is very unlikely that they would collide with a
dredge. Therefore, no impacts to the giant manta ray are anticipated.
2.1.3.5.6 Piping Plover
Although piping plover Critical Wintering Habitat is found within proximity to the project area, no
actions associated with the proposed actions are anticipated to impact piping plovers.
2.1.3.5.7 Red Knot
No impacts to red knot or its proposed critical habitat (Subunit NC -IA- Hatteras Island and Shoals)
are anticipated to be incurred because of the proposed actions.
2.1.3.6 Cultural Resources
The North Carolina Division of Archives and history, Underwater Archaeology Branch
(NCDAHUAB) has documented the loss of approximately 96 vessels in the general vicinity of
Oregon Inlet and an additional 79 vessels within Pamlico Sound (USDOT, 2008). Of these
documented losses, four wrecks have been identified in proximity to the dredge and disposal areas
associated with the Status Quo Alternative. Three of the wrecks plotted on an 1849 US Coast Guard
Survey Map are well north of these areas because of the southerly migration of Oregon Inlet since
its formation in 1846. The fourth wreck, plotted on NOAA Navigation Chart No. 12204 (1975),
2%22 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
35
': a:f"- E
Central Dare County Channel Maintenance and Dredge Material Management Project, Federally
Authorized Channels- Northern Section
appears to be the remains of an iron -hulled barge that washed ashore in the early 1970s (USDOT,
2008). This wreck site is in Pamlico Sound immediately west of Rodanthe which is considerably
south of the areas where dredge or disposal occurs. Furthermore, this wreck is a modern vessel,
however, and is not considered to be a significant submerged cultural resource. An early twentieth-
century windmill also was identified during a review of historic cartographic maps; however, the
windmill site is outside of the project area as well.
The nearshore disposal area off Pea Island results in the deposition of a relatively small amount of
material during each event. While not expected due to the lack of known shipwrecks in proximity
to the disposal area, burying shipwrecks is an acceptable method of preservation. Based on this
rationale, there would be no impacts to cultural resources as a result of open water disposal via
sidecasting, in the deep scour holes west of the Basnight bridge, or within the nearshore disposal
site off Pea Island. Dredging from within the federally authorized channels is not expected to
impact any cultural resources due to the fact that dredging is limited to the authorized depth and no
cultural resources are present within these previously -dredged areas. Therefore, based on the nature
and locations of the dredge and disposal activities, no impacts to cultural resources are anticipated.
2.1.3.7 Socioeconomic Resources
The continuation of the dredging and disposal activities associated with the proposed work will
allow for safe navigation through portions of the project area, however, areas with no or limited
dredge disposal capacity may not be maintained satisfactorily and may impede recreational and
commercial boat traffic. Without the ability to provide safe navigation through all the waterways
in the project area, five key business sectors that contribute to the economic impact in Dare County,
the region, and the state (commercial fishing, seafood packing/processing, boat building and
support services, recreational fishing, and tournament fishing) could be negatively impacted_
2.1.4 Avoidance and Minimization Measures
The dredging activity will be limited to the federally authorized channels within the project area.
Because these areas have been dredged in the past, biological resources such as SAV bed and oyster
reefs are not anticipated to be within the dredging footprint and therefore those resources will not
be directly impacted. In order to reduce potential affects to these resources associated with the open
water disposal activity, a 300 ft. buffer will be imposed around any SAV and shellfish bed within
the project area and no dredging or open water disposal will occur within this buffer.
In order to minimize the risk of impacts to any threatened or endangered species, the Miss Katie
and the USACE's special purpose dredges include the following specifications:
• Brunswick, Brunswick County Type, Brunswick Adjustable, or equivalent dragheads
• Draghead suction produced by use of dredge pumps averaging 350-horsepower, with a
maximum horsepower of 400D
• Draghead sizes range from approximately 2 feet by 2 feet to 2 feet by 3 feet
• Draghead openings are include gridded baffles with openings ranging from 5 inches by 5
inches to 5 inches by 8 inches
Suction pipes 10-14" diameter
J U N 1 5 2'622 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
36
Central Dare County Channel Maintenance and Dredge Material Management Project, Federally
Authorized Channels- Northern Section
* Discharge pipes 12-16" diameter
Dredging operations will also comply with all precautions outlined within the USFWS's
"Guidelines for Avoiding Impacts to the West Indian Manatee" to help reduce impacts to the species
(Appendix B).
2.2 Per Form MP-1, Section 6k: A statement of compliance with the N.C. Environmental
Policy Act (N.C.G.S. 113A 1-10) if necessary.
The applicant has submitted an Environmental Assessment to the USACE to comply with the NC
Environmental Policy Act.
J U ti 1 5 2" 22
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
37
MAJOR PERMIT FEE MATRIX
Applicant:
Dare Coup
Central Dare Channel Maintenance & Dred
a Material Maintenance —Northern
Section
Selection
Development Type
Fee DCM %
(14300 1601 435100093 1625 6253)
DWQ %
(243001602 435100095 2341)
I. Private, non-commercial
development that does not
$250
100% ($250)
0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
II. Public or commercial
development that does not
$400
100% ($400)
0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
Major Modification to a
$250
100% ($250)
0% ($0)
CAMA Major permit
111. For development that
involves the filling and/or
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 development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 4175 (See
attached) can be applied'.
III(B). Public or commercial
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4175 (See attached)
can be applied:
Ej
III(C). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
4175 (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:
lil(D). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
4175 (see attached) cannot
be applied:
®
IV. For development that
involves the filling and/or
$475
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
open water areas:
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The NC Department of Environmental Quality hereby gives public notice as required by
NCGS 113A-119(b) that application for a development permit in an AEC as designated
under the CAMA was received on 10/06/22. Central Dare County Channel Maintenance
& Dredge Material Management of Dare County proposes the maintenance dredging of
federally authorized channels, with the ranges in the areas offshore of Manteo,
Wanchese, and west of Oregon Inlet in the Roanoke and Pamlico Sounds, with a proposal
to deposit dredge spoils in the open water disposal areas within deep scour holes west
of Basnight Bridge and nearshore disposal off Pea Island in the Atlantic Ocean.
A copy of the entire application may be reviewed at the office of the Division of Coastal
Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-3901
during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400
Commerce Avenue, Morehead City, NC 28557, prior to 1119/22122, will be considered in
making the permit decision. Later comments will be considered up to the time of permit
decision. Project modification may occur based on review & comment by the public, state
& federal agencies. Notice of the permit decision in this matter will be provided upon
written request.
PLEASE PUBLISH ON: Wednesday, October 19, 2022
North Carolina Department of Environmental Quality I Division of Coastal Management
D—!��
Elizabeth City Office 1401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
noRn�cARo I nOft . re�a�.wW&a%'�
252264.3901
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
October 17, 2022
MEMORANDUM:
�nEQ
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier 04-16-33)
are gg.bodnaroncdenr.gov
SUBJECT: CAMA/Dredge & Fill Review
Applicant: Dare County — Northern Section
Project Location: West of Basnight Bridge & Oregon Inlet in Pamlico Sound; as well as
adjacent Atlantic Ocean & Roanoke Sound
Proposed Project: Maintenance dredging of federally authorized channels, with a proposal to
deposit dredge spoils in the open water disposal areas within deep scour
holes west of Basnight Bridge
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by November 7, 2022. If you have any
questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) 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.
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.
PRINT NAME
AGENCY
SIGNATURE
DATE
E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
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