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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. 6 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. r�1, a 6y� V, f, % , -_" r � J U N 1 5 2022 M0- 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. 9 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 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. 10 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. 11 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. 21 ,I- 3010000E MANTEO SHALLOWBAG? i I,Z NORTH CHANNEL.' FLANGES 4A AND 4B ro � _ E ROANOKE SOUND I -w ' MANTEO SHALLOWBAG MAIN CHANNEL -.;-r RANGES S -13 ROANOKE � ~� 0 1 ISLAND _o n . z O O O m CROATAN SOUND MANTEO SHALLOWBAG MAIN CHANNEL p WANCHESE RANGE 14 RANGES 14A,B,C _g W 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. 13 J U N i 5 ZC22 C%0 IM,— 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. 14 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). COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. 15 DCNI-E-C 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. COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. 16 D 0-- —pl 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. 17 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. 18 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 ll�ld i�ec COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. 19 Central Dare County Channel Maintenance and Dredge Material Management Project, Federally Authorized Channels- Northern Section 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 Ill N 15 202Z COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. DC 4s_, 20 Central Dare County Channel Maintenance and Dredge Material Management Project, Federally Authorized Channels- Northern Section 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). RLEU 1 D J U N 1 5 2022 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. 22 Central Dare County Channel Maintenance and Dredge Material Management Project, Federally Authorized Channels- Northern Section Figure 6A. SAV resources found within proximity to the project area. g- j U N 1 5 2022 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. 23 Central Dare County Channel Maintenance and Dredge Material Management Project, Federally Authorized Channels- Northern Section Figure GB. SAV resources found within proximity to the project area. J U N i 5 Z>vZ COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. 24 Central Dare County Channel Maintenance and Dredge Material Management Project, Federally Authorized Channels- Northern Section Figure 6C. SAV resources found within proximity to the project area. ! U N 1 5 2022 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. U" E 25 Central Dare County Channel Maintenance and Dredge Material Management Project, Federally Authorized Channels- Northern Section 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 JUt4 1 5 2�'2 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. 26 �,� Central Dare County Channel Maintenance and Dredge Material Management Project, Federally Authorized Channels- Northern Section 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. J V 14 1 5 2C22 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. 27 Central Dare County Channel Maintenance and Dredge Material Management Project, Federally Authorized Channels- Northern Section Figure 7. Shellfish resources in proximity to the project area. J U ti 1 5 2022 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. 28 Central Dare County Channel Maintenance and Dredge Material Management Project, Federally Authorized Channels- Northern Section 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 a EZ L; 'LLm 1 222 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. 29 Central Dare County Channel Maintenance and Dredge Material Management Project, Federally Authorized Channels- Northern Section 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 JE1�1 1 5 ZG22 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. 30 DC" Central Dare County Channel Maintenance and Dredge Material Management Project, Federally Authorized Channels- Northern Section 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. 1 U N 1 5 2u?9 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. 31 Central Dare County Channel Maintenance and Dredge Material Management Project, Federally Authorized Channels- Northern Section 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). J U N 15 LULL COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. 32 J U N 1 5 21222 Central Dare County Channel Maintenance and Dredge Material Management Project, Federally Authorized Channels- Northern Section California draghead f,.. TEfi ■���■ IIITIM }I' woman sommo woman SIDE 0 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 COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. 33 Central Dare County Channel Maintenance and Dredge Material Management Project, Federally Authorized Channels- Northern Section 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. 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