20190264 Ver 5_Dare County_20221201

CENTRAL DARE COUNTY CHANNEL MAINTENANCE AND DREDGE
MATERIAL MANAGEMENT PROJECT, NON-FEDERAL CHANNELS
COMPONENT
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
MAJOR PERMIT APPLICATION
Prepared for:
DARE COUNTY
Prepared by:
Coastal Protection Engineering of North Carolina, Inc.
4038 Masonboro Loop Road
Wilmington, North Carolina 28409
Submitted to:
North Carolina Department of Environmental Quality
Division of Coastal Management
September 2022

CENTRAL DARE COUNTY CHANNEL MAINTENANCE AND DREDGE MATERIAL
MANAGEMENT PROJECT, NON-FEDERAL CHANNELS COMPONENT
NCDCM Major Permit Application
Contents
1 FORMS 1
1.1 Form DCM MP-1 1
1.2 Form DCM MP-2 6
2 Supplemental Information 9
2.1 Per Form MP-1, Section 6a: Project Narrative 9
2.1.1 Project Scoping and History 9
2.1.2 Proposed Action 9
2.1.3 Environmental Impacts Error! Bookmark not defined.
2.1.4 Avoidance and Minimization Measures Error! Bookmark not defined.
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) necessary. 11
2.3 Per Form MP-1, Section 6h: Agent Authorization Form 12
Appendices
Appendix A: Work Plans
Appendix B: Guidelines for Avoiding Impacts to the West Indian Manatee
Appendix C: Adjacent Riparian Property Owner Notification USPS Receipts
Appendix D: Environmental Assessment
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.

Form DCM MP-1 Application for Major Permit Development
1 FORMS
1.1 Form DCM MP-1
APPLICATION for
Malor Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Dare County
Project Name (if applicable)
CENTRAL DARE COUNTY CHANNEL MAINTENANCE AND
DREDGE MATERIAL MANAGEMENT PROJECT, NON-
FEDERAL CHANNELS COMPONENT
Applicant 1: First Name
Robert
MI
P
Last Name
Outten
Applicant 2: First Name
n/a
MI
n/a
Last Name
n/a
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
P.O. Box 1000
PO Box
1000
City
Manteo
State
NC
ZIP
27954
Country
USA
Phone No.
252 - 475 - 5800 ext.
FAX No.
252 - 473 - 1817
Street Address (if different from above)
City
State
ZIP
Email
[e-mail]
2. Agent/Contractor Information
Business Name
Coastal Protection Engineering of North Carolina, Inc.
Agent/ Contractor 1: First Name
Kenneth
MI
Last Name
Willson
Agent/ Contractor 2: First Name
Brad
MI
Last Name
Rosov
Mailing Address
4038 Masonboro Loop Road
PO Box
City
Wilmington
State
NC
ZIP
28409
Phone No. 1
910 - 399 -1905 ext.
Phone No. 2
- - ext.
FAX No.
N/A
Contractor #
Federal ID # 02-06232951
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
1

Form DCM MP-1
Application for Major Permit Development
Street Address (if different from above)
N/A
City
N/A
State
N/A
ZIP
N/A -
Email
[e-mail]
3. Project Location
County (can be multiple)
Dare
Street Address
N/A- the project will occur withinseveral non-federal channels in
Dare County with open water disposal activity
State Rd. #
N/A
Subdivision Name
N/A
City
N/A
State
NC
Zip
N/A -
Phone No.
N/A - - ext.
Lot No.(s) (if many, attach additional page with list)
N/A, , , ,
a. In which NC river basin is the project located?
Pasquotank
b. Name of body of water nearest to proposed project
Pamilco 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.
Atlantic Ocean
►1 Natural ■ Manmade •Unknown
e. Is proposed work within city limits or
planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
work falls within.
N/A
•Yes No
4. Site Description
a. Total length of shoreline on the tract (ft.)
N/A
b. Size of entire tract (sq.ft.)
10,025,360 sq ft (Walter Slough and The Crack Dredge
Corridor footprint ) 2,282,033 sq ft (The Shortcut Dredge
Corridor footprint); 29,069,819 ft Water Scour
sq (Deep
Hole Disposal Corridor); —12,500,000 sq ft (nearshore
disposal off Pea Island); 1,089,000 sq ft (restored Green
Island footprint above MHW)
25,842,492 sf in Scour Hole per CPE/Brad Rosov via email 11/11/22
c. Size of individual lot(s)
N/A, ,
(If many lot sizes, please attach additional page with a list)
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
Green Island will be created to +15' ■ NHW or ►1 NWL
e. Vegetation on tract
None
f. Man-made features and uses now on tract
non -federally authorized navigation channels
g. Identify and describe the existing land uses adjacent to the proposed
project site.
structures
National Seashore, USCG Station, commercial, and residential
h. How does local government zone the tract?
N/A
i.
Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate, if applicable)
•Yes ■No ►1NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal?
•Yes ►1 No
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
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Form DCM MP-1
Application for Mai or Permit Development
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy.
If yes, by whom? Dames and Moore magnetometer survey (1979), NCDOT, FHWA, and SHPO
remote sensing survey (1993 and 1995)
►1Yes
• No • NA
I. Is the proposed project located in a National Registered Historic District or does it involve a
National Register listed or eligible property?
•Yes
No • NA
m. (i) Are there wetlands on the site?
(ii) Are there coastal wetlands on the site?
(iii) If yes to either (i) or (ii) above, has a delineation been conducted?
(Attach documentation, if available)
•Yes
No
•Yes
►1 No
•Yes
►1 No
n. Describe existing wastewater treatment facilities.
None.
o. Describe existing drinking water supply source.
N/A
p. Describe existing storm water management or treatment systems.
N/A
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ►1 Commercial /1 Public/Government
►1 Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Dare County is seeking permits and authorizations to allow for maintenance dredging within Walter Slough, The Crack, and
The Shortcut while increasing the capacity to manage material dredged by creating new dredge disposal areas including
through the restoration of Green Island. In doing so, safe and reliable navigation for commercial and recreational boaters
within the project area will be maintained. This action will also allow the USCG the ability to maintain their mission. Without
having the ability to maintain navigable waters within the area, positive economic impacts may not be realized and the safety
of mariners would be jeopardized. The restoration of Green Island via the disposal of dredged material will be used solely
for bird habitat. Collectively, these actions will help to maintain the County's and region'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, the USACE special purpose dredges, the USACE sidecast dredge, or a
cutterhead pipeline dredge within a 100' wide and -14' MLLW deep channel in the Walter Slough and The Crack Dredge
Corridor and The Short Cut Dredge Corridor. The material dredged from this channel will be disposed of via open water
disposal within the Deep Scour Hole Disposal Corridor west of the Basnight bridge, within the nearshore disposal site off the
northern tip of Pea Island, or within the footprint of the restored Green Island. Restoration of Green Island would also entail the
use of heavy machinery including bulldozers. Details of the specifications associated with the dredge fleet are included within
Appendix D (Environmental Assessment)
d. List all development activities you propose.
See above.
e. Are the proposed activities maintenance of an existing project, new work, or both? Portions of Walter Slough and The
Both Shortcut have been dredged in the
past. In addition, the proposed action
includes new disposal areas and an
existing disposal site used by Dare
County and the USACE.
f. What is the approximate total disturbed land area resulting from the proposed project? 0 /1 Sq.Ft or •Acres
g. Will the proposed project encroach on any public easement, public access way or other area •Yes No ■ NA
that the public has established use of?
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
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Form DCM MP-1
Application for Mai or Permit Development
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 Hole Disposal Corridor, within the nearshore
disposal area off the northern portion of Pea Island, the footprint of the restored Green Island, and in open waters adjacent to
the sidecast dredge. See Section 2.1.2 below for more information.
i. Will wastewater or stormwater be discharged
If yes, will this discharged water be of the
into a wetland? •Yes ►1 No • NA
same salinity as the receiving water? •Yes • No NA
j. Is there any mitigation proposed?
If yes, attach a mitigation proposal.
•Yes ►1 No • NA
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. 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
See
list of the names and complete addresses
owners have received a copy of the application
which to submit comments on the proposed
Appendix C for the Adjacent Riparian Property
of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
and plats by certified mail. Such landowners must be advised that they have 30 days in
project to the Division of Coastal Management.
Owners Notifications USPS receipts.
Pea Island National Wildlife Refuge Cat Shoal, LLC
PO Box 1969 301 Fresh Pond Dr., Unit 1
Manteo, NC 27954 Kill Devil Hills, NC 27948
State of NC Blue Peter Hunt Club
c/o State Property Office c/o Jim Byrd, Jr.
1321 Mail Service Center 200 Herring Ct.
Raleigh, NC 27699 Nags Head, NC 27959
Cross Trail Outfitters of NC, Inc. DWH, Inc.
P.O. Box 706 PO Box 500
Plymouth, NC 27962 Manteo, NC 27954
Daniel and Tonya Craig Robert and Stephanie Smith
3920 Lewiston Dr. PO Box 1236
Summerfield, NC 27358 Kill Devil Hills, NC 27948
Joseph Brown Jr. Brimage Spruill Silver
PO Box 3164 PO Box 297
Kill Devil Hills, NC 27948 Wanchese, NC 27981
Jay Wheless Old Men Hunt Club LLC
PO Box 1419 555 Wood Duck Dr.
Manteo, NC 27954 Manheim, PA 17545
US Coast Guard Station Oregon Inlet Oregon Inlet Fishing Center LLC
Hwy 12 South 8770 Oregon Inlet Rd.
Nags Head, NC 27959 Nags Head, NC 27959
Cape Hatteras National Seashore
1401 National Park Drive
Manteo, NC 27954
NC DOT
c/o Pablo Hernandez, PE
349 Water Plant Rd, Unit B
Manteo, NC 27954
Michael Paul Johnson
P.O. Box 9
Wanchese, NC 27981
Arnold and Kimberly Easton
103 Craven Diver Ct.
Camden, NC 27921
Kanan Keller
673 President Dr.
Brooklyn, NY 11215
Patrick and Brown Jr. Harrison
407 W. Lakeside St.
Nags Head, NC 27959
Hobson Island Fishing Club LLC
117 Pudding Pan Ln
Kitty Hawk, NC 27949
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
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Form DCM MP-1
Application for Mai or Permit Development
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 6/24/19 401 WQ Certificate #20190264 issued to Dare County on
4/26/19
Modified CAMA Major Permit #49-19 issued to Dare County on Amended 01 WQ Certificate #20190264 issued to Dare County
12/21/21 on 6/8/20
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 2/10/22
Modified Dept. of Army IP #SAW-2019-00175 issued to Dare NPS Special Use Permit #USA20-9500-008 issued to Dare
County on 4/30/20 County on 1/26/21
Amended NPS Special Use Permit #USA20-9500-008 issued to
Dare County on 9/13//21
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.
7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application. The
project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant and do in fact grant permission to representatives of state and federal review agencies to enter on
the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the
project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date: September 20, 2022 Print Name: Brad Rosov, Agent, Coastal Protection Engineering of North Carolina, Inc.
*revised 11/11/22
per CPE correction.
Signature
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑ DCM MP-3 Upland Development
❑ DCM MP-4 Structures Information
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
5

Form DCM MP-1 Application for Major Permit Development
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 (NLW
or NWL)
Canal
Boat
Basin
Boat
Ramp
Rock
Groin
Rock
Breakwater
Other (excluding shoreline
stabilization)
Length
12,759 ft (length
along both axes of
the Walter Slough
and The Crack
Dredge Corridor),
4,403 ft (length of
The Shortcut
Dredge Corridor)
13,780 ft. (longest length) for the Deep Scour
Hole Disposal Corridor
5,000 ft (length) for the nearshore disposal
area off Pea Island
1,178 ft diameter for the restored Green
Island
Width
100 ft (width of
channel within
both dredge
corridors)
. 2,020 ft. for the disposal
(longest width) area
west of the Basnight Bridge * 2 340' per CPE
11/11//22
2,500 ft (width) for the nearshore disposal
area off Pea Island
1,178 ft diameter for the restored Green
Island
Avg.
Existing
Depth
-1 ftMLLW to-20'
MLLW with an
average depth of
-9 ft MLLW
NA
NA
Between -5.0' MLLW to -24.0' MLLW with an
average depth of -10.0 MLLW in the Deep
Scour Hole Disposal Corridor
Between -20' MLLW and -11' MLLW with an
average depth of -14' MLLW for the nearshore
disposal area off Pea Island
Between -5' MLLW to -6' MLLW with an
average depth of -5.5' MLLW within the
footprint of the restored Green Island
Final
Project
Depth
NA
NA
-14' MLLW for the disposal area west of
the Basnight Bridge
-12' MLLW for the nearshore disposal
area off Pea Island
+15' MLLW for the restored Green
Island
1. EXCAVATION
['This section not applicable
a.
Amount of material to be excavated from below NHW or NWL in
cubic yards.
The amount dredged will be determined prior to each dredge event.
c. (i) Does the area to be excavated include 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
b.
Type of material to be excavated.
The material from the various channels included in the
proposed action vary in terms of grain size, % silt, %
granular, and % gravel, however the material is mostly sand
(see Section 2.2 in Appendix D).
d. High -ground excavation in cubic yards.
None
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
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Form DCM MP-2 Excavation and Fill
❑WL ElNone
(ii) Describe the purpose of the excavation in these areas:
NA
2. DISPOSAL OF EXCAVATED MATERIAL
['This section not applicable
a. Location of disposal area.
Open water disposal of dredged material in the Deep Scour
Hole Disposal Corridor, in the nearshore disposal area off
the northern portion of Pea Island, and within the footprint of
the restored Green Island.
c. (i) Do you claim title to disposal area?
EYes No ENA
(ii) If no, attach a letter granting permission from the owner.
Disposal areas are in the open water, no permission
required.
e. (i) Does the disposal area include any coastal wetlands/marsh (CW), f.
submerged aquatic vegetation (SAV), shell bottom (SB), or other
wetlands (WL)? If any boxes are checked, provide the number of
square feet affected.
ECW ESAV ESB
❑WL ElNone
(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 100' of any SAV or SB
resource.
b.
d.
Dimensions of disposal area.
*
13,780 ft. (longest length) by 2,020 ft. (longest width) for the
Deep Scour Hole Disposal Corridor *2,340' per CPE 11/11/22
5,000 ft (length) by 2,500 ft (width) for the nearshore
disposal area off Pea Island
1,169,056 diameter (26.84 acres) on the seafloor resulting
in a 1,178 ft diameter (25 acre) restored Green Island above
MHW.
(i) Will a disposal area be available for future maintenance?
®Yes ENo ENA
(ii) If yes, where?
The same disposal areas included in the proposed action
will be available for future maintenance dredging events.
(i) Does the disposal include any area in the water?
®Yes ENo ENA
(ii) If yes, how much water area is affected?
* 68-7 acres of water column for the disposal area west of the
Basnight bridge *593 acres per CPE 11/11/22
287 acres of water column for the nearshore disposal area off
Pea Island
26.84 acres of water column above the footprint of the restored
Green Island
3. SHORELINE STABILIZATION
(If development is a wood groin, use MP-4 — Structures)
®This section not applicable
a. Type of shoreline stabilization:
EBulkhead ERiprap ❑Breakwater/Sill ❑Other:
nourishment
c. Average distance waterward of NHW or NWL:
e. Type of stabilization material:
g.
Number of square feet of fill to be placed below water level.
Bulkhead backfill Riprap
Breakwater/Sill Other
Source of fill material.
b. Length:
Width:
d. Maximum distance waterward of NHW or NWL:
f. (i) Has there been shoreline erosion during preceding 12 months?
EYes ENo ENA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
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Form DCM MP-2
Excavation and Fill
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
❑This section not applicable
a.
• 5,000 ft (length) x 2,500 ft (width) for the nearshore
disposal area off Pea Island
• 1,178 ft diameter for the restored Green Island
(iv) Purpose of fill
For the disposal of dredged material and creation of bird
habitat.
b.
(i) WII 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 ESB
❑WL ®None
(ii) Describe the purpose of the fill in these areas:
(i) WII fill material be brought to the site? ®Yes ❑No ❑NA
If yes,
(ii) Amount of material to be placed in the water
TBD. Each dredge event will result in a unique amount of material to
be placed in the water pending bathymetric conditions
(iii) Dimensions of fill area
• 13,780 ft. (longest length) x 2,020. ft (longest width) for
the Deep Water Scour Hole Disposal Corridor *2,340' per CPt° Ithough material dredged from the two dredge corridors may be
11/11/22 disposed of within the deep scour holes west of the Basnight Bridge
and within the footprint of the new bird island, no material will be
placed upon the resources listed above due to the inclusion of a
100' buffer when the special purpose or cutterhead pipeline
dredge. A 300' buffer will be imposed when a sidecast dredge is
used.
5. GENERAL
a.
How will excavated or fill material be kept on site and erosion b.
controlled?
Dredged material will be deilvered to the Deep Scour Hole Disposal
Corridor and offshore Pea Island via split -hull special use dredge. A
cutthead pipeline dredge will be used to restore Green Island. The
dredges will use adcanced positioning guidance to ensure that the
material is disposed in the precise location (i.e within the deep scour
holes, the targeted area in the nearshore waters off Pea Island, or
within the footprint of the new bird island). When discharging
material into the footprint of the restored Green Island, the
contractor may create a temporary dike to help promote material to
rapidly settle.
c. (i) WII navigational aids be required as a result of the project?
❑Yes No ❑NA
(ii) If yes, explain what type and how they will be implemented.
N/A
d.
What type of construction equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
USAGE special purpose dredge, USAGE sidecast dredge, the
public/private partnership dredge "Miss Katie", and a pipeline
cutterhead dredge.
(i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes No ❑NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
N/A
September 20, 2022 *revised 11/11/22 per request of CPE/Brad Rosov
Date
CENTRAL DARE COUNTY CHANNEL MAINTENANCE AND DREDGE MATERIAL MANAGEMENT PROJECT, NON FEDERAL
CHANNEL COMPONENT
Project Name
Dare County
Applicant Name
Brad Rosov, Agent, Coastal Protection Engineering of North Carolina, Inc.
Applicant Signature
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
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Central Dare County Channel Maintenance and Dredge Material Management Project, Non -Federal
Channels Component
2 Supplemental Information
2.1 Per Form MP-1, Section 6a: Project Narrative
2.1.1 Project Scoping and History
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 boat 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 (USACE),
National Park Service (NPS), U.S. Fish and Wildlife Service (USFWS), North Carolina Division
of Marine Fisheries (DMF), North Carolina Division of Water Resources (DWR), North Carolina
Division of Coastal Management (DCM), North Carolina Wildlife Resources Commission (WRC),
and the North Carolina Division of Energy, Mineral, and Land Resources (DEMLR).
Representatives from the Dare County, the Albemarle -Pamlico National Estuary Partnership, and
the County's consultant, Coastal Protection Engineering of North Carolina, Inc. (CPE) were also in
attendance. During the meeting, members of CPE explained that the County was in the process of
identifying new disposal locations for dredged material originating from the maintenance dredging
activities within the central and southern portion of the County. Along with sharing these proposed
disposal locations, CPE stated that a goal of this meeting was to determine the feasibility of
permitting various sites to accommodate the disposal. Several of the proposed disposal options
may provide the County with short-term solutions while other options were described as potentially
requiring a more rigorous permitting approach resulting in a long-term solution. CPE told the
meeting participants a report would be developed and submitted to the County describing the
feasibility of these various disposal alternatives including the anticipated costs, possible funding
sources, environmental documentation requirements, and required permitting approach for each
option.
A second interagency scoping meeting was held on May 17, 2021 at 3:00pm to bring agency
representatives back together to discuss Dare County's desire to implement several project
alternatives described in the aforementioned report to help manage the material to be dredged from
within a number of federal and non-federal navigation channels and boat basins within the central
and southern portion of the County. Among the project alternatives discussed during the meeting
was the dredging and disposal of material included in the proposed action. DCM determined that
the project alternatives that were situated geographically close together may be included within a
single CAMA Major Permit application. DCM also stated that CAMA rule 15A NCAC 7H 0208
(b)(1)(B) specifically states that all dredge material must be disposed of landward of the high-water
line. Therefore, any open water disposal done under the CAMA process would raise concerns.
However, should a project be implemented under federal consistency, it may be evaluated
differently. There was also discussion that keeping the sediment within the system can often be
seen as a much better option than placing it in upland facilities citing recent studies that support the
implementation of demonstration projects using open water disposal to help create habitat. USFWS
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
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Central Dare County Channel Maintenance and Dredge Material Management Project, Non -Federal
Channels Component
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 projects specific location.
On January 6, 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 channels 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 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
Dare County is seeking permits allowing for maintenance dredging within several non -federally
authorized navigation channels in proximity to Oregon Inlet. These include a channel locally
known as "The Crack", Walter Slough, and a channel often maintained by the USACE that connects
The Crack to the Oregon Inlet gorge referred to as "The Shortcut". Dredging within these areas
would be performed by a contracted cutterhead pipeline dredge and the newly constructed
public/private partnership dredge the "Miss Katie", which has capabilities to excavate material in a
similar fashion as the USACE's special purpose dredges and as a sidecast dredge. Dredging would
also be performed by the USACE's dredge fleet, namely the special purpose dredges Murden and
Currituck, and the sidecast dredge Merritt. Maintenance dredging will occur on a year-round basis
except for sidecast dredging which will be limited to August 1 through March 30.
The proposed action also involves the use of several of dredged material disposal sites within the
central portion of the County. The disposal areas for the material dredged from these non-federal
channels will include the existing nearshore disposal site off Pea Island, the deep scour holes west
of the Basnight Bridge, and the footprint of what was once Green Island located to the southwest
of the Basnight Bridge. The Miss Katie and USACE special purpose dredges will dispose of
material within the nearshore disposal site off Pea Island and within the deep scour holes west of
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
10

Central Dare County Channel Maintenance and Dredge Material Management Project, Non -Federal
Channels Component
the Basnight Bridge while a contracted cutterhead pipeline dredge would be used for the restoration
of the 25-acre Green Island. Sidecasting performed by the Miss Katie or the Merritt would be
limited to shallow areas that would require the creation of a pilot channel to allow access for special
purpose dredging to commence. Section 2.2 in the Environmental Assessment (Appendix D)
provides additional information pertaining to the channels included for maintenance under this
proposed action, the sediment characteristics of material from within these channels, details
regarding the disposal areas that will be utilized to increase capacity in central Dare County, and
the specifications of the dredges that will be used.
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.
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
11

2.3 Per Form MP-1, Section 6h: Agent Authorization Form
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Dare County
Mailing Address: _P.O. Box 1000
_Manteo, NC 27954
Phone Number: 252 475-5800
Email Address: [e-mail]
I certify that I have authorized _Coastal Protection Engineering of NC
Agent/Contractor
to act on my behalf, for the purpose of applying for and obtaining all LAMA permits
necessary for the following proposed development: _Central Dare County
Channel Maintenance and Dredge Material Management Project,
Non- Federally Authourized Channels
at my property located at _Walter Slough and "The Crack" ,
in _Dare County.
1 furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to
enter on the aforementioned lands in connection with evaluating information related
to this permit application.
Property Owner Information:
Signature
Robert Outten
Print or Type Name
County Manager
Title
i
Date
This certification is valid through issuance of permits
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
12

Appendix A: Work Plans
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.

CENTRAL DARE COUNTY DREDGE MATERIAL
MAINTENANCE PROJECT,
NON-FEDERAL CHANNELS
DARE COUNTY, NORTH CAROLINA
WALTER SLOUGH
AND THE CRACK
DREDGE CORRIDOR
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L------
BODIE
ISLAND
RESTORED
GREEN ISLAND
DEEP SCOUR HOLE
DISPOSAL CORRIDOR
L
0 2500 5000
GRAPHIC SCALE IN FT
CHARLOTTE
•
N.T.S.
ATLANTIC
OCEAN
THE SHORT CUT
DREDGE CORRIDOR
NEAR SHORE
DISPOSAL
PEA
ISLAND
PROJECT LOCATION
RALEIGH �0\P ,,
o�-�N GP
JACKSONVILLE •
CAPE HATTERAS
!�f MOREHEAD CITY
CAPE LOOKOUT
CAPE FEAR
ATLANTIC
OCEAN
NOT FOR CONSTRUCTION
FOR REGULATORY REVIEW ONLY
SHEET INDEX
1 COVER SHEET
2 OVERALL PLAN VIEW
3_7 PLAN VIEWS
8 PLAN VIEW - ADJACENT RIPARIAN PROPERTY OWNERS
9-10 PROPOSED CHANNELS CROSS SECTIONS
11 OREGON INLET WEST CROSS SECTIONS
12 RESTORED GREEN ISLAND CROSS SECTIONS
GENERAL NOTES:
1. COORDINATES ARE IN FEET BASED ON NORTH CAROLINA STATE PLANE COORDINATE SYSTEM, NORTH AMERICAN
DATUM 1983, (NAD83).
2. ELEVATIONS ARE IN FEET RELATIVE TO MEAN LOWER LOW WATER (MLLW)
3. DATE OF AERIAL PHOTOGRAPHY: FEBRUARY 15, 2020.
4. SURVEY DATA COLLECTED BY THE USACE ALONG OLD HOUSE CHANNEL RANGE 2 ON AUGUST 6 & 9, 2021.
5. SURVEY DATA SURROUNDING THE WALTER SLOUGH AND THE CRACK CORRIDOR COLLECTED BY THE US
GEOLOGICAL SURVEY (USGS) COASTAL NATIONAL ELEVATION DATABASE (CONED) APPLICATIONS PROJECT.
CONTOURS WERE DERIVED FROM THE USGS CONED DEM ACCESSED ON JULY 12, 2022.
6. SURVEY DATA SURROUNDING GREEN ISLAND COLLECTED BY NV5 GEOSPATIAL FROM NOVEMBER 26, 2019 TO
AUGUST 25, 2020.
7. SURVEY DATA COLLECTED BY THE USACE ALONG OREGON INLET EAST OF BRIDGE SPIT AND WEST OF BRIDGE
RANGE 1 ON MAY 17, 2022.
8. SURVEY DATA COLLECTED BY THE USACE ALONG OREGON INLET WEST OF BRIDGE FLOOD SHOAL ON MAY 23,
2022.
9. SURVEY DATA COLLECTED BY THE USACE ALONG OREGON INLET WEST RANGES 2-5 ON SEPTEMBER 20, 2022.
10. SURVEY DATA COLLECTED BY THE USACE ALONG OREGON INLET WEST RANGE 6 ON SEPTEMBER 22, 2022.
11. BENTHIC HABITAT DATA CONTAINING SHELL COLLECTED BY NC DIVISION OF MARINE FISHERIES 1989-2008.
12. SUBMERGED AQUATIC VEGETATION DATA COLLECTED BY APNEP BETWEEN 2019 AND 2020.
PH. [phone]
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DEEP SCOUR HOLE
DISPOSAL CORRIDOR
NOT FOR CONSTRUCTION
FOR REGULATORY REVIEW ONLY
THE SHORT
CUT DREDGE
CORRIDOR
/
PALMICO
SOUND
BODIE
ISLAND
LEGEND
SUBMERGED AQUATIC VEGETATION, 2019-2020
BENTHIC HABITAT CONTAINING SHELL
RESTORED
GREEN
ISLAND
N 745000
PEA
ISLAND
m
N 760000
0 900 1800
GRAPHIC SCALE IN FT
ATLANTIC
OCEAN
NEARSHORE
DISPOSAL AREA
N 755000
N 750000
NOTE:
1. THE LOCATION OF THE CHANNEL WITHIN THE PROPOSED DREDGE CORRIDOR IS
NOT FIXED AND, RATHER, FOLLOWS DEEP WATER. LOCATION SHOWN IS
REPRESENTATIVE ONLY AND WILL CHANGE BASED ON BATHYMETRY AT THE TIME
OF MAINTENANCE.
2. MATERIAL DREDGED FROM WITHIN THE DREDGE CORRIDORS MAY BE DISPOSED
BY THE MISS KATIE OR USACE SPECIAL PURPOSE DREDGES WITHIN THE DEEP
SCOUR HOLES WEST OF THE BASNIGHT BRIDGE AND WITHIN THE NEARSHORE
DISPOSAL SITE OFF THE NORTHERN PORTION OF PEA ISLAND. IN THE EVENT THAT
ACUTTERHEAD PIPELINE DREDGE IS TO BE USED TO MAINTAIN THE NAVIGATION
CHANNELS, DREDGED SEDIMENTS MAY BE USED TO CONSTRUCT AND MAINTAIN
THE RESTORED GREEN ISLAND.
3. THE MATERIAL PLACED WITHIN THE DEEP SCOUR HOLES WEST OF THE BASNIGHT
BRIDGE WILL RESULT IN A POST -DISPOSAL ELEVATION NO HIGHER THAN -14'
MLLW SUCH THAT NAVIGATION WILL NOT BE IMPEDED.
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SHEET 2 OF 12

LEGEND
SUBMERGED AQUATIC VEGETATION, 2019-2020
BENTHIC HABITAT CONTAINING SHELL
N 7�61000
WALTER SLOUGH
AND THE CRACK
DREDGE CORRIDOR
N : • 0000
N *000
NOT FOR CONSTRUCTION
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YEN 760000
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011111
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GRAPHIC SCALE IN FT
THE LOCATION OF THE CHANNEL WITHIN THE PROPOSED DREDGE CORRIDOR IS
NOT FIXED AND, RATHER, FOLLOWS DEEP WATER. LOCATION SHOWN IS
REPRESENTATIVE ONLY AND WILL CHANGE BASED ON BATHYMETRY AT THE TIME
OF MAINTENANCE.
MATERIAL DREDGED FROM WITHIN THE DREDGE CORRIDORS MAY BE DISPOSED
BY THE MISS KATIE OR USACE SPECIAL PURPOSE DREDGES WITHIN THE DEEP
SCOUR HOLES WEST OF THE BASNIGHT BRIDGE AND WITHIN THE NEARSHORE
DISPOSAL SITE OFF THE NORTHERN PORTION OF PEA ISLAND. IN THE EVENT THAT
ACUTTERHEAD PIPELINE DREDGE IS TO BE USED TO MAINTAIN THE NAVIGATION
CHANNELS, DREDGED SEDIMENTS MAY BE USED TO CONSTRUCT AND MAINTAIN
THE RESTORED GREEN ISLAND.
THE MATERIAL PLACED WITHIN THE DEEP SCOUR HOLES WEST OF THE BASNIGHT
BRIDGE WILL RESULT IN A POST -DISPOSAL ELEVATION NO HIGHER THAN -14'
MLLW SUCH THAT NAVIGATION WILL NOT BE IMPEDED.
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SUBMERGED AQUATIC VEGETATION, 2019-2020
BENTHIC HABITAT CONTAINING SHELL
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PALMICO
SOUND
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NOT FOR CONSTRUCTION
FOR REGULATORY REVIEW ONLY
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OF MAINTENANCE.
MATERIAL DREDGED FROM WITHIN THE DREDGE CORRIDORS MAY BE DISPOSED
BY THE MISS KATIE OR USACE SPECIAL PURPOSE DREDGES WITHIN THE DEEP
SCOUR HOLES WEST OF THE BASNIGHT BRIDGE AND WITHIN THE NEARSHORE
DISPOSAL SITE OFF THE NORTHERN PORTION OF PEA ISLAND. IN THE EVENT THAT
ACUTTERHEAD PIPELINE DREDGE IS TO BE USED TO MAINTAIN THE NAVIGATION
CHANNELS, DREDGED SEDIMENTS MAY BE USED TO CONSTRUCT AND MAINTAIN
THE RESTORED GREEN ISLAND.
THE MATERIAL PLACED WITHIN THE DEEP SCOUR HOLES WEST OF THE BASNIGHT
BRIDGE WILL RESULT IN A POST -DISPOSAL ELEVATION NO HIGHER THAN -14'
MLLW SUCH THAT NAVIGATION WILL NOT BE IMPEDED.
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LEGEND
N 759000
WALTER SLOUGH
AND THE CRACK
DREDGE CORRIDOR
SOUND
THE LOCATION OF THE CHANNEL WITHIN THE PROPOSED DREDGE
CORRIDOR IS NOT FIXED AND, RATHER, FOLLOWS DEEP WATER. LOCATION
SHOWN IS REPRESENTATIVE ONLY AND WILL CHANGE BASED ON
BATHYMETRY AT THE TIME OF MAINTENANCE.
MATERIAL DREDGED FROM WITHIN THE DREDGE CORRIDORS MAY BE
DISPOSED BY THE MISS KATIE OR USACE SPECIAL PURPOSE DREDGES
WITHIN THE DEEP SCOUR HOLES WEST OF THE BASNIGHT BRIDGE AND
WITHIN THE NEARSHORE DISPOSAL SITE OFF THE NORTHERN PORTION OF
PEA ISLAND. IN THE EVENT THAT A CUTTERHEAD PIPELINE DREDGE IS TO
BE USED TO MAINTAIN THE NAVIGATION CHANNELS, DREDGED
SEDIMENTS MAY BE USED TO CONSTRUCT AND MAINTAIN THE RESTORED
GREEN ISLAND.
THE MATERIAL PLACED WITHIN THE DEEP SCOUR HOLES WEST OF THE
BASNIGHT BRIDGE WILL RESULT IN A POST -DISPOSAL ELEVATION NO
HIGHER THAN -14' MLLW SUCH THAT NAVIGATION WILL NOT BE IMPEDED.
NOT FOR CONSTRUCTION
FOR REGULATORY REVIEW ONLY
SUBMERGED AQUATIC VEGETATION, 2019-2020
BENTHIC HABITAT CONTAINING SHELL
GRAPHIC SCALE IN FT
MATCHLINE PV-5
N 759000
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NOTE:
1. THE LOCATION OF THE CHANNEL WITHIN THE PROPOSED DREDGE CORRIDOR IS
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REPRESENTATIVE ONLY AND WILL CHANGE BASED ON BATHYMETRY AT THE TIME
OF MAINTENANCE.
2. MATERIAL DREDGED FROM WITHIN THE DREDGE CORRIDORS MAY BE DISPOSED
BY THE MISS KATIE OR USACE SPECIAL PURPOSE DREDGES WITHIN THE DEEP
SCOUR HOLES WEST OF THE BASNIGHT BRIDGE AND WITHIN THE NEARSHORE
DISPOSAL SITE OFF THE NORTHERN PORTION OF PEA ISLAND. IN THE EVENT THAT
ACUTTERHEAD PIPELINE DREDGE IS TO BE USED TO MAINTAIN THE NAVIGATION
CHANNELS, DREDGED SEDIMENTS MAY BE USED TO CONSTRUCT AND MAINTAIN
THE RESTORED GREEN ISLAND.
3. THE MATERIAL PLACED WITHIN THE DEEP SCOUR HOLES WEST OF THE BASNIGHT
BRIDGE WILL RESULT IN A POST -DISPOSAL ELEVATION NO HIGHER THAN -14'
MLLW SUCH THAT NAVIGATION WILL NOT BE IMPEDED.
THE SHOR T
DREDGE CORRIDOR
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N 750000
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PALMICO
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NOT FOR CONSTRUCTION
FOR REGULATORY REVIEW ONLY
LEGEND
SUBMERGED AQUATIC VEGETATION, 2019-2020
BENTHIC HABITAT CONTAINING SHELL
RESTORED GREEN
ISLAND
N 751000
N 750000
NOTE:
1. IN THE EVENT THAT A CUTTERHEAD PIPELINE DREDGE IS UTILIZED TO MAINTAIN
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LEGEND
SUBMERGED AQUATIC VEGETATION, 2019-2020
BENTHIC HABITAT CONTAINING SHELL
N 765000
PALMICO
SOUND
N 755000
NOT FOR CONSTRUCTION
FOR REGULATORY REVIEW ONLY
Adjacent Property Owner Name(s)
State of NC, Michael Johnson, Cat Shoal LLC, Cross Trail Outfitters of NC, Inc.
Blue Peter Hunt Club
DWH, Inc., Arnold and Kimberly Easton, Daniel and Tonya Craig, Robert and
Stephanie Smith, Kann Keller, Joseph Brown Jr., Brimage Silver, Patrick and
Brown Jr. Harrison, Jay Wheless
Old Men Hunt Club LLC
Hobson Island Fishing Club LLC
US Coast Guard Station Oregon Inlet
Oregon Inlet Fishing Center LLC
NC DOT
Pea Island National Wildlife Refuge, Cape Hatteras National Seashore
Label
Number
1
2
3
4
5
6
7
8
9
y ��
\
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W'ALTER 5LOUGH `\
AND THE CRACcN
RRIDOR
/ THE SHORT
/ CUT DREDGE
/
/ CORRIDOR
DEEP SCOUR HOLE
DISPOSAL CORRIDOR, _
`" NJ RESTORED
o ; GREEN ISLAND
0. `1000 2000
GRAPHIC SCALE IN FT
ATLANTIC
OCEAN
BODIE
ISLAND
OREGON
INLET
PEA
ISLAND
N 76000
N 75500
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5
SECTION A -A' (WALTER SLOUGH)
EXISTING BATHYMETRY
MHW EL. = +1.03' MLLW
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EXISTING BATHYMETRY -\ SECTION C-C' (WALTER SLOUGH)
5
2
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3
EXISTING BATHYMETRY -\ SECTION B-B' (WALTER SLOUGH)
MHW EL. = +1.03' MLLW
LU
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20
150 -150 -100
MHW EL. = +1.03' MLLW
2
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-15 -
20
100'
-150
-100 -50 0 50
100 150
DISTANCE FROM CENTERLINE (FEET) MAXIMUM AD
EL.=-14.0' MLLW
NOT FOR CONSTRUCTION
FOR REGULATORY REVIEW ONLY
0 5 10
VERTICAL GRAPHIC SCALE IN FT
5
EXISTING BATHYMETRY
-50
100'
0 50
DISTANCE FROM CENTERLINE (FEET) "— MAXIMUM AD
EL.=-14.0' MLLW
SECTION D-D' (THE CRACK)
100 150
MHW EL. = +1.03' MLLW
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50
NOTE:
100 150
MAXIMUM AD
EL.=-14.0' MLLW
1. DATE OF BATHYMETRIC SURVEY SURROUNDING THE
WALTER SLOUGH AND THE CRACK CORRIDOR COLLECTED
BY THE US GEOLOGICAL SURVEY (USGS) COASTAL NATIONAL
ELEVATION DATABASE (CONED) APPLICATIONS PROJECT.
CONTOURS WERE DERIVED FROM THE USGS CONED DEM
ACCESSED ON JULY 12, 2022.
2. ELEVATIONS SHOWN HEREON ARE IN FEET REFERENCED TO
M LLW.
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5
EXISTING BATHYMETRY
SECTION E-E' (THE CRACK)
MHW EL. = +1.03' MLLW
0-
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EXISTING BATHYMETRY
SECTION G-G' (THE SHORT CUT)
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SECTION F-F' (THE SHORT CUT)
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MAXIMUM AD
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MHW EL. = +1.03' MLLW
15 —
20
-150
100'
I I
-100 -50 0 50
DISTANCE FROM CENTERLINE (FEET)
NOT FOR CONSTRUCTION
FOR REGULATORY REVIEW ONLY
100 150
MAXIMUM AD
EL.=-14.0' MLLW
0 5 10
VERTICAL GRAPHIC SCALE IN FT
100'
I I
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DISTANCE FROM CENTERLINE (FEET)
0 25 50
J1
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NOTE:
100 150
MAXIMUM AD
EL.=-14.0' MLLW
1. DATE OF BATHYMETRIC SURVEY SURROUNDING THE
WALTER SLOUGH AND THE CRACK CORRIDOR COLLECTED
BY THE US GEOLOGICAL SURVEY (USGS) COASTAL NATIONAL
ELEVATION DATABASE (CONED) APPLICATIONS PROJECT.
CONTOURS WERE DERIVED FROM THE USGS CONED DEM
ACCESSED ON JULY 12, 2022.
2. DATE OF BATHYMETRIC SURVEY ALONG OREGON INLET
EAST OF BRIDGE SPIT AND WEST OF BRIDGE RANGE 1 IS
MAY 17, 2022. SURVEYS WERE CONDUCTED BY USACE.
3. ELEVATIONS SHOWN HEREON ARE IN FEET REFERENCED TO
HORIZONTAL GRAPHIC SCALE IN FT MLLW.
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SEPTEMBER 22, 2021 —
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50 100 150 200 250 300 350 400 450
DISTANCE ALONG SECTION (FEET)
SECTION I-1' (DEEP SCOUR HOLE DISPOSAL CORRIDOR)
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EXISTING BATHYMETRY
SEPTEMBER 20, 2021
0
50 100 150 200 250 300 350 400
NOT FOR CONSTRUCTION
FOR REGULATORY REVIEW ONLY
DISTANCE ALONG SECTION (FEET)
0 6.25 12.5
VERTICAL GRAPHIC SCALE IN FT
450 500 550 600 650 700 750
0 62.5 125
HORIZONTAL GRAPHIC SCALE IN FT
NOTE:
1. DATES OF BATHYMETRIC SURVEY FOR OREGON INLET WEST RANGES 2-5 & RANGE 6 ARE
SEPTEMBER 20 & 22, 2021. SURVEYS WERE CONDUCTED BY USACE.
2. ELEVATIONS SHOWN HEREON ARE IN FEET REFERENCED TO MLLW.
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MAXIMUM EL. =+16.03' MLLW
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w 15 _
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NOT FOR CONSTRUCTION
FOR REGULATORY REVIEW ONLY
DISTANCE FROM CENTERLINE (FEET)
EXISTING BATHYMETRY
NOTE:
1. DATE OF BATHYMETRIC SURVEY FOR THE VICINITY OF
GREEN ISLAND IS NOVEMBER 26, 2019 TO AUGUST 25, 2020.
0 7.5 15 0 62.5 125 SURVEYS WERE CONDUCTED BY NV5 GEOSPATIAL.
VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT
2. ELEVATIONS SHOWN HEREON ARE IN FEET REFERENCED TO
M LLW.
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Appendix B: Guidelines for Avoiding Impacts to the West Indian Manatee
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is
a Federally -listed endangered aquatic mammal protected under the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act
of 1972, as amended (16 U.S.0 1461 et seq.). The manatee is also listed as endangered
under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of
the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal
agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some
individuals have been recorded at lengths greater than 13 feet and weighing as much as
3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats,
including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity
extremes. Manatees spend much of their time underwater or partly submerged, making
them difficult to detect even in shallow water. While the manatee's principal stronghold in
the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared
precautionary measures for general construction activities in waters used by the species.
Implementation of these measure will allow in -water projects which do not require blasting
to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines
as conservation measures in a Biological Assessment or Biological Evaluation, or as part
of the determination of impacts on the manatee in an environmental document prepared
pursuant to the National Environmental Policy Act, will expedite the Service's review of the
document for the fulfillment of requirements under Section 7 of the Endangered Species
Act. These measures include:
1. The project manager and/or contractor will inform all personnel associated with the
project that manatees may be present in the project area, and the need to avoid any harm
to these endangered mammals. The project manager will ensure that all construction
personnel know the general appearance of the species and their habit of moving about
completely or partially submerged in shallow water. All construction personnel will be
informed that they are responsible for observing water -related activities for the presence
of manatees.
2. The project manager and/or the contractor will advise all construction personnel that

there are civil and criminal penalties for harming, harassing, or killing manatees which are
protected under the Marine Mammal Protection Act and the Endangered Species Act.
3. If a manatee is seen within 100 yards of the active construction and/or dredging
operation or vessel movement, all appropriate precautions will be implemented to ensure
protection of the manatee. These precautions will include the immediate shutdown of
moving equipment if a manatee comes within 50 feet of the operational area of the
equipment. Activities will not resume until the manatee has departed the project area on
its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report
must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the
National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife
Resources Commission (ph. 252.448.1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible
to the vessel operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmer
months, primarily from June through October. Idle speed is required if operating
this vessel in shallow water during these months. All equipment must be shut down
if a manatee comes within 50 feet of the vessel or operating equipment. A collision
with and/or injury to the manatee must be reported immediately to the U.S. Fish and
Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service
(252.728.8762), and the North Carolina Wildlife Resources Commission
(252.448.1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to
manatees during project activities. Upon completion of the action, the project manager will
prepare a report which summarizes all information on manatees encountered and submit
the report to the Service's Raleigh Field Office.
7. All vessels associated with the construction project will operate at "no wake/idle" speeds
at all times while in water where the draft of the vessel provides less than a four foot
clearance from the bottom. All vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of
material in which manatees cannot become entangled; (b) secured in a manner that they
cannot break free and entangle manatees; and, (c) regularly monitored to ensure that
manatees have not become entangled. Barriers will be placed in a manner to allow
manatees entry to or exit from essential habitat.
Prepared by (rev. 06/2003):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520

Figure 1. The whole body of the West Indian manatee may be visible in clear water; but
in the dark and muddy waters of coastal North Carolina, one normally sees only a small
part of the head when the manatee raises its nose to breathe.
lb
Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I.
A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-
3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.

Appendix C: Adjacent Riparian Property Owner Notification USPS Receipts
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.

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CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.come.
Certified Mail Fee
Extra Services & Fees (check box, add fee as appropriate)
❑ Retum Receipt (hardcopy) $
❑ Retum Receipt (electronic) $
❑ Certified Mail Restricted Dellvery $
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Certified Mail Fee
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❑ Retum Receipt (hardcopy) $ _
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Certified Mail Fee
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Appendix D: Environmental Assessment
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.

ENVIRONMENTAL ASSESSMENT
CENTRAL DARE COUNTY CHANNEL MAINTENANCE AND DREDGE
MATERIAL MANAGEMENT PROJECT, NON -FEDERALLY
AUTHORIZED CHANNELS
Prepared for:
Dare County, North Carolina
and
The U.S. Army Corps of Engineers
Prepared by:
Coastal Protection Engineering of North Carolina, Inc.
Wilmington, North Carolina
September 2022

Table of Contents
1.0 INTRODUCTION 1
1.1. Project Location 1
1.2. The Proposed Action 2
1.3. Purpose and Need 3
1.4. Scoping and Consultation History 5
2.0 DESCRIPTIONS OF ALTERNATIVES 6
2.1. Alternative #1: No Action- No future maintenance dredging within Walter Slough, The
Crack, and The Shortcut 6
2.1.1. Disposal Areas Utilized Under Alternative 1 8
2.2. Alternative #2: Applicant's Preferred- Maintenance dredging within Walter Slough,
The Crack, and The Shortcut utilizing existing and new dredge disposal areas within the
project area 9
2.2.1. Dredge Locations Included Under Alternative 2 10
2.2.2. Sediment Characteristics from Areas to be Dredged Under Alternative 2 11
2.2.3. Disposal Areas Utilized Under Alternative 2 15
3.0 ENVIRONMENTAL SETTING 24
3.1. Physical Environment within the Project Area 24
3.1.1. Climate 24
3.1.2. Tides, Currents, and Sea Level Rise 24
3.1.3. Wind and Storms 25
4.0 AFFECTED ENVIRONMENT 27
4.1. Water Quality 27
4.2. Air Quality 28
4.3. Noise 29
4.4. Essential Fish Habitat 30
4.4.1. Fishery Management 30
4.4.2. Habitats Designated as EFH 33
4.4.3. Habitat Areas of Particular Concern 38
4.4.4. Nursery Areas 38
4.4.5. Significant Natural Heritage Areas 39
4.4.6. Managed Species 40
4.5. Threatened and Endangered Species 46
4.5.1. West Indian Manatee 47
4.5.2. Sea Turtles 48

4.5.3. Shortnose Sturgeon 52
4.5.4. Atlantic Sturgeon 52
4.5.5. Giant Manta Ray 55
4.5.6. Piping Plovers 56
4.6. Colonial Shorebirds 61
4.7. Cultural Resources 62
4.8. Socioeconomic Resources 68
4.9. Recreational Resources 70
5.0 IMPACTS ASSOCIATED WITH EACH ALTERNATIVE 70
5.1. Water Quality 70
5.1.1. Impacts Associated with the No Action Alternative 70
5.1.2. Impacts Associated with the Applicant's Preferred Alternative 70
5.2. Air Quality 73
5.2.1. Impacts Associated with the No Action Alternative 73
5.2.2. Impacts Associated with the Applicant's Preferred Alternative 73
5.3. Noise 74
5.3.1. Impacts Associated with the No Action Alternative 74
5.3.2. Impacts Associated with the Applicant's Preferred Alternative 74
5.4. Essential Fish Habitat 75
5.4.1. Impacts Associated with the No Action Alternative 75
5.4.2. Impacts Associated with the Applicant's Preferred Alternative 76
5.5. Threatened and Endangered Species 81
5.5.1. West Indian Manatee 81
5.5.2. Sea Turtles 81
5.5.3. Shortnose Sturgeon 84
5.5.4. Atlantic Sturgeon 85
5.5.5. Giant Manta Ray 86
5.5.6. Piping Plover 86
5.5.7. Red Knot 86
5.6. Colonial Shorebirds 86
5.6.1. Impacts Associated with the No Action Alternative 87
5.6.2. Impacts Associated with the Applicant's Preferred Alternative 87
5.7. Cultural Resources 89
5.7.1. Impacts Associated with the No Action Alternative 89

5.7.2. Impacts Associated with the Applicant's Preferred Alternative 89
5.8. Socioeconomic Resources 89
5.8.1. Impacts Associated with the No Action Alternative 89
5.8.2. Impacts Associated with the Applicant's Preferred Alternative 90
5.9. Recreational Resources 90
5.9.1. Impacts Associated with the No Action Alternative 90
5.9.2. Impacts Associated with the Applicant's Preferred Alternative 90
5.10.1 Impacts Associated with the No Action Alternative 90
5.10.2 Impacts Associated with the Applicant's Preferred Alternative 90
6.0 CONSERVATION AND MONITORING MEASURES 94
6.1 Construction Practices 94
6.2. Dredge Design Specifications 95
7.0 LITERATURE CITED 95
List of Figures
Figure 1. Project Location 2
Figure 2. Location of the Walter Slough, The Crack, The Shortcut, and USACE's "Alternate
Route" channel extending from Hell's Gate to the Basnight Bridge 8
Figure 3. Channels included for the proposed action under Alternative 2. 11
Figure 4. Locations of sediment samples collected from within Walter Slough and The Crack in
1998 by the USACE 12
Figure 5. Locations of vibracores collected by the USACE in 2018 in proximity to the USCG
Station Oregon Inlet 13
Figure 6. Location of vibracores collected by Dare County within The Crack in 2021. 23
Figure 7. Changes over time to the size of the footprint of Green Island between 2005 and 2019.
23
Figure 8. Aerial images of Green Island between 2004 and 2019 21
Figure 9. Schematic of a hydraulic pipeline cutterhead dredge. 20
Figure 10. Digital rendering of the Miss Katie (photo courtesy of Jensen Marine) Error!
Bookmark not defined.
Figure 11. The sidecast dredge Merritt Error! Bookmark not defined.
Figure 12. The special purpose dredge Currituck.. 25
Figure 13. The special purpose dredge Murden 26

Figure 14. Relative sea level rise trend at Oregon Inlet Marina, North Carolina. 25
Figure 15. Average wind speed and direction near Oregon Inlet from WIS Station 63223 26
Figure 16. Water quality sampling stations in proximity to the project area 28
Figure17. SAV resources found within proximity to the project area 36
Figure 18. Shellfish resources in proximity to the project area. 37
Figure 19. Loggerhead turtle sightings during the Southeast AMAPPS summer 2016 aerial
survey. Image from NOAA, 2016 50
Figure 20. Migration routes (post -nesting and inter -foraging segments) of satellite -tracked
loggerhead turtles (N = 15) represented by individual black lines in the Cape Hatteras, North
Carolina (NC) region. The horizontal dotted line separates the Mid -Atlantic and South Atlantic
Bights. Figure from Griffin et al., 2013 51
Figure 21. Atlantic sturgeon detections recorded by acoustic array located offshore Cape
Hatteras, NC. Sturgeon were tagged by the Atlantic Cooperative Telemetry Network
(Bangley, pers. comm., September 15, 2014) 55
Figure 22. Piping plover Critical Habitat Unit NC-1 59
Figure 23. Area of Potential Effect as determined within the 2008 EIS 64
Figure 24. 1991 Archeological Survey Area and Area of Potential Effects 67
Figure 25. 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). 83
List of Tables
Table 1. Geotechnical data obtained by the USACE in 2018 in proximity to the USCG Station
Oregon Inlet. 13
Table 2. Geotechnical data obtained by Dare County in 2021 from within The Crack 14
Table 3. Pertinent Tide Data from Tide Gauge 8662597 24
Table 4. EFH for managed species within coastal North Carolina. Not all species within a
management unit have EFH designated; such species have `none' within the life stages
column 31
Table 5. Essential Fish Habitat identified in FMP Amendments of the South Atlantic and Mid -
Atlantic FMC's (NMFS, 2010) 33
Table 6. Geographically defined HAPC identified in the FMP Amendments affecting the South
Atlantic area (NMFS, 2010). 38

Table 7. HMS and their life stage that have marine waters in vicinity of the project area
designated as EFH 42
Table 8. Federally threatened, endangered or proposed listed species that may occur in the
Project Area 38
Table 9. Summary of impacts associated with each alternative. 91
Appendices
A 2017 Guidelines for Avoiding Impacts to the West Indian Manatee

1.0 INTRODUCTION
1.1. Project Location
The proposed project is primarily located within the Albermarle-Pamlico National Estuary which
is the second largest estuary in the eastern United States. It is separated from the Atlantic Ocean
by the narrow barrier islands of the Outer Banks. The Albemarle -Pamlico National Estuary is fed
by several major river basins: Pasquotank, Chowan, Roanoke, Tar -Pamlico, Neuse, and White
Oak. It also includes seven sounds: Currituck, Albemarle, Roanoke, Croatan, Pamlico, Core and
Bogue. Pamlico Sound extends 80 miles from Roanoke Island to Cedar Island and is about 15-30
miles wide reaching depths up to 26 feet. It is connected to the Tar -Pamlico and Neuse-Trent rivers
on the west side of the sound, and inlets provide resources from the ocean primarily through
Ocracoke, Hatteras, and Oregon Inlets.
Specifically, the proposed project is located primarily within Pamlico Sound in proximity to
Oregon Inlet in Dare County, North Carolina. The area includes the confines of two non -federally
authorized channels known as Walter Slough and The Crack. These three navigation channels
follow naturally occurring deep water and do not have a fixed alignment. Walter Slough is located
just north of Oregon Inlet extending from Bodie Island southwesterly -1.5 miles into Pamlico
Sound where it connects with the federally maintained Manteo (Shallowbag) Bay navigation
channel. Walter Slough's eastern terminus ends in a split basin; the northern basin is occupied by
USCG Station Oregon Inlet and a public boat ramp, while the southern basin is occupied by the
Oregon Inlet Fishing Center (OIFC). Walter Slough also connects to The Crack which extends
south towards The Shortcut. The Shortcut provides direct access to the Oregon Inlet gorge.
Collectively, these interconnected channels provide access for vessels to Pamlico Sound and the
Atlantic Ocean. In addition to these channels, the project area includes three dredged material
disposal areas. These include the deep scour holes located west of the Basnight Bridge, the
nearshore disposal area off the northern portion of Pea Island, and the historic footprint of Green
Island located southwest of the Basnight Bridge. The waters within the Pamlico Sound in
proximity to Oregon Inlet are relatively shallow and are intermixed with sandy shoals and limited
areas of shellfish beds and submerged aquatic vegetation while the nearshore area off Pea Island
is composed of a sandy bottom.
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
1

PAMLICO
SOUND
3010000E
3020000E
3020009E
OREGON.
INLET FISHING
CENTER
USCG
STATION •a •
BOdIE
ISLAND,.
BASNIGHT
BRIDGE
OREGON
INLET
Notes:
1. Coordinates are in feet based on the North Carolina
Stale Plane Coordinate System, North American
Datum of 1983 (NAD 83).
2. Aerial photography provided by ESRI basernap
services and taken on 2022-07-16.
N
Feet
0 2,500 5,000
3030000E
ATLANTIC
OCEAN
z
S
Title:
PROJECT AREA
OVERVIEW
DARE COUNTY, NC
COASTAL PROTECTION ENGINEERING
OF NORTH CAROLINA, INC.
7.111
4038 MASOMBORO LOOP ROAD
WILMINGTON, NC 28409
PR. (910) 3994908
Figure 1. Project Location
1.2. The Proposed Action
Dare County is seeking permits allowing for maintenance dredging within several non-federal
navigation channels in proximity to Oregon Inlet. These include a channel locally known as "The
Crack", Walter Slough, and a channel previously maintained by the USACE that connects The
Crack to the Oregon Inlet gorge referred to as "The Shortcut". Dredging within these areas would
be performed by a contracted cutterhead pipeline dredge and the newly constructed public/private
partnership dredge the "Miss Katie", which has capabilities to excavate material in a similar
fashion as the USACE's special purpose dredges and as a sidecast dredge. Dredging would also
be performed by the USACE's dredge fleet, namely the special purpose dredges Murden and
Currituck, and the sidecast dredge Merritt. Maintenance dredging will occur on a year-round basis
except for sidecast dredging which will be limited to August 1 through March 30.
The proposed action also involves the use of several dredged material disposal sites within the
central portion of the County. The disposal areas for the material dredged from these non-federal
channels will include the existing nearshore disposal site off Pea Island, the deep scour holes west
of the Basnight Bridge, and the footprint of what was once Green Island located to the southwest
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
2

of the Basnight Bridge. The Miss Katie and USACE special purpose dredges will dispose of
material within the nearshore disposal site off Pea Island and within the deep scour holes west of
the Basnight Bridge while a contracted cutterhead pipeline dredge would be used for the
restoration of the 25-acre Green Island. Sidecasting performed by the Miss Katie or the Merritt
would be limited to shallow areas that would require the creation of a pilot channel to allow access
for special purpose dredging to commence. Section 2.2 provides additional information pertaining
to the channels included for maintenance under this proposed action, the sediment characteristics
of material from within these channels, details regarding the disposal areas that will be utilized to
increase capacity in central Dare County, and the specifications of the dredges that will be used.
1.3. Purpose and Need
Dredging, along with the associated management of dredged material, is necessary to maintain
safe and reliable transportation routes through the waterways in central Dare County. The channels
and waterways within Dare County are utilized by boat operators for both commercial and
recreational purposes. The area offshore of the project location is considered one of the prime
sportfishing regions along the East Coast due to its proximity to the Gulf Stream and extended
seasons of abundant fishing opportunities (e.g. marlin, tuna). The recreational sport fishery is vast
and varied, including large "head boat" recreational fishing vessels, smaller "for -hire" charter
fishing vessels, and private fishing boats. A significant number of jobs in the tourism industry are
related to sport fishing, which is dependent on having access within navigable waters from the
docks and marinas in central Dare County through Oregon Inlet for access to the ocean fishing
grounds. In addition to general recreational fishing, sportfishing tournaments are important to the
region. As of 2014, more than 170 boats annually are expected to participate in sportfishing
tournaments dependent on passage to and through Oregon Inlet (Dumas et. al, 2014). These
tournaments, along with traditional recreational fishing opportunities, draw significant economic
impacts to the County ranging from expenditures on fishing gear, lodging, food, retail to custom
boat sales, marine maintenance, and/or boat storage thereby generating a significant economic
impact to the region.
Maintaining the navigability specifically within the proposed dredge corridor spanning the waters
of Walter Slough, The Crack, and The Shortcut would provide direct benefits to the local economy
and help maintain safety for mariners in Pamlico Sound, the Atlantic Ocean, and the surrounding
waters. The Oregon Inlet Fishing Center (OIFC), owned by the National Park Service and located
within Cape Hatteras National Seashore south of Nags Head at the eastern terminus of Walter
Slough, provides direct access to the waters of the Pamlico Sound and the Atlantic Ocean for
recreational fishing and boating. OIFC estimated that it served more than 600,000 customers at
the marina in 2019 (based on 2019 sales receipts) with roughly 210,000 of those customers taking
a charter fishing trip in one of the 60 vessels in the Oregon Inlet Fishing Fleet (NPS, 2021). The
OIFC is considered a major sport fishing facility, providing fuel, bait, ice, water, tackle, fish
cleaning services, electricity, overnight docking, fish weighing, photography, and a marine toilet
dump station. A restaurant, parking, boat launching, and a nearby campground are also available
(USACE, 2004a).
The US Coast Guard (USCG) Station Oregon Inlet is located directly adjacent to the OIFC where
it's personnel and fleet of vessels conducts search and rescue, boating safety, law enforcement,
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
3

and marine environment protection operations. The Station maintains a boat crew available 24
hours a day that respond to more than 200 calls for assistance annually. Maintaining the
navigability through the project area, therefore, is also needed to maintain safety for commercial
and recreational mariners. The draft of the USCG Motor Lifeboats and Aids to Navigation vessels
kept at USCG Station Oregon Inlet have drafts of 4'6" and 5'2" unloaded, respectively. Fishing
vessels that transit to and from OIFC often have drafts greater than 5' as well. According to the
USCG, the depths within Walter Slough has become problematic over the years such that their
vessels alone average five groundings on an annual basis within these waters (M. Dilenge, pers.
comm., 2022). In a letter dated June 9, 1998, the USCG submitted comments to the USACE in
response to a public notice regarding a proposed maintenance dredge event within Walter Slough.
The letter highlight's the USCG's need for the Walter Slough to be maintained by stating:
"Should Walter Slough become impassible, Coast Guard service to the public would be
significantly impaired. Aside from the economic impact of having to move our boats to an
alternate mooring, the greatest impact would an increase in response time to assist the
recreational and commercial boater... our current response time to the inlet is
approximately 30-40 minutes. Depending on where our boats are moored, that response
time could actually double... Because of the dangers associated with Oregon Inlet's
treacherous bar and the large volume of boating traffic, quick response time is
paramount."
Since that time, several injuries as a result of vessel groundings in Walter Slough have been
documented over the years including an incident of a man sustaining a leg injury in 2010
(www.professionalmariner.com, 2010) and multiple injuries incurred as a result of a grounding in
2011 (Morris, 2011). Therefore, as demonstrated by the USCG and reports of injuries, in order to
accommodate safe and successful navigation, these waterways will require additional maintenance
dredging in the future.
In response to chronic shoaling, maintenance dredging has historically been performed within
Walter Slough and The Shortcut. No records of dredging The Crack were obtained or provided
by local facility managers leading to the conclusion that The Crack may never have been dredged.
The material dredged from Walter Slough has been disposed of in various upland disposal sites in
proximity to the channel including Island D disposal island and an upland disposal site next to the
USGS Station Oregon Inlet. Disposal of material dredged from the Shortcut has been placed
alongside the channel when a sidecast dredge was used, placed in the nearshore waters off Pea
Island when a special purpose dredge was used, and placed directly on the beach at Pea Island
when a contract pipeline dredge was used. Although Island D has existing capacity to contain
additional dredged material for the short-term, additional disposal sites are needed considering the
extent of dredging associated with maintaining all three channels associated with the proposed
action (USACE, 1999). Furthermore, the National Park Service (NPS) has indicated that the
disposal site adjacent to the USACE Station Oregon Inlet could no longer be used to permanently
hold dredged material associated with future dredging events.
The proposed action includes the development of new dredge disposal areas including the
restoration of Green Island which will serve to not only contain dredged material, but also to
increase bird habitat in proximity to Oregon Inlet and the Cape Hatteras National Seashore.
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
4

With these factors in mind, the County is seeking permits and authorizations to allow for
maintenance dredging within Walter Slough, The Crack, and The Shortcut while increasing the
capacity to manage material dredged by creating new dredge disposal areas including through the
restoration of Green Island. In doing so, safe and reliable navigation for commercial and
recreational boaters within the project area will be maintained. This action will also allow the
USCG the ability to maintain their mission. The ability to maintain navigable waters within the
area is necessary to realize positive economic impacts and the for the safety of mariners.
Collectively, these actions will help to maintain the County's and region's economic viability
while preserving environmental quality and human safety.
1.4. Scoping and Consultation History
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 boat 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 (USACE),
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
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
5

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 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 6, 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 channels 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.
2.0 DESCRIPTIONS OF ALTERNATIVES
This section describes the various alternatives evaluated for responding to the shoaling and
managing the disposal of dredged material within the project area. The analysis of alternatives is
based on the meeting of the purpose and need, in addition to minimizing adverse environmental
consequences. The alternatives evaluated include:
• Alternative #1: No Action- No future maintenance dredging within Walter Slough, The
Crack, and The Shortcut
• Alternative #2: Applicant's Preferred- Maintenance dredging within Walter Slough, The
Crack, and The Shortcut utilizing existing and new dredge disposal areas within the
project area
The alternatives are addressed in the following sections.
2.1. Alternative #1: No Action- No future maintenance dredging within Walter Slough,
The Crack, and The Shortcut
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
6

Portions of Walter Slough and The Shortcut have been dredged sporadically in the past while The
Crack is not known to have ever been maintained. The earliest documented dredging in Walter
Slough was in 1985, when the USCG removed some 9,400 cubic yards in order to dock their
vessels on the north side of Oregon Inlet because the channel on the south side had shoaled to the
point of being undependable (USACE, 2004a). According to a 2005 report to the NC General
Assembly, Walter Slough was dredged 60 ft wide to a depth of -7 ft (+ 2 ft overdepth) with a
hydraulic pipeline dredge in 1994, 1996, and 1998 by the State through private contractors.
Disposal sites for this project include Islands and D as well as an upland disposal site next to the
Oregon Inlet Coast Guard Station. The amount of material dredged during this time period ranged
from 5,000 cy to 50,000 cy (Moffat & Nichol, 2005). A review of more recent dredge records
suggests that Walter Slough has been dredged 5 additional times between 2004 and 2020 with a
total of 425,000 cy of material excavated during that time. Portions of The Shortcut have been
maintained by the USACE when the federally authorized channel was oriented in proximity to the
Bonner Bridge. To the west of the bridge, a 100 ft wide channel was maintained by the USACE to
a depth of -12 ft (+2 ft overdepth). To the east of the bridge, the USACE was authorized to
maintain a 400 ft. wide channel to a depth of -14 ft. (+3 ft. overdepth). Dredging from within The
Shortcut was performed by USACE sidecast dredges and special purpose dredges with material
placed to the side of the channel (when operating as a sidecast dredge) or disposed in the nearshore
disposal area off the northern portion of Pea Island. The USACE has also employed a contracted
pipeline dredge to maintain the section of The Shortcut that extends east of the Basnight Bridge
with the dredged material being placed along Pea Island's beach.
Although shoaling continues to be problematic in all three channels, no permits are in place to
maintain navigation through Walter Slough or the Crack. The Shortcut, which had been
maintained on a regular basis by the USACE, is no longer dredged due to the fact that the federal
navigation channel no longer runs through that area and therefore the USACE no longer has the
authority to maintain it. The federal navigation channel now runs in a location to the southwest of
The Shortcut in an area referred to as the "Alternate Route". Under Alternative 1, no additional
permits will be granted for maintenance dredging within Walter Slough and The Crack. In
addition, the USACE will no longer have the authority to maintain The Shortcut due to the location
of the federal navigation channel (Figure 2).
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
7

Pamlico Sound
The Shortcut
Atlantic Ocean
Oregon Inlet
Pea Islan
Google Earth
3504652.N' H 75°3252.94' L ! e _, 0 eye at in L6jf
Figure 2. Location of the Walter Slough, The Crack, The Shortcut, and USACE's "Alternate Route" channel
extending from Hell's Gate to the Basnight Bridge
2.1.1. Disposal Areas Utilized Under Alternative 1
Dredged material excavated from within Walter Slough has been placed in several upland disposal
locations over the years. The USACE's 2004 Section 107 Detailed Project Report for maintenance
dredging within Walter Slough states that available upland disposal sites for the dredged material
are limited largely due to other ongoing dredging projects in the vicinity. Island D, which is
located just to the west of the confluence of Walter Slough and the Oregon Inlet Channel to
Manteo, was identified by the USACE as the closest upland disposal island to Walter Slough large
enough to handle the volume of material to be dredged (USACE, 2004a). Capacity within Island
D, however, was determined to be insufficient for the long-term maintenance of Walter Slough by
the USACE, unless dredged material is removed on a regular basis (USACE, 1999). Previous
dredging within the eastern terminus of Walter Slough at the OIFC basin included the placement
of material within the upland disposal site adjacent to the USCG station. On November 3, 1998,
in response to a request for the USACE to dispose 4,000 cy of material adjacent to the USCG
station, the NPS stated that the site could accommodate this material however they will not allow
the upland disposal site to be enlarged or allow for the creation of a new site on park property.
This indicates that this disposal site will no longer be available for future dredge maintenance
events.
Material dredged from within The Shortcut has been managed via open water disposal in the
nearshore waters off Pea Island, within deep scour holes in proximity to the Bonner Bridge (which
is no longer in existence), placement of material on Pea Island, and via sidecast dredging. The
northern extent of the nearshore disposal site off Pea Island is located approximately 1,500 ft south
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
8

of the inlet shoulder and spans 5,000 ft southward. Disposal of material within this area is limited
to proximity of the -14 ft MLLW contour and encompasses approximately 287 acres. Sidecast
dredging by the USACE has also been conducted within The Shortcut allowing for the expeditious
removal of shoals and to allow for the operation of the special purposed dredged which require
deeper waters to operate. When the federal channel was aligned within portions of The Shortcut,
the 2004 FONSI entitled "Use of Government Plant to Dredge in Federally Authorized Navigation
Projects in North Carolina" (USACE, 2004b) codified the USACE's ability to dispose of material
dredged into the Pea Island disposal area, the deep scour holes adjacent to the Bonner Bridge, and
via sidecasting.
2.2. Alternative #2: Applicant's Preferred- Maintenance dredging within Walter
Slough, The Crack, and The Shortcut utilizing existing and new dredge disposal
areas within the project area
Dare County is seeking permits allowing for maintenance dredging within several navigation
channels in proximity to Oregon Inlet. These include a channel locally known as "The Crack",
Walter Slough, and a channel previously maintained by the USACE that connects The Crack to
the Oregon Inlet gorge referred to as "The Shortcut". Dredging within these areas would be
performed by 1) a contracted cutterhead pipeline dredge, 2) the newly constructed special purpose
dredge Miss Katie, or 3) the USACE's dredge fleet, namely the special purpose dredges Murden
and Currituck, and the sidecast dredge Merritt. The Miss Katie is a recently constructed dredge
built through a public/private partnership, which has capabilities to excavate material in a similar
fashion as the USACE's special purpose dredges and as a sidecast dredge. Although portions of
the two dredge disposal corridors include small areas of submerged aquatic vegetation (SAV)
based on the 2019-2020 SAV survey, no SAV resources will be directly impacted through
dredging under Alternative 2. A 100 ft no -dredge buffer will be imposed around SAV and shellfish
resources when a special purpose or pipeline dredge will be used for maintenance dredging events
and a 300 ft no -dredge buffer will be imposed around these resources when sidecast dredging will
occur. Furthermore, no material will be disposed within 100 ft of any known SAV or shellfish
beds.
The proposed action also involves the use of several of dredged material disposal sites within the
central portion of the County. The disposal areas for the material dredged from these non-federal
channels will include the existing nearshore disposal site off Pea Island, the deep scour holes west
of the Basnight Bridge, and the footprint of what was once Green Island located to the southwest
of the Basnight Bridge. The Miss Katie and USACE special purpose dredges will dispose of
material within the nearshore disposal site off Pea Island and within the deep scour holes west of
the Basnight Bridge while a contracted cutterhead pipeline dredge would be used for the
restoration of the 25-acre Green Island. Sidecasting performed by the Miss Katie or the USACE
sidecast dredge "Merritt" would be limited to shallow shoaled in areas that would require the
creation of a pilot channel to allow access for special purpose dredging to commence.
Maintenance dredging performed by the Miss Katie and USACE special purpose dredges will
occur on a year-round basis with the exception of sidecast dredging which will be limited to
operating outside of the fisheries moratorium 1 April and 31 July. In addition, while the initial
restoration of Green Island may occur during any time of the year, maintenance of the island
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
9

(including placement of additional dredged material following its initial construction) will be
limited to outside of the bird nesting season (1 April through 31 August) any given year.
Section 2.2.1 provides additional information pertaining to the channels included for maintenance
under this proposed action. Section 2.2.2 includes information pertaining to sediment
characteristics of material from within these channels. Section 2.2.3 includes details regarding the
disposal areas that will be utilized to increase capacity in central Dare County, and Section 2.2.4
includes specifications of the dredge plants to be employed.
2.2.1. Dredge Locations Included Under Alternative 2
Maintenance dredging under Alternative 2 would occur within two discrete areas. One area,
described herein as the "Water Slough and The Crack Dredge Corridor", encompasses 230 acres
(10,025,360 sq ft) (Figure 3). The portion of this dredge corridor spanning Walter Slough extends
approximately 1.5 miles and runs from the entrance of the boat basins at the OIFC and the USCG
Station Oregon Inlet to Range 17 of the federally authorize Manteo (Shallowbag) Bay navigation
channel. The portion of this dredge corridor encompassing The Crack extends southward
approximately 0.9 miles from the middle of Walter Slough towards the deep -water channel near
the southern tip of Bodie Island (Figure 2). The other area where maintenance dredging could
occur is within a 52.4-acre (2,282,033 sq ft) area and is described as "The Shortcut Dredge
Corridor". This corridor extends from the west of the Basnight Bridge towards the gorge in Oregon
Inlet (Figure 3). Maintenance dredging within these two corridors will follow the best water and
will be limited to a 100 ft wide channel to a depth of -14 ft MLLW, which are the same dimensions
as the federally authorized channels within the area.
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
10

39,9009E
WALTER SLOUGH
AND THE CRACK
DREDGE CORRIDOR
\7
t DEEP SCOUR HOLE
ilikDISPOSAL CORRIDOR
•
PAMLICO
SOUND
3010090E
3020000E
OREG8
INLET FISHING
CENTE
USCG
STATION a
44.111
BODIE
ISLAND,.
THE SHORT
1117 DREDGE
-CORRIDOR
3020000E
BASNIGHT
BRIDGE
GREEN
ISLAND
0039000E
OREGON
INLET
ATLANTIC'
OCEAN
NEARSHORE
DISPOSAL AREA
PEA
ISLAND
3030I000E
Notes:
1. Coordinates are in feet based on the North Carolina
State Plane Coordinate System, North American
Datum of 1983 (NAD 83).
2. Aerial photography provided by ESRI basemap
services and taken on 2022-07-16.
Legend:
air Walter SloughlThe Crack Dredge Corridor
AP The Shortcut Dredge Corridor
Disposal Areas
Proposed Green Island Feet
0 2,500 5,000
N
Title:
DREDGE CORRIDOR
MAP
DARE COUNTY, NC
COASTAL PROTECTION ENGINEERING
OF NORTH CAROLINA, INC.
4038 MASON60140 LOOP ROAD
WILMINGTON, NC 28409
PH. [phone]
Figure 3. Channels included for the proposed action under Alternative 2.
2.2.2. Sediment Characteristics from Areas to be Dredged Under Alternative 2
Data pertaining to the sediment characteristics within the Walter Slough and The Crack Dredge
Corridor and The Shortcut Dredge Corridor were compiled from various sources including
vibracore campaigns performed by the USACE and CPE between 1998 and 2021. The results of
these geotechnical explorations are described below.
The USACE performed subsurface investigations within Walter Slough in April 1998. A total of
four holes were drilled and samples were collected using a 5-foot-long splitspoon tube (Figure 4).
Three of the holes (WS-1, WS-2, and WS-4) were drilled along the existing channel alignment of
Walter Slough. WS-1 was drilled between the OIFC boat basin and the intersection of the existing
channel with The Crack (USACE, 1999). WS-2 was drilled just east of that intersection, and WS-
4 was drilled west of that intersection closer to Range 17 of the federally authorized Manteo
(Shallowbag) Bay project. The remaining hole, WS-3, was drilled The Crack. Sediment samples
from WS-2, WS-3, and WS-4 were classified as fine or fine -to -medium grain, poorly graded sands
and designated as SP via the Unified Soil Classification System (USCS) classification system.
Material from WS-1 was determined to contain sandy silt/clay with over 58% of the material
passing the #200 sieve and was classified as SM (USACE, 1999).
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
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Pamlico Sound
Walter Slough and
The Crack Dredge
Corridor
AfS-2
Figure 4. Locations of sediment samples collected from within Walter Slough and The Crack in 1998 by the
USACE
The USACE performed three additional geotechnical campaigns within the confines of Walter
Slough in 1999, 2000, and 2007 culminating in the collection of an additional 40 vibracores
spanning the entirety of the channel. Analysis of the boring logs determined that the majority of
the sampled material was generally described as poorly graded with the USCS classification of SP
(USCG, 2013). Some of the vibracores showed layers of silt mixed in along with the sand. As
concluded in an Environmental Assessment drafted by the USCG in which the results of these past
geotechnical studies were examined, it was determined that, "sediments within the project area
(Walter Slough) have been sampled several times in the past and results show that the majority of
sediments... are beach quality sand, containing less than 10% fine-grained material" (USCG,
2013).
In 2018, the USACE contracted with Anamar Environmental Consulting, Inc. to collect a series of
sediment samples in proximity to the USCG Station Oregon Inlet boat basin (Figure 5). Sediment
samples from nine (9) vibracores were analyzed for geotechnical characteristics as well as the
presence of metals, pesticides, herbicides, volatile organic compounds, and semi -volatile organic
compounds. Of the vibracores included within this effort, three (WS-CG-07, WS-CG-08, and WS-
CG-09) fall within the domain of the proposed "Walter Slough and The Crack Dredge Corridor".
Geotechnical analysis of these three (3) cores suggest that the material contained mostly fines and
no gravel with grain sizes varying between 0.15mm — 0.19mm. The Unified Soil Classification
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
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System (USCS) classification for this material was determined to be MH (inorganic silts,
micaceous or diatomaceous fine sandy or silty soils, elastic silts) (Table 1) (Anamar, 2019).
Notes:
= Vibracore Sample Location
- Image Source: Google Earth 2018
Google Earth
0
250 500
Feet
Figure 5. Locations of vibracores collected by the USACE in 2018 in proximity to the USCG Station Oregon
Inlet.
Table 1. Geotechnical data obtained by the USACE in 2018 in proximity to the USCG Station Oregon Inlet.
Boring ID
Sample
Number
USCS
Classification
% Gravel
% Sand
% Fine
Mean Grain
Size (mm)
WS-CG-07
S-1
MH
0.00
8.65
91.35
0.18
S-2
MH
0.00
7.89
92.11
0.16
WS-CG-08
S-1
MH
0.00
34.18
65.82
0.19
S-2
MH
0.00
4.33
95.67
0.15
WS-CG-09
S-1
MH
0.00
3.87
96.13
0.17
The analysis for metals resulted in detectable in concentrations above the method detection limit
(MDL) for Selenium at WS-CG-09 only. However, none of the results exceeded the TCLP
regulated concentrations thresholds (http://www.ehso.com/cssepa/TCLP.htm). None of the
pesticides, herbicides, volatile, or semi -volatile organic compounds tested were detected in
concentrations above the MDL in any sample nor did any of the results exceeded the TCLP
regulated concentrations thresholds (Anamar, 2019).
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
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In July 2021, Dare County commissioned a vibracores campaign which includes the collection of
five (5) vibracores from within The Crack (Figure 6). Geotechnical analysis of the data indicated
that the mean grain size of material obtained from within The Crack was 0.25mm while it
contained 0.83% silt, 0.36% granular, 0.14% gravel and contained wet and dry Munsell colors of
7. The USCS classification for this material is described as SP. The composite data from each
core is described in greater detail in Table 2.
Walter Slough and
The Crack Dredge
Corridor
4
Pamlico Sound
1DNVc-21.20
4DNVC-21-21
,i/DNCS-21-22
- IVC-21 DN23
4DNVC-21 4
Figure 6. Location of vibracores collected by Dare County within The Crack in 2021.
Table 2. Geotechnical data obtained by Dare County in 2021from within The Crack.
Sample ID
Mean
Grain
Size (mm)
Phi
Sorting
% Silt
%
Granular
%
Gravel
%
Carbonate
Wet
Munsell
Color
Dry
Munsell
Color
DNVC-21-20
0.25
0.59
0.83
0.08
0.00
N/A
6
7
DNVC-21-21
0.28
0.52
0.80
0.22
0.00
N/A
7
8
DNVC-21-22
0.24
0.54
0.61
0.07
0.22
N/A
7
7
DNVC-21-23
0.26
0.81
1.15
1.71
0.64
N/A
7
7
DNVC-21-24
0.22
0.40
0.69
0.00
0.00
N/A
7
7
Geotechnical analysis of material form within "The Shortcut" has not been performed. However,
based on it's proximity to Oregon Inlet, it is presumed that the material, much like the material
from within The Crack, is mostly sand with little fines. Furthermore, the USACE has dredged from
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
14

*593 acres
(25,842,492sf)
per CPE
11/11/22
this general area in the past and has placed the material primarily in the nearshore disposal area
off Pea Island.
2.2.3. Disposal Areas Utilized Under Alternative 2
Dredged material will be managed in four ways under Alternative 2 including 1) the disposal of
material within the deep scour holes located west of the Basnight Bridge, 2) disposal within the
nearshore waters off Pea Island, 3) disposal via sidecasting, and 4) through the beneficial reuse of
dredged material to restore Green Island.
Material dredged from within the Walter Slough and The Crack Dredge Corridor and The Shortcut
Dredge Corridor will primarily 1:,, disposed of by the Miss Katie or the USACE special purpose
dredges within the confines of the 484-acre (29,901,698 sq ft) Deep Scour Hole Disposal Corridor
located west of the Basnight Bridge or via bottom placement within the nearshore waters off Pea
Island (Figure 3). The material placed within the Deep Sour Hole Disposal Corridor will be limited
to areas containing depths sufficient to result in a post -disposal elevation no higher than -14'
MLLW. This depth ensures that the authorized channel depth through this section of the federal
channel (-14' MLLW) is maintained. Although SAV resources do occur within the Deep Scour
Hole Disposal Corridor, the disposal of dredged material will not occur within 300 ft. of any known
SAV beds. 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 ft MLLW contour (Figure 3) and
encompasses approximately 287 acres. The USACE is authorized to dispose of material dredged
from the federally authorized channel in proximity to Oregon Inlet, into these open water sites as
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, only until recently and through specific coordination
with resource agencies has the USACE used this option (personal communication, T. Horton,
March 1, 2021). In addition, in 2021, Dare County obtained permits (CAMA Permit #49-19 and
Department of Army Permit #SAW-2019-00175) to operate the Miss Katie to supplement the
USACE's efforts to maintain navigation within the proximity of Oregon Inlet. These permits allow
for the Miss Katie to dispose of dredged material within the deep scour holes west of the bridge
and within the nearshore disposal site located off Pea Island.
Sidecast dredging performed by the Miss Katie or the USACE sidecaster dredge Merritt is included
within Alternative 2. Sidecasting will occur within both dredge corridors, however these actions
will be limited for the creation of "pilot" cuts. These pilot cuts created by the sidecast dredges
will serve to allow for the special purpose dredges into shallow shoaled areas. Sidecast dredging
under Alternative 2 will be limited to operating outside of the fisheries moratorium of 1 April and
31 July.
The restoration of Green Island, once located just to the southwest of the Basnight Bridge, will
also be utilized as means to manage dredged material under Alternative 2. Green Island is within
the jurisdiction of the National Park Service (NPS) as it is within the boundary of the Cape Hatteras
National Seashore. The Cape Hatteras National Seashore expressed that Green Island would be
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
15

an ideal candidate for restoration stating, "Examples of areas where habitat restoration may occur
include the south end of Hatteras Island and Green Island in Oregon Inlet, as these are areas where
erosion has caused considerable loss of wildlife foraging and nesting habitats" (Cape Hatteras
National Seashore, 2021). During a stakeholder engagement session convened by CPE in 2019,
NC Wildlife Resources Commission (WRC), and The Nature Conservancy (TNC) staff also
expressed interest in the re-establishment of Green Island as a functioning bird island. An
examination of aerial imagery dating back to 1998 indicates that exposed portions of the island
conducive to nesting habitat ranged from approximately 20 acres to non-existent (Figures 7 and
8). The NPS stated, "Over the last 15 years, Green Island has eroded and is now completely gone,
most likely due to boat traffic in Oregon Inlet increasing wave (or wake) energy, climate change
causing relative sea -level rise, and increased storm frequency and severity" (Cape Hatteras
National Seashore, 2021). The footprint of the restored island would not exceed 25 acres in size.
The restored Green Island will be located approximately 1/3 of a mile from the mainland to
minimize the presence of mammalian predators such as coyotes and raccoons (Figure 3). The
footprint of the island is also located approximately 2,500 ft from the nearest SAV and shellfish
beds.
Oct. 2005
Nov. 2009
Jul. 2019
Figure 7. Changes over time to the size of the footprint of Green Island between 2005 and 2019.
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
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Figure 8. Aerial images of Green Island between 2004 and 2019.
In 2021, Dare County drafted a report that sought to identify and evaluate various alternatives to
increase dredge material disposal capacity. Several alternatives included means to beneficially
reuse the dredged sediment. One of the alternatives cited in the report called for the creation of
"bird islands" which would not only create additional disposal capacity but also provide
undisturbed habitat for a wide range of bird species including those that are federally listed. The
restoration of Green Island would serve this same purpose and help the County achieve the goal
for the beneficial reuse of dredged material while creating additional bird habitat.
A technical report summarizing the results of a regional workshop dealing with coastal dredging
and beach nourishment operations by the USACE held during 1-4 February 2005 was drafted by
the USACE in 2006. A summary of the presentation given at the workshop entitled "Thinking
Outside Box: A New Paradigm for Management of Dredged Material Islands in North Carolina"
by Trudy Wilder, David Allen, and Sue Cameron included the following statement:
"Because new funding for maintenance of dredged -material islands is minimal, a new
paradigm is needed to fund and manage dredged -material islands. In the past,
management of islands used by nesting birds was an indirect accomplishment of the Corps
during the operations to maintain Federal navigation channels. Now we need to think out -
of -the -box and think of bird management needs as the main objective and goal rather than
clearing of a navigation channel. The material needed to sustain the bird island is readily
available within the adjacent Federal navigation channel. The future needs of these vital
bird nesting sites will require working together, thinking of innovative management
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
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strategies and directions, such as... develop new funding strategies for management ofbird
nesting sites. " (USACE, 2006)
Since the 1890s, the USACE has created over 2,000 man-made islands by depositing dredged
material. Most of these islands were created during construction of the Intracoastal Waterway
System during the 1930's and 1940's. The large increase in human development along coastal
areas during the past 50 years has greatly reduced the availability of natural beach and island
habitat used by breeding, migrating, and roosting waterbirds and shorebirds. The use of dredged
material can be one of the most effective ways to create, restore, or maintain open, bare sand, or
sand -shell habitats on beaches and islands (Golder et. al, 208). During the 1970's, personnel at
the USACE Wilmington District, North Carolina, recognized the value of dredged material to
increase and improve habitat specifically for nesting colonial waterbirds. Use of dredged material
for the creation of bird habitat has been incorporated in the Wilmington District's dredging
program ever since. Currently, many of birds now depend upon these artificial islands, also known
as "bird islands" with some of these islands supporting large proportions of the regional breeding
populations for some species (USACE, 2006).
While the initial restoration of Green Island may occur during any time of the year, maintenance
of the island will be limited to outside of the bird nesting season (1 April through 31 August) any
given year. The material used to restore Green Island would be obtained via maintenance dredging
by a cutterhead pipeline dredge operating within either The Walter Slough and The Crack Dredge
Corridor or within The Shortcut Dredge Corridor. The quality of material to be dredged from
within both corridors is conducive for proper bird habitat as this material is mostly sandy. Dredged
material would be disposed of within the footprint of the restored island using the control -of -
effluent method of discharge. This method involves the gradual build-up of an island using berms
that direct effluent in such a manner that the sandy dredged material "drops" out, building up the
island, while the effluent water is virtually free of dredged material (USACE Wilmington District,
2006). Upon completion of the project, the berms are knocked down, leaving a naturally sloped
island well -suited to use by colonial nesting waterbird species (USACE Wilmington District,
2006). Temporary sand dikes may be needed to control the effluent flow of material. Once a high
ground is established, the discharge point would be moved to the high ground and should no longer
be discharging in open water. The dredged material is expected to settle at its natural angle of
repose and should therefore reduce erosion scarping from high energy waves. However, this slope
should not exceed 1V:15H. If the slope exceeds 1V:15H, the contractor should be required to
smooth the slope to the appropriate angle (Carteret County, 2019).
The final size of the restored island, as recommended by the NC WRC, will be no greater than 25
acres and the elevation be limited to approximately +15 ft MHW relative to the MLLW datum to
maintain the ideal habitat for the types of birds for which this habitat is designed. Given the size
and the assumption that the island could be constructed in areas between -5 and -6 feet NAVD
water depths, based on 2019-2020 survey data, the bird island will create a maximum capacity for
704,323 cy of dredge spoils. Given the fact that maintenance dredging within the two dredge
corridors will most likely not result in the excavation of that much volume, it is likely that the
initial construction of the restored island may be result in a smaller footprint at a lower elevation
than what is being planned for, however, future events may increase the size of the island. In fact,
once the island is constructed, habitat management will most likely be required after year 5 post -
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
18

construction to maintain the island in an early seral stage, which is required for most species of
terns. In approximately 7-10 years, vegetation will become too dense for most breeding terns and
the island would lose its important bird habitat value. The most effective and longest lasting means
of maintaining early successional habitat is by periodic renourishment with a fresh deposit of
dredged material (Golder et al., 2008). Therefore, the restored Green Island will receive additional
dredge material from either dredge corridor periodically in the future following its initial
construction.
2.2.4 Dredge Plant Utilized Under Alternative 2
The type of equipment used to dredge the channels associated with Alternative 2 are dictated by
the nature of the disposal technique. Material used for the restoration of Green Island will be
excavated by a contracted hydraulic pipeline cutterhead dredge. Other dredges include the Miss
Katie, the USACE's special purpose dredges the Currituck and Murden and the USACE sidecast
dredge Merritt. A description of these various dredge plants are as follows:
Contracted Hydraulic Pipeline Cutterhead Dredge
The hydraulic pipeline cutterhead dredge, or cutterhead dredge (Figure 9), is the most commonly
used dredging vessel and is generally the most efficient and versatile. It performs the major portion
of the dredging workload in the USACE dredging program (USACE, 2015). Because it is equipped
with a rotating cutter apparatus surrounding the intake end of the suction pipe, it can efficiently
dig and pump all types of alluvial materials and compacted deposits. This dredge has the capability
of pumping dredged material long distances to upland placement areas. Slurries of 10-20% solids
(by dry weight) are typical, depending upon the material being dredged, dredging depth,
horsepower of dredge pumps, and pumping distance to the placement area.
The cutterhead dredge is generally equipped with two stern spuds used to hold the dredge in
working position and to advance the dredge into the cut or excavating area. During operation, the
cutterhead dredge swings from side to side alternately using the port and starboard spuds. The
excavated material may be placed in areas such as open water sites, on a beach, or in confined
placement areas located either in the water or upland. In the case of open -water placement, a
floating discharge pipeline may be used (USACE, 2015). The floating discharge pipeline can
consist of sections of pipe mounted on pontoons and held in place by anchors, or it may consist of
flexible floating hose (for example, rubber hose encased in buoyant material). Submerged
discharge pipeline can, under appropriate site -specific conditions, be used to reduce wave- and
current -induced forces to enhance pipeline joint connectivity. Additional sections of shore pipeline
are required when upland placement is used. The cutterhead dredge is suitable for maintaining
harbors, canals, and outlet channels where wave heights are not excessive (USACE, 2015).
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Figure 9. Schematic of a hydraulic pipeline cutterhead dredge.
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. The Miss Katie became
operational in the August 2022. According to the design, the dredge has an overall length of 156'
3" and a beam of 35' and has the capability to operate as a special purpose dredge as well as a
sidecaster. It's draft, when loaded, is approximately 9' 5" (Figure 9).
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Figure 10. 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 USACE
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:
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"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
and Schweizer to maintain coastal inlets on the eastern seaboard of the United States
may affect, but is not likely to adversely affect the continued existence of listed species
under NMFS purview. 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 drag
heads nor is screening or observers required. The Miss Katie will abide by the same standards.
Dare County was issued a CAMA Major Permit #49-19 on June 24 2019 and a Department of
Army Individual Permit #SAW-2019-00175 on April 20, 2020 for operations within the confines
of federally authorized channels in proximity to Oregon Inlet in 2019.
USACE Dredge Fleet
When operating, sidecast dredges like the Merritt (Figure 10) dispense material to the side of the
navigation channel, while special purpose dredges such as the Currituck (Figure 11) and Murden
(Figure 12) fill a small hopper with the material and transport it to designated disposal areas. In
special purpose dredges, such as the Currituck, 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. In
2012, the USACE replaced the sidecast dredge Fry with the special purpose dredge Murden. The
Murden is similar in design to the Currituck, but has a larger bin capacity of 512 cubic yards
compared to 315 cubic yards for the Currituck. The Murden along with other USACE dredges
including the Currituck and the sidecast dredge Merritt have all worked in Oregon Inlet.
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. The Merritt costs $1,708 per hour, or $20,496/day.
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Figure 11. The sidecast dredge Merritt
Figure 12. The special purpose dredge Currituck.
Figure 13. The special purpose dredge Murden.
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3.0 ENVIRONMENTAL SETTING
3.1. Physical Environment within the Project Area
The majority of the project area encompasses a dredge disposal area and navigation channels
within portions Pamlico Sound in proximity to Oregon Inlet. In addition, the project area includes
the nearshore disposal area located in the nearshore waters of the Atlantic Ocean off the northern
portion of Pea Island.
The waters within the sounds are relatively shallow and are intermixed with sandy shoals and
limited areas of shellfish beds and submerged aquatic vegetation while the nearshore area off Pea
Island is composed of a sandy bottom.
3.1.1. Climate
The Gulf Stream, which runs up the coast within the Atlantic Ocean from the tropics at four miles
per hour, moderates temperatures along the coast. The Gulf Stream is usually situated only 12 to
15 miles from the coast off Cape Hatteras and begins to move further offshore as it heads towards
the British Isles. Coastal North Carolina typically experiences a moderate climate that are warmer
than inland counterparts, with temperatures ranging typically from 50 degrees on average in
January to 80 degrees on average in July. This is largely attributed to the consistently warmer
waters of the Gulf Stream. However, the cold Labrador Current which passes between the Gulf
Stream and the North Carolina coast, often offsets much of the warming effect the Gulf Stream
might have on coastal temperatures.
3.1.2. Tides, Currents, and Sea Level Rise
Tides and Currents
The nearest tide gauge to the project area is located at the OIFC (Tide Station 8662597) and has
been maintained by the National Oceanographic and Atmospheric Administration (NOAA) since
1977 (NOAA, 2022). Table 3 gives pertinent tide range data from the tide gauge. It is expected
that lunar tides in the project area would be comparable to those exhibited at the OIFC.
Table 3. Pertinent Tide Data from Tide Gauge 8662597
Tide Level
MLLW (ft)
Mean Higher High Water (MHHW)
1.18
Mean High Water (MHW)
1.03
North American Vertical Datum (NAVD88)
0.70
Mean Low Water (MLW)
0.13
Mean Lower Low Water (MLLW)
0.00
The lunar tidal range between MHHW and MLLW. is only 1.18 feet (Table 3). The long fetch
length within the project area causes wind to have a greater impact on tide levels than normal lunar
tide cycles. Depending on the wind direction, on any given day the tides can be higher or lower
than normal. The barrier islands of the Outer Banks also play a part in attenuating the tidal pull
within the sound. Currents tend to be stronger with closer proximity to Oregon Inlet compared to
more distal portions of the project area (i.e the entrance to the OIFC and USCG Station Oregon
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Inelt). Although the majority of the project area is several miles from the inlet with typically lower
velocity current, the area is dynamic with impacts from frequent storms.
Sea Level Rise
On October 1, 2011, the USACE distributed an Engineering Circular (EC) setting parameters for
the inclusion of the effects of projected sea level rise for all phases of USACE coastal projects.
This consideration includes the planning, engineering, design, construction, operation and
maintenance phases (EC 1165-2-212). Because projects are implemented at a local or regional
scale, it is important to distinguish between global mean sea level (GMSL) and local mean sea
level (MSL). According to the USACE (1996), global mean sea level (GMSL) change is defined
as a global change of oceanic water level. Local mean sea level (MSL) changes result from the
collective effects of GMSL and regional changes, such as local land elevation changes.
According to the International Panel on Climate Change (IPCC) (2013), the long-term global mean
sea level trend estimates from 1901 to 2010 is 1.7 mm/year, for a total sea level rise of 0.19 m.
The latest IPCC report states that global mean sea level will continue to rise during the 21st century,
and climate models predict that rates of sea level rise will increase due to increased ocean warming
and melting glaciers and ice sheets (IPCC, 2013).
Mean sea level trends can be estimated using historical tidal gauge records. The NOAA tide
observation station at Oregon Inlet Marina (Tide Station 8652597) is presently in working order
and continues to collect tide data. The mean sea level trend for Oregon Inlet is estimated at 5.32
(+/- 1.12) mm/year, based on monthly mean tidal data recorded by Tide Station 8652587 from
1977 to 2021 (Figure 13) (NOAA, 2022).
8652587 Oregon Inlet Marina, North Carolina 5.32 - I- 1.12 mmlyr
0.60 1
0
0.30
—
—Linear Relative Sea Level Trend
—Upper 95% Confidence Interval
—Lower 95% Confidence Interval
Monthly mean sea level with the
average seasonal cycle removed
—
0.15
N
y
0.00
di
-0.15
-0.30
-0.45
-0.60
1920 1930 1940 1950 1960 1970 1980 1990 2000 2010 2020
Figure 14. Relative sea level rise trend at Oregon Inlet Marina, North Carolina.
3.1.3. Wind and Storms
Wave data gathered by the USACE's Wave Information Studies program from WIS Station 63223,
located offshore from Oregon Inlet; indicates that the mean wind speed from 1980 through 2014
near Oregon Inlet was 15.4 mph with a maximum wind speed of 86 mph. The mean wind direction
during this timeframe was from the southeast at 142° (Figure 14) (USACE, 2018).
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vv�
Wave Information Studies
Atlantic WIS Station 63223
01-Jan-1980 thru 31-Dec-2014
Long: -75.33° Lat: 35.83° Depth: 30 m
Total Obs : 306815
WIND ROSE
N
0
337.5 22.5
292.5
.4irsto
'40
31S5
67.5
135
247.5
225
WIND SPEED (m/s)
202.5 157.5
180
S
0-5 5-10 10-15 15-20
20-25 25-30 >30
ERDC
frequency
of
0.13 occurrence
90 E
112.5
US Army Engineer Research & Development Center ST63223_v03
Figure 15. Average wind speed and direction near Oregon Inlet from WIS Station 63223.
Most of the storms affecting the Outer Banks, including within the sound, occur during the months
of November through April with the most intense in January followed by December and February.
Cione et al. (1993) showed that between November and March, there are 4 or 5 extratropical
cyclones which occur per month in the vicinity of Cape Hatteras, with each event lasting 1 to 4
days. Generally, the North Carolina coast is subject to two types of severe windstorms: extra -
tropical northeasters and hurricanes. These storms are fairly common in this area, with between 30
and 35 of varying severity hitting the coast each year (US DOT, 2008). Hurricanes may be
responsible for major events, such as inlet openings and closings, but because of their relative
infrequency (approximately one hurricane every two years), the overall impact of hurricanes is
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less significant than northeasters on this section of the coast (US DOT, 2008). Storm surges
associated with hurricanes and extra -tropical lows have dramatic impacts on in the project area by
generating water level differences between the sound and the ocean, which potentially could be
more than 10 feet (3 meters). The maximum sound water level of 7.5 feet over mean sea level was
recorded during Hurricane Donna, in September 1960; during the Ash Wednesday Storm in March
1962, the maximum ocean surge level of 8 feet over mean sea level was recorded (US DOT, 2008).
4.0 AFFECTED ENVIRONMENT
4.1. Water Quality
The waters of the Atlantic Ocean contiguous to that portion of Pasquotank River Basin that extends
from the North Carolina -Virginia State Line to the northeast tip of Ocracoke Island are classified
as SB by the North Carolina Department of Environmental Quality, Division of Water Resources
(DWR). Class SB waters are tidal salt waters protected for all SC uses in addition to primary
recreation. Primary recreational activities include swimming, skin diving, water skiing and similar
uses involving human body contact with water where such activities take place in an organized
manner or on a frequent basis. Class SC waters are all tidal salt waters protected for secondary
recreation such as fishing, boating and other activities involving minimal skin contact; fish and
noncommercial shellfish consumption; aquatic life propagation and survival; and wildlife.
Water quality can be measured by a number of different methods that quantify re -suspended
sediments and the related effects of turbidity, light attenuation and water chemistry. Turbidity,
expressed in Nephelometric Turbidity Units (NTU), quantitatively measures the clarity of water,
taking into account the scattering and absorption of light by suspended particles. The two reported
major sources of turbidity in coastal areas are very fine organic particulate matter and sand sized
sediments that are re -suspended around the seabed by local waves and currents (Dompe, 1993).
Total Suspended Solids (TSS) are solids that are present anywhere in the water column. TSS can
include a wide variety of material, such as silt, decaying plant and animal matter, industrial wastes
and sewage. Currently, there are no standards associated with TSS in North Carolina.
In 1989, the DWR (at the time known as the Division of Environmental Management of the North
Carolina Department of Environment, Health, and Natural Resources) conducted a synoptic water
quality study of the Albemarle/Pamlico system. Water quality parameters were sampled from 33
sampling sites at the surface, photic zone, bottom, and throughout the water column. Two locations
sampled near Oregon Inlet (Pamlico Sound near channel marker R 4M14 "PA" and Roanoke
Sound at channel marker G "9") indicated that the parameters tested were within state standards
and expected ranges (US DOT, 2008).
The DEQ's Division of Marine Fisheries (DMF) maintains water quality sampling sites throughout
the State. Although no stations are maintained in proximity to the project area within the sound,
several oceanside stations are found within the area. Two such stations near the Oregon Inlet
indicate good water quality levels, with enterococci levels within the EPA standards for swimming.
These monitoring sites are located specifically at the northernmost beach access on Pea Island
(Station ID #25) and at the Oregon Inlet Federal Campground (Station ID #23) (Figure 15).
Between January 2021 and December 2021, neither monitoring site exhibited enterococci levels
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about the EPA standard indicating that water quality, in terms of bacterial contamination, was good
in the ocean waters around Oregon Inlet and no water quality advisories or alerts had been issued
(NCDMF, 2021).
Notes:
1. Coordinates are in feet based on the
North Carolina State Plane Coordinate
System, East Zone, North American Datum
of 1983 (NAD 83).
2. 2016 background imagery is ESRI Imagery
basemap from NC CGIAdated February 11, 2016.
Legend:
RWQ Monitoring Station
0
3,500
7,000
Feel
Figure 16. Water quality sampling stations in proximity to the project area.
4.2. Air Quality
In accordance with the Clean Air Act of 1970 (42 USC 7609, as amended in 1990 and 1997) the
US Environmental Protection Agency (USEPA) established National Ambient Air Quality
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Standards (NAAQS) for the protection of public health and welfare. Ambient air quality standards
are based on six common pollutants: particulate matter less than 2.5 m (PM-2.5); particulate matter
2.5 to 10 m (PM-10); carbon monoxide (CO); ozone (03); sulfur dioxide (SO2); nitrogen dioxide
(NO2); and lead (Pb). According to the EPA, a geographic area that meets or is within the national
ambient air quality standard is deemed an "attainment area"; an area that does not meet this
standard is called a nonattainment area. Dare County as a whole is designated as an attainment
area (USEPA, 2014).
4.3. Noise
Noise levels in the proposed project area are relatively low. No terrestrial -based commercial or
industrial activities exists within the proposed project area. The two main sources of noise in
proximity to the inlet originate from vehicular traffic on the Bonner Bridge along Highway 12 and
boat traffic (including dredging activity).
In 2003, a noise measurement survey was conducted in areas surrounding Oregon Inlet. The A -
weighted noise levels, a measure of sound intensity with frequency characteristics that correspond
to human subjective response to noise, were recorded in a grassy area in the Oregon Inlet
Campground located approximately 1.5 miles to the north of Oregon Inlet. The average A -
weighted noise level at this location was 58 dBA which does not approach the Federal Highway
Administration's Noise Abatement Criteria (NAC) for Category B activities (US DOT, 2008).
As stated previously, a wide range of commercial and recreational vessels utilize the project area
on a regular basis and contribute to the noise. The primary sources of noise emanating from ships
originates from their propellers, motors and gears. The noise created by the motor is continuous
and caused by the combustion of fuel inside the engine cylinders and by the rotating gears and
shafts. Sound is also created by bubbles formed by the rotating propellers and, to a lesser extent,
by the wake of waves produced by the movement of the ship. The breaking of these bubbles creates
a loud acoustic sound and is known as cavitation noise. The faster the propeller rotates the more
cavitation and the louder the sound. The breaking bubbles produce sound over a range of
frequencies, and at high speeds, these frequencies can be as high as 20,000 Hz. On the other
extreme, a large ship with slowly turning propellers can generate very low frequencies (below 10
Hz) (Discovery of Sound in the Sea, 2018). Most vessels, but particularly large ships, produce
predominantly low frequency sound (below 1 kHz) from onboard machinery, hydrodynamic flow,
and from propeller cavitation (Ross, 1987). Source levels can range from < 150 dB re: luPa to
over 190 dB for the largest commercial vessels (Hildebrand, 2009).
Along with boating operations, the use of dredges contributes to the noise experienced within the
project area. Hopper dredges, like the USACE Murden and Currituck, hydraulically remove
sediment from the seafloor through dragheads. Sediment is sucked upward through a pipe by
means of centrifugal pumps, and the slurry is transferred to the hopper bin. These actions, along
with operating the vessel's engine, produce noise ranging from 70 to 1,000 Hz with peaks at 120
to 140 dB (Clarke et al 2002, unpublished). Robinson et al., (2011) carried out an extensive study
of the noise generated by a number of trailing suction hopper dredges during marine aggregate
extraction. Source levels of the vessels were estimated and an investigation undertaken into the
origin of the noise. Source levels at frequencies below 500 Hz were generally in line with those
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expected for a cargo ship traveling at modest speed. Levels at frequencies above 1 kHz were
elevated by additional noise generated by the extraction in harder substrate (e.g., gravel), and
attenuate rapidly with distance. CEDA (2011) indicate that hopper dredges have a source level of
186 dB — 188 dB re luPa rms ranging from 100 — 500 Hz. In a study of hopper dredge noise on a
sand shoal, Reine et al., (2014) found that source levels peaked at 178.7 dB re luPa at lm.
Additional ambient noise levels in the project area arise from sources such as wind and breaking
waves. Ambient sound levels within coastal waters can vary seasonally and temporally, and are
associated with shipping and industrial sounds, wind -and -wave induced sound, and biologically
produced sound (Richardson et al., 1995).
4.4. Essential Fish Habitat
4.4.1. Fishery Management
The Magnuson -Stevens Fishery Conservation and Management Act (MSFCMA) of 1976,
amended on October 1996 and also referred to as the Sustainable Fisheries Act, was enacted by
the U.S. Congress to protect marine fish stocks and their habitat, prevent overfishing while
achieving optimal yield and minimize bycatch to the extent practicable. Congress defined Essential
Fish Habitat as "those waters and substrate necessary to fish for spawning, breeding, feeding or
growth to maturity". The MSFCMA requires that EFH be identified for all fish species federally
managed by the Fishery Management Councils (FMC) and the National Marine Fisheries Service
(NMF S).
Eight FMC were established under the MSFCMA to manage living marine resources within federal
waters and are required to describe and identify EFH designations in their respective regions. Each
of these councils is responsible for developing Fishery Management Plans (FMP) to achieve
specified management goals for fisheries. The FMP includes data, guidelines for harvest, analyses
and management measures for a fishery. Each FMP must describe the affected fishery, analyze the
condition of the fishery, and describe and identify relevant EFH.
In close coordination, both the South Atlantic Fisheries Management Council (SAFMC) and the
Mid -Atlantic Fisheries Management Council (MAFMC) manage marine fisheries in the federal
waters off the North Carolina coast. Federal water limits off the North Carolina coast extend from
3 nautical miles to 200 nautical miles. In addition, the Atlantic States Marine Fisheries
Commission (ASMFC) manages fisheries in the state waters of all 15 Atlantic coast states from
Maine to Florida. The ASMFC manages fish stocks within the state waters of North Carolina from
the coastline to three nautical miles offshore.
The SAFMC is responsible for the conservation and management of fish stocks within the federal
200-mile limit of the Atlantic off the coasts of North Carolina, South Carolina, Georgia and east
Florida to Key West. The seven states that comprise the MAFMC are New York, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia and North Carolina (North Carolina is also on the
South Atlantic Council). The MAFMC also works with the ASMFC to manage summer flounder,
scup, black sea bass, bluefish and spiny dogfish. The SAFMC broadly defines EFH habitats for all
of its managed fisheries in a generic management plan amendment that contains life stage based
EFH information for each of the federally managed species. The SAFMC currently manages eight
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fisheries that include coastal migratory pelagics, coral and live bottom habitat, dolphin and wahoo,
golden crab, shrimp, snapper grouper, spiny lobster and Sargassum. Of these eight fisheries, only
the snapper grouper complex contains species that are considered overfished. Both the recreational
and commercial snapper grouper fisheries are highly regulated and progress continues to be made
as more species are removed from the overfished list each year. The other fisheries are expected
to continue into the future at productive sustainable levels (SAFMC, 2018).
The MAFMC is responsible for the conservation and management of fish stocks in the federal
waters off the coasts of New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia and
North Carolina. They have prepared multiple FMPs with amendments to identify EFH for each
life stage (eggs, larvae, juvenile and adults) of its managed fisheries (Table 4). The MAFMC
identifies several broad areas designated as EFH in estuarine and marine environments. The six
FMPs developed by the council are the golden tilefish; summer flounder, scup, black sea bass;
dogfish; surf clam and ocean quahog; Atlantic mackerel, squid, and butterfish; and bluefish
(MAFMC, 2014).
NMFS has also prepared multiple FMPs with amendments to identify EFH within its authority.
Four fisheries (billfish, swordfish, tuna and sharks) are managed under the FMPs of NMFS and
are classified as Highly Migratory Species (HMS). NMFS geographically defines EFH for each
HMS along the Atlantic coast. The defined EFH areas are species -specific and include shallow
coastal waters, offshore waters inside the exclusive economic zone (EEZ), offshore waters outside
the EEZ and inshore waters along the Atlantic coast (NMFS, 2010).
The North Carolina Marine Fisheries Commission (NCMFC) manages commercially and
recreationally significant species of fisheries found in state marine or estuarine environments. The
NCMFC designates Primary Nursery Areas (PNA) that are included as EFH by the SAFMC.
Table 4. EFH for managed species within coastal North Carolina. Not all species within a management unit
have EFH designated; such species have `none' within the life stages column.
Management
Agency
Management Plan
Species group
Common name
Scientific name
EFH life stages
SAFMC
Calico Scallop
Calico scallop
Argopecten gibbus
A
SAFMC
Coastal Migratory Pelagics
Cobia
Rachycentron canadum
E L P J A
SAFMC
Dolphin
Coryphaena hippurus
L P J A
SAFMC
King mackerel
Scomberomorus cavalla
J A
SAFMC
Spanish mackerel
Scomberomorus maculatus
L J A
SAFMC
Coral & Coral Reef
Corals
100s of species
Florida only
SAFMC
Golden Crab
Golden crab
Chaceon fenneri
A
SAFMC
Red Drum
Red drum
Sciaenops ocellatus
E L A
SAFMC
Shrimp
Brown shrimp
Farfantepenaeus aztecus
E L A
SAFMC
Pink shrimp
Farfantepenaeus duorarum
E L A
SAFMC
Rock shrimp
Sicyonia brevirostris
A
SAFMC
Royal red shrimp
Pleoticus robustus
A
SAFMC
White shrimp
Lilopenaeus setiferus
E L A
SAFMC
Snapper Grouper
Blackfin snapper
Lutianus buccanella
J, A
SAFMC
Blueline tilefish
Caulolatilus microps
E, A
SAFMC
Golden tilefish
Lopholatilus chamaeleonticeps
A
SAFMC
Gray snapper
Lutianus griseus
L, A
SAFMC
Greater amberjack
Seriola dumerili
J, A
SAFMC
Jewfish
Epinephelus itaiara
Florida only
SAFMC
Mutton snapper
Lutianus analis
Florida only
SAFMC
Red porgy
Paarus paarus
E L J A
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SAFMC
Red snapper
Lutianus campechanus
L, P, J, A
SAFMC
Scamp
Mycteroperca phenax
A
SAFMC
Silk snapper
Lutianus vivanus
J, A
SAFMC
Snowy grouper
Epinephelus niveatus
E L A
SAFMC
Speckled hind
Epinephelus drummondhavi
A
SAFMC
Vermillion snapper
Rhomboplites aurorubens
J, A
SAFMC
Warsaw grouper
Epinephelus nijritus
E A
SAFMC
White grunt
Haemulon plumieri
E, L, A
SAFMC
Wreckfish
Polvprion americanus
A
SAFMC
Yellowedge grouper
Epinephelus flavolimbatus
E L A
SAFMC
Spiny Lobster
Spiny Lobster
Panulirus argus
L J A
MAFMC
Atlantic Mackerel, Squid,
Butterfish
Atlantic butterfish
Peprilus triacanthus
None
MAFMC
Atlantic mackerel
Scomber scombrus
None
MAFMC
Long finned squid
Loligo pealei
None
MAFMC
Short finned squid
Illex illecebrosus
None
MAFMC
Atlantic Surfclam & Ocean
Quahog
Ocean quahog
Artica islandica
None
MAFMC
Surfclam
Spisula solidissima
None
MAFMC
Bluefish
Bluefish
Pomatomus saltatrix
L J A
MAFMC
Sninv Dogfish
Spiny dogfish
Squalus acanthias
J A
MAFMC
Summer Flounder, Scup,
Black Sea Bass
Black sea bass
Centropristis striata
E L J A
MAFMC
Summer flounder
Paralichthys dentatus
L J A
NMFS
High Migratory Species
Blue marlin
Makaira nigricans
E L J A
NMFS
Longbill spearfish
Tetrapturus pflueeeri
J A
NMFS
Sailfish
Istiophorus platvpterus
E L J A
NMFS
White marlin
Tetrapturus albidus
J A
NMFS
Atlantic angel shark
Squatina dumerili
None
NMFS
Atlantic sharpnose shark
Rhizoprionodon terraenovae
J A
NMFS
Basking shark
Cetorhinos maximus
None
NMFS
Big nose shark
Carcharhinus altimus
J
NMFS
Bigeye sand tiger shark
Odontaspis noronhai
None
NMFS
Bigeye sixgill shark
Hexanchus vitulus
None
NMFS
Bigeye thresher shark
Alopias superciliosus
E L P J S A
NMFS
Blacknose shark
Carcharhinus acronotus
J A
NMFS
Blacktip shark
Carcharhinus limbatus
J A
NMFS
Blue shark
Prionace Qlauca
J S A
NMFS
Bonnethead
Sphvrna tiburo
J A
NMFS
Bull shark
Carcharhinus leucas
J
NMFS
Carribean reef shark
Carcharhinus perezi
Research Area
NMFS
Carribean sharpnose shark
Rhizoprionodon porosus
None
NMFS
Dusky shark
Carcharhinus obscurus
A
NMFS
Finetooth shark
Carcharhinus isodon
E L P J S A
NMFS
Galapagos shark
Carcharhinus Qalapaaensis
None
NMFS
Great hammerhead
Sphvrna mokarran
J A
NMFS
Lemon shark
Negaprion brevirostris
J A
NMFS
Longfm mako shark
Isurus paucus
E L P J S A
NMFS
Narrowtooth shark
Carcharhinus brachvurus
None
NMFS
Night shark
Carcharhinus siinatus
J A
NMFS
Nurse shark
Ginglymostoma cirratum
J A
NMFS
Oceanic whitetip shark
Carcharhinus longimanus
J S A
NMFS
Porbeagle shark
Lamna nasus
None
NMFS
Sand tiger shark
Odontaspis taurus
J A
NMFS
Sandbar shark
Carcharhinus plumbeus
J A
NMFS
Scalloped hammerhead
Sphvrna lewini
J A
NMFS
Sharpnose sevengill shark
Heptranchias perlo
None
NMFS
Shortfm mako shark
Isurus oxyrinchus
E L P J S A
NMFS
Silky shark
Carcharhinus falciformis
J
NMFS
Sixgill shark
Hexanchus griseus
None
NMFS
Smalltail shark
Carcharhinus porosus
None
NMFS
Smooth hamerhead
Sphvrna zywaena
None
NMFS
Spinner shark
Carcharhinus brevipinna
J A
NMFS
Thresher shark, common
Alopias vulpinus
None
NMFS
Tiger shark
Galeocerdo cuvieri
J S A
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
32

NMFS
NMFS
NMFS
NMFS
NMFS
NMFS
NMFS
NMFS
Whale shark
Rhincodon .us
White shark
Carcharodon carcharias
Swordfish
Xiphias sladius
Albacore
Atlantic bieeve tuna
Thunnus alalunga
Thunnus obesus
Atlantic yellowfm tuna Thunnus albacares
Skipiack tuna
Katsuwonus pelamis
Western Atlantic bluefin tuna
Thunnus th nnus
one
J
ELJSA
A
JA
ELJSA
ELJSA
ELJSA
1. These Essential Fish Habitat species were compiled from Essential Fish Habitat: A Marine Fish Habitat Conservation
Mandate for Federal Agencies. February1999 (Revised 10/2001) (Appendices 2, 3, 6, 7, and 8). Although 49 species are listed
m Appendix 3 under National Marme Fieries Service management, only 35 of these species have EFH hsted in Appendix 8.
. Life stages include: E = Eggs, L = Larvae, P = PostLarvae, J = Juveniles, S = SubAdults, A = Adults
. Organizations responsible for Fishery Management Plans include: SAFMC (South Atlantic Fishery Management Council);
I FMC (Mid -Atlantic Fishery Management Council; NMFS = National Marine Fisheries Service)
4.4.2. Habitats Designated as EFH
Aside from the life -stage based EFH defined for managed fish species, the SAFMC and MAFMC
have designated eight habitats as EFH, listed in Table 5. Of those habitats listed, only
marine/estuarine water column, intertidal flats, seagrass, oyster reef and shell banks, and
sandy/mud bottom are found in proximity of the project area. Brief descriptions and effects
determinations for all EFH categories near the proposed Project Areas are continued below.
Table 5. Essential Fish Habitat identified in FMP Amendments of the South Atlantic and Mid -Atlantic
FMC's (NMFS, 2010a).
SAFMC
MAFMC
Estuarine Areas
Estuarine Areas
Estuarine Emergent Wetlands
Seagrass
Estuarine Scrub/Shrub Mangroves
Creeks
Oyster Reefs and Shell Banks
Sandy/Mud Bottom
Intertidal Flats
Estuarine Water Column
Palustrine Emergent and Forested Wetlands
Aquatic Beds
Estuarine Water Column
Marine Areas
Marine Areas
Live/Hard Bottoms
(None)
Coral and Coral Reefs
Artificial/Manmade Reefs
Sargassum
Water Column
Intertidal Flats
The SAFMC designates intertidal flats as EFH that serve as benthic nursery areas, refuges and
feeding grounds. Benthic nursery areas provide a low energy environment where predation
pressure is low and suitable prey is abundant (flounders, red drum, gray snapper, blue crab and
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
33

penaeid shrimp utilize this EFH as nurseries). Intertidal flats serve as areas of refuge since they
provide safety from predation and adverse physical conditions, such as tidal currents. As feeding
grounds, intertidal flats provide prey for those species adapted to feeding in shallow water
(SAFMC, 1998). Intertidal flats are ephemeral features located within Pamlico Sound and along
the shoulders of Oregon Inlet on Bodie Island and Pea Island.
Estuarine and Marine Water Columns
The SAFMC and MAFMC designate estuarine and marine water columns as EFH. The SAFMC
defines the estuarine and marine water columns as the medium of transport for nutrients and
migrating organisms between river systems and the open ocean (SAFMC, 1998). The estuarine
water column is organized into salinity categories ranging from 0 ppt to > 30 ppt according to the
method of classification utilized. The marine water column is divided into oceanographic zones
that are defined by physical parameters of the water column such as temperature, salinity, density
and others. Three oceanographic zones are defined for the North Carolina area including outer
shelf (131 to 230 ft.), mid -shelf (66 to 131 ft.) and inner shelf (0 to 66 ft.). These zones are
influenced by the Gulf Stream, winds, tides and freshwater runoff (SAFMC, 1998). Marine water
column environments in proximity to the Project Area include the inner shelf waters and surf zone
waters in proximity to Oregon Inlet. Managed fish species that utilize marine water column EFH
in North Carolina waters are managed by the ASMFC, NCDMF, NMFS, SAFMC and MAFMC
and are discussed in Section 4.4.1 above. The estuarine water column environment within the
project area encompasses the waters on the soundside of the Bonner Bridge in proximity to the
connecting channels.
The North Carolina Division of Water Quality (NCDWQ) classifies the Pamlico Sound as SA,
High Quality Waters (HQW) while the Atlantic Ocean is classified as SB. The SA classification
refers to tidal salt waters used for commercial shellfishing or marketing purposes and are also
protected for all Class SC and Class SB uses. All SA waters are also HQW by supplemental
classification. The HQW classification refers to waters that rate excellent based on biological and
physical/chemical characteristics through Division monitoring or special studies, primary nursery
areas designated by the Marine Fisheries Commission and other functional nursery areas
designated by the Marine Fisheries Commission.
Seagrass
Seagrass, or submerged aquatic vegetation (SAV), is generally defined as submerged lands that
are vegetated with one or more species of SAV, or have been vegetated by one or more species of
submerged aquatic vegetation within the past 10 annual growing seasons. The average physical
requirements of water depth (six feet or less), average light availability (secchi depth of one foot
or more) and limited wave exposure that characterize the environment suitable for growth of SAV
are also required to meet the general definition. (NC Marine Fisheries Commission (NCMFC)
(15A North Carolina Administrative Code (NCAC) 03L0101(4)(i)). In North Carolina, the most
common species of SAV is eelgrass (Zostera marina), shoalgrass (Halodule wrightii) and widgeon
grass (Ruppia maritime). These vegetation beds occur in both subtidal and intertidal zones and
may occur in isolated patches or cover extensive areas (Deaton, 2010). SAV is designated EFH
for the snapper/grouper complex, red drum and penaeid shrimp by the SAFMC (NMFS, 2010).
Blue crabs, which are managed by the NCDMF, also utilize seagrass habitat during various life
stages. In terms of their value as EFH, seagrass bed ecosystems are utilized by larval and juvenile
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
34

fishes for foraging, spawning and escape from predation. Commercial and sport fishes in their
larval and juvenile stages, such as gag grouper (Mycteroperca microlepsis), gray snapper (Lutjanus
griseus), bluefish (Pomatomus saltatrix), flounder species (Paralichthys sp.), fish of the Clupeidae
family and others are found in seagrass beds in the early spring and summer (ASMFC, 2016). Bay
scallops (Argopecten irradians concentricus) are also typically found in SAV habitat. Because of
its use for foraging, spawning and shelter, SAV is designated as HAPC. The red drum (Sciaenops
ocellatus) is one species that SAV serves as a HAPC.
The Carolinas are in a transitional area that represents the southernmost extension for some cold -
adapted species and the northernmost extension of warm -adapted species. In North Carolina, the
dominant seagrass, eelgrass (Zostera marina), grows at the southernmost extent of its range, while
shoal grass (Halodule wrightii) is at its northernmost extent.
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 using
visual interpretation of SAV areas using high resolution aerial photography. With funding from
the Albemarle -Pamlico National Estuary Partnership (APNEP) and field and technical support
from the NC Division of Marine Fisheries (NCDMF), digital data of coastal submerged aquatic
vegetation (SAV) was most recently mapped by APNEP for imagery years 2019-2020. Figure 16
depicts the extent of the occurrences within this area in relation to the proposed dredging corridors
and disposal corridor.
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
35

3010000E
WALTE-Ro ¢�
AND THE CRACK
DREDGE CORRIDOR
IDOR
i iiiiiiirs
4`
imp,r: DEEP SCOUR LE*"
" DISPOSAL CORRIDOR
CO
SOUND L
3010 00E
020000E
3020000E
BODIE
ISLAND,,
4
N
THE SHORTCUT
DREDGE
3CORRIDOR J/ µ
BASNIGHT
BRIDGE
303D000E
OREGON
INLET
GREEN
ISLAND
ATLANTIC
OCEAN
NEARSHORE
DISPOSAL AREA
PEA
to ISLAND
3030I 00E
Notes:
1. Coordinates are in feet based on the North Carolina
State Plane Coordinate System, North American
Datum of 1983 (NAP 83),
2. Aerial photography provided by ESRI basemap
services and taken on 2022-07-16.
3. SAV Habitat data collected by APNEP on June 14 -
15, 2019 and June 1, 2020.
Legend:
AP Walter Slough/The Crack Dredge Corridor
The Shortcut Dredge Corridor
Disposal Areas N
Proposed Green Island Feet
SAV Habitat (2019/2020) 0 2,500 5,000
Title:
SAV
MAP
DARE COUNTY. NC
COASTAL PROTECTION ENGINEERING
OF NORTH CAROLINA, INC.
■ 4038 MASONBORO LOOP ROAD
WILMINGTON, NC 28409
PH. [phone]
Figure 17. SAV resources found within proximity to the project area.
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
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). Extensive intertidal oyster rocks occur in North
Carolina's southern estuaries, where the lunar tidal ranges are higher. The SAFMC has designated
oyster reefs as EFH for red drum (NMFS, 2010). 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 17 depicts the distribution of the various habitats
within the project area that contain shellfish resources based on data from the NCDMF Shellfish
Mapping Program. Although no shellfish habitat has been identified within the two proposed
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
36

dredge corridors, an area of shellfish habitat exists within a portion of the Deep Scour Hole
Disposal Corridor.
Shellfish growers can apply for one or more leases through the NCDMF. Leases give shellfish
growers permission to grow and harvest shellfish in a particular area of the seafloor along the
North Carolina coast. Leases must follow specific standards set by the NC DMF and the National
Oceanic and Atmospheric Administration, as well as other local, state, and federal agencies. These
standards ensure leases are located in places that will not interfere with wild shellfish reefs, natural
seagrass beds, or established recreational activities (such as swimming, paddling); and have a
minimal risk of being polluted. It can take six months or more for the lease application to be
investigated, and leases are limited to 1/2 acre to 10 acres. There are no oyster leases within the
footprint of the dredge or disposal corridors, however one (1) 3.72-acre lease (Lease #1909878) is
located to the south of Walter Slough directly adjacent to the Water Slough and The Crack Dredge
Corridor.
3010000E
aii
WALTEI3 SLOUGH
AND THE CRACK
DREDGE CORRIDOR
_ .
, ;.....,..;_._........„
,....e ....
4 DEEP SCOUR•HOLE—
DISPOSAL CORRIDOR
I
PAMLICO
SOUND
2010000E
3020000E-
3020000E
USCG/
STATION
OREGON.
INLET FISHING
CENTER
BODIE
ISLAND,,
\\.\\:
sr
THE SHORTCUT
DREDGE
"ICORRIDOR
BASNIGHT
BRIDGE
030000E
OREGON
INLET
3030000E
ATLANTIC
OCEAN
Notes:
1. Coordinates are in feet based on the North Carolina
State Plane Coordinate System, North American
Datum of 1983 (NAD 83).
2. Aerial photography provided by ESRI basemap
services and taken on 2022-07-16.
3. Benthic Habitat data collected by NC DMF on May
31- June 1, 2006.
Legend:
e llir Walter Slough/The Crack Dredge Corridor
d ir The Shortcut Dredge Corridor
Benthic Habitat w! Shell (2006)
Disposal Areas Feet
0 2,500 5,000
a
Title:
BENTHIC SHELL
HABITAT
DARE COUNTY NC
COASTAL PROTECTION ENGINEERING
OF NORTH CAROLINA, INC.
9038 MASONBCRO LOOP ROAD .;
WILMINGTON, NC 28409
PH. [phone]
Figure 18. Shellfish resources in proximity to the project area.
Sandy/Mud Bottom
The MAFMC classifies mud bottoms of estuarine areas as EFH, but describes the EFH for
various life stages as relating to mudflats. Mudflats are sedimentary intertidal habitats created by
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
37

deposition in low energy coastal environments, particular estuaries and other sheltered areas. The
sediments generally consist of silts and clays with a high organic content (NMFS, 2010). Sand
bottoms consist of materials with grain sizes more coarse than silt (>0.0625 mm) (Anderson,
2006). Mud and shallow sand bottoms can be found throughout the project area including
Pamlico Sound and in proximity to Oregon Inlet. Penaeid shrimp, blue crab, red drum and
flounders utilize this habitat type as nursery, foraging and refuge areas.
4.4.3. Habitat Areas of Particular Concern
Habitat Areas of Particular Concern (HAPC) are subsets of designated EFH and are defined as
rare, particularly susceptible to human -induced degradation, especially ecologically important or
located in an environmentally stressed area. The SAFMC and the MAFMC have designated HAPC
areas to focus conservation priorities on specific habitat areas that play a particularly important
role in the life cycles of federally managed fish species. HAPC may include high value intertidal
and estuarine habitats, offshore areas of high habitat value or vertical relief and habitats used for
migration, spawning and rearing of fish and shellfish (NMFS, 2004).
Areas identified as HAPC by the NMFS and the FMCs in the South Atlantic and North Carolina
are presented in Table 6 below (NMFS, 2010).
Table 6. Geographically defined HAPC identified in the FMP Amendments affecting the South Atlantic area
(NMFS, 2010).
South Atlantic HAPC
Project Area Habitat
Council -Designated Artificial Reef Special
Management Zones
Not Applicable
Hermatypic Coral Habitat and Reefs
Not Applicable
Hard bottoms
Not Present
Hoyt Hills
Not Applicable
Sargassum Habitat
Not Applicable
State -Designated Areas of Importance to Managed
Species
Not Applicable
Submerged Aquatic Vegetation
Present
North Carolina HAPC
Project Area Habitat
Big Rock
Not Applicable
Bogue Sound
Not Applicable
Pamlico Sound at Hatteras/Ocracoke Inlets
Not Applicable
Capes Fear, Lookout & Hatteras (sandy shoals)
Not Applicable
New River
Not Applicable
The Ten Fathom Ledge
Not Applicable
The Point
Not Applicable
4.4.4. Nursery Areas
NCDMF has designated three categories of nursery areas, Primary, Secondary and Special
Secondary Nursery Areas. Primary Nursery Areas (PNAs) encompass approximately 80,000 acres
throughout North Carolina. PNAs are typically shallow with soft muddy bottoms and surrounded
by marshes and wetlands. They are found in the upper portions of bays and creeks, where the low
salinity and abundance of food is ideal for young fish and shellfish. To protect juveniles, many
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
38

commercial fishing activities are prohibited in these waters. Secondary Nursery Areas (SNAs) are
located in the lower portion of bays and creeks. As juvenile fish and shellfish develop, primarily
blue crabs and shrimp, they move into these waters. Trawling is prohibited in SNAs. Special SNAs
are found adjacent to SNAs, but closer to the open waters of sounds and the ocean. These waters
are closed for a majority of the year when juvenile species are abundant (Deaton et al., 2010). The
closest NCDMF designated PNAs to the project area is located several miles away within Broad
Creek on the eastern side of Roanoke Island.
4.4.5. Significant Natural Heritage Areas
The North Carolina Natural Heritage Program (NCNHP) serves as an information clearinghouse
in support of conservation of the rarest and most outstanding elements of natural diversity in the
State. These elements of natural diversity include plants and animals that are so rare or natural
communities that are so significant that they merit special consideration in land -use decisions.
A total of 34 natural areas are recognized in Dare County. Of these, three are 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.
Bodie Island Lighthouse Pond
The Bodie Island Lighthouse Pond is a man-made pond/impoundment spanning 255 acres located
on the west side of NC Highway 12 approximately 2 miles to the north of Oregon Inlet. This
feature is owned by the National Park Service and is part of the Cape Hatteras National Seashore.
The pond was created decades ago for waterfowl hunting purposes and for fill material for NC 12
(Sorrie, 2014). There is only one narrow outlet to Roanoke Sound, impeded by an earthen roadbed.
Water level fluctuates with rainfall cycles, such that the amount of emergent marsh encircling the
pond varies over time. Common plants include nonnative common reed (Phragmites australis),
Olney's threesquare, common threesquare (Schoenoplectus pungens), broadleaf cattail (Typha
latifolia), climbing hempweed (Mikania scandens), and seashore mallow (Kosteletzkya virginica).
Three North Carolina rare spikerushes are present: salt marsh spikerush (Eleocharis halophila),
beaked spikerush (E. rostellata), and littlespike spikerush (E. parvula). Olney's threesquare
(Schoenoplectus americanus, formerly known as Scirpus olneyi), a Watch List sedge, is common
in patches (Sorrie, 2014). The Pond is habitat for large numbers of waterbirds, making it an
excellent bird watching site. Black -necked stilts (Himantopus mexicanus) nest at the edge of the
pond, and black rails (Laterallus jamaicensis) have been heard calling in the marsh and are
presumed to nest there (Sorrie, 2014).
Oregon Inlet/Roanoke Sound Bird Nesting Islands
The Oregon Inlet/Roanoke Sound Bird Nesting Islands natural area comprises a collection of nine
or more dredge spoil islands along the channel from Oregon Inlet to Roanoke Sound (east of
Wanchese), as well as a few islands that extend south into northern Pamlico Sound, opposite North
Pond on Pea Island. The 314-acre site comprises an outstanding cluster of bird nesting colonies,
with eighteen species documented, eleven of them rare in North Carolina.
Shrub thickets support nesting colonies of up to seven species of herons, ibises, and egrets. Several
less -vegetated islands are used by large numbers of gulls and terns for nesting and resting. Nearly
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.
39

1,000 pairs of brown pelicans (Pelecanus occidentalis) nested in 1988 (Sorrie, 2014). The 2011
census tallied these numbers of nesting pairs: great egret (Ardea alba) — 112, little blue heron
(Egretta caerulea) — 47, snowy egret (E. thula) — 16, tricolored heron (E. tricolor) — 53, white ibis
(Eudocimus albus) — 1,474, gull -billed tern (Gelochelidon nilotica) — 3, Caspian tern
(Hydroprogne caspia) — 2, herring gull (Larus argentatus) — 186, great black -backed gull (L.
marinus) — 133, black -crowned night -heron (Nycticorax nycticorax) — 22, brown pelican — 1,485,
glossy ibis (Plegadis falcinellus) —14, black skimmer (Rynchops niger) — 90, common tern (Sterna
hirundo) — 46, least tern (Sternula antillarum) — 150, royal tern (Thalasseus maximus) — 3,961,
Sandwich tern (T. sandvicensis) — 490 (NCWRC, 2011). Succession to woody species on islands
used by terns, gulls, and skimmers is detrimental; on others, woody succession creates nesting
habitat for the herons, ibises, and egrets. Deposition of dredge materials on some of the early
successional islands by the USACE is helping to replenish lost sand and to smother woody
succession.
Pea Island National Wildlife Refuge
Pea Island was cut off from Hatteras Island by New Inlet, just north of Rodanthe until the inlet
closed many decades ago. Today, Pea Island forms the northern end of Hatteras Island. This site
includes 5,899 acres and features 12 miles of ocean beach, dunes, interdune sand flats, shrub
thickets, tidal marshes, and waterfowl impoundments; most of it in excellent condition. Islets in
Pamlico Sound provide nesting habitat for egrets, shorebirds, terns, and skimmers. Terns and
piping plovers also nest on sand flats and upper beaches. The impoundments attract many kinds
of birds to feed and rest; some spend the summer, some spend the winter, and others stop over just
in migration (Sorrie, 2014).
Natural communities found within the Refuge include Brackish Marsh (Salt Meadow Cordgrass
Subtype), Dune Grass (Southern Subtype), Maritime Shrub (Bayberry Subtype), Maritime Shrub
(Wax Myrtle Subtype), Maritime Wet Grassland (Southern Hairgrass Subtype), Salt Marsh, Sand
Flat, Stable Dune Barren (Southern Subtype), Upper Beach (Southern Subtype) (Sorrie, 2014).
These communities serve as habitat for a large number of rare plants and animals. Rare plants
include blue witchgrass (Dichanthelium caerulescens), nerved witchgrass (D. aciculare ssp.
neuranthum), little -spike spikerush (Eleocharis parvula), salt -meadow grass (Diplachne
maritima), winged seedbox (Ludwigia alata), Illinois pondweed (Potamogeton illinoensis),
slender sea -purslane (Sesuvium maritimum), moundlily yucca (Yucca gloriosa) (Sorrie, 2014).
Rare animals found within the site include piping plover (Charadrius melodus), northern harrier
(Circus cyaneus), little blue heron (Egretta caerulea), snowy egret (E. thula), tricolored heron (E.
tricolor), gullbilled tem (Gelochelidon nilotica), American oystercatcher (Haematopus palliatus),
blacknecked stilt (Himantopus mexicanus), black rail (Laterallus jamaicensis), glossy ibis
(Plegadis falcinellus), black skimmer (Rynchops niger), common tern (Sterna hirundo), least tern
(Sternula antillarum), diamondback terrapin (Malaclemys terrapin), loggerhead seaturtle (Caretta
caretta), green seaturtle (Chelonia mydas), Carolina watersnake (Nerodia sipedon williamengelsi)
(Sorrie, 2014).
4.4.6. Managed Species
Managed species that have the marine water column listed as an EFH and that may be present in
the project area include coastal migratory pelagics, highly migratory species; snapper grouper
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complex; shrimp; summer flounder, scup and black seabass; red drum; bluefish and spiny dogfish.
The following narratives briefly describe each of these groups or species.
4.4.6.1. Coastal Migratory Pelagics
Prior to the 1980's, king and Spanish mackerel catches were essentially unregulated. Introduction
of airplane reconnaissance and large power -assisted gill net vessels in the commercial fishery took
advantage of the schooling nature of the fish and greatly increased catches. Harvests by both
recreational and commercial fishermen in the 1970's and early 1980's exceeded reproductive
capacity and led to overfishing. Federal regulations were implemented in 1983 to control harvest
and rebuild dwindling stocks of king and Spanish mackerel. Different migratory groups were later
managed separately, and quotas, bag limits and trip limits established to rebuild the mackerel
fisheries. Gear regulations included the elimination of drift gill nets in 1990. Since the
implementation of management measures, stocks have been increasing (SAFMC, 2018).
The Coastal Migratory Pelagic (Mackerel) FMP for the Gulf of Mexico and South Atlantic
regions is a joint management plan between the Gulf of Mexico Fishery Management Council and
SAFMC. Beginning in January 2012, in addition to managing separate migratory groups of king
mackerel and Spanish mackerel, the two fishery management councils have added separate
migratory groups of cobia to the FMP.
Essential fish habitat for coastal migratory pelagic species includes sandy shoals of capes and
offshore bars, high profile rocky bottom, barrier island ocean -side waters and waters from the surf
to the shelf break zone, including Sargassum. In addition, all coastal inlets and all state -designated
nursery habitats are of particular importance to coastal migratory pelagics.
Spanish Mackerel (Scomberomorus maculates)
Spanish mackerel make north and south migrations depending on water temperature, with 68° F
being a preferred minimum. Spanish mackerel can be found from April to November in North
Carolina's waters, then they migrate south to the Florida coast in the late fall. They may be found
as far inland as the sounds and coastal river mouths in the summer months. Spanish mackerel
spawn from May to September (SAFMC, 1998).
King Mackerel (Scomberomorus cavalla)
Similar to Spanish mackerel, water temperature and prey availability trigger inshore and offshore
migrations of king mackerel. In the winter and early spring, king mackerel congregate just inside
the Gulf Stream along the edge of the continental shelf. During the summer and fall, they move
inshore along the beaches and near the mouths of inlets and coastal rivers. King mackerel prefer
water temperatures between 68° F and 78° F (SAFMC, 1998).
Cobia (Rachycentron canadum)
Cobia have a world-wide distribution preferring warm water temperatures from 68° to 86° F. Cobia
are pelagic fish, and typically congregate off North Carolina to spawn in May and June. However,
spawning has been observed in shallow bays and estuaries with the young heading offshore after
hatching (FLMNH, 2022). Cobia typically migrate south in the fall to over -winter in warmer
waters. EFH for cobia includes, but is not limited to high salinity bays, estuaries, seagrass habitat,
sandy shoals and rocky bottom (SAFMC, 1998).
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4.4.6.2. Highly Migratory Species
Atlantic Highly Migratory Species are managed under the dual authority of the MSFCMA and the
Atlantic Tunas Convention Act (ATCA). Under the MSFCMA, the National Marine Fisheries
Service (NMFS) must manage fisheries to maintain optimum yield by rebuilding overfished
fisheries and preventing overfishing. Under ATCA, NMFS is authorized to promulgate
regulations, as may be necessary and appropriate, to implement the recommendations from the
International Commission for the Conservation of Atlantic Tunas (ICCAT). Before this action,
tunas, swordfish and sharks were managed under the 1999 FMP for Atlantic Tunas, Swordfish and
Sharks (and its 2003 amendment) and billfish were managed under the 1988 Atlantic Billfish FMP
(and its 1999 amendment). The 2006 final HMS FMP combined the management of all Atlantic
HMS into one FMP (NMFS, 2006).
In Amendment 1 to the consolidated HMS FMP released in 2009, NMFS updated identification
and descriptions for EFH and revised existing EFH boundaries for Atlantic HMS (NMFS, 2009).
Table 7 identifies the HMS and corresponding life stage for which the marine waters in vicinity of
the project are designated as EFH.
Table7. HMS and their life stage that have marine waters in vicinity of the project area designated as EFH.
Tuna
Life Stage'
Sharks
Life Stage
Bluefin (Thunnus thynnus)
J
Sandbar (Carcharhinus plumbeus)
YOY, J, A
Skipjack (Katsuwonus pelamis)
J, A
Silky (Carcharhinus falciformis)
YOY, J, A
Yellowfin (Thunnus albacres)
J
Spinner (Carcharhinus brevipinna)
J, A
Billfish
Life Stage
Tiger (Galeocerdo cuvieri)
YOY, J, A
Sailfish
(Istiophorus platypterus)
J
Sand Tiger (Carcharias taurus)
YOY, J, A
Sharks
Life Stage
Angel (Squatina dumerili)
J, A
Scalloped Hammerhead (Sphyrna
lewini)
J A
Sharpnose (Rhizoprionodon
terraenovae)
A
Dusky (Carcharhinu obscurus)
YOY, J, A
Thresher (Alopias vulpinus)
YOY, J, A
1 Young of the Year (YOY), Juvenile (J), Adult (A)
4.4.6.3. Snapper Grouper Complex
Ten families of fishes containing 73 species are managed by the SAFMC under the snapper
grouper FMP. Association with coral or hard bottom structure during at least part of their life cycle
and their contribution to an interrelated reef fishery ecosystem is the primary criteria for inclusion
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within the snapper grouper plan. There is considerable variation in specific life history patterns
and habitat use among species included in the snapper grouper complex (SAMFC, 1998).
Essential fish habitat for snapper grouper species includes coral reefs, live/hard bottom, submerged
aquatic vegetation, artificial reefs and medium to high profile outcroppings on and around the shelf
break zone from shore to at least 600 feet where the annual water temperature range is sufficiently
warm to maintain adult populations. EFH includes the spawning area in the water column above
the adult habitat and the additional pelagic environment, including Sargassum, required for larval
survival and growth up to and including settlement. In addition, the Gulf Stream is an essential
fish habitat because it provides a mechanism to disperse snapper grouper larvae. Essential fish
habitat for specific life stages of estuarine dependent and nearshore snapper grouper species
includes areas inshore of the 100-foot contour such as attached macroalgae; submerged rooted
vascular plants; estuarine emergent vegetated wetlands; tidal creeks; estuarine scrub/shrub; oyster
reefs and shell banks; unconsolidated bottom; artificial reefs; and coral reefs and live/hardbottom.
Given the lack of EFH present near the project area and space constraints in this document,
thorough characterizations of this diverse multispecies complex is omitted but may be referenced
in the SAFMC FMP (SAFMC, 1998).
4.4.6.4. Shrimp
Penaeid Shrimp: Brown Shrimp (Penaeus aztecus), Pink Shrimp (Penaeus duorarum), White
Shrimp (Penaeus setiferus)
Penaeid shrimp are reported to spawn offshore, moving into estuaries during the post -larval stage
during the early spring. As the shrimp grow larger, they migrate to higher salinity environments.
In late summer and fall, they return to the ocean to spawn (NCDMF, 2006).
For penaeid shrimp, EFH includes inshore estuarine nursery areas, offshore marine habitats used
for spawning and growth to maturity, and all interconnecting water bodies as described in the
Habitat Plan. Inshore nursery areas include tidal freshwater (palustrine); estuarine and marine
emergent wetlands; tidal palustrine forested areas; mangroves; tidal freshwater, estuarine and
marine submerged aquatic vegetation and subtidal and intertidal non -vegetated flats. This applies
from North Carolina through the Florida Keys.
4.4.6.5. Summer Flounder, Scup and Black Sea Bass
Summer flounder (Paralichthys dentatus), scup (Stenotomus chrysops) and black sea bass
(Centropristus striata) are managed by the MAFMC. The three species are considered part of an
offshore -wintering guild of fish, a migratory group of warm temperate species that are intolerant
of colder, inshore winter conditions (MAFMC, 2018).
Summer flounder (Paralichthys dentatus)
Adult summer flounder emigrate from North Carolina estuaries beginning in November as water
temperatures decrease and spawning takes place in continental shelf waters (MAFMC, 2018).
Larvae immigrate to the higher salinity areas of estuaries becoming common January through
April. Juveniles are present year-round at salinities between 5 ppt to > 25 ppt (MAFMC, 2018).
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Adult summer flounder are common in estuaries in November and December, but typically not
present January through March as they will have migrated to warmer offshore waters to over -
winter. Juveniles are abundant year-round in estuarine waters from 5 ppt to >25 ppt salinity. From
January to April larval summer flounder are rare at lower salinities (5 ppt to 25 ppt), becoming
common at salinities > 25 ppt (MAFMC, 2018). This stage (larval) of the life cycle is reported as
most abundant in nearshore waters (12 — 50 miles offshore) at depths between 30 and 230 feet
from November to May in the southern part of the Mid -Atlantic Bight (MAFMC, 2018). EFH for
summer flounder has been identified as shelf waters and estuaries from Albemarle Sound, North
Carolina through to St. Andrew/Simon Sounds, Georgia for the larval, juvenile and adults stages
(MAFMC, 2018).
Scup (Stenotomus chrysops)
Scup are a schooling continental shelf species of the Northwest Atlantic that undertake extensive
migrations between coastal waters and offshore waters. Spawning occurs from May through
August, peaking in June. Scup spawn once annually over weedy or sand -covered areas. Juvenile
and adult scup are demersal, using inshore waters in the spring and moving offshore in the winter.
About 50% of age-2 scup are sexually mature (at about 17 cm total length, or 7 inches), while
nearly all scup of age 3 and older are mature. Adult scup are benthic feeders and forage on a variety
of prey, including small crustaceans (including zooplankton), polychaetes, mollusks, small squid,
vegetable detritus, insect larvae, hydroids, sand dollars, and small fish. The Northeast Fisheries
Science Center food habits database lists several shark species, skates, silver hake, bluefish,
summer flounder, black sea bass, weakfish, lizardfish, king mackerel and goosefish as predators
of scup (MAFMC, 2018). Essential Fish Habitat for scup includes demersal waters, sands, mud,
mussel beds and seagrass beds, from the Gulf of Maine through Cape Hatteras, North Carolina.
Black Sea Bass (Centropristus striata)
The northern population of black sea bass spawns in the Middle Atlantic Bight over the continental
shelf during the spring through fall, primarily between Virginia and Cape Cod, Massachusetts.
Spawning begins in the spring off North Carolina and Virginia, and progresses north into southern
New England waters in the summer and fall. Collections of ripe fish and egg distributions indicate
that the species spawns primarily on the inner continental shelf between Chesapeake Bay and
Montauk Pt., Long Island. Adult black sea bass are also very structure oriented, especially during
their summer coastal residency. Unlike juveniles, they tend to enter only larger estuaries and are
most abundant along the coast. A variety of coastal structures are known to be attractive to black
sea bass, including shipwrecks, rocky and artificial reefs, mussel beds and any other object or
source of shelter on the bottom. Essential Fish Habitat for black sea bass consists of pelagic waters,
structured habitat, rough bottom shellfish, and sand and shell, from the Gulf of Maine through
Cape Hatteras, North Carolina (MAFMC, 2018).
4.4.6.6. Red Drum
Red drum (Sciaenops ocellatus) are managed solely by the ASFMC through Amendment 2 to the
Interstate FMP (ASFMC, 2013). Red drum populations along the Atlantic coast are managed
through the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act).
Unlike the MSFCMA that addresses fishery management by federal agencies, the Atlantic Coastal
Act does not require the ASFMC to identify habitats that warrant special protection because of
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their value to fishery species. Nonetheless, the ASFMC identifies habitats used by the various life
stages of red drum for management and protection purposes (ASFMC, 2013).
Red drum occur in a variety of habitats distributed from Massachusetts to Key West, Florida on
the Atlantic coast. Spawning occurs at night in the fall (August through October) along ocean
beaches and near inlets and passes and in high salinity estuaries with optimal temperatures being
between 72° to 86° F (SAFMC, 1998; ASMFC, 2013). In North Carolina, spawning adults were
reported to be common in salinities above 25 ppt (ASMFC, 2013). Juveniles are reported to prefer
shallow shorelines of bays and rivers and shallow grass flats in the sounds (SAFMC, 1998).
Adult red drum migrate seasonally along the Atlantic coast. Reports from fishermen and menhaden
spotter pilots indicate that red drum typically arrive at Cape Hatteras, North Carolina between
March and April, some entering Pamlico Sound and others proceeding up the coast. They are
expected about a week later at Oregon Inlet and three weeks to a month later in Virginia. Red drum
leave Virginia in most years by October and North Carolina by November (SAMFC, 1998).
The SAFMC recognizes several habitats as EFH for red drum from Virginia to Florida. In North
Carolina, these natural communities include tidal freshwater, estuarine emergent vegetated
wetlands, submerged rooted vascular plants, oyster reefs and shell banks, unconsolidated bottom,
ocean high salinity surf zones, and artificial reefs. Of the designated EFH, HAPC have been
recognized for red drum by the SAFMC. Areas that meet the criteria for HAPC in North Carolina
include all coastal inlets, all state -designated nursery habitats of particular importance to red drum,
documented sites of spawning aggregations, other spawning areas identified in the future, and
areas supporting submerged aquatic vegetation (NCDMF, 2008a).
4.4.6.7. Bluefish
Bluefish (Pomatomus saltatrix) are managed by the NMFS as a single stock under a joint FMP
collaboratively developed by the MAFMC and the ASMFC and implemented in 1990. Bluefish
are considered warm water migrants, preferring waters above 57° to 61° F (Shepherd and Packer,
2006). Generally, juvenile bluefish occur in North Atlantic estuaries from June through October,
Mid -Atlantic estuaries from May through October, and South Atlantic estuaries March through
December, within the "mixing" and "seawater" zones. Adult bluefish are found in North Atlantic
estuaries from June through October, Mid -Atlantic estuaries from April through October, and in
South Atlantic estuaries from May through January in the "mixing" and "seawater" zones. Bluefish
adults are highly migratory and distribution varies seasonally and according to the size of the
individuals comprising the schools. Juveniles utilize estuaries as nursery areas and then emigrate
to warmer offshore waters when temperatures approach 59° F (Shepherd and Packer, 2006).
Bluefish can tolerate temperatures of 53.2° to 86.7° F, but exhibit signs of stress at both extremes.
They can survive temporarily in waters of 45.5° F, but juveniles cannot survive below 50° F (Lund
and Maltezos, 1970).
Bluefish EFH has been designated for marine areas north of Cape Hatteras based on life stage.
Based on the maps provided in Amendment 1 to the Bluefish FMP (MAFMC, 2018), EFH for all
life stages of bluefish exists within or in proximity to the Project Area, with an emphasis on young
of the year (YOY) and adult bluefish surveys showing the most dense coverage near the project
area.
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4.4.6.8. Spiny Dogfish
In North Carolina, the spiny dogfish (Squalus acanthias) is currently included in the
Interjurisdictional FMP, which defers to ASMFC/MAFMC/NEFMC FMP compliance
requirements. It is managed jointly under the MAFMC and the North East Fisheries Management
Council (NEFMC) FMPs (NCDMF, 2008b).
The spiny dogfish is a long-lived species with an estimated life expectancy of 25 to 100 years and
is reported to be one of the most abundant sharks in the world. Spiny dogfish are found in oceans
and coastal zones, are rarely found in the upper reaches of estuaries, and do not occur in fresh
water. Generally, spiny dogfish are found at depths of 33 to 1475 ft. in water temperatures ranging
between 37° and 82° F. The preferred temperature range is 45° to 55° F. Spiny dogfish migrate
seasonally, moving north in the spring and summer and south in fall and winter (MAFMC, 2018).
They are most common in shelf waters in North Carolina from November through April, at which
time they begin their northward migration toward Newfoundland and Labrador. Pregnant females
and pups are present from February through June in North Carolina waters, with the preferred
pupping area located around the Cape Hatteras shoals (MAFMC, 2018).
North of Cape Hatteras, EFH is the waters of the continental shelf from the Gulf of Maine through
Cape Hatteras, North Carolina in areas that encompass the highest 90% of all ranked ten-minute
squares for the area where adult dogfish were collected in the NEFSC trawl surveys. Based on
figures within the Spiny Dogfish FMP (MAFMC, 2018), this includes marine water located within
the Project Area.
4.5. Threatened and Endangered Species
The threatened and endangered (T&E) species under consideration within this environmental
assessment were identified through consultation with the National Marine Fisheries Service
(NMFS) and the U.S. Fish and Wildlife Service (UFWS) (Table 8). These species, as described in
detail below, could be present in the project area based upon their historic geographic range.
However, the actual occurrence of a species in the project area would depend upon the availability
of suitable habitat, the seasonality of occurrence, migratory habits and other factors.
Table 8. Federally threatened, endangered or proposed listed species that may occur in the Project Area.
Common Name
Scientific Name
Federal Status
Mammals
West Indian Manatee
Trichechus manatus
Endangered
Reptiles
Leatherback Sea Turtle
Dermochelys coriacea
Endangered
Hawksbill Sea Turtle
Eretmochelys imbricata
Endangered
Kemp's Ridley Sea Turtle
Lepidochelys kempii
Endangered
Loggerhead Sea Turtle
Caretta caretta
Threatened-NWA DPS'
Green Sea Turtle
Chelonia mydas
Endangered'
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Fish
Shormose Sturgeon
Acipenser brevirostrum
Endangered
Atlantic Sturgeon
Acipenser oxyrinchus
Endangered —Carolina DPS3
Giant Manta Ray
Manta birostris
Threatened
Birds
Piping Plover
Charadrius melodus
Threatened
Red Knot
Calidris canutus
Endangered
Roseate Tern
Sterna dougallii dougallii
Threatened
4.5.1. West Indian Manatee
The West Indian manatee is listed as a federally protected species under the Endangered Species
Act of 1973 (ESA) and the Marine Mammal Protection Act of 1972 (MMPA). An adult manatee
is, on average, 10 ft (3 m) long, weighs approximately 2,200 lbs. and is typically referred to as the
"sea cow." The coloring of the manatee is grayish brown, which contributes to the difficulty in
detecting manatees in silt -laden waters. This mammal can be found in shallow waters (5-20 ft) of
varying salinity levels including coastal bays, lagoons, estuaries and inland river systems.
Manatees primarily feed on aquatic vegetation, but can be found feeding on fish, consuming
between four and nine percent of their body weight in a single day (Schwartz, 1995; USFWS,
2018a). Sheltered areas such as bays, sounds, coves and canals are important areas for resting,
feeding and reproductive activities (Humphrey, 1992).
The West Indian manatee occupies the coastal, estuarine and some riverine habitats along the
western Atlantic Ocean from Virginia to the Florida Keys, in the Gulf of Mexico, the Caribbean
Islands, Mexico, Central America and northern South America (Garcia -Rodriguez et al., 1998).
The West Indian manatee (Trichechus manatus) includes two subspecies, the Florida manatee (T.
m. latirostris) and the Antillean manatee (T. m. manatus). Within U.S. waters, the Florida manatee
can be found throughout the southeastern U.S., including North Carolina, while the Antillean
manatee is found in Puerto Rico and the Virgin Islands (Lefebvre et al., 2001). As the Antillean
manatee does not occur within the southeastern U.S., this biological assessment will only evaluate
the Florida manatee population.
No statistically robust estimate of population size is currently available for manatees (USFWS,
2018a). The current, best available information includes FWC's 2011 counts, and suggests a
minimum population size of 4,834 individuals in the Florida stock (Laist, et al., 2013). Occurrence
throughout the southeastern U.S. changes seasonally, as the manatees seek out warmer water
temperatures. During the winter months (October through April), the entire U.S. population
typically moves to the waters surrounding Florida (Humphrey, 1992).
The greatest threat and cause of mortality for manatees is boat collisions. Other dangers to the
species include entanglement in fishing lines, entrapment and entanglement in locks, dams and
culverts, loss of warm -water refuge areas, and exposure to cold. Long-term and cumulative
impacts are associated with a loss of aquatic vegetated habitat and blocking of estuarine and
riverine systems (Runge, et al., 2007).
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Sightings and stranding data suggest the Florida manatee regularly occurs within inland and coastal
waters of North Carolina, and they have been sighted most frequently from June through October
when water temperatures are warmest (above 71.6°F) (USFWS, 2017; USFWS, 2018a). Manatees
may also overwinter in North Carolina where the discharge from power plants supports the warm
water temperatures (USFWS, 2008). The USFWS has reported manatee sightings in the last 20
years in the counties of Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven,
Currituck, Dare, Hyde, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt,
Tyrrell and Washington. Cummings et al. (2014) documented 99 manatee sightings in North
Carolina from 1991 to 2012, with 30 manatee sightings occurring in 2012. Manatees arrived in
North Carolina in April, and sightings were most common from June to October, when water
temperatures were above 20°C (68°F). Sightings declined with water temperature in November,
and manatees appeared to absent from the region from December through February (Cummings et
al., 2014). Within northeastern North Carolina, sightings have increased since 2011, which may
be due to greater awareness and improved survey efforts (Cummings et al., 2014). The greatest
number of manatee sightings occurred within the Intracoastal Waterway, sounds and bays, and
rivers and creeks. Manatees were least commonly sighted in the open ocean and around marinas.
The number of manatees potentially occurring in the Project Area is not known but is presumed to
be low with the greatest likelihood of occurrence during the warmer months, in particular June
through October.
4.5.2. Sea Turtles
There are five species of sea turtles that can be found nesting on the beaches of North Carolina,
swimming in offshore waters, or both. These species include the leatherback sea turtle
(Dermochelys coriacea), hawksbill sea turtle (Eretmochelys imbricata), Kemp's ridley sea turtle
(Lepidochelys kempii), green sea turtle (Chelonia mydas), and the loggerhead sea turtle (Carretta
carretta). Because the proposed activity is limited to dredging and disposal of dredged material
within the waters in and around Oregon Inlet, the information provided below will pertain to
swimming sea turtles only.
Numerous studies have shown that the Mid -Atlantic and South -Atlantic Bight, particularly the
waters from North Carolina to New Jersey, provide important seasonal and migratory habitat for
sea turtles, especially juvenile and adult loggerheads from the Northern U.S population. The Mid -
Atlantic Bight (MAB) includes oceanic waters from Cape Cod, Massachusetts to Cape Hatteras,
NC; and the South Atlantic Bight (SAB) includes oceanic waters from Cape Hatteras, NC to Cape
Canaveral, Florida. Loggerhead sightings data compiled for the Atlantic Marine Assessment
Program for Protected Species show the presence of this species inside the 200-m isobaths is well -
documented during the spring (NOAA, 2016) (Figure 18). The occurrence and distribution of sea
turtles along the Atlantic coast is tied to sea surface temperature (SST) (Coles and Musick, 2000;
Braun -McNeill et al., 2008). In addition, Mansfield et al. (2009) shows that site fidelity of juvenile
loggerheads can be due to environmental changes such as water temperature as well as prey
availability. Throughout the region, water temperatures increase rapidly in March and April and
decrease rapidly in October and November; these temperature changes are quicker in nearshore
waters. An analysis of historical tracking and sightings data conducted by the Turtle Expert
Working Group (TEWG) indicates that the shelf waters (out to the 200-meter isobaths) off North
Carolina are seasonally "high -use areas" for certain life stages of loggerhead sea turtles (TEWG,
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2009). During the winter months (January through March), very few loggerheads occur coastally
north of Cape Hatteras, North Carolina. During the spring (April through June), summer (July
through September) and fall (October through December), the nearshore waters from the North
Carolina/South Carolina border up to the Chesapeake Bay, Virginia serve as high -use areas for
juvenile and adult nesting females. Similarly, male loggerheads frequent the nearshore waters of
the mid -Atlantic Bight from the spring through the fall (essentially April through December), with
a high -use area in the vicinity of Cape Hatteras. Braun -McNeill et al.(2008) show that loggerhead
turtle presence off Cape Hatteras (based on sightings, strandings, and incidental capture records)
occurred when 25% or more of the area exceeded SST of 11°C (51.8°F). Satellite tagging studies
of juvenile loggerheads performed by Mansfield et al. (2009) also demonstrate that the waters of
Virginia and North Carolina serve as important seasonal habitat for juvenile sea turtles from May
through November, and the Cape Hatteras area creates a "migratory bottleneck" that warrants
"special management consideration".
In a study spanning ten years (1998-2008) 68 female loggerhead sea turtles (Caretta caretta) were
tagged following nesting on the beaches of North Carolina (NC), South Carolina (SC), and Georgia
(GA) (Griffin et al., 2013). Using satellite tags, their movements were observed to document where
the turtles spend their time at sea. Tagging data from the "Northern Recovery Unit (NRU) turtles"
(those turtles nesting in this area of the United States) indicate that they migrate to areas offshore
Cape Hatteras, NC to northern New Jersey (NJ) to forage and recover from the stresses of
reproduction and nesting (Griffin et al., 2013). The majority of the NRU tagged turtles (42 of 68)
used migration routes over the continental shelf off Cape Hatteras, NC moving south to the SAB
in the winter (mid -September -November) and north to the MAB in the summer (April -June)
(Griffin et al., 2013) (Figure 19). The width of the migratory corridor used by the turtles was
constricted off Cape Hatteras, NC and used over 7 months of the year (Griffin et al., 2013). This
indicates that it is an important high -use area for female loggerheads and this should be considered
when conducting activities there.
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Figure 19. Loggerhead turtle sightings during the Southeast AMAPPS summer 2016 aerial survey. Image
from NOAA, 2016.
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77°VV 76°W 75°W
i Y ,
37°N-
USA
Northwest
Atlantic
Ocean
36°N-
NC
35='N-
34`N -
VA
Cape Hatteras
111
J k Mid
-Atlantic
Bight
i�
South Atlantic Bight
0 10 20 40 60 80
Kilometer$
77i14W
78"W 751 W
-37° N
-36°N
-35°N
-34° N
Figure 20. Migration routes (post -nesting and inter -foraging segments) of satellite -tracked loggerhead turtles
(N = 15) represented by individual black lines in the Cape Hatteras, North Carolina (NC) region. The
horizontal dotted line separates the Mid -Atlantic and South Atlantic Bights. Figure from Griffin et al., 2013.
Although loggerheads are the most common turtle occurring offshore of North Carolina, the state's
marine waters also provide important habitat for green and Kemp's ridley sea turtles. A review of
sightings reports obtained from commercial and recreational fishermen and the public indicate that
sea turtles are present offshore North Carolina year-round. There were two seasonal peaks: one in
spring (April to June) off the entire North Carolina coast, and one in late fall (October through
December) off the northern North Carolina coast (Epperly et al., 1995). Sightings were generally
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greatest in offshore water (>5.6 km from shore), except during the period from May to June, when
nearshore (<5.6 km) sightings were equal to offshore sightings. Leatherbacks were also
documented nearshore in "large numbers" in early May, presumably with the appearance of prey.
The sightings data also indicated the leatherbacks subsequently moved northward along the beach,
and leatherback presence declined by late June (Epperly et al., 1995).
The North Carolina Sea Turtle Stranding and Salvage Network (STSSN) collects stranding data
that are used by state and federal managers in management decisions regarding fisheries activities,
dredging operations, beach renourishment, etc. More than 700 participants in the STSSN are
required to report each stranding to the NC sea turtle coordinator within 24 hours of first
observation. Sea turtle stranding data from STSSN in 2021 show that of 467 total recorded
strandings in North Carolina. Of these, 123 (26% were observed in the areas between the
Virginia/North Carolina border to Pea Island (Seaturtle.org, 2022).
4.5.3. Shortnose Sturgeon
The shortnose sturgeon (Acipenser brevirostrum) was listed as endangered on March 11, 1967
under the Endangered Species Preservation Act of 1966 (a predecessor to the Endangered Species
Act of 1973). NMFS later assumed jurisdiction for shortnose sturgeon under a 1974 government
reorganization plan (38 FR 41370). The shortnose sturgeon is the smallest of the three sturgeon
species that are found in eastern North America, rarely exceeding a length of 4.7 ft and a weight
of 50.7 pounds (NMFS, 2018a). Shortnose sturgeons are bottom feeders, typically feeding on
crustaceans, insect larvae, worms, mollusks and some plants (NMFS, 1998). They appear to feed
either in freshwater riverine habitats or near the freshwater/saltwater interface. This species is
anadromous, primarily utilizing riverine and estuarine habitats, migrating between freshwater and
mesohaline river reaches. Spawning occurs in upper, freshwater areas, typically in January and
February while feeding and overwintering activities may occur in both fresh and saline habitats.
Aside from seasonal migrations to estuarine waters, this species rarely occurs in the marine
environment (NMFS, 1998; Keiffer and Kynard, 1993). There are accounts of shortnose sturgeons
occurring in the Atlantic Ocean offshore of North Carolina (Holland and Yelverton, 1973;
Dadswell et al., 1984), however, these records are not well substantiated and there is speculation
as to whether they were misidentified juvenile Atlantic sturgeon (Shortnose Sturgeon Status
Review Team, 2010). Those shortnose sturgeon captured in the ocean are usually taken close to
shore, in low salinity environments; there are no records of shortnose sturgeon in the NMFS
database for the northeast offshore bottom trawl survey (NMFS, 1998).
4.5.4. Atlantic Sturgeon
In 2009, the Natural Resources Defense Council (NRDC) petitioned NMFS to list the Atlantic
sturgeon (Acipenser oxyrinchus) under the Endangered Species Act of 1973 (ESA). As a result of
the petition, four Distinct Population Segments were listed as endangered on February 6, 2012,
including the South Atlantic DPS, the Carolina DPS, the Chesapeake Bay DPS and the New York
Bight DPS. The project area falls within the range of the Carolina DPS. Atlantic sturgeon are
similar in appearance to shortnose sturgeon (Acipenser brevirostrum), but can be distinguished by
their larger size, smaller mouth, different snout shape and scutes (NMFS, 2018b). The Atlantic
sturgeon is a long-lived, estuarine dependent, anadromous fish. They are benthic feeders and
typically forage on invertebrates including crustaceans, worms and mollusks. Atlantic sturgeon
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can grow to approximately 14 feet long and can weigh up to 800 pounds (NMFS, 2018b). They
are bluish -black or olive brown dorsally (on their back) with paler sides and a white belly.
Adults range from St. Croix, ME south to the St. Johns River in Florida (NMFS, 20118b). These
fish undergo seasonal migrations to and from freshwater, but spend much of their adult life in the
marine environment for growth (Stein et al., 2004; Atlantic Sturgeon Status Review Team, 2007).
Atlantic sturgeons are found offshore primarily during the fall to spring months of approximately
October to March. However, different life stages will utilize the marine environment during the
summer as well. Although Atlantic sturgeons spawn repeatedly, they do not necessarily spawn
every year (Smith and Clugston, 1997). During non -spawning years, adults may utilize marine
waters year-round (Bain, 1997). Spawning adults migrate upriver in spring, beginning in February
to March in the south, April to May in the mid -Atlantic, and May to June in Canadian waters. In
some areas, a small spawning migration may also occur in the fall. Spawning occurs in flowing
water between the salt front and fall line of large rivers. Atlantic sturgeon spawning intervals range
from one to five years for males and two to five years for females (NMFS, 2018b). Following
spawning, males may remain in the river or lower estuary until the fall while females typically exit
the rivers within 4 to 6 weeks (NMFS, 2018b). Juveniles move downstream and inhabit brackish
waters for a few months and when they reach a size of about 30 to 36 inches, they move into
nearshore coastal waters (Smith, 1985). Tagging data indicates that these immature Atlantic
sturgeons travel widely once they emigrate from their natal (birth) rivers.
Records from federal, private and state surveys also show that Atlantic sturgeon have been
documented within nearshore Atlantic Ocean habitats from the North/South Carolina state line to
off the mouth of Chesapeake Bay (Moser et al. 1995). Collins and Smith (1997) reported the
occurrence of Atlantic sturgeons in the Atlantic Ocean off South Carolina in months of low water
temperatures (November —April) from nearshore to well offshore in depths up to 40 meters. The
rivers, estuaries and nearshore waters of coastal North Carolina serve as important habitat for
Atlantic sturgeon. Coastal North Carolina is considered one of several concentration areas along
the northeastern U.S. where sturgeon have been shown to aggregate, and Stein et al. (2004) found
the fish were often associated with inlets of the Outer Banks. An acoustic array deployed offshore
Cape Hatteras has collected data on acoustically -tagged Atlantic sturgeon (tagged by members of
the Atlantic Cooperative Telemetry network) from February 2012 to May 2014. The array consists
of 12 VR2W receivers placed 1.6 km apart, from nearshore to just shy of 20 km offshore. Data has
been collected for 123 individual Atlantic sturgeon, and indicate the highest numbers of detections
have occurred during the months of November and March (Bangley, pers. comm., 2014). In
general, few acoustically tagged Atlantic sturgeon were recorded passing the array during the
summer months. The array has picked up signals from sturgeon released from Connecticut through
Georgia, and the data suggest the area may be a "hotbed for Atlantic sturgeon" (Rulifson, pers.
comm., September 11, 2014) (Figure 20).
A study conducted by Laney et al. (2007) provides some insight into spatial distribution of Atlantic
sturgeon in the marine waters offshore Virginia and North Carolina, based on incidental captures
in winter tagging cruises conducted between 1988 and 2006. The surveys included sampling in
and near extensive sand shoals adjacent to Oregon Inlet and Cape Hatteras. During the months of
January and February from 1998 through 2006, investigations by bottom trawling captured 146
juvenile Atlantic sturgeons in depths from 929.9 to 69.9 ft. (Laney et al., 2007). Numbers of
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Atlantic sturgeon captured and tagged in a given year ranged from 0 (1993, 1995) to 29 (2006).
Atlantic sturgeon were encountered in 4.2% of tows, with the percentage varying from 0 in 1993
and 1995 to 12.6% in 1988. Captures typically occurred near shore at depths less than 18 m.
Capture patterns suggested that Atlantic sturgeon were likely aggregating to some degree. Many
of the fish were captured over sandy substrates. Total lengths of captured Atlantic sturgeon ranged
from 577 to 1,517 mm (mean of 967 mm), suggesting that most fish were juveniles. Limited tagged
returns and genetic data suggest that fish wintering off North Carolina constitute a mixed stock.
Sturgeons are distributed within areas that provide foraging opportunity. The narrow depth ranges
and substrate types preferred by sturgeon correspond with bottom features that likely support
depth -specific concentrations of prey (Stein et al., 2004; Kynard et al., 2000). Analysis of
commercial fishery by -catch data suggests that, along the northeastern U.S., migratory sub -adults
and adults show preference for shallow (33-164 ft) coastal areas dominated by gravel and sand
substrate (Stein et al., 2004). Within the mid -Atlantic Bight (including coastal North Carolina),
sturgeon may prefer even shallower depths (82 ft or less). Coastal features, such as inlets and
mouths of bays, support high concentrations of Atlantic sturgeon presumably due to the physical
and biological features produced by outflow plumes (Stein et al., 2004). This species has also been
shown to utilize sand shoals in the mid -Atlantic Bight. Atlantic sturgeon were collected during
otter trawl surveys over the Beach Haven Ridge, a large shoal feature located about 7 miles
offshore New Jersey in water depths 6.5 — 62 ft (Milstein and Thomas, 1977). CSA International
et al. (2009) suggests pelagic and demersal species that affiliated with shoals are likely seeking
food, shelter, orientation or a break from the currents.
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z
0
ii
11I
I i
N( �� � Nf ti � �O is?�� �a
\�D \,ZO \�D \�O \�O \,ZO \�O
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Figure 21. Atlantic sturgeon detections recorded by acoustic array located offshore Cape Hatteras, NC.
Sturgeon were tagged by the Atlantic Cooperative Telemetry Network (Bangley, pers. comm., September 15,
2014)
4.5.5. Giant Manta Ray
The giant manta ray (Manta birostris) is currently proposed as threatened under the ESA (82 FR
3694). This proposed rule was initiated by a November 10, 2015 petition from Defenders of
Wildlife, which also included the request to designate critical habitat alongside the final listing.
As part of this process, a detailed status review of the species was conducted and published in 2016
(Miller and Klimovich, 2016). This review contains extensive species information such as life
history and ecology, abundance trends, analysis of the ESA Section 4(A)(1) factors and extinction
risk analysis.
The IUCN lists the species as vulnerable, which indicates that it is facing a high risk of extinction
in the wild. The genus is also listed on Appendix II of CITES, which provides protections
regarding international trade of the animals and requires very closely restricted and controlled
regulations to avoid over utilization. In addition, M. birostris is listed on both Appendix I and II
of the Convention of Migratory Species (CMS). This listing aims to conserve migratory species
throughout their range, including their habitats and migratory routes.
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The giant manta ray can weigh up to 2,400 kg (5,300 lbs) and extend up to 8 m (25 ft) in length.
It is characterized by a diamond -shaped body that is black on the dorsal side and white on the
ventral side. The giant manta ray has paired cephalic lobes and a wide terminal mouth which they
use to feed on plankton. As pelagic planktivores, the giant manta ray seasonally inhabits coastlines
with regular upwelling, oceanic island groups, and offshore pinnacles and seamounts (NMFS,
2018c). They also have been observed utilizing inshore areas such as shallow reefs (less than 32
ft in water depth), sandy bottom areas, and seagrass beds (O'Shea et al., 2010; Marshall et al.,
2011; Rohner et al., 2013). Overall, the species has a global distribution and is considered
migratory; however, studies also suggest that this species may have a higher degree of site fidelity
than previously thought (Stewart et al., 2016). The furthest from the equator they have been
recorded is North Carolina in the United States (31°N) and the North Island of New
Zealand (36°S). They prefer water temperatures above 68 °F (20 °C).
The overall low population numbers of giant manta rays are in part due to the threats that these
animals face, namely targeted fisheries and bycatch. Manta rays are primarily sought after for
their gill plates, which are used in traditional medicine. In addition, the cartilage and skins are
also valued in the international trade market (NMFS, 2018c). To a lesser extent, tourism may also
negatively impact manta rays by potentially altering their behavior and by divers inadvertently
damaging their habitat and/or inappropriately interacting (i.e. touching) the animals. Lower
biodiversity and prey availability at overexploited dive sites has also been observed (Miller and
Klimovich, 2016).
Although no specific studies on the presence of the giant manta ray in North Carolina appear to be
available, there have been reports individuals observed in nearshore waters along the outer Banks
along with numerous sightings offshore (Bonine, pers. comm., 2018).
4.5.6. Piping Plovers
The piping plover (Charadrius melodus) was federally listed in 1986 under the Endangered
Species Act of 1973, as amended with three separate breeding populations in North America: 1)
the Atlantic Coast population (threatened), 2) the Northern Great Plains population (threatened)
and 3) the Great Lakes population (endangered). Piping plovers are also listed as threatened
throughout their wintering range (USFWS, 1996). The Atlantic Coast population breeds along the
east coast of North America from the Canadian Maritime Provinces to North Carolina. The
Northern Great Plains population can be found breeding from southern Alberta to Manitoba and
south to Nebraska. The Great Lakes population breeds along the shorelines of the Great Lakes. All
three populations migrate to the coastal shorelines of the South Atlantic, Gulf of Mexico and the
beaches of the Caribbean Islands to winter (USFWS, 2015a).
Piping plovers are small shorebirds weighing approximately 42.5 to 56.7 gm (1.5 to 2 oz),
measuring 17.8 cm (7 in) in length, with an average wingspan of 38.1 cm (15 in). Piping plovers
resemble a sandpiper with the upper body parts a pale brownish or grayish color and the underbody
white (S. Everhart, pers. comm., 2007). Distinguishing features are noticeable during the summer
months, including a black band across the forehead, a second black band forming a ring around
the neck and orange legs. During the winter months, the black bands fade to be unrecognizable
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and the legs fade to a pale yellow. Coloring and size of both the male and female adults are similar.
Plovers primarily feed on invertebrates endemic to the wet sand environment between mean low
and mean high water (USFWS, 1996).
As of the 1986 listing, the USFWS (2011) estimated that 790 piping plover breeding pairs existed
in the Atlantic Coast population (including Canada). By 1996, 1,348 breeding pairs were
documented. The number of breeding pairs has continued to steadily increase, reaching 1,438 pairs
in 2000, 1,690 pairs in 2002 (USFWS, 2011) and 1,782 pairs in 2010 (USFWS, 2011). However,
overall population growth has been tempered by abrupt declines within recovery units. For
example, the number of piping plover breeding pairs in North Carolina decreased from 55 pairs in
1989 to 24 pairs in 2003. Nevertheless, estimates indicate a slight increase occurred in breeding
pairs to 37 in 2005 and 46 in 2006 (USFWS, 2011). Overall, the southern recovery unit of the
Atlantic Coast population increased by 66% between 1989 and 2008 with the majority of this
increase occurring between 2003 and 2005 (USFWS, 2009). However, continuing low
productivity leaves North Carolina vulnerable to problems associated with very small, sparsely
distributed populations (e.g., difficulties finding mates).
Coastal habitats along the U.S. Atlantic coast serve a variety of ecological functions for piping
plovers. For nesting, piping plovers utilize dry sand habitats above the high tide line along coastal
beaches, spits and flats at the ends of barrier islands, gently sloping foredunes, blowout areas
within primary dunes and washover areas (USFWS, 2010). Nests are usually found in sparsely
vegetated dune and beach environments (USFWS, 2003; Cohen et al., 2008), although they may
nest under patches of beach vegetation (USFWS, 1996). Nests are shallow, scraped depressions
made of fine sand, pebbles, shells or cobble (Patterson, 1991). In North Carolina, non -breeding
piping plovers primarily use bayshore beaches and sound islands for foraging and ocean beaches
for roosting and preening (Cohen et al., 2008).
According to the USFWS, the piping plover may be found within all eight coastal counties of
North Carolina (USFWS, 2016). The North Carolina coastline serves as habitat for breeding,
migration activities of the Atlantic Coast population, as well as wintering grounds for all three
breeding populations. Piping plovers are therefore present year-round in North Carolina and utilize
the coastal habitats for foraging, roosting, nesting, wintering and migrating (Sarah Schweitzer,
pers. comm., April 18, 2014). The spring migration of piping plovers typically occurs from March
1 through April 30, although some spring migrants may arrive as early as February (Cohen et al.,
2008). Eggs can be found along the nesting habitat from mid -April through late July (Sue
Cameron, pens. comm., 2007). At the age of 25 to 35 days, chicks are able to fly and leave the nest
(USFWS, 1996). By mid -July, adults and young may begin to depart for their wintering areas. In
North Carolina, fall migration for the new chicks and adult parents begins in mid -July and can
extend through the end of November (S. Cameron, pers. comm., 2007).
Along the Cape Hatteras National Seashore, the National Park Service conducts breeding pair and
nesting surveys annually. Between 2014 and 2018, a total of 49 piping plover nests were observed
along the Shoreline. From those nests, 15 chicks fledged (Cape hatteras national seashore, 2021).
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The National Park Service also conducts surveys for non -breeding and wintering piping plovers
within the Cape Hatteras National Seashore. Surveys occur from April through March of the
following year. Surveys for wintering and migrating piping plovers are not conducted in June,
when all the piping plovers present are presumed to be breeders, not migrants. The surveys
followed a standard methodology developed for bird surveys, which included dividing the islands
into sampling sub -units based on established park miles. Higher intensity sampling occurred in
accreted areas (i.e. spits/points) and lower intensity sampling occurred on oceanside beachfront
areas. Between 2015 and 2018, 287 surveys were performed during the months of March and April
along the Cape Hatteras National Seashore for foraging and wintering piping plovers. During that
time period, a total of 131 piping plocers were observed (Cape hatteras national seashore, 2021).
The U.S. Fish and Wildlife Service has designated revised critical habitat for the wintering
population of the piping plover in four units in North Carolina under the Endangered Species Act
of 1973, as amended. In total, approximately 827 hectares (ha) (2,043 acres (ac)) fall within the
boundaries of the amended critical habitat designation, located in Dare and Hyde counties, North
Carolina. Critical Habitat Unit NC-1 lies within a portion of the project area (Figure 21). This
unit extends from the southern portion of Bodie Island through Oregon Inlet to the northern portion
of Pea Island. It begins at Ramp 4 near the Oregon Inlet Fishing Center on Bodie Island and extends
approximately 4.7 mi (7.6 km) south to the intersection of NC Highway 12 and Salt Flats Wildlife
Trail (near Mile Marker 30, NC Highway 12), approximately 2.9 mi (4.8 km) from the groin, on
Pea Island. The unit is bounded by the Atlantic Ocean on the east and Pamlico Sound on the west
and includes lands from the MLLW (mean lower low water) on the Atlantic Ocean shoreline to
the line of stable, densely vegetated dune habitat (which is not used by piping plovers) and from
the MLLW on the Pamlico Sound side to the line of stable, densely vegetated habitat, or (where a
line of stable, densely vegetated dune habitat does not exist) lands from MLLW on the Atlantic
Ocean shoreline to the MLLW on the Pamlico Sound side. Any emergent sandbars south and west
of Oregon Inlet, including Green Island and lands owned by the State of North Carolina, such as
island DR-005-05 and DR-005-06, are included. This unit does not include the OIFC, NC Highway
12 and the Bonner Bridge or its associated structures, the terminal groin, or the historic Pea Island
Life -Saving Station, or any of their ancillary facilities (e.g., parking lots, out buildings).
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Critical Habitat for the Wintering
Population of the Piping Plover.
Atlantic Ocean
NC-1
Pamlico Sound
Oregon Inlet
NC-12 Mile
/ Marker 30
N
S
0 1 2
Miles
0 1 2 3 4
Kilometers
North Carolina
Legend
wintering Piping Plover Critical Habitat Unit
State Highway NC-12
North Carolina Unit: 1
Figure 22. Piping plover Critical Habitat Unit NC-1
4.5.7 Rufa Red Knot
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The rufa red knot (Calidris canutus rufa) is one of the six subspecies red knots and one of the three
that resides in the Western Hemisphere. Subspecies rufa winters in northern Brazil, the greater
Caribbean and along the U.S. coast from Texas to North Carolina. Due in part to substantial
population declines in the 1990's and 2000's, the USFWS released a proposed rule to list the rufa
red knot as threatened on September 30, 2013 (78 FR 60023). Population estimates for subspecies
rufa up to the early 1990s were 100,000-150,000, one of the smallest red knot populations
worldwide. During the 1990s, this fell to around 80,000. By the early 2000s, the population may
have dropped to 35,000-40,000. Based on best available data, the USFWS concluded that there
has been an overall sustained decline in known populations, and that these populations may have
stabilized in the last few years (74 FR 60024). The rufa red knot population decline that occurred
in the 2000s was caused primarily by reduced food availability from increased harvests of their
key prey species, the horseshoe crab, and was exacerbated by small changes in the timing that
knots arrived at the Delaware Bay. Decreased foraging success during migration has been linked
to decreased breeding success and the probable increased mortality of adults. Wintering rufa red
knots tend to concentrate at a few localities where habitat loss or reduced food availability can
influence a sizable proportion of entire populations. Additionally, climate change may have long-
term effects on coastal foraging areas, due to sea level rise, and its Arctic breeding grounds due to
habitat change. The 2010 Spotlight Species Permit Plan prepared by the USFWS attributes the
destruction and modification of the rufa red knot's habitat, and particularly the decline of key food
resources resulting from reductions in horseshoe crabs, as a significant threat. The shore of the
Delaware Bay is the only significant breeding area for horseshoe crabs on the Atlantic coast of
North America. The rufa red knots rely on the eggs of horseshoe crabs as a food source to fuel the
migratory flight from the wintering grounds of Chile and Argentina, to the breeding grounds of
the Arctic. Along the North Carolina coast, threats to migration stopover habitat include beach
erosion, human disturbance and competition with other species for limited food sources.
Rufa red knots winter at the southern tip of South America and breed above the Arctic Circle,
requiring the birds to fly over 9,300 miles from south to north every spring and reverse the trip
every autumn (USFWS, 2015b). The spring migration is broken into non-stop segments of 1,500
miles or more with the birds converging at critical stopover areas along the entire Atlantic coast.
Red knots are faithful to these specific sites and will stop at the same locations year after year
(USFWS, 2010). Mole crabs (Emerita talpoida) and coquina clams (Donax sp.) are reportedly an
important food source for migrating knots in North Carolina (Gilbert Grant, pers. comm., March
20, 2014). Birds arrive at stopover areas with depleted energy reserves and must quickly rebuild
their body fat to complete their migration to Arctic breeding areas. During their brief 10 to 14-day
stay in the mid -Atlantic, rufa red knots typically double their body weight (USFWS, 2010).
Although the Delaware Bay and coastal Virginia represent the largest stopover concentration of
rufa red knots, coastal North Carolina does support the birds during their spring and fall migrations.
Studies conducted by the National Park Service have documented red knots along the Cape
Hatteras National Seashore over time. This species was generally found in larger groups, largely
in foreshore habitat. To a much lesser extent, sightings also occurred in the backshore, mudflats,
overwash areas, and within the surf zone. At the Seashore, the largest populations of red knots are
observed around the end of April and into May during their migration to breeding grounds in the
north. During peak migration in 2017, greater than 600 individuals were observed at Cape
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Lookout. For the remaining months in 2017, between zero and 200 individuals were observed on
each sampling date within the same study area (Cape hatteras national seashore, 2021). There is
not a consistent population of red knots at the Seashore, although some birds spend the summer in
North Carolina before migrating farther north and some overwinter in North Carolina rather than
continuing to fly south (Cape hatteras national seashore, 2021).
The USFWS has proposed critical habitat for the red knot in proximity to the project area.
Specifically, Subunit NC-1A (Hatteras Island and Shoals) consists of approximately 5,754 ac
(2,329 ha) of occupied habitat in Dare County consisting of beach shoreline from the southeast
side of Oregon Inlet, south along the ocean -facing side of the island (including Pea Island NWR)
to Cape Point in Cape Hatteras National Seashore. From Cape Point, the subunit stretches along
the ocean side of the island about 13.25 mi (21 km) west to the east side of Hatteras Inlet. This
subunit includes from MLLW (i.e., the highly dynamic beach and emergent sand shoals that are
covered at high tide and uncovered at low tide, that are associated with the northeast side of
Hatteras Inlet's navigable channel) to the toe of the dunes or where densely vegetated habitat, not
used by the rufa red knot, begins. Lands within this subunit include approximately 4,940 ac (1,999
ha) in Federal ownership (Cape Hatteras National Seashore) and 814 ac (329 ha) that are
uncategorized.
4.6. Colonial Shorebirds
State -protected colonial shorebird species that may be found within the project area include gull -
billed terns, least terns, common terns, and black skimmers. While these species are not federally
threatened or endangered, they are all federally protected under the Migratory Bird Treaty Act
(MBTA). These species nest in large colonies and obtain their food primarily from the water (Cape
hatteras national seashore, 2021). Colonial shorebirds nest on open beaches, sand spits, sea wrack
in marshes, and shell or gravel bars on relatively undisturbed islands. They dig shallow depressions
that are occasionally lined with beach materials such as shells and pebbles. Under ideal
circumstances, shorebird nesting locations exclude terrestrial predators and allow colonial
shorebirds to nest in the open without risking nest predation. By nesting in large colonies in these
habitats, shorebirds are capable of detecting and defending against predators such as ghost crabs,
foxes, raccoons, gulls, crows, coyote, possum, feral cats, and minks (Cape hatteras national
seashore, 2021).
Colonial Shorebird Species
Black Skimmer
In North Carolina, the black skimmer is listed as a special concern species. To feed, skimmers use
the lower mandible of their bills to skim the surface of the water for small fish and invertebrates.
Black skimmers share many of the same threats as other shorebirds including habitat loss and nest
predation. Skimmers are also a disturbance sensitive species, and anthropogenic noise can lead to
nest abandonment (Cape hatteras national seashore, 2021).
Common Tern
The common tern is also listed as a special concern species in North Carolina due to continued
disturbance of nesting sites along the coast. Common terns are the most widespread tern species
of North America. However, breeding populations along the coast have severely decreased within
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the last 40 years. Common terns typically forage by hovering over the water and diving for prey
species below the surface. Breeding areas for common terns include beaches along the Atlantic
coast from Canada to North Carolina, including within the project area where they typically
observed from April through October.
Gull -billed Tern
The gull -billed tern is listed as threatened in North Carolina. These birds breed during the summer
months along the Gulf coast from Mexico to Florida and from Florida to New Jersey along the
Atlantic Coast, including the Seashore. Nesting habitat requirements are non-specific, and they
nest on materials ranging from deposited wrack material to open sand to silty -clay soils (Cape
hatteras national seashore, 2021). These habitats can occur on open sandy beaches, dredge -spoil
islands, overwash fans, shell ridges, and marsh islands. Gull -billed terns have a broad diet that is
not dependent on fish. Unlike most terns, it feeds on insects, small crabs, and other small
invertebrates, found in the wet beach environment, on mudflats, in tidal marshes, or in upland
areas. These feeding habits may make it less susceptible to beach nourishment as long as both
benthic and terrestrial macroinvertebrates are not affected simultaneously by the placement of
sediment.
Least Tern
The least tern is listed as special concern species in North Carolina due to continued disturbance
of nesting sites along the coast. They feed primarily on small freshwater and saltwater fish in open
ocean habitats where it can locate prey visually and capture it by diving into the water. Least terns
also forage on small crustaceans and insects found in the wet beach or mud flat environments.
They build their nests on sandy or gravelly beaches or along wide, sandy riverbanks and lake
shores, and they may even use flat gravel rooftops as nesting sites in developed areas.
4.7. Cultural Resources
Cultural resources, such as archaeological or historic artifacts and structures, exist along portions
of the North Carolina coastline including along the Outer Banks. Some may be eligible for listing
on the National Register of Historic Places (NRHP). The federal statutes associated with the
protection of these important cultural resources include Section 106 of the National Historic
Preservation Act of 1966, as amended (PL 89-665); the National Environmental Policy Act of
1969; the Archaeological Resources Protection Act of 1987; the Advisory Council on Historic
Preservation Procedures for the Protection of Historic and Cultural Properties (36 CFR Part 800);
and the Abandoned Shipwreck Act of 1987.
Historical research indicates that the project area lies in a location with an active maritime history.
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). The majority of
the documented wrecked vessels are schooners while other vessel types include barks, brigs, and
steamers. Documentation from NCDAHUAB indicates that vessel traffic through Oregon Inlet
was heaviest in the nineteenth century, with traffic during earlier periods slight in comparison
(Dames and Moore, 1979; Angley, 1985; Watts, 1992). Of these documented losses, four wrecks
have been identified in proximity to the project area using historic maps. Three of the wrecks
plotted on an 1849 US Coast Guard Survey Map are well north of the project area because of the
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southerly migration of Oregon Inlet since its formation in 1846. The fourth wreck, plotted on
NOAA Navigation Chart No. 12204 (1975), 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. This wreck is a modern vessel, however, and is not considered 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.
In 2008, the US DOT developed an Environmental Impact Statement (EIS) while evaluating
alternatives to replace the existing Bonner Bridge. As part of the development of the 2008 EIS,
surveys were conducted in order to identify historic architectural and other historic resources
within the area of potential effects (APE). The APE for the Bonner Bridge replacement project
included the marine and terrestrial areas surrounding the northern terminus of Bonner Bridge and
Hatteras Island from Oregon Inlet to Rodanthe, which includes a portion of the proposed dredging
corridor for this proposed project (see Figures 22 and 23). The methodology for the surveys
consisted of background research into the historical and architectural development of the area and
a field survey of the APE. All structures 50 years of age and older were photographed, mapped,
surveyed, and evaluated for NRHP-eligibility. The APE, as defined for the Bonner Bridge
replacement project, is inclusive of portions of the project area for this proposed action, which
includes the entire proposed dredging corridor.
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Roanoke
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a National Register of Historic Places
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Figure 23. Area of Potential Effect as determined within the 2008 EIS.
Four resources or resource areas within the APE were identified in the 2008 EIS as either listed
on, or eligible for, inclusion in the NRHP. These include 1) Pea Island National Wildlife Refuge;
2) the (former) Oregon Inlet US Coast Guard Station building (at the northern end of Hatteras
Island; 3) Rodanthe Historic District; and 4) the Chicamacomico Life Saving Station (USDOT,
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2008). Each of these four sites are terrestrial. Because the proposed action of operating a new
dredge within the waters of Oregon Inlet and its connecting channels do not include any terrestrial
areas, these sites would not be affected and will not be included for further investigation within
this EA.
The waters within the project area are dynamic and extensive shoaling occurs on a regular basis.
Despite the dynamic conditions, historical research indicates that the project area lies in a location
with an active maritime history. As such, 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). The majority of the documented wrecked vessels are schooners while other vessel
types include barks, brigs, and steamers. Documentation from NCDAHUAB indicates that vessel
traffic through Oregon Inlet was heaviest in the nineteenth century, with traffic during earlier
periods slight in comparison (Dames and Moore, 1979; Angley, 1985; Watts, 1992). Of these
documented losses, four wrecks have been identified in proximity to the project area using historic
maps. Three of the wrecks plotted on an 1849 US Coast Guard Survey Map are likely well north
of the project area because of the southerly migration of Oregon Inlet since its formation in 1846.
The fourth wreck, plotted on NOAA Navigation Chart No. 12204 (1975), 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. This wreck is a modern vessel, however, and is
not considered 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.
A magnetometer survey was performed by Dames and Moore (1979) within the Oregon Inlet
navigation channel. This survey revealed several anomalies. However, no ground truthing of the
Dames and Moore targets were performed at the time as background research revealed no known
shipwrecks. However, NCDOT, FHWA, and representatives of the SHPO worked cooperatively
to develop a scope of work for a remote sensing survey for underwater resources in the area that
would likely be disturbed by the construction of Bonner Bridge replacement and, in February 1993,
performed the survey. The survey area excluded those areas that have been dredged in the past.
The results of the remote sensing survey revealed 41 anomalies, of which three were considered
high priority (two near the northern end of Bonner Bridge, and one near the southern end of Bonner
Bridge), requiring investigations if not avoided. The SHPO concurred with this assessment in a
letter dated May 23, 1993 (USDOT 2008). In October 1995, an underwater investigation of these
three anomalies was conducted. A magnetometer survey was conducted to confirm and refine each
location and visual inspections were conducted. The anomalies in the northern area were also
investigated using subbottom probes. This investigation revealed that the source objects for the
anomalies of the two clusters at the north end of the bridge either lie more than 10 feet below
bottom or were too small to be located within the patterns of sub -bottom probing. It is, therefore,
reasonable to conclude that no substantial shipwreck remains exist within 10 feet of the bottom in
this area. The anomaly cluster at the south end of the bridge consisted of three anomalies. A
pipeline discovered during the diving investigation has characteristics indicating modern origin
and, apparently, is the source object for two of the three anomalies. The third anomaly, indicative
of an isolated single -source object, has significantly reduced potential for representing a
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shipwreck. Based on the results of this investigation, it is concluded that no shipwrecks exist in
this area. The SHPO concurred with this finding in a letter dated June 5, 1996 (USDOT, 2008).
In 1991, an additional remote sensing survey was conducted at Oregon Inlet for the USACE by
Panamerican Consultants, Inc. under contract with GAI Consultants, Inc. (Figure 22). This survey
was designed to determine the presence or absence of targets that might represent historically
significant shipwrecks within proposed jetty construction and dredging areas in response to the
USACE's Scope of Work for Delivery Order No. 0001, entitled Underwater Archaeological
Remote Sensing Sample Survey, Oregon Inlet Jetties, Manteo (Shallowbag) Bay Project, Dare
County, North Carolina, under Contract No. DACW54-91-0010. The sensing survey, which
employed both magnetometer and side -scan sonar, recorded three targets which possibly
represented shipwreck sites. Of these anomalies, Target 1 was determined to be the site of a drill
rig that was lost in 1981, Target 2 represents the recent wreck of the fishing trawler Elizabeth
Christine, and Target 3 represents the remains of the tug W.G. Townsend that was lost in 1961.
Owing to the recent time frame of these targets, none are considered historically significant relative
to National Register of Historic Places criteria and further archaeological investigations within the
survey area are not warranted.
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of 1983 (NAD 83). Area of Potential Effects
11
2. 2016 background imagery is ESRI Imagery
basemap from NC CGIA dated February 11, 2016. 0 2,500 5,000
Feet
Figure 24. 1991 Archeological Survey Area and Area of Potential Effects
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In the past, dredging has occurred extensively within Oregon Inlet and its connecting channels
primarily by the USACE. Channel dredging has primarily occurred through the former navigation
zone of the demolished Bonner Bridge, in a corridor approximately 1,000 feet to the east of Bonner
Bridge and in a corridor parallel to and west of Bonner Bridge. The dredging parallel to Bonner
Bridge occurred during construction of the bridge. The inlet bottom was dredged where the water
was less than 10 feet deep. This dredging occurred in an area approximately 150 feet wide and
extending the full length of the bridge, except in the area of the current navigation span and several
spans to the south. As such, this dredging activity would have disturbed, damaged, or destroyed
shipwreck resources unless scour associated with inlet movement re -deposited vessel remains at
depths below the limits of dredging.
In summary, the 2008 EIS drafted to support the Bonner Bridge replacement effort concluded,
"The North Carolina Office of State Archaeology site files contain no record of terrestrial or
submerged cultural resources in the Bonner Bridge project area and the associated APE". In
addition, the 1991 USACE archeological survey performed within the confines of the proposed
jetties in Oregon Inlet revealed the presence of no historically important resources as well.
4.8. Socioeconomic Resources
The economic impact associated with maintaining navigability within the project area and to/from
the Atlantic Ocean (via Oregon Inlet) has been examined in a recent economic study Dumas et.al
(2014). While the study focused on the economic impacts associated with maintaining navigability
through Oregon Inlet specifically, the results apply to the wider project area considering that
vessels may also navigate through these additional waterways when transiting through Oregon
Inlet. The study suggested that five key business sectors contribute the majority of Oregon Inlet's
economic impact to Dare County, the region, and the state. These sectors include commercial
fishing, seafood packing/processing, boat building and support services, recreational fishing, and
tournament fishing.
Commercial Fishing
Oregon Inlet is considered one of the most commercially vital inlets along coastal North Carolina
(Dumas et al., 2014). Users include fishermen from the communities of Wanchese, Manteo,
Manns Harbor, and Stumpy Point (all in Dare County) as well as additional communities from
other coastal counties (e.g. Hyde, Pamlico). As the ability to navigate to and through Oregon Inlet
has declined over recent decades, the commercial fishing industry has declined as well. For
example, in the 1960s there were approximately 40-50 different commercial seafood businesses in
Dare County. Presently, however, there are approximately only 15-20 remaining in the County.
Of these businesses, most landings are handled by the 4-5 largest dealers (Dumas et. al, 2014).
Due to the relative shallow and dangerous conditions, fewer fishermen choose to operate through
Oregon Inlet compared to in the recent past. Potential trips are frequently lost or shortened due to
these dangerous inlet conditions, resulting in reduced catch. The shallow draft conditions force
commercial boats reduce catch in an attempt to lighten tonnage so that they might be able to pass
through the inlet with less chance of grounding. On some occasions, when navigation is extremely
challenging, some Oregon Inlet -based commercial fishing boats must offload their landings in
Virginia due to safety concerns of traveling the inlet under loaded conditions. If the navigability
of Oregon Inlet is not maintained, Dumas et. al (2014) indicated that the remaining few commercial
fishing vessels would choose to remain in the fishing business but would relocate their fishing
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operations to other ports, most likely located in southern North Carolina or Virginia which would
certainly impact the local and regional economy.
Seafood Packing/Processing
Seafood packing and processing businesses prepare the catch for market after the catch is brought
into port. Taken together, these Oregon -Inlet dependent activities generate jobs, wages, and profits
for local workers and business owners, as well as tax revenues to support local government
services. Again, a recent trend is showing that some local businesses have also begun packing and
processing businesses in Virginia so that the loaded vessels are not dependent on Oregon Inlet
conditions. It is assumed that if Oregon Inlet were to close or not be able to be reached by
proximate waterways, Oregon Inlet dependent fishery landings would be lost (Dumas, 2014).
Boat Building and Support Services
The commercial fishing industry in proximity to the project area are supported by a number of
businesses that service and supply the vessels. As of 2014, 15 boat building companies existed in
Dare County producing custom sport fishing yachts. These companies directly employed a total of
274 workers, earning $10.6 million in wages, and represent over half of the 480 manufacturing
jobs in Dare County as of 2013 dollars (Dumas et.al, 2014). These local boat builders are directly
dependent on Oregon Inlet, as the valuable reputation of the boats for strength and durability is
maintained by continuous research and testing in the uniquely rough waters offshore. Based on the
field interviews conducted by Dumas et. al, (2014), if access to Oregon Inlet were to close, these
businesses would as well.
Recreational Fishing
The area offshore of the northern Outer Banks, including the waters off Oregon Inlet, is considered
one of the prime sportfishing regions along the East Coast due to its proximity to the Gulf Stream
and extended seasons of abundant fishing opportunities (e.g. marlin, tuna). The recreational sport
fishery is vast and includes large "headboat" recreational fishing vessels, smaller "for -hire" charter
fishing vessels, and private fishing boats. As of 2014, it was estimated that 109,000 Oregon Inlet
fishing trips are taken per year by North Carolina residents and an additional 153,000 trips are
taken by non-residents (Dumas et. al, 2014). A significant number of jobs in the tourism industry
are related to sport fishing, which is dependent on the inlet for access to the ocean fishing grounds
which contain the fish species prized by sport fishermen.
Tournament Fishing
In addition to general recreational fishing, sportfishing tournaments are important to the economy
in the Oregon Inlet region. The Outer Banks is called "The Billfish Capital of the World," as
hundreds of blue marlin, white marlin and sailfish are caught and released in the offshore waters
annually. The billfish season is long, with the peak for blue marlin in June and white marlin and
sailfish most plentiful in August and September. All are caught consistently from late spring to
early fall. Another big draw are yellowfin tuna, which are caught year-round. Large offshore
fishing tournaments are held in Dare County with anglers utilizing Oregon Inlet as the means to
access the offshore waters. In 2006, there were 9 fishing tournaments in the area, however, by
2014 the number had declined to just 5 (Dumas et. al, 2014). During that time more than 173 boats
annually are expected to participate in sportfishing tournaments dependent on passage through
Oregon Inlet (Dumas et. al, 2014). These tournaments draw significant economic impacts to the
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County ranging from expenditures on fishing gear, lodging, food, retail to custom boat sales,
marine maintenance, and/or boat storage. These recreational fishing activities generate additional
economic impacts for the region, in particular for the tourism industry.
4.9. Recreational Resources
The waters within the project area offer a wide range of recreational opportunities for residents
and tourists alike. Anglers utilize the waterways to gain access to fishing grounds in Pamlico and
Albemarle Sound as well as the Atlantic Ocean. Visitors to the Pea Island National Wildlife
Refuge, located directly to the south of Oregon Inlet, take part in bird watching and guided canoe
tours. Oregon Inlet Campground is the northernmost campground on Cape Hatteras National
Seashore located on the south end of Bodie Island. The beach adjacent to the campground can be
reached by foot from your campsite as well as by vehicle with a Cape Hatteras Off -Road Vehicle
Permit. Popular activities include fishing, swimming, surfing, birding, and shell hunting. The
OIFC provides direct access to the waters of the Pamlico Sound and the Atlantic Ocean for
recreational fishing and boating. OIFC estimated that it served more than 600,000 customers at
the marina in 2019 (based on 2019 sales receipts) with roughly 210,000 of those customers taking
a charter fishing trip in one of the 60 vessels in the Oregon Inlet Fishing Fleet (NPS, 2021). The
OIFC is considered a major sport fishing facility, providing fuel, bait, ice, water, tackle, fish
cleaning services, electricity, overnight docking, fish weighing, photography, and a marine toilet
dump station. A restaurant, parking, boat launching, and a nearby campground are also available
(USACE, 2004a). Popular sound -side opportunities include crabbing, clamming, paddle -
boarding, boating, and fishing.
5.0 IMPACTS ASSOCIATED WITH EACH ALTERNATIVE
The Council on Environmental Quality (CEQ) regulations (40 CFR §§ 1508) were updated in July
of 2020. The new regulations no longer distinguish between direct, indirect, and cumulative
effects. Effects, or impacts, are now defined by the CEQ as "changes to the human environment
from the proposed action or alternatives that are reasonably foreseeable and have a reasonably
close causal relationship to the proposed action or alternatives, including those effects that occur
at the same time and place as the proposed action or alternatives and may include effects that are
later in time or farther removed in distance from the proposed action or alternatives". A summary
of the anticipated impacts to each resource as a result of Alternatives 1 and 2 are displayed in Table
9.
5.1. Water Quality
5.1.1. Impacts Associated with the No Action Alternative
Without permits or authorization allowing for the performance of maintenance dredging within
Walter Slough, The Crack, or The Shortcut under Alternative 1, no impacts to water quality are
anticipated. Periodic storms may cause temporary increases in turbidity, however these effects to
water quality are temporary.
5.1.2. Impacts Associated with the Applicant's Preferred Alternative
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Under Alternative 2, maintenance dredging would be performed by three dredge types: special
purpose dredges, sidecast dredges, and a cutterhead pipeline dredge. Due to the operational
differences attributed to these dredge types, the impacts to water quality are realized in different
ways. 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/sec. 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 Island are located in relatively shallow waters (<-25
ft NAVD88), these turbidity plumes would be minimized. Furthermore, turbidity plumes from
dredging operations usually last for only a few 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
from in open water within the Deep Scour Hole Disposal Corridor or within the nearshore disposal
area off Pea Island 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
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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 -Siena 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.
Because the material to be dredged from within the dredge corridors is generally sandy material,
re -suspended material would be expected to have a quicker settling time, and have no appreciable
effects on the dissolved oxygen, pH or temperature. The 2004 EA drafted by the USACE entitled
"Use of Government Plant to Dredge in Federally Authorized Navigation Projects in North
Carolina" explored the impacts associated with the implementation of sidecast and special purpose
dredging in proximity to Oregon Inlet along with other federally maintained channels within the
state. The document stated, "The relatively minor amount of dredging and dredged material
disposal anticipated from all three alternatives would result in only temporary and minimal impacts
to water quality" (USACE, 2004b).
Impacts to water quality as a result of sidecast dredging differ from those attributed to hopper
dredging and have been described in a 2013 USACE EA entitled "Sidecast Maintenance Dredging
of a Portion of Hatteras -to -Hatteras Inlet Channel- Pamlico Sound, North Carolina". The EA states
that minor and short-term suspended sediment plumes and the release of soluble trace constituents
from the sediment can be expected during sidecast dredging. As such, during active dredging,
turbidity increases outside the immediate dredging area. However, approximately 50-75 feet from
the disposal area, turbidity levels typically diminish to below 25 NTUs (Nephelometric Turbidity
Units). These water quality effects of sidecast disposal are expected to be short-term and minor
and rapidly dissipated by wave and current action (USACE, 2013).
When sediment re -suspension occurs as a result of dredging activity, larger particles rapidly settle
out; however, the finer sediments will remain suspended for longer periods, or even indefinitely
in turbulent water (Adriaanse and Coosen, 1991). Suspended particles may interfere with the
biological functions of some organisms such as feeding, respiration, reproduction and potentially
cause predator avoidance. High turbidity and silt loads can have detrimental impacts to filter
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feeding organisms associated with nearshore benthic communities including amphipods, isopods,
decapods, polychaetes, mollusks and others. The conditions of diminished light penetration can
detrimentally affect the photosynthetic activity of phytoplankton, the primary producers of energy
production. However, due to the temporary nature of the anticipated elevated turbidity levels,
impacts to these organisms are not expected.
The restoration of Green Island would be constructed using a cutterhead pipeline dredge with
material obtained within Walter Slough, The Crack, or The Shortcut. A USACE study performed
in 1978 concluded that "during open -water disposal of fine-grained dredged material slurry
generated by pipeline dredge operations, an estimated 97-99% of the slurry descends rapidly to the
bottom of the disposal area.... one to three percent of the discharged slurry will not descend rapidly
to the bottom, but will remain suspended in the water column in the form of a turbidity plume.
Average plume concentrations of several hundred milligrams per liter decrease rapidly with
distance downstream from the discharge point and laterally away from the plume center line due
to settling and horizontal dispersion" (USACE, 1978b). The 1978 USACE study concludes,
"there are now ample research results indicating that the traditional fears of water -quality
degradation resulting from the resuspension of dredged material during dredging and disposal
operations are for the most part unfounded.... The impact associated with depressed levels of
dissolved oxygen has also been of some concern, due to the very high oxygen demand associated
with fine-grained dredged material slurry. However, even at open -water pipeline disposal
operations where the dissolved oxygen decrease should be greatest, near -surface dissolved oxygen
levels of 8 to 9 ppm will be depressed during the operation by only 2 to 3 ppm at distances of 20
to 40 m from the discharge point".
Overall, the impacts on water quality including turbidity, will be minimal as a result of the dredging
activities associated with Alternative 2.
5.2. Air Quality
5.2.1. Impacts Associated with the No Action Alternative
Without permits or authorization allowing for the performance of maintenance dredging within
Walter Slough, The Crack, or The Shortcut under Alternative 1, no impacts to air quality are
anticipated.
5.2.2. Impacts Associated with the Applicant's Preferred Alternative
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
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Dredge in Federally Authorized Navigation Projects in North Carolina" and the 2013 EA entitled
"Sidecast 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 Air Act, as amended. The direct and indirect emissions from the project fall below the
prescribed de minimis levels; therefore, the activities associated with Alternative 2 would not have
any adverse effect on the air quality of the Project Area (USACE, 2004; USACE 2013).
5.3. Noise
5.3.1. Impacts Associated with the No Action Alternative
Ambient noise associated with the operation of recreational and commercial vessels will occur
under Alternative 1. However, without permits or authorization allowing for the performance of
maintenance dredging within Walter Slough, The Crack, or The Shortcut under Alternative 1, no
additional impacts to noise are anticipated.
5.3.2. Impacts Associated with the Applicant's Preferred Alternative
During dredging activities, noise levels will increase above the ambient levels near the dredge
areas and at the disposal sites due to the presence of the dredge, support vessels, 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 hopper dredges, which are 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 µPa 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 (Reine
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.
During hydraulic dredging, it is very difficult to separate the individual processes involved based
on their temporal location in the acoustic record (Clarke et al. 2002). The major processes
contributing to hydraulic pipeline dredging sounds include: 1) dredged material collection sounds
that result from the rotating cutterhead coming in contact with the sediment bed and intake of the
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sediment -water slurry, 2) sounds generated by pumps and impellers driving the suction of material
through the pipes, 3) transport sounds involving the movement of sediment through the pipes, and
4) ship and machinery sounds, including those associated with the lowering and lifting of spuds
and moving of anchors by dredge tenders. Clarke et al. (2002) characterized sounds produced by
the Lake Michigan Contractors Dredge James B, a 10,000-hp, 24-in. cutterhead plant during
channel maintenance dredging. Hydraulic cutterhead sounds were recorded in Mississippi Sound,
Mississippi. Unlike mechanical dredging operations, sounds could not be partitioned into discrete
components attributable to separate sound sources. Thus, characterizing cutterhead sounds was
constrained to analyses of cumulative sources, similar to the current study. Most of the produced
sound energy fell within the 70- to 1000-Hz range, and peaked in the 100- to 110-dB range (relative
dB rms). Sounds attributable to the cutterhead operation became almost inaudible at relatively
short distances (approximately 500 m) from the source.
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.
5.4. 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, both direct and indirect, are discussed
for each of the two alternatives. In addition, the impacts to managed species are discussed as well.
5.4.1. Impacts Associated with the No Action Alternative
Seagrass
Without permits or authorization allowing for the performance of maintenance dredging within
Walter Slough, The Crack, or The Shortcut or the placement of fill within the deep scour holes
west of the Basnight Bridge or within the footprint of the restored Green Island, no negative
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impacts to SAV are anticipated. No SAV resources are located within the footprint of the
nearshore disposal area off Pea Island where the USACE and the Miss Katie are authorized to
dispose of material. Should areas within Walter Slough, The Crack, or The Shortcut continue to
shoal in and remain undisturbed, SAV may become established resulting in positive impacts for
this EFH.
Estuarine and Marine Water Columns
Without permits or authorization allowing for the performance of maintenance dredging within
Walter Slough, The Crack, or The Shortcut under Alternative 1, no impacts to estuarine and marine
water columns are anticipated.
Oyster Reefs and Shell Banks.
Without permits or authorization allowing for the performance of maintenance dredging within
Walter Slough, The Crack, or The Shortcut or the placement of fill within the deep scour holes
west of the Basnight Bridge or within the footprint of the restored Green Island, no negative
impacts to SAV are anticipated. No shellfish resources are located within the footprint of the
nearshore disposal area off Pea Island where the USACE and the Miss Katie are authorized to
dispose of material. Should areas within Walter Slough, The Crack, or The Shortcut remain
undisturbed without any future maintenance dredging, shellfish may become established resulting
in positive impacts for this EFH.
Sandy/Mud Bottom
Without permits or authorization allowing for the performance of maintenance dredging within
Walter Slough, The Crack, or The Shortcut or the placement of fill within the deep scour holes
west of the Basnight Bridge, in the nearshore waters off Pea Island, or within the footprint of the
restored Green Island, no negative impacts to sandy/mud bottom are anticipated. Should shoaling
continue in the channels, vessels may become more prone to grounding which would result in
negative impacts to sandy/mud bottoms.
Managed EFH Species
Without permits or authorization allowing for the performance of maintenance dredging within
Walter Slough, The Crack, or The Shortcut under Alternative 1, no impacts to managed EFH
species are anticipated.
5.4.2. Impacts Associated with the Applicant's Preferred Alternative
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 Alternative 2 do not encroach upon these areas. In general, intertidal flats do not exist within
the footprint of the "best water" channels included within Alternative 2 and the bottoms remain
submerged even at low tides. As such, intertidal flats will inherently be avoided by dredging
within the confines of the dredge corridor and therefore, no negative impacts associated with the
Alternative 2 is anticipated for intertidal flats. Following the restoration of Green Island,
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additional intertidal flat habitat may be created as the island erodes with material migrating into
nearby shallow areas resulting in a beneficial impact on the resource.
Seagrass
While the maintenance dredging as described for Alternative 2 may occur in the vicinity of known
SAV habitat, the rapid accumulation of sand characteristic of the development of SAV shoals
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 two dredge corridors involves the discharge of dredged material into the
open water adjacent to the area being dredged via sidecasting, within the Deep Scour Hole Disposal
Corridor west of the Basnight Bridge, and within the nearshore disposal site off Pea Island. When
possible, the use of a sidecast dredge includes positioning of the discharge pipe into the deepest
water. Conditions that preclude this are when winds and/or currents redeposit this material back
into the recently dredged area. The decision as to whether this positioning can be done is left up to
the dredge captain, but the need to avoid deposition in shallow water to the maximum extent
practicable is emphasized each time a sidecast dredge is used.
As described in Section 5.1, effluent from the dredge rapidly dissipates. 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.
If SAV are present within the sidecast dredge's deposal area or within the Deep Scour Hole
Disposal Corridor, they could be impacted due to smothering and/or light attenuation due to
increased turbidity. Because SAV has been documented within a portion of the Deep Scour Hole
Disposal Corridor, in order to minimize any impacts to these resources, a 100 ft buffer will be
established around of any known SAV beds. No material will be disposed within this buffer.
Furthermore, a 100 ft no -dredge buffer will be imposed around SAV resources within the dredge
corridors when a special purpose or pipeline dredge will be used for maintenance dredging events
and a 300 ft no -dredge buffer will be imposed around these resources when sidecast dredging will
occur. SAV do no occur in the nearshore areas in the Atlantic Ocean, therefore the disposal of
material in the nearshore disposal site off Pea Island by special purpose dredges or the Miss Katie
would not impact SAV as a result in activity in this area. In addition, the footprint of the Green
Island restoration area is located approximately 1,800 ft. from any known SAV resources which
will reduce the risk for impacts associated with the restoration of the island in regards to SAV.
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Considering the location of known SAV beds in relation to the dredging and disposal activities
associated with Alternative 2 along with the buffers that will be implemented, the impacts to SAV
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 5.1.
Dredging and disposal operations conducted under Alternative 2 may impact the estuarine and
marine water columns in the immediate vicinity of the discharge; either adjacent to the dredging
project in the case of sidecast dredge use or within the open water disposal locations (the Deep
Scour Hole Disposal Corridor, the nearshore disposal area off Pea Island, and the Green Island
restoration site). 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.
As noted in the 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 2.
Oyster Reefs and Shell Banks
Sedimentation resulting from open water disposal in the deep scour holes west of the Basnight
Bridge, within the footprint of the restored Green Island, and via sidecasting from material
obtained from the dredge corridors could impact oyster reefs and shell banks through
sedimentation should the material be disposed of in proximity to these resources. These
anticipated impacts will be minimized, however, due to the inclusion of a 100 ft no -dredge and no -
disposal buffer around of any known shellfish beds when the Miss Katie, special purpose dredges,
or pipeline dredge is used. In addition, a 300 ft no -dredge buffer will be imposed around these
resources when sidecast dredging will occur. Benthic habitat types containing shells (alive or dead
shellfish) is located no closer than approximately 1,500 ft. from the footprint of the restored Green
Island which would substantially reduce the risk of shellfish resources being impacted by
sedimentation during the construction of the island.
No oyster reefs or shell banks are located in the Atlantic Ocean and therefore material placed in
the nearshore disposal site off Pea Island would not impact these resources.
Sandy/Mud Bottom
Benthic resources residing within the sandy/mid bottoms disturbed by the actions associated with
Alternative 2 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
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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.
The restoration of Green Island under Alternative 2 will result in the covering 26.84 acres
(1,169,056 sq ft) of sandy/mud EFH habitat with fill material. Much of this area (25 acres) will
be converted to non -aquatic upland bird habitat. This loss of 25 acres of this EFH is considered to
be inconsequential, however, considering that the Albermarle-Pamilco estuary contains more than
3,000 square miles, or 1,920,000 acres of open water, most of which includes a sandy/mud bottom.
Managed EFH Species
As determined by the USACE, the effects of sidecast and 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 under Alternative 2, the open water disposal within the
scour holes west of the Basnight Bridge, the footprint of the restored Green Island, 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 active disposal location or
insignificantly effected at the population level (USACE, 1992; USACE, 2004b; USACE, 2013).
Although turbidity plumes associated with dredging often are short-lived and affect relatively
small areas (Cronin et al., 1970), 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
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motile and are able to move away from such disturbances (Kjelland et al. 2015). In support of this
notion, examples of TSS 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 Alternative 2 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, 2004b). 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 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 as part of
Alternative 2 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.
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5.5. Threatened and Endangered Species
5.5.1. West Indian Manatee
5.5.1.1. Impacts Associated with the No Action Alternative
Without permits or authorization allowing for the performance of maintenance dredging within
Walter Slough, The Crack, or The Shortcut under Alternative 1, no impacts to the West Indian
Manatee are anticipated.
5.5.1.2. Impacts Associated with the Applicant's Preferred Alternative
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 historically
dredged by the USACE and contracted pipeline dredges. 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 A).
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, Alternative 2 is not likely to adversely
impact the manatee.
5.5.2. Sea Turtles
5.5.2.1. Impacts Associated with the No Action Alternative
Without permits or authorization allowing for the performance of maintenance dredging within
Walter Slough, The Crack, or The Shortcut under Alternative 1, no impacts to sea turtles are
anticipated.
5.5.2.2. Impacts Associated with the Applicant's Preferred Alternative
As discussed in Section 4, 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
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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.
The risk of collision depends upon the amount of time the animal remains near the surface of the
water. 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 to be dredged under Alternative 2, 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 23). The location of the intake is approximately 1 to 2 feet below the sediment
surface making it less likely to entrain turtles (Studt, 1987; USACE, 1990). The dredge pumps on
these vessels average 350 horsepower and draghead sizes range from approximately 2' x 2' to 2'
3'. The draghead openings are further subdivided on their undersides by gridded baffles with
openings ranging from 5" x 5" to 5" x 8". The baffles restrict the size of objects that can enter the
dredge and even -out and direct the hydraulic forces during dredging, allowing for maximum
production with each dredge cut. The Miss Katie has been constructed using similar specifications.
In 1998, field trials were performed to test the potential of special purpose dredges to take sea
turtles. Tests were run using a deceased green sea turtle (previously taken in the gill net fishery
and frozen) in three scenarios that incorporated impinging the sea turtle on the draghead while the
pumps were running 1) in the water column, 2) placed on the bottom, and 3) during active
dredging. In the first two scenarios, the suction was not strong and the turtle could be easily
prodded away from the draghead using a pole. The third scenario was considered the worst case
and resulted abrasions from being dragged along the bottom, but no fractures, dislocations, or other
physical damage was detected. It was therefore concluded that the low suction forces attributed to
these special purpose dredges would reduce the likelihood of impinging a sea turtle. If a sea turtle
were to become impinged accidentally, it would have many opportunities to escape due to low
suction forces and bottom irregularities (USACE, 1998).
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Figure 25. 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 implementation of Alternative 2 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.
Sea turtles are not known to be vulnerable to entrainment in hydraulic cutterhead dredges,
presumably because they are able to avoid the relatively small intake and low intake velocity
associated with this type of dredge. Based on the lack of documented interactions between sea
turtles and cutterhead dredges and that the dredge suction is not turned on until the dredge head
is in contact with the substrate, effects to sea turtles from the cutterhead dredge are extremely
unlikely, and therefore discountable.
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The restoration of Green Island could provide beneficial impacts to nesting sea turtles as the newly
created sandy island could provide a small amount of sea turtle nesting habitat (Cape hatteras
national seashore, 2021).
5.5.3. Shortnose Sturgeon
5.5.3.1. Impacts Associated with the No Action Alternative
Without permits or authorization allowing for the performance of maintenance dredging within
Walter Slough, The Crack, or The Shortcut under Alternative 1, no impacts to shortnose sturgeon
are anticipated.
5.5.3.2. Impacts Associated with the Applicant's Preferred Alternative
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. As discussed in Section 4.5.3,
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 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 (NMFS,
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, within the Deep Scour Hole Disposal
Corridor west of the Basnight Bridge, the restoration of Green Island, or via sidecasting. In
general, when sediment re -suspension occurs, larger particles will likely settle out; however, the
finer sediments will remain suspended for longer 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, as described in Section 5.1, 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
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Opinion for Use of Dredge Fry, Merritt, Schweizer and Currituck in coastal U.S. Waters (NMFS,
1999).
5.5.4. Atlantic Sturgeon
5.5.4.1. Impacts Associated with the No Action Alternative
Without permits or authorization allowing for the performance of maintenance dredging within
Walter Slough, The Crack, or The Shortcut under Alternative 1, no impacts to Atlantic sturgeon
are anticipated.
5.5.4.2. Impacts Associated with the Applicant's Preferred Alternative
The areas to be dredged nor the proposed disposal area in proximity to the deep scour holes west
of the Basnight Bridge or the footprint of the restored Green Island under Alternative 2 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 1999 Biological Opinion regarding the use of special-purpose dredges and sidecast 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. The mechanisms of these effects are discussed previously for
shortnose sturgeon in Section 5.5.3. 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
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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).
5.5.5. Giant Manta Ray
5.5.5.1. Impacts Associated with the No Action Alternative
Without permits or authorization allowing for the performance of maintenance dredging within
Walter Slough, The Crack, or The Shortcut under Alternative 1, no impacts to the giant manta ray
are anticipated.
5.5.5.2. Impacts Associated with the Applicant's Preferred Alternative
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 under Alternative 2.
5.5.6. Piping Plover
5.5.6.1. Impacts Associated with the No Action Alternative
Without permits or authorization allowing for the performance of maintenance dredging within
Walter Slough, The Crack, or The Shortcut under Alternative 1, no impacts to the piping plover
are anticipated.
5.5.6.2. Impacts Associated with the Applicant's Preferred Alternative
Although piping plover Critical Wintering Habitat is found within proximity to the project area,
no actions associated with Alternative 2 are anticipated to negatively impact piping plovers. The
restoration of Green Island will, however, provide habitat for piping plovers during the winter
season.
5.5.7. Red Knot
5.5.7.1. Impacts Associated with the No Action Alternative
Without permits or authorization allowing for the performance of maintenance dredging within
Walter Slough, The Crack, or The Shortcut under Alternative 1, no impacts to the red knots are
anticipated.
5.5.7.2. Impacts Associated with the Applicant's Preferred Alternative
No negative impacts to red knot or its proposed critical habitat (Subunit NC-1A- Hatteras Island
and Shoals) are anticipated to be incurred because of the actions associated with Alternative 2.
However, the restoration of Green Island will, however, provide habitat for red knots during the
winter season.
5.6. Colonial Shorebirds
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Without permits or authorization allowing for the performance of maintenance dredging within
Walter Slough, The Crack, or The Shortcut under Alternative 1, no impacts to colonial shorebirds
are anticipated.
5.6.1. Impacts Associated with the No Action Alternative
Without permits or authorization allowing for the performance of maintenance dredging within
Walter Slough, The Crack, or The Shortcut under Alternative 1, no impacts to colonial shorebirds
are anticipated.
5.6.2. Impacts Associated with the Applicant's Preferred Alternative
Colonial shorebirds nest on open beaches, sand spits, sea wrack in marshes, and shell or gravel
bars on relatively undisturbed islands. These species typically dig shallow depressions that are
occasionally lined with beach materials such as shells and pebbles to serve as their nests. Under
ideal circumstances, shorebird nesting locations exclude terrestrial predators and allow colonial
shorebirds to nest in the open without risking nest predation. By nesting in large colonies in these
habitats, shorebirds are capable of detecting and defending against predators such as ghost crabs,
foxes, raccoons, gulls, crows, coyote, possum, feral cats, and minks (Cape hatteras national
seashore, 2021). The dredging operations or disposal of dredged material within the Deep Scour
Hole Disposal Corridor or in the nearshore waters off Pea Island are not anticipated to impact
nesting activity with colonial shorebirds because the location of these activities do not overlap
with the shorebird's habitat.
The Applicant's Preferred Alternative includes the restoration of Green Island which will serve to
provide early successional unvegetated sandy areas that are required for nesting colonial
shorebirds. Much of the natural barrier island beach habitat in North Carolina has been impacted
by commercial and residential development, increased populations of mammalian predators, and
is used intensively for recreation. As a result, many species of colonial shorebirds have begun to
use manmade habitats including islands constructed from dredged material. During the 1970s, the
USACE's Dredged Material Research Program (DMRP) conducted extensive research on avian
use of dredged material islands within several regions including North Carolina. During the
research period, over 600,000 nesting colonial waterbirds of 35 species were detected. Nationally,
45% of all colonial ground nesting birds and 30% of all colonial tree nesting birds were utilizing
man-made islands (Soots and Landin, 1978). In key Atlantic and Gulf coast states, the same study
found that upwards of 50-90% of the nesting sites for these birds were on dredge material. In
North Carolina, studies by J. Parnell and R. F. Soots, Jr., in the mid-1970's found that 76 percent
of all ground -nesting waterbird colonies (terns, skimmers, pelicans, and gulls) were on dredged
material sites (Parnell and Soots 1979). The North Carolina Colonial Waterbird Management Plan
calls for maintenance of suitable nesting habitat for species that have nested in the coastal region
historically (Parnell and Shields 1990). Therefore, the restoration of Green Island will return
nesting habitat for a wide range of bird species including several Species of Greatest Conservation
Need in North Carolina, increasing the probability of increasing their nesting population size.
In order to increase the habitat value of the restored Green Island, it's design will conform with
the recommendations set forth by a technical note written at the request of the U.S. Army Engineer
Research and Development Center (ERDC), Environmental Laboratory (EL) entitled "Dredged
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Material as a Tool for Management of Tern and Skimmer Nesting Habitats". The report provides
guidance on how to create and manage dredged -material islands as early successional bird habitat.
As discussed in Section 2.2.3 above, the undiked island will be no larger than 25 acres. This size
is in alignment with Landin's (1986) recommendation that bird islands should be no less than 5
acres and no more than 50 acres, primarily for ease of maintenance, management, and
attractiveness to mammalian predators. Large dredge material islands, defined by Landin and
Soots (1977) as those over 20 acres, often have more diverse habitats and can be less desirable for
tern and skimmer nesting sites. Maintenance of early -successional habitats for nesting terns can
be more difficult at sites where maintenance dredging is infrequent or the amount of dredged
material available for an island is limited. Islands with well -developed grassland or shrub thicket
habitats may become attractive to predatory birds or mammals. Elevation is also an important
consideration. Islands that are low can be susceptible to overwash or partial flooding during late
spring or summer storms. Islands that are high in elevation may have slopes that are too steep for
nesting terns and the higher elevation substrate may remain unsettled for a long period of time.
Landin (1986) recommended 3-10 feet above MLLW as ideal elevation for dredged material
islands, with higher elevations suitable if the dredged material is coarse sand. The proposed island
will be no higher than +15 feet above MHW relative to MLLW datum. In 2001, the mean elevation
of undiked dredged material islands used by terns in North Carolina was 12.83 feet (SD = 2.97, n
= 16 (Golder et. al, 2008). In addition, the slope of the island will be deigned to be no less than
1V:15H. If the slope exceeds 1V:15H, the contractor will be required to smooth the slope to the
appropriate angle. This conforms with Golder et al.'s (2008) recommendation that no slope should
be greater than 1V:3H.
The substrate used to construct the island is comprised of sandy material obtained from either the
Walter Slough and The Crack Dredge Corridor or The Shortcut Dredge Corridor. Golder et al,
(2008) recommends that bird islands should be comprised of at least 90% sand, sand/shell, or
sand/gravel which is most suitable for terns. Terns tend to avoid nesting on fine-grained substrate
with a high percentage of silt or clay. Even fine-grained sand will blow and shift very fast when
not mixed with shell, coarse sand, or held in place by vegetation. The fractions of silt and much
of the fine, powdery sand will blow away after several months leaving coarser material behind
which is considered to be for good nesting substrate. Too much fine-grained material may take
many months to stabilize and is subject to the erosive forces of wind and wave action. When the
islands are constructed with >90% sand, they will make for better drainage and camouflage for
eggs and young. The stability of a site with fine-grained material can be increased by the deposition
of coarse dredged material over the fine substrate (Landin 1986).
Once Green Island is restored, habitat management will most likely be required after year 5 post -
construction to maintain the island in an early seral stage, which is required for most species of
terns. In general, Least Terns will nest on newly created or maintained dredge material islands for
up to 4 years; Common Terns, up to 6 years; and Gull -billed Terns, up to 4— 7 years. Royal Terns
will often nest in grassy areas and may continue to nest on a dredged material island for up to a
decade or more. The most effective and longest lasting means of maintaining early successional
habitat is by periodic renourishment with a fresh deposit of dredged material (Golder et al., 2008).
Therefore, it is anticipated that Green Island will receive additional dredge material from the two
dredge corridors periodically in the future following its initial construction. Following it's initial
construction, in order to avoid disturbances during nesting season, future maintenance activity on
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the restored Green Island will be limited to outside of the bird nesting season (1 April through 31
August) any given year.
With these design and management considerations in mind, the impacts associated with
Alternative 2 on colonial shorebirds will be beneficial.
5.7. Cultural Resources
5.7.1. Impacts Associated with the No Action Alternative
Without permits or authorization allowing for the performance of maintenance dredging within
Walter Slough, The Crack, or The Shortcut under Alternative 1, no impacts to cultural resources
are anticipated.
5.7.2. Impacts Associated with the Applicant's Preferred Alternative
As described in Section 4.7, 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 Alternative 2. 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), 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.
While not expected due to the lack of known shipwrecks in proximity to the disposal areas, 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, within the footprint of the restored Green Island, or within the
nearshore disposal site off Pea Island. Dredging from within the two dredge corridors is not
expected to impact any cultural resources due to the fact that these areas have been cleared by
previously cultural resource surveys. Therefore, based on the nature and locations of the dredge
and disposal activities under Alternative 2, no impacts to cultural resources are anticipated.
5.8. Socioeconomic Resources
5.8.1. Impacts Associated with the No Action Alternative
Without maintenance dredging within Walter Slough, The Crack, and The Shortcut, mariners
transiting between Pamlico Sound, the OIFC, and Atlantic Ocean will continue to experience
issues with safe and efficient navigation. 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,
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boat building and support services, recreational fishing, and tournament fishing) could be
negatively impacted.
5.8.2. Impacts Associated with the Applicant's Preferred Alternative
As stated above in Section 5.8.1, under current conditions, five main business sectors could be
negatively impacted if reliable access between Pamlico Sound, OIFC, and the Atlantic Ocean are
not adequately maintained for safe navigation. The Applicant's Preferred Alternative will
maintain the channels within the two dredge corridors to help ensure that these channels remain
open to mariners participating in commercial fishing, fishing tournaments, and other opportunities
which impact the socioeconomics within the area. In addition, the restoration of Green Island will
serve to increase the capacity for the storage of dredge material within the central portion of the
County and therefore will increase the ability for the prolonged maintenance of the channels within
the project area resulting in an increase in their usage and ability to facilitate economic benefits.
5.9. Recreational Resources
5.9.1. Impacts Associated with the No Action Alternative
It is anticipated that most activities such as, swimming, fishing, crabbing, and bird watching will
have the ability to continue under the No Action Alternative. However, in areas where channels
shoal in due to lack of maintenance dredging, boats may not be transit successfully to some
recreational areas.
5.9.2. Impacts Associated with the Applicant's Preferred Alternative
Under Alternative 2, channels within the dredge corridor will be maintained for safe navigation
and through the restoration of Green Island and use of the other dredge disposal locations, the
capacity to manage dredged material will be increased such that all channels within the project
area can be adequately maintained. Therefore, recreational opportunities such as swimming,
fishing, crabbing, and bird watching will continue unabated once the channels are maintained
under Alternative 2.
5.10 Safety
5.10.1 Impacts Associated with the No Action Alternative
Without maintenance dredging within Walter Slough, The Crack, or The Shortcut, navigation will
become increasingly dangerous as shoaling continues within these dynamic waterways. It is
expected that vessels will ground at an increasing rate until some areas become completely
impassible. Injuries to mariners are often associated with vessel groundings. Furthermore, when
vessels ground in proximity to areas experiencing large waves or swift currents, rescue missions
by tow boat services or the USCG can become dangerous. Should portions of Walter Slough, The
Crack, or The Shortcut become impassible by the USCG vessels, their response times to the
Atlantic Ocean or Pamlico Sound may be impacted resulting in increased jeopardy for mariners in
need of assistance.
5.10.2 Impacts Associated with the Applicant's Preferred Alternative
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Under Alternative 2, maintenance dredging within the two dredge corridors will help ensure safe
navigation through Walter Slough, The Crack, and The Shortcut. This will not only help
recreational and commercial mariners transit through these waterways, but also help facilitate rapid
response times by the USCG who require access to Pamlico Sound and the Atlantic Ocean.
Table 9. Summary of impacts associated with each alternative.
Resource
Alternative 1: No Action
Alternative 2: Applicant's Preferred
Water Quality
Aside from the potential for
increased turbidity associated with
storms, no impacts to water quality
are anticipated.
Overall, the impacts on water quality including
turbidity, will be minimal as a result of the dredging and
disposal activities performed by the Miss Katie,
USACE dredge plant, and a cutterhead pipeline dredge.
Air Quality
No impacts to air quality are
anticipated.
A temporary reduction in air quality may occur as a
result of emissions created by the engines and generators
associated with dredges and support vessels. However,
the direct and indirect emissions from the project fall
below the prescribed de minimis levels; therefore, the
activities associated with Alternative 2 would not have
any adverse effect on the air quality within the project
area.
Noise
Ambient noise associated with the
operation of recreational and
commercial vessels will occur under
Alternative 1. However, without
permits or authorization allowing for
the performance of maintenance
dredging within Walter Slough, The
Crack, or The Shortcut under
Alternative 1, no additional impacts
to noise are anticipated.
Along with ambient noise incurred as a result of the
operation of recreational and commercial vessels, noise
levels may be elevated during active dredge and disposal
operations. These noise levels will return to pre -
construction levels upon project completion. During
construction, mobile fauna may avoid the area and
therefore noise impacts are anticipated to be minimal
Essential Fish
Habitat
Without permits or authorization
allowing for the performance of
maintenance dredging within Walter
Slough, The Crack, or The Shortcut
or the placement of fill within the
deep scour holes west of the
Basnight Bridge or within the
footprint of the restored Green
Island, no negative impacts to EFH
are anticipated. No SAV or shellfish
resources are located within the
footprint of the nearshore disposal
area off Pea Island where the
USACE and the Miss Katie are
authorized to dispose of material.
Should areas within Walter Slough,
The Crack, or The Shortcut continue
to shoal in and remain undisturbed,
Intertidal flats will inherently be avoided by dredging
within the "best deep water" and therefore, no negative
impacts associated with the Alternative 2 is anticipated.
Following the restoration of Green Island, additional
intertidal flat habitat may be created as the island erodes
with material migrating into nearby shallow areas
resulting in a beneficial impact on the resource.
A 100' no -dredge and no -disposal buffer will be
established around SAV and shellfish resources when
the Miss Katie or USACE special purpose dredged are
used. A 300 ft no -dredge buffer will be imposed around
these resources when sidecast dredging will occur
Therefore, turbidity and sedimentation are not
anticipated to impact this resource as a result of open
water disposal.
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 2.
Only a very small percentage of marine and estuarine
Managed EFH Species larvae are subject to
entrainment; therefore, dredging conducted as part of
SAV and shellfish beds may become
established resulting in positive
impacts for this EFH.
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Alternative 1 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. Adult species are mobile
and have the ability to avoid entrainment by a dredge.
West Indian
Manatee
No impacts to the West Indian
Manatee are anticipated.
Due to its rare occurrence in the area, the nature of the
proposed construction activities, and compliance with
the USFWS Manatee Guidelines, the No Action
Alternative is not likely to adversely impact the
manatee.
Sea Turtles
No impacts to sea turtles are
anticipated.
Because there are no hardbottom areas that would serve
as sea turtle foraging habitat in proximity to the areas
historically dredged under Alternative 2, 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.
The dredge pumps on the USACE special purpose
dredges and the Miss Katie 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 including sea
turtles. These specifications, along with their slow
speeds, will further reduce the risk of sea turtle
entrainment.
Based on the lack of documented interactions between
sea turtles and cutterhead dredges and that the dredge
suction is not turned on until the dredge head is in
contact with the substrate, effects to sea turtles from the
cutterhead dredge are extremely imlikely, and therefore
discountable
The restoration of Green Island may provide positive
impacts to sea turtles as it will result in additional
nesting habitat.
Shortnose
Sturgeon
No impacts to shortnose sturgeon are
anticipated.
.
Shortnose sturgeon seldom utilize the habitat within the
project area seldom. The size and mobility of these
individual should allow them to avoid approaching
slow -moving dredges and entrainment in the small
dragheads.
Atlantic
Sturgeon
No impacts to Atlantic sturgeon are
anticipated.
Atlantic sturgeon seldom utilize the habitat within the
project area seldom. The size and mobility of these
individual should allow them to avoid approaching
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slow -moving dredges and entrainment in the small
dragheads.
Giant Manta
Ray
No impacts to giant manta rays are
anticipated.
Because manta rays are highly mobile and quite rare in
the waters within the project area, it is very imlikely that
they would collide with a dredge. Therefore, no impacts
to the giant manta ray are anticipated.
Piping Plover
No impacts to piping plover are
anticipated.
Although piping plover Critical Wintering Habitat is
found within proximity to the project area, no actions
associated with Alternative 2 are anticipated to
negatively impact piping plovers. The restoration of
Green Island will, however, provide habitat for piping
plovers during the winter season.
Red Knot
No impacts to red knot or its
proposed critical habitat (Subunit
NC-1A- Hatteras Island and Shoals)
are anticipated.
Although red knot Critical Habitat is found within
proximity to the project area, no actions associated with
Alternative 2 are anticipated to negatively impact red
knots. The restoration of Green Island will, however,
provide habitat for red knots during the winter season.
Colonial
Shorebirds
The activities associated with the No
Action Alternative, including
dredging operations and the disposal
of dredged material, is not
anticipated to impact nesting activity
with colonial shorebirds because the
location of these activities do not
overlap with the shorebird's habitat.
The restoration of Green Island will positively impact
colonial shorebirds as it will provide increased habitat
for these resources. No other dredging -related activities
associated with Alternative 2 is anticipated to impact
colonial shorebirds.
Cultural
Resources
No impacts to cultural resources are
anticipated.
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, within the
footprint of the restored Green Island, or within the
nearshore disposal site off Pea Island because burying
shipwrecks is an acceptable method of preservation.
Furthermore, dredging from within the two dredge
corridors is not expected to impact any cultural
resources due to the fact that previous efforts to identify
cultural resources within these areas have determined
that none are present. Therefore, based on the nature and
locations of the dredge and disposal activities under the
Alternative 2, no impacts to cultural resources are
anticipated.
Socioeconomic
Resources
Without maintenance dredging
within Walter Slough, The Crack,
and The Shortcut, mariners
transiting between Pamlico Sound,
the OIFC, and Atlantic Ocean will
continue to experience issues with
safe and efficient navigation.
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
The Applicant's Preferred Alternative will maintain the
channels within the two dredge corridors to help ensure
that these channels remain open to mariners
participating in commercial fishing, fishing
tournaments, and other opportunities which impact the
socioeconomics within the area. In addition, the
restoration of Green Island will serve to increase the
capacity for the storage of dredge material within the
central portion of the County and therefore will increase
the ability for the prolonged maintenance of the
channels within the project area resulting in an increase
in their usage and ability to facilitate economic benefits.
and support services, recreational
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fishing, and tournament fishing)
could be negatively impacted.
Recreational
It is anticipated that most activities
Under Alternative 2, channels within the dredge corridor
Resources
such as, swimming, fishing,
crabbing, and bird watching will
will be maintained for safe navigation and through the
restoration of Green Island and use of the other dredge
have the ability to continue under the
disposal locations, the capacity to manage dredged
No Action Alternative. However, in
material will be increased such that all channels within
areas where channels shoal in due to
the project area can be adequately maintained
lack of maintenance dredging, boats
may not be transit successfully to
Therefore, recreational opportunities such as swimming,
fishing, crabbing, and bird watching will continue
some recreational areas.
unabated once the channels are maintained under
Alternative 2.
Safety
Without maintenance dredging
Under Alternative 2, maintenance dredging within the
within Walter Slough, The Crack, or
two dredge corridors will help ensure safe navigation
The Shortcut, navigation will
through Walter Slough, The Crack, and The Shortcut.
become increasingly dangerous as
This will not only help recreational and commercial
shoaling continues within these
mariners transit through these waterways, but also help
dynamic waterways. It is expected
facilitate rapid response times by the USCG who require
that vessels will ground at an
increasing rate until some areas
become completely impassible.
access to Pamlico Sound and the Atlantic Ocean.
Injuries to mariners are often
associated with vessel groundings.
Furthermore, when vessels ground
in proximity to areas experiencing
large waves or swift currents, rescue
missions by tow boat services or the
USCG can become dangerous.
Should portions of Walter Slough,
The Crack, or The Shortcut become
impassible by the USCG vessels,
their response times to the Atlantic
Ocean or Pamlico Sound may be
impacted resulting in increased
jeopardy for mariners in need of
assistance.
6.0 CONSERVATION AND MONITORING MEASURES
The following describes actions and measures incorporated into the design and implementation of
the Applicant's Preferred Alternative to avoid and minimize impacts to the resources found within
the Project Area and the species that utilize it.
6.1. Construction Practices
The dredging activity will be limited to the Walter Slough and The Crack Dredge Corridor and
The Shortcut Dredge Corridor within the project area. According to the most recent biological
surveys within the area, very little SAV beds or oyster reefs are present within these corridors.
Any plans for maintenance dredging with the Miss Katie, USACE special purpose dredges, or
cutterhead pipeline dredge within these two corridors will avoid direct impacts to these EFH
resources through the use of a 100 ft no -dredge buffer around any known SAV or shellfish. A 300
ft buffer will be employed when the sidecasting is used. Similarly, in order to reduce potential
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affects to these resources associated with the open water disposal activity, a 100 ft. no -disposal
buffer will be imposed around any SAV or shellfish beds.
The restoration of Green Island will follow guidance set forth by Golder et al. (2008), as
summarized below, which was developed to increase the habitat value for birds that will utilize it
for roosting and nesting. While the restoration of Green Island may occur during any time of the
year, maintenance of the island (including placement of additional dredged material following its
initial construction) will be limited to outside of the bird nesting season (1 April through 31
August) any given year. Maintenance events via placement of additional dredged material will
occur periodically in order to curtail the rate of grown of vegetation which diminishes the habitat
requirements of many of the colonial shorebirds targeted for use. In addition, the island will be no
more than 25 acres in size with an elevation no greater than +15' MHW relative to the MLLW
datum and will contain slopes no greater than 1V:15H. The material used to construct the island
will be composed of primarily sand with very little fines. These attributes will also help bolster
the habitat value.
6.2. Dredge Design Specifications
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
• 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 A).
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Wenger AS, Harvey E, Wilson S, et al. 2017..A critical analysis of the direct effects of dredging
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108

Appendix A: Guidelines for Avoiding Impacts to the West Indian Manatee
COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC.

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is
a Federally -listed endangered aquatic mammal protected under the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act
of 1972, as amended (16 U.S.0 1461 et seq.). The manatee is also listed as endangered
under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of
the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal
agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some
individuals have been recorded at lengths greater than 13 feet and weighing as much as
3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats,
including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity
extremes. Manatees spend much of their time underwater or partly submerged, making
them difficult to detect even in shallow water. While the manatee's principal stronghold in
the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared
precautionary measures for general construction activities in waters used by the species.
Implementation of these measure will allow in -water projects which do not require blasting
to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines
as conservation measures in a Biological Assessment or Biological Evaluation, or as part
of the determination of impacts on the manatee in an environmental document prepared
pursuant to the National Environmental Policy Act, will expedite the Service's review of the
document for the fulfillment of requirements under Section 7 of the Endangered Species
Act. These measures include:
1. The project manager and/or contractor will inform all personnel associated with the
project that manatees may be present in the project area, and the need to avoid any harm
to these endangered mammals. The project manager will ensure that all construction
personnel know the general appearance of the species and their habit of moving about
completely or partially submerged in shallow water. All construction personnel will be
informed that they are responsible for observing water -related activities for the presence
of manatees.
2. The project manager and/or the contractor will advise all construction personnel that

there are civil and criminal penalties for harming, harassing, or killing manatees which are
protected under the Marine Mammal Protection Act and the Endangered Species Act.
3. If a manatee is seen within 100 yards of the active construction and/or dredging
operation or vessel movement, all appropriate precautions will be implemented to ensure
protection of the manatee. These precautions will include the immediate shutdown of
moving equipment if a manatee comes within 50 feet of the operational area of the
equipment. Activities will not resume until the manatee has departed the project area on
its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report
must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the
National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife
Resources Commission (ph. 252.448.1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible
to the vessel operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmer
months, primarily from June through October. Idle speed is required if operating
this vessel in shallow water during these months. All equipment must be shut down
if a manatee comes within 50 feet of the vessel or operating equipment. A collision
with and/or injury to the manatee must be reported immediately to the U.S. Fish and
Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service
(252.728.8762), and the North Carolina Wildlife Resources Commission
(252.448.1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to
manatees during project activities. Upon completion of the action, the project manager will
prepare a report which summarizes all information on manatees encountered and submit
the report to the Service's Raleigh Field Office.
7. All vessels associated with the construction project will operate at "no wake/idle" speeds
at all times while in water where the draft of the vessel provides less than a four foot
clearance from the bottom. All vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of
material in which manatees cannot become entangled; (b) secured in a manner that they
cannot break free and entangle manatees; and, (c) regularly monitored to ensure that
manatees have not become entangled. Barriers will be placed in a manner to allow
manatees entry to or exit from essential habitat.
Prepared by (rev. 06/2003):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520

Figure 1. The whole body of the West Indian manatee may be visible in clear water; but
in the dark and muddy waters of coastal North Carolina, one normally sees only a small
part of the head when the manatee raises its nose to breathe.
lb
Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I.
A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-
3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.

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dStreet and Apt. No., or Pb B x No.
301 w GO- f;s PuhcA Pr. i& 1 1
City, State, ZIPt4e
loft i%wr i f-fi l[ G 7'MS
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m
11J
ru
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2720 0003
Postmark
Here
PS Form 3800, Aprii 2015 PAN 7530-02-000-9047 See Reverse for Instructions
U.S. Postal Service'
CERTIFIED MAIL® RECEIPT.
Domestic Mail Only
For delivery information, visit our website at www.usps.com 5.
Certified Mail Fee
Extra Services & Fees (check box, add tea as appropriate)
❑Return Receipt (hardcopy) $
❑ Retum Receipt (electronic) $
❑ Certified Mall Restricted Delivery $
Ef Adult Signature Required $
[] Adult Signature Restrcted Delivery $
Postage
Total Paatage and Fees
[! )7J 'S�, yjrj' d
"j2G:tl�ej �."YV �f
Postmark
Hare
IlL
r1 Sent To
nJ � Hwf�r�ras Na.l�riftµf
Street and Apt. No., or Pb Box No.
N J v � N.,4- u'o l Rek Pr,
City, State, Z1P+44
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PS Form 3800, April 2015 P$N 7530-02-000-9047 . See Reverse for Instructions
U.S. Postal ServiceTM
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.come.
Certified Mail Fee
$
Extra Services & Fees (check box, add fee as appropriate)
a Return Receipt (hardcapy) $
❑ Return Receipt (electronic) $
❑ Certified Mail Restricted Delivery $
Q Adult Signature Required $
❑ Adult Signature Restricted Delivery $
Postage
$
Total Postage and Fees
Sent To c 4.` 0r A`
Street and Apt. No., or PO $ox NO.
(3 Li M a:_i 3c'vr`cee. r
cny State, ZlA+4W
2 7 €'
PS Form 3800, April 2015 PSN 7530.02-e)0-9047 See Reverse for Instructions
REC_ENED
Here
SEP 2 3 2022
GM OWING -CON, NC
*Spoke to Wanda Hilliard with SPO about their
receipt of notification.

7021 0950 0000
U.S. Postal Service"'
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery information, visit Our website at www.usps.com®.
Certified Mail Fee
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcapy) $
❑ Return Receipt (electronic) $
❑Certified Mail Restricted Delivery $
❑Adult Signature Required $
❑ Adult Signature Restricted Delivery $
Postage
Total Postage and Fees
Postmark
Here
SentTo,�� it-' ui I ovtl(u
.. Ktti
Street and Ap.No., or PO Box No.
39Z0 lrrwtsto ut ✓:
City, State, Z1P+4 '‘-i 1 ' /G Z1 3 g
PS Form 3800, April 2015 PSN 7530.02-000.9047 See Reverse for Instructions
N
m
lT'
r1
0950 0000
139? 4044
U.S. Postal Service'
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com®.
Certified Mail Fee
Extra Services & Fees (check box, add lee as appropriate)
❑ Return Receipt (hardccpy) $
❑ Return Receipt (electronic) $
❑ Certified Mail Restricted Delivery $
[]Adult Signature Required $
❑ Adult Signature Restricted Delivery $
Postage
$
Total Postage and Fees
Postmar
Herei
Sent To
c+.S i'vn /ActinICA otiv«il
'Street andApt: Io.; or Pei
fox i
LO 3 Gr-wvwcn 11,'ve-c- GA-.
City, State, ZIP+4e
an
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PS Farm 3800, April 2015. PSN 7530-02.000-9047 See Reverse for Instructions
U. :'Postal Service"'
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.uspS.coms.
Certified Mall Fee
Extra Services & Fees (check box, add fee as appropriate)
o Return Receipt (hardcapy)
❑ Return Receipt (electronic) $
❑ Certified Mall Restricted Delivery $
❑ Adult Signature Required $
❑Adult Signature Restricted Delivery $
Postage
Total Postage and Fees
j rr''11
Sent
n°wit lk •
tJ y/
"Street anon pt?rfo., orrsefi�aX Flo.
N Po 601, CVO
City, state, Z)P+ o G Z7e S
.
PS Form 3800, April 2015 PSN 7530-02-000-0047 See Reverse for Instructions
RECEIVED
SF_P 2 3 ZQ'?_2
DCM WILM[NOTON, NC

SENDER: COMPLETE THIS SECTION
COMPLETE THIS SECTION ON DELIVERY
▪ Complete items 1, 2, and 3.
s Print your name and address an the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
wln&te5cr .,lay J.
PO eox i 9iq
/U1.460 Nc Z7154
1119I5I9I041216I71
211
22 I533111
A. Signature
X
i� Agent
❑ Addressee
D. Is delivery address different from item 1? ❑ Yes
If YES, enter de)ivery address below: ❑ No
ervice label)
7021 0950 0000 1397 4112
3. Servi Type
❑ Adu ignature
E t Signature Restricted 0efivery
edified Mail®
Certified Mail Restricted Delivery
❑ Collect on Delivery
❑ Collect on Delivery Restricted Delivery
o In red Mail
reed Mali Restricted Delivery
it $500)
PS Form 3811, July 2020 PSN 7530-02-000-9053
❑ Priority Mall Express®
0 Registered Mar'
0 Registered Mail Restricted
Delivery
❑ Signature Confirmations"
0 Signature Confirmation
Restricted Delivery
Domestic Return Receipt
SENDER: COMPLETE THIS SECTION
COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
M Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Ca.(7a He tr�5 14/.1.1, u1 S Slwre.-
6/0 5 w b -'i- N ey
l 40 I Ili, i "'-" f gtrk Or.
f�Signatu_`,�
Agent
X ❑ Addresser, •
ivE,y
Mr."+to , A/c 274 514
llll11111111111111111I1l1111111111111111111III
9590 9402 7627 2122 7056 18
--9 Article Number (Transfer from service label)
7021 272E 0003 3112 2368
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
7-2
3. Service Type
❑ Adult Signature
❑ A9 uit Signature Restricted Delivery
ertified Mall®
❑ Certified Mail Restricted Delivery
0 Collect on Delivery
D Collect on Delivery Restricted Delivery
insured Mail
ed Mail Restricted Delivery
$500)
PS Form 3811, July 2020 PSN 7530-02-000-9053
D Priority Mail Express®
❑ Registered MaiITM
❑ Registered Mail Restricted
Delivery
0 Signature ConfrmationxM
❑ Signature Confirmation
Restricted Delivery
Domestic Return Receipt

SENDER: COMPLETE. THIS SECTION
• Complete items 1, 2, and 3.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Gu S yrr l L rr/�t^ n
3�% 1 W. r foLt Pattd` ' O r'. &'L 1-
k;ii 14:II5, )lL 27yrtg
1
COMPLETE THIS SECTION ON DELIVERY
A. Sigrjature
X '.!}
Agent
❑ Addressee
C. Date_of Delivery
Q
D. Is delivery address different from item 1? • Yes
If YES, enter delivery address below: ❑ No
3. Service Type
Adult Signature
I�I II I I II �■■■■ CI❑Signature Mal® Restricted Delivery
PlCenifie
Q Certified Mail Restricted Delivery
❑ Collect on Delivery
2: Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery
...— 17 ,na irarl Mail
7021 0952 0000 1397 4006 Mil Restricted Delivery
I11
I1
9590 9402 6666 1060 8261 80
PS Form 3811, July 2020 PSN 7530-02-000-9053
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
1%$ Cotes G�a.y SFHfron D, 9,n 1- cef
1-iwy
Nr� S J CC iVG Z 7 K 5-1
11111111 II III IIY II III I IRII!W I i II I
2. Article Number (Transfer from service label)
7021 2720 0003 3112 2320
PS Form 3811, July 2020 PSN 7530-02-000-9053
© Priority Mail Express®
❑ Registered Mail"
❑ Registered Mail Restricted
Delivery
❑ Signature Confirmation'iM
❑ Signature Confirmation
Restricted Delivery
Domestic Return Receipt
COMPLETE THIS SECTION ON DELIVERY
A. Signature
X
B. `Received by (Printed Name)
IX Agent
© Addressee
C. Date of Delive
_2 -Zz
D. is delivery address different from item 1? 0 Yes
If YES, enter delivery address below: !a -No
3. Service Type
❑ Adult Signature
0 Alylt Signature Restricted Delivery
iPt'ertified Mail®
0 Certified Mali Restricted Delivery
D Coiled on Delivery
Q Collect on Delivery Restricted Delivery
— --d Mall
d Mail Restricted Delivery
i500)
❑ Priority Mail Express®
❑ Registered Malin"
❑ Registered Mail Restricted
Delivery
❑ Signature ContirmatlonTM
❑ Signature Confirmation
Restricted Delivery
Domestic Return Receipt i

SENDER: COMPLETE THIS SECTION
• Complete items 1, 2, and 3.
a Print your name and address on the reverse
so that we can return the card to you.
a Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
B1c,,: `Pe 4 C70 l�,� 6yir
WV I'r-ur�rNS Cf.
A/ , NC 2715-1
I11111
1111
11
11
111
111111
9590 9402 6666 1060 8262 03
COMPLETE THIS SECTION ON DELIVERY
j2f<r-it
Cl Addressee
d Name) 1 C. Date of Delivery
c% j .� 1--.2.4-22
. Is delivery a dress di€f&ent from item 1? 0 Yes
If YES, enter delivery address below: ❑ No
FI' ha_rllrane eriro SelYiCelab0
7021 0950 0000 1397 4020
3. Service Type
71 Ad ignature
❑ ult Signature Restricted Delivery
Certified Mail©
0 Certified Mail Restricted Delivery
❑ Collect on Delivery
0 Collect on Delivery Restricted Delivery
fired Mail
ared Mail Restricted Delivery
:r $500}
0 Priority Mail Express®
r7 Registered MailT"r'
© Registered Mail Restricted
Delivery
0 Signature Confirinetlorirm
0 Signature Confirmation
Restrieted.Delivery
PS Form 3811, July 2020 PSN 7530-02-000-9053
[Domestic Return Receipt
SENDER: COMPLETE THIS SECTION
• Complete items 1, 2, and 3.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Tl nn5o4,, /61 1'G e Pau
COMPLETE THIS SECTION ON DELIVERY
Receiver b .' - Name)
C.
D Agent
..Addressee
ate of
r
,s
elivery
Po Bo)c'1
Nc- 27nr
D. Is delivery address different from item 1? ❑ es
if YES, enter delivery address below: ❑ No
3. Service Type 0
Priority Mail Express®
111 111111111I1 1 II 11 1 I II 1I Adult Signature
mouSi Restricted Delivery �peetd Mail
Restricted
❑ Certified Mall Restricted Delivery 0 Signature Confirmation"
1 Collect on Delivery 0 Signature Confirmation
2. Article Numhpr (Tran8f,9r from aervloe label) 0 Collect on Delivery Restricted Delivery Restricted Delivery
' _ —Sail
7021 0950 0000 1397 3993 tall
9590 9402 6666 1060 8180 62
PS Form 3811, July 2020 PSN 7530-02-000-9053
Domestic Return Receipt
e

SENDER; COMPLETE THIS SECTION
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
C feV55 Tit;1 Ov t t6; u-5 of N%, I nG,
pc, I3&x -7 c2
Pf yWrot, fE., N ' Z-74f 62_
1111
1
1
111
1111
11
III
111
11
1111
9590 9402 6666 1060 8261 97
2. Article Number (Transfer from service label)
COMPLETE THIS SECTION ON DELIVERY .
ss di
ter :ellt+<ryaddl
3. Service Typ- r _.
o Adult Signature
0tdult Signature Restricted Delivery
'Certified Mall®
❑ Certified Mali Restricted Delivery
© Collect on Delivery
D Collect on Delivery Restricted Delivery
7021 0950 0000 1397 4 013 Nail Restricted Delivery
PS Form 3811, July 2020 PSN 7530-02-000-9053
O Priority Mail Express®
0 Registered MailTM
O Registered Mat Restricted
Delivery
❑ Signature Confirmation"
❑ Signature Confirmation
Restricted Delivery
Domestic Return Receipt
SENDER:. COMPLETE THIS SECTION
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
CQft�l'LETE. THIS SECTION ON DELIVERY
A. Signature
B. Received by (Printed Name)
ff JI
❑ Agent
❑ Addressee
C. Date of Delivery
1. Article Addressed to:
islr.d Nk4-eu 1 Lv.idlae Ref e
PCB go x lub�
M ko, NC 27a5-9
111111111111
1111111111111
Bill 111111111111
9590 9402 7627 2122 7055 95
D. Is delivery address different from item 1? © es
If YES, enter delivery address below: © No
2. Article Number (Transfer from service label)
70211 2720 0003 3112 235
PS Form 3811, July 2020 PSN 7530-02-000-9053
3. Service Type
0 Adul ignature
❑ t Signature Restricted Delivery
ertified Mail®
❑ Certified Mail Restricted Delivery
0 Collect on Delivery
D Collect on Delivery Restricted Delivery
J c„rcriplaii
1 laic Restricted Delivery
as
0 Priority Mat Express®
0 Registered MaiITM
El Registered Mall Restricted
Delivery
17 Signature Confirmation"M
i7 Signature Confirmation
Restricted Delivery
Domestic Return Receipt

SENDER: COMPLETE THIS SECTION
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
F4.4.51-or>, , As- r c f C ur2& '<tAI*-Iy
103 Crre l -
(vt.•v, dtn NG 2,711t
COMPLETE THIS SECTION ON DELIVERY
A. Sign
B. R.ic`eived by jpdated N
C.
❑ Agent
❑ Addressee
ate of Delivery
D. Is delivery address different from item 1? 0 Yes
If YES, enter delivery address below; ❑ No
3. Service Type
o Adult Signature
it Signature Restricted Delivery
ertified Mail®
Certified Mali Restricted Delivery
❑ CoNecf on Deiivery
2. Article Number (Transfer from service label) 0 Collect on n Delivery Restricted Delivery
Mail
7021 0950 0000 13 9 7 4044
Mall Restricted Delivery
imu
1111
11111
111
111
1'
1111
9590 9402 6666 1060 8262 41
0
❑ Priority Mail Express®
C7 Registered MaiITM
© Registered Mail Restricted •
Delivery
© Signature ContirmationTM
▪ Signature Confirmation
Restricted Delivery
PS Form 3811, July 2020 PSN 7530-02-000-9053
Domestic Return Receipt '
SENDER: COMPLETE THIS SECTION
■ Complete items 1, 2, and 3.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
HobSt2h f s(ut F.sk,k� G(r,b, LL.0
i f 7 PvaUl 5 Pwn L,
COMPLETE THIS. SECTION ON DELIVERY
A. Signature
L7 Agent
❑ Addressee
it f Ililll IIlI Ili I I I l l li 1 ii I I Il I I 11l ilil li l l Ili
9590 9402 7627 2122 7055 57
C. Date of Delivveq(
.6e. ■ • �'�.' `ata- C7�
D. Is delivery ..dress different from item 1? 0 Yes
If YES, enter delivery address below: ❑ No
B. Received by 'r tinted Name)
2. Article Number LTransfe laherL
7021t 2720 0003 3112 2313
PS Form 3811 , July 2020 PSN 7530-02-000-9053
3. Service Type
o Adult ignatura
0 A Signature Restricted Delivery
ertified Malt®
❑ Certified Mail Restricted Delivery
❑ Collect on Delivery
Collect on Delivery Restricted Delivery
1red Mail
red Mail Restricted Delivery
,over $5E0)
0 Priority Mail Express®
0 Registered MailTM
IJ Registered Mail Restricted
Delivery
0 Signature ContirmationTM
❑ Signature Confirmation
Restricted Delivery
Domestic Return Receipt

SENDER: COMPLETE THIS SECTION
■ Complete items t, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
COMPLETE THIS SECTION ON DELIVERY
A. Signet
1. Article Addressed to:
Sw�rf%I Rohr 4-.,c4 511-yetw14rz
f7o eox l Z 3 a?
Pt,? Hells, NG 2.7 c ti 8
111111
I III
1111
I1II
11
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11111
9590 9402 6666 1060 8262 27
X ID Agent
❑ Addressee
S. Received by (Printed Name C. Date of Delivery
D. Is delivery address different from item 1? D Yes
If YES, enter delivery address below: ❑ No
2: Article Number (Transfer from service label)
3. Service Type
o Adult Signature
O t signature Restricted Delivery
ertified Mail®
Certified Mail Restricted Delivery
0 Collect on Delivery
O Collect on Delivery Restricted Delivery
7021 0950 0000 1397 4068
Restricted Delivery
0 Priority Mail Express®
❑ Registered Mail.
Q Registered Mail Restricted
Delivery
0 Signature Confirmation-^'
❑ Signature Confirmation
Restricted Delivery
PS Form 3811, July 2020 PSN 7530-02-000-9053
Domestic Return Receipt
SENDER: COMPLETE THIS SECTION
■ Complete Items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
III Attach this card to the back of the maiipiece,
or on the front if space permits.
Article Addressed to:
old ivie41 club, LL,C
5 s5- wdoct ,,k
/pan k<. , PA- i $1
11111111111111111111111111111111
001
111
COMPLETE THIS SECTION ON DEI rvERY
A. Signature
X
B. Received by (Prin
fit.
$'Agent
© Addressee I
Date of Delivery
a
D. s delivery address . fferent from item 1? 0 Yes
If YES, enter delivery address below: p No
3. Service Type
0 Adult Signature
0 Adult Signature Restricted Delivery
O Cettified Mail®
ert Tied Mail Restricted Delivery
0 Coilect on Delivery
2 ArtirleJlumber rTransfer from service label) Q Collect on Delivery Restricted Delivery
7021 0950 0000 1397 4129 IRestricted Delivery
0 Priority Mail Express®
❑ Registered Marl'
❑ Registered Mail Restricted
Delivery
0 Signature Confirmation'*"
❑ Signature Confirmation
Restricted Delivery
PS Form 3811, July 2020 PSN 7530-02-000-9053
Domestic -Return Receipt

SENDER: COMPLETE THIS SECTION
IN Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the maiipiece,
or on the front if space permits.
1. Article Addressed to:
p W
r2D (ok SGv
t1wYfWr NG Z7�SK
111111
1
111
1111
11
m
1
11
1
1
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9590 9402 6666 1060 8181 85
COMPLETE THIS SECTION ON DELIVERY
A. Signature
X
B. Received b
'nted Name)
0 Agent
ID Addressee
C. Date of Delivery
D. fs delivery address different from item t? ❑ Yes
If YES, enter delivery address below: © No
3. Service Type
❑ Adult ' nature
❑ ignature Restricted Delivery
edified Mail®
Certified Mail Restricted Delivery
C Collect on Delivery
�' tdumhpr (Transfer from service label) 0 Collect on Delivery Restricted Delivery
0 Insured Mail
—"d Mail Restricted Delivery
71321 0950 0000 1397 4037
PS Form 3811, July 2020 PSN 7530-02-000-9053
SENDER: COMPLETE THIS SECTION
• Complete items 1, 2, and 3.
• Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the ma'tlpiece,
or on the front if space permits.
1. Article Addressed to:
3ctzo L,svd I'S o 17r.
NG 2-73S'1
i500)
❑ Priority Mail Express®
0 Registered MaWM
❑ Registered Mail Restricted
Delivery
❑ Signature ConfirmationT"'
❑ Signature Confirmation
Restricted Delivery
Domestic Return Receipt
COMPLETE THIS SECTION ON DELIVERY
A. Signature
X l
0 Agent
0 Addressee
C. Date of Delivery
1�11
11111111111111
1111
11
11
9590 9402 66661060 8262 34
III
D. is delivery address different from item 1? 'El
Yes
If YES, enter delivery address below: ❑ No
3. Servic Type
0 Adu gnature
q t Signature Restricted Delivery
ertfied Mail®
❑ Certified Mail Restricted Delivery
0 Collect on Delivery
I.r2. Article Number (Transfer from se I t on Delivery Restricted Delivery
d Mail
7021 0950 0000 1397 4051 ri � a Restricted Delivery
PS Form 3811, July 2020 PSN 7530-02-000-9053
❑ Priority Mail Express®
a Registered Mail,"
CI Registered Mail Restricted
Delivery
Cl Signature ConfirmationTM
0 Signature Confirmation
Restricted Delivery
Domestic Return Receipt

SENDER: COMPLETE THIS. SECTION
• Complete items 1, 2, and 3.
• Print your name and address on the reverse
so that we can return the card to you.
▪ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
�v tn/ ✓1 .� v 5 C� �t J r .
Pa 6c c 3I Gq
ki 11 12'tv,1 1 R1 N(, 276rtig
1 1111lI1 1111111 Ii1IIlH 11 �II1IIIIII1I1
9590 9402 7627 2122 7055 02
2. Article NumbeLLTransfer froth serv1csJ 7021
l--
7021r 0950 0000 1397 4099
PS Form 3811, July 2020 PSN 7530-02-000-9053
SENDER: COMPLETE THIS SECTION
COMPLETE THIS SECTION ON DELIVERY
A. Sig
X�'\
C. Date of D
D. Is delivery address different from item 1?
s
If YES, enter delivery address below: D No
3. Service Type
❑ Adult Signature
❑ Ad ignature Restricted Delivery
edif edified Mail®
Certified Mall Restricted Delivery
❑ Collect on Delivery
_❑ Collect on Delivery Restricted Delivery
ad Mail
;d Mail Restricted Delivery
--r $500)
a Complete items 1, 2, and 3.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Herrw-r-i SO ✓1)
�ee �tGl �vGwh
�U7 %v-es 1-wlee Sr[iC .
ki.) s).-Leal , Mc 7 713-61
I I11Iill Ilil 11i.11lll lil1llillll tI illllll I Ill
9590 9402 7627 2122 7055 26
Jr
0 Agent
0 Addressee i
livery
27 1
❑ Priority Mail Expresser
❑ Registered Mae,
❑ Registered Mail Restricted
Delivery
0 Signature Confirmation"'
© Signature Confirmation
Restricted Delivery
Domestic Return Receipt
COMPLETE THIS SECTION ON DELIVERY.
11111
A. Sig
X
B. Received by (Pr1J d Name)
D. Is delivery address diffe
If YES, enter delivery
f
Age
0 Addressee
C. Date of Delivery
6
—o Aril,-Ip Number (Transfer from service label)
3. Service Type
I: Adult Signature
0 Adult Signature Restricted Delivery
ertifed Mailtfr
L7 Certified Mail Restricted Delivery
❑ Collect on Delivery
❑ Collect on Delivery Restricted Delivery
0 Insured Mail
Mail Restricted Delivery
ic0)
7021 0950 0000 1397 4105
PS Form 3811, July 2020 PSN 7530-02-000-9053
R Priority Mail Express®
o Registered Mail,"
0 Registered Mali Restricted
Delivery
0 Signature Confirmation'"
Cl Signature Confirmation
Restricted Delivery
Domestic Return Receipt

SENDER: COMPLETE THIS SECTION
■ Complete items 1, 2, and 3.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
I. Article Addressed to:
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Received 10/26/22 -HC
Kenan Keller Property
6 Little Tim Island
Wanchese, NC 27981
Property Summary
Parcel #: 016632006
PIN #: 071600817789
Tax District: Wanchese
Subdivision: Little Tim Island
Lot BLK-Sec: Lot: 6 Blk: Sec:
Property Use: Vacant Land (Private)
Building Type:
Year Built:
Property Ownership
Tax Owners: Keller, Kanan Michael -Secondary Owner
Mailing Address: 673 President St
Brooklyn, NY 11215

Parcel #: 016632010 Owner: Silver, Brimage Spruill -Primary Owner
10 Little Tim Is Wanchese 27981
Parcel #: 016632011 Owner: Silver, Brimage Spruill -Primary Owner
11 Little Tim Is Wanchese 27981
10 Little Tim Is
Wanchese, NC 27981
Property Summary
Parcel #: 016632010
PIN #: 071600911604
Tax District: Wanchese
Subdivision: Little Tim Island
Lot BLK-Sec: Lot: 10 Blk: Sec:
Property Use: Vacant Land (Private)
Building Type:
Year Built:
Property Ownership
Tax Owners: Silver, Brimage Spruill -Primary Owner
Mailing Address: Po Box 297
Wanchese, NC 27981

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Dare County
PROJECT NAME: Central Dare Co Channel Maintenance and Dredged Material Management Project -
Non -Federal Channels Component
2. LOCATION OF PROJECT SITE: The project site is located west of Oregon Inlet in Pamlico South to
include Walter Slough, the Crack and the "Short Cut" channel, adjacent to the Atlantic Ocean, in Dare
County.
Approximate Lat/Long Coordinates - Lat: 35.791712°
35.761886°
35.775195°
3. INVESTIGATION TYPE: CAMA / D&F
Long: 75.556676° (Walter Slough/The Crack)
75.530274° (Green Island)
75.542486° (Short Cut Channel)
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - N/A
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received -10/3/22 (Complete 10/26/22)
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
(B) AEC(s) Involved: PTA, EW
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - N/A
Planned --- N/A
(G) Estimated Annual Rate of Erosion: N/A SBF: N/A
7. HABITAT DESCRIPTION:
LAREA]
DREDGED FILLED
OTHER
(A) Veg Wetlands (coastal)
N/A
N/A
(B) Other (Below MHW)
- 39.4 acres +/-
(approx. per event-
subject to deep water
channel location)
Up to 593 acres- scour hole corridor
Up to 287 acres- nearshore area
-26.84 acres (Green Island
restoration)
(C) Other (Above MHW)
N/A
N/A
Total Area Disturbed: up to -946 acres
Primary Nursery Area: No
Water Classification: SA
GRE
On*ri YA
o.panmorrt nraElrinnen.nprauarry�
Open: No
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215

Central Dare County Channel Maintenance Project- Non -Federal Channels
Page Two
8. PROJECT SUMMARY: The applicant is proposing to maintain the non-federal navigation dredge channels
known as Walter Slough, the Crack and a Short Cut Dredge Channel, located within Pamlico Sound and
adjacent to and north of Oregon Inlet.
PROJECT DESCRIPTION:
Oregon Inlet is located between Bodie Island to the north, which includes Cape Hatteras National
Seashore, and Pea Island National Wildlife Refuge to the south of the inlet. While the area to the south of
the inlet is primarily undeveloped at its northern end, a former U.S. Coast Guard Station is Iocated in this
area. The building is listed on the National Register of Historic Places. An active U.S. Coast Guard
Station and Oregon Inlet Fishing Center are located north of the inlet on the sound side of Bodie Island
and Oregon Inlet Campground is located on the south end of the island to the east of the Oregon Inlet
Fishing Center. The recently constructed Basnight Bridge spans the inlet connecting the two islands via
NC Highway 12. Oregon Inlet is a highly trafficked means of access between the Atlantic Ocean and
Pamlico Sound, both by commercial and recreational vessels. The inlet is currently maintained by the
U.S. Army Corps of Engineers (USACE) Wilmington District via special purpose hopper and sidecast
dredges, as authorized under the Corps' 2004 Finding of No Significant Impact (FONSI) and DCM
Federal Consistency Determination DCM 2004-0061. This authorization allows for year-round dredging
at Oregon Inlet. Since 2016, Dare County and the State of NC (through the Division of Water Resources)
have contributed supplemental funding to the USACE for maintenance dredging of the inlet channels.
Concerns regarding federal dredge plant availability also led to the allocation of $15 million from the
State's Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund to be provided to Dare
County as a local partner for the purchase of a privately -owned hopper dredge for maintenance of the
shallow draft navigation channels (via Session Law 2018-5). As a result, Dare County also obtained
permit approval to dredge the Ocean Bar Inlet Channel and Hells Gate Channel to Old House Channel
(CAMA/Dredge & Fill Permit No. 49-19, DWR Project No. 2019-0264 & USACE AID No. SAW-2019-
00175). Authorized channels lengths and locations vary due to the federal channel authorization following
deep water rather than a fixed location. Oregon Inlet and the ocean bar was authorized to a maximum
width of 400 feet and a depth of -14' +2' Mean Lower Low Water (MLLW). The channel from Oregon
Inlet to Hell's Gate was authorized at 100' in width and a depth of -12' MLLW. Old House Channel
Range 1 is also authorized at 100' wide and to -12' MLLW depth. Due to the fluctuation in the location of
deep water over the years, Old House Channel has expanded from Range 1 to include Range 2 and
Manteo Channel Range 17 Extension. However, only Range 1 within Old House Channel was authorized
for dredging in the Dare County permit. The County is currently applying for additional permit
authorization for Old House Channel Range 2 through a separate application still undergoing review as of
8/17/22. The previously issued permit (No. 49-19) authorized disposal of dredged material in accordance
with the federal approval- the 5000' long nearshore disposal area south of Oregon InIet and adjacent to
the north end of Pea Island, or in deep scour holes beneath the former Herbert C. Bonner Bridge, as
needed. While the new bridge provides broader range of vessel clearance with multiple navigation spans,
rather than confining all vessel passage to the former single span, ongoing shoaling has still constrained
navigation at the inlet. The USACE has historically dredged approximately 900,000 cubic yards in the
project area at Oregon Inlet annually in an effort to maintain navigation. The permit issued to Dare
County to maintain these channels was also limited to use of one the USACE's federal dredge plants or
the special purpose hopper dredge, the Miss Katie.
North Carolina Department of Environmental Quality 1 Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension Wilmington, North Carolina 28405
910.796.7215

Central Dare County Channel Maintenance Project- Non -Federal Channels
Page Three
The waters in and adjacent to Oregon Inlet and Pamlico Sound fall within the Pasquotank River Basin, as
classified by the NC Division of Water Resources (DWR). The waters of Pamlico Sound are classified as
SA & HQW by the DWR. The NC Marine Fisheries Commission has NOT designated the area to be
impacted as a Primary Nursery Area, although the area appears to be designated as a crab spawning
sanctuary.
PROPOSED PROJECT:
In this application, Dare County currently proposes to also maintain Walter Slough, the Crack and a
"Short Cut" channel to the inlet. The applicant has identified dredge corridors for each of the proposed
channels, with the intent that the channels would be located based on deep water and surveys at the time
of the dredge event. Channels would be dredged to 100' widths (with 3:1 side slopes) and a maximum
depth of -14' MLLW. Maintenance dredging is proposed on a year-round basis for hopper and hydraulic
dredging; sidecast dredging would be limited to a period of August 1 through March 30. The project
narrative also indicates that sidecast dredging would be limited to shallow areas requiring the creation of a
pilot channel to in turn allow the use of a special purpose hopper dredge. The applicant states in Section
2.2 of the Environmental Assessment (EA) provided that although portions of the two dredge disposal
corridors include small areas of submerged aquatic vegetation (SAV) based on a 2019-2020 SAV survey,
no SAV resources will be directly impacted through dredging. It is stated a 100 ft no -dredge buffer will
be imposed around known SAV and shellfish resources when a special purpose or pipeline dredge will be
used for maintenance dredging events, and a 300 ft no -dredge buffer will be imposed around these
resources if sidecast dredging were to occur. The document also states no material would be placed within
100 ft of any known SAV or shellfish beds. Additionally, the applicant has further stated that while the
initial restoration of Green Island is proposed to occur at any time during the year, any future maintenance
after initial construction would be limited to the period outside of bird nesting season, or from September
1 through March 30.
Disposal of the dredged material would occur either in the established nearshore disposal area off Pea
Island, in the "deep scour holes" of the Oregon Inlet to Hells Gate Channel area (if conducted via hopper
dredge) or through restoration of Green Island with a pipeline dredge. Placement within the "deep scour
hole" corridor would be limited to areas deeper than -14' MLLW- and would not exceed a final elevation
above -14' MLLW. Sediment characteristic data were compiled from sampling conducted by the USACE
and CPE between 1998 and 2021, some of which have been provided for the Crack and Walter Slough in
Subsection 2.2.2 of the EA (see pages 11-14). This section states the majority of samples were classified
as fine or fine -to -medium grain sand, but a few samples along the eastern channel leading to and within
the US Coast Guard Station and Oregon Inlet Fishing Center basin demonstrated higher levels of fine-
grained and silty material (WS-1 performed in 1998 and WS-CG-08). The EA states one sample (WS-
CG-09) exceeded the method detection limit (MDL) for Selenium, but the applicant states no results
exceeded the TCLP regulated concentration thresholds and of the tested pesticides, herbicides, volatile or
semi -volatile compounds tested, none were detected in concentrations above the MDL. Sediment
analysis for 5 vibracores collected in the Crack in July 2021 were calculated with a mean grain size of
0.25mm, 0.83% silt, 0.36% granular and 0.14% gravel and with a USCS classification of SP. According
to the applicant, no geotechnical analysis of the Short Cut channel has been performed at this time, but
they presume the material is mostly sand with little fines. Disposal of material at Green Island for
restoration would conform with the recommendations within the technical note entitled "Dredged
Material as a Tool for Management of Tern and Skimmer Nesting Habitats", as stated in Subsection 5.6.2
NORM CARCUNA
eonfl+ of h.;.n,.adrl our
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

Central Dare County Channel Maintenance Project- Non -Federal Channels
Page Four
of the EA (pages 87-89). It is stated that the proposed island would be constructed no higher than +15'
above Mean High Water (relative to MLLW datum) and the slope of the island would be no less than
1 V:15H.
Three interagency scoping meetings were held for the various Dare County maintenance dredging
proposals. These meetings were held on 10/21/20, 5/17/21 and 1/6/22 and were attended by agency
representatives from DWR, USACE, USFWS, DMF, WRC, DEMLR, and National Parks Service (NPS).
ANTICIPATED IMPACTS:
The proposed dredging associated with the initial dredge event is currently projected to result in impacts
to up to 39.4 acres of submerged bottom. Up to 287 acres of nearshore disposal site has been identified as
potentially impacted, as well as up to 593 acres of disposal area within the deep scour hole area of the
channel west of the bridge. However, it should be noted that actual impacts will be dependent on future
conditions and will vary due to the applicant's commitment to follow the deep -water channel. All
proposed dredging work would remain confined within the channel corridors identified on Sheets 2-6 & 8
(of 12). While the total area of the proposed corridors encompasses approximately 282 acres, only
channel length would vary based on the location of deep water. Channel width and depth would remain
fixed as requested in the application. The dredging and disposal would result in temporary increases in
turbidity. Impacts to submerged aquatic vegetation (SAV) and shellfish resources are not anticipated due
to the following of the deep -water channel and the commitment to impose a buffer around these resources
for both dredging and disposal activities. Approximately 26 acres of fill is also proposed for the
restoration of Green Island, which would result in approximately 25 acres of potential bird habitat being
raised above Mean High Water.
Submitted by: Heather Coats Date: November 17, 2022 Office: Wilmington
D_EQ1NORM GRGLNF
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North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS NORTH CAROLINA
Director Environmental Quality
November 28, 2022
Mr. Brad Rosov
CPE
4038 Masonboro Loop Road
Wilmington, NC 28409
Dear Mr. Rosov:
The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for
Dare County, for State approval of the dredging of the non-federal channels north of Oregon Inlet, located in
Dare County, adjacent to the Atlantic Ocean. It was received as complete on 10/26/22 and appears to be
adequate for processing at this time. The projected deadline for making a decision is 1/9/23. An additional 75-
day review period is provided by law when such time is necessary to complete the review. If you have not
been notified of a final action by the initial deadline stated above, you should consider the review period
extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an
additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from 10/26/22 you may request a meeting with
the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such
a meeting will be held within five working days from the receipt of your written request and shall include the
applicant and project designer/consultant.
NCGS 1 I3A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the
property of your proposed development. You should post copies of this notice at a conspicuous point along
the project area where it can be observed by the public. Failure to post this notice could result in an incomplete
application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the
appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if
you wish to receive a copy of my field report and/or comments from reviewing agencies.
Sincerely,
Co-azf
Heather Coats
Beach & Inlet Management Project Coordinator
cc: MHC/EC, DCM
Josh Pelletier, COE
Bobby Outten, Dare County
ODE
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North Carolina Department of Environmental Quality ; Division of Coastal ;Management
Wilmington Office { 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

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NORTH CARQLII4A
Environw, nrirl Qualm}
November 30, 2022
[e-mail]
2 Pages
The Coastland Times
Legal Advertisement Section
ROY COOPER
Governor
ELIZABETH BISER
Secretary
BRAXTON DAVIS
Director, Division of CoastaMManagement
Re: Major Public Notice for:
• Dare County
Hello: Please publish the attached Notice in the Sunday, December 4, 2022 issue of The Coastland Times.
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit and invoice for payment to: Tanya Pietila at the NC Division of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226.
Please email a copy of the credit card receipt to me once paid.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington
office.
cc: MHC Files
USACE
WIRO Files
Permitting Support & Customer Assistance
State of North Carolina 1 Environmental Quality Coastal Management
127 Cardinal Drive Exi., Wilmington, NC 28405 919 796 7215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following applications were submitted for development permits in Areas of Environmental
Concern as designated under the CAMA: On November 17, 2022, The County of Dare proposed to maintain the
non-federal navigation dredge channels known as Walter Slough, the Crack and the "Short Cut" Dredge
Channel, located within Pamlico Sound and adjacent to and north of Oregon Inlet, adjacent to the Atlantic
Ocean in Dare County. Copies of these applications can be examined or copied at the office of Heather Coats
N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington,
NC 28405, [phone] during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to December 25, 2022 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice of
the permit decision in these matters will be provided upon written request.

NORTH CAROLINA
Environmental Quality
December 1, 2022
MEMORANDUM:
FROM:
ROY COOPER
Governor
ELIZABETH BISER
Secretary
BRAXTON DAVIS
Director, Division of Coastal
Management
Heather Coats, Beach & Inlet Management Project Coordinator
NCDEQ - Division of Coastal Management
127 N Cardinal Drive Ext., Wilmington, NC 28405
(Courier 04-16-33)
[e-mail]
SUBJECT: CAMA /Dredge & Fill
Applicant: Dare County
Project Location: West of Oregon Inlet in Pamlico South to include Walter Slough, the Crack and the
"Short Cut" channel, adjacent to the Atlantic Ocean in Dare County.
Proposed Project: Applicant is proposing to maintain the non-federal navigation dredge channels known
as Walter Slough, the Crack and a "Short Cut" dredge channel.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by December 25, 2022. If you have any
questions regarding the proposed project, contact Heather Coats at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME
AGENCY
SIGNATURE
DATE
State of North Carolina Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215

Major Permit Fee Schedule
Project Name: NyCe Co County: QAYEE
C,f4 L D t;o
Fw 2.A L c b# i t, v t ANT-,
Check No & Amount: 4 `(75
Development Type
Fee
DCM %
(14300160143510009316256253)
DWQ %
(2430016024351000952341)
1. Private, non-commercial development
that does not involve the filling or
excavation of any wetlands or
open water areas:
$250
100% ($250)
0% ($0)
II. Public or commercial development that
does not involve the filling or excavation
of any wetlands or open water areas:
$400
100% ($400)
0% ($0)
Ili. 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 General Water Quality
Certification No. 4175 can be applied:
$250
100% ($250)
I
0% ($0)
1II(B). Public or commercial development,
if General Water Quality Certification
No. 4175 can be applied:
$400
100% ($400)
0% ($0)
IlI(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
$400
60% ($240)
40% ($160)
III(D). If General Water Quality
Certification No. 4175 cannot be applied:
$400
%($2)
40% ($160)
Vet Development that involves the filling
and/or excavation of more than one acre
of wetlands and/or open water areas:
$475
60% ($285)
40% ($190)
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