20150595 Ver 1_401 Application_20150615

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Alligator River National Wildlife Refuge
Pea Island National Wildlife Refuge
Post Office Box 1969
Manteo, North Carolina 27954 $ PAID
(252) 473 -1131 473 -1668 (fax)
June 10, 2015
Ms. Karen Higgins 2 0 1 5 0 5 9 5
NC Division of Water Resources
401 Buffer and Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 -1617
Dear Ms. Higgins:
Enclosed you will find the Pre - Construction Notification (PCN) for Nationwide Permit 3 and General
Certification #3883 to clean, repair, or replace culverts and water control structures in multiple locations
at Alligator River National Wildlife Refuge. All of these structures are approaching the end of their useful
life and would become non - functional upon collapse. Most are filled with woody debris and muck to the
point wherein their function is severely impaired. Flows in the canals proposed for some degree of
cleaning will improve water management capabilities with regards to habitat management within the farm
unit and wildfire prevention or suppression. These hydrologic restoration and improved water
management projects are essential to the Refuge's management objectives. The proposed work will
restore a more natural wetland hydrology, given the road system adjacent to the canals, and will improve
water management capabilities with regards to protecting forested wetlands of the area. The PCN for
Nationwide Permit 3 has been submitted to the Corps of Engineers.
Enclosed is a check in the amount of $240.00 to the N. C. Division of Water Resources for the
application fee. Also enclosed is a copy of the Consistency Determination (CD) for your reference. The
CD and the project Environmental Action Statement can be accessed at the following links:
http: / /www.fws.00v /uploadedFiles /Region 4 /NWRS /Zone 3 /North Carolina Coastal Plain Refuge Complex/Allicator Ri
ver /PDFs /Consistency Determination %20 Hvdrologv ARNWR- web.odf
http: / /www.fws.gov /uploadedFiles/ Environmental% 2OAction% 2OStatement %2OHvdrologv %20ARNWR -web. pdf
If you have questions or need any additional information, please contact Dennis Stewart at (252) 473-
1132 x231 or his cell phone {(252) 475 -0962.
Sincerely,
=0 0 M-1
Mike Bryant
Project Leader
North Carolina Coastal Plain Refuges Complex
Enclosures

Alligator River National Wildlife Refuge
Pea Island National Wildlife Refuge
Post Olfifiee Boa 1969
Manteo, North Carolina 27954
(252) 473 -1131 473 -1668 (fax)
June 10, 2015
N. C. Division of Coastal Management
ATTN: Mr. Doug Huggett
400 Commerce Avenue
Morehead City, NC 28557 -4321
Dear Mr. Huggett~
This Consistency Determination (CD) and supporting documentation to clean out or replace multiple culverts and
water control structures on Alligator River National Wildlife Refuge is submitted for review and comment In
addition, we are submitting a Pre- Construction Notification to the U. S. Army Corps of Engineers for Nationwide
Permit 3 and the North Carolina Division of Water Quality for the Section 401 Water Quality Certification. We
believe that this is a complete application package. However, if required information is absent or if site visits need
to be scheduled, please notify us as soon as possible.
We believe the proposed hydrologic restoration and water management project is fully consistent with the
enforceable policies and guidelines of North Carolina's federally approved Coastal Management Program. By copy
of this letter and enclosures we are informing the Corps of Engineers and the N. C. Division of Water Quality of our
initiation of the consistency review process and we have submitted complete applications to them.
The CD and the project Environmental Action Statement can be accessed at the following links:
hfr): //www.fws.gov /uploadedFiles /Region 4 /NWRS /Zone 3 /North Carolina Coastal Plain Refuae Complex/Allioator Ri
ver /PDFs /Consistencv Determination %20 Hvdroloov ARNWR- web.Ddf
httD : / /www.fws.aovluoloadedFilesl Environmental% 20AGtion% 2OStatement %20HYdroloov%2OARNWR- web.odf
As with all projects such as the ones we have included in the CD, many variables are involved with completing
them and we must take advantage of good work windows when they present themselves. If there is anything we
can do to expedite the review process, please let us know. The refuge staff is committed to working cooperatively
with all State and Federal agencies to ensure full compliance with law, regulation, and policy at all times. If you
have questions about the CD or the refuge, contact Dennis Stewart, Refuge Biologist at (252) 473 -1132 xt 231.
Sincerely,
Mike Bryant
Project Leader
Enclosures
cc: Corps of Engineers — Washington FO
NC Division of Water Quality V

..._ ... . 6
OF W A LSc9
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps: ®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? I ❑ Yes
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
OHM
1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit:
because written approval is not required? Certification:
❑ Yes ® No ❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation ❑ Yes ® No
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ® Yes ❑ No
below.
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No
2. Project Information
2a. Name of project: Alligator River NWR Hydrologic Restoration and Improved Water Management Project
2b. County: Dare
2c. Nearest municipality / town: Mann's Harbor
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state N/A
project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
United States Government - Department of the Interior - Alligator River National Wildlife
Refuge
Mike Bryant, Refuge Manager
P. O. Box 1969 (Shipping: 100 Conservation Way)
Manteo, NC 27954 lb LR r-,5 -n rn , �
(252) 473 -1132 I U II U
(252) 473 -1668 JUIV _ _ Id/ I
mike— bryant @fws.gov oL_ /"' I
' WAT �_ J
4018 SOFFPR PERK NG
Page 1 of 13
PCN Form —Version 1.3 December 10, 2008 Version

a
4. Applicant Information (if different from owner)
4a. Applicant is: ❑ Agent. ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 13
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
N/A
1 b. Site coordinates (in decimal degrees):
Latitude: N35.832
(DD.DDDDDD)
1 c. Property size:
154,000 +/- acres
2. Surface Waters
12a. Name of nearest body of water (stream, river, etc.) to
Pamlico Sound
proposed project:
2b. Water Quality Classification of nearest receiving water:
SA; HQW, SB
2c. River basin:
Pasquotank
Longitude: - 75.858
(- DD.DDDDDD)
Page 3 of 13
PCN Form — Version 1.3 December 10, 2008 Version

3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
General land use on the refuge would be considered "conservation" as this portion of the Dare County mainland is a
national wildlife refuge. A brief summary of the refuge mission and purpose is to conserve and protect unique wetland
ecosystems and provide habitat for migratory birds and other wildlife for present and future generations of Americans.
Existing conditions at the project sites include man -made canals with adjacent access roads. Material to build the roads
came from the canals. Roads are soil /gravel requiring frequent maintenance and repair. Across the canals is a mosaic
of shrub /pond pine pocosin small amounts of freshwater marsh at some locations. In most areas, steep canal banks
have a fringe of vegetation consisting of various grasses, some Spartina spp, Juncus spp. and sawgrass. Broom sedge,
greenbrier, wax myrtle, and a few other annual /perennial species also grow on the canal banks.
3b. List the total estimated acreage of all existing wetlands on the property:
150,000
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
0 at the project site since all projects occur on man -made canals. Elsewhere on the refuge - approximately 35 miles or
about 184,800 linear feet
3d. Explain the purpose of the proposed project:
Replace existing culverts and water control structures that have reached the end of their service life. One new structure
will be installed on Navy Shell Road to restore a more natural wetland hydrology and to enhance water management
capabilities in the event of a wildfire. This work will continue to build resilience into the Refuge landscape in the face of
rising sea level.
3e. Describe the overall project in detail, including the type of equipment to be used:
Alligator River National Wildlife Refuge is working cooperatively with The Nature Conservancy North Carolina Chapter on
a project designed to evaluate management options for the landscape on and adjacent to the refuge in the face of rising
sea level. This cooperative partnership resulted in an initial project involving creation of oyster reefs offshore from the
refuge, installing water control structures in a man -made canal to regulate salt water intrusion into the refuge and
freshwater pulses off the refuge, planting tree species more tolerant of low salinity levels to build habitat resilience into the
ecosystem, removing Phragmites spp from a marsh, plugging ditches, and monitoring. Knowledge gained from this
project has served to facilitate other adaptive management strategies on a local and regional scale. A second joint
project was recently completed on the Lake Worth Road Canal.
The proposed hydrologic restoration and improved water management actions are a combination of normal refuge
activities and a cooperative effort between the ARNWR, The Nature Conservancy North Carolina Chapter (TNC), and the
United States Air Force (USAF). The ARNWR, TNC, and USAF have partnered together to influence approximately
65,000 acres of land on the ARNWR and Dare County Bombing Range. Joint management efforts are intended to
facilitate controlling drainage and provide for more water retention within the project area to reduce wildfire potential,
improve firefighting readiness, and restore a water regime more closely resembling historic (pre - canal) conditions to
benefit habitat preservation for local wildlife. Normal refuge activities are focused on improving water control and
drainage in wetlands as well as the farming units of the refuge in support of management to provide quality habitat for
waterfowl and other migratory birds. This Consistency Determination (CD) is intended only for those portions on ARNWR
and in 2 locations, at or near the Department of Defense (DOD) boundary line as shown in Figure 1.
This CD involves a total of 12 projects designed to improve water management capabilities on ARNWR and restore a
more natural wetland hydrology to forested weltands in various locations on habitat north of Milltail Creek. All sites
involve activities ranging from cleaning debris and floating vegetation from existing canals to water control structures that
are currently creating moderate to severe flow impediments. An attempt will be made to clean some structures while
others will need to be removed /replaced because they are damaged or deteriorated. With the exception of one site, all
structures will be replaced within the same footprint. There will be one new structure in a new location. The attached
map and table shows all project locations with brief descriptions in the table. As can be seen from the map, much of this
work will be occurring in or adjacent to dikes and canals associated with the Refuge Farm Unit. Other sites are on interior
canals not accessible for navigation or other activities. These aquatic habitat in these canals is characterized by low pH,
low DO, and sluggish flows depend to some extent on wind direction. Cleaning the Buffalo City Road Canal has the
greatest potential to cause harm within an AEC and care will be exercised to reduce /minimize this potential.
Equipment to be used will include excavators, bulldozers, dump trucks, farm tractors, generators, hand tools, and utility
trucks.
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PCN Form — Version 1.3 December 10, 2008 Version

. t
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? El Yes ®No El Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? El Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
6. Project History
5a. Have permits or certifications been requested or obtained for I ❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? I ® Yes ❑ No
6b. If yes, explain.
Although not exactly a phased project, work will be done in somewhat of a priority order and will be done as weather,
equipment, funding, and staffing will allow
Page 5 of 13
PCN Form — Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ❑ Streams - tributaries ❑ Buffers
® Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ — non -404, other) (acres)
Temporary (T)
MR -MM
W2 ❑P ®T
W3 ❑P ❑T
W4 ❑P ❑T
W5 ❑P ❑T
W6 ❑P ❑T
ALL PROJECTS -
Disturbance
around existing
structures
Canal cleanout
2g. Total wetland impacts
2h. Comments:
marsh fringe ❑ Yes
® No
marsh fringe ❑ Yes
® No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
® Corps 0.041
® DWQ
® Corps 0.330
® DWQ
❑ Corps
❑ DWQ
❑ Corps
❑ DWQ
❑ Corps
❑ DWQ
❑ Corps
❑ DWQ
0.371
3. Stream Impacts
If there are perennial or intermittent stream impacts (including
temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c.
3d.
3e.
3f. 3g.
Stream impact Type of impact Stream name
Perennial
Type of jurisdiction
Average Impact
number -
(PER) or
(Corps - 404, 10
stream length
Permanent (P) or
intermittent
DWQ — non -404,
width (linear
Temporary (T)
(INT)?
other)
(feet) feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments:
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PCN Form — Version 1.3 December 10, 2008 Version

t
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number — (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary m
01 ❑ P ®T Various canals on Temporary fill for cofferdam canal I 0.404
the Refuge
02 []POT Various canals on Canal cleanout canal I 7.70
the Refuge
03 ❑P ❑T
04 ❑P ❑T
4f. Total open water impacts I 8.104
4g. Comments: From the total impacted area of 0.404 acre for cofferdams, about 0.020 acre is considered permanent fill in
man -made canal bottom habitat. The 0.020 ac of permanent fill is due to the inability to recover 100% of the fill material used
in cofferdam construction.
5. Pond or Lake Construction
If pond or ake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Pond ID Proposed use or purpose
number of pond
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Wetland Impacts (acres) Stream Impacts (feet)
Flooded Filled Excavated Flooded Filled Excavated
❑ Yes ❑ No If yes, permit ID no:
Upland
(acres)
Flooded
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PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a
Project is in which protected basin?
6b.
Buffer impact
number —
Permanent (P) or
Temporary (T)
B1 ❑ PEI T
B2 ❑ PEI T
B3 ❑P ❑T
6c. 6d.
Reason
for
impact
❑ Neuse ❑ Tar - Pamlico ❑ Other:
❑ Catawba ❑ Randleman.
6e.
Buffer
Stream name mitigation
6i. Comments:
D. Impact Justification and Mitigation
required?
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
6h. Total buffer impacts
6f.
6g.
Zone 1 impact Zone 2 impact
(square feet) (square feet)
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The USFWS is replacing poorly functioning or non - functional existing water control structures with new ones, depending upon
the condition and difficulty of cleaning them out without damage. The work will improve the Refuge's ability to mimic natural
wetland hydrology and water movement in this wetland system. Stringent use of sediment and erosion control measures
coupled with grading and re- vegetating the sites will minimize on and off -site impacts.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Some aspects of the project can be done off the actual construction site. The water control structures and discharge pipes
will be pre - fabricated off site and will be installed in sections. Project specifications call for turbidity curtains in the water and
silt fencing around the project site on the land. The project site will be graded and stabilized upon project completion. There
should be few, if any, long -term adverse impacts.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
2c. If yes, which mitigation option will be used for this
project?
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
❑ Yes ® No
❑ DWQ ❑ Corps
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
Type
Quantity
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PCN Form —Version 1.3 December 10, 2008 Version

3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in -lieu fee program is attached. ❑ Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non - riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
❑cold
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires I El Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
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PCN Form —Version 1.3 December 10, 2008 Version

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 0%
2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This project meets the criteria for a Low
Density project because: i. The overall site plan contains less than 24% impervious surface area considering both current
and future development; ii. All stormwater is transported primarily via natural vegetated conveyances; and iii. There are
no other areas within the project site with an impervious surface.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
3b. Which of the following locally - implemented stormwater management programs
apply (check all that apply):
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
4. DWQ Stormwater Program Review
4a. Which of the following state - implemented stormwater management programs apply
(check all that apply):
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
5b. Have all of the 401 Unit submittal requirements been met?
❑ Certified Local Government
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
❑ Phase II
❑ NSW
❑ USMP
❑ Water Supply Watershed
❑ Other:
❑ Yes ❑ No
❑
Coastal counties
❑
HQW
❑
ORW
❑
Session Law 2006 -246
❑
Other:
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
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PCN Form — Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal /state /local) funds or the ® Yes ❑ No
use of public (federal /state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ❑ Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (if so, attach a copy of the NEPA or SEPA final approval
letter.) ❑ Yes ❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 213 .0200)?
2b. Is this an after - the -fact permit application? ❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide'an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
No sewage or wastewater generated by any project component.
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PCN Form — Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes - ❑ No
impacts?
®
5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Refuge surveys and databases; Section 7 Intra - Service Biological Evaluation
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? I ❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Fritz Rhode, NMFS
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Mr. Richard Kanaski, Regional Historic Preservation Officer & Regional Archaeologist, Region 4, USFWS
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain? I ® Yes ❑ No
8b. If yes, explain how project meets FEMA requirements: Project constitutes cleaning/replacing existing structures that have
been in place since the mid 1980's. Cleaning /replacing these structures will result in more natural conditions for wetland
and estuarine resources of the area, including wildlife inhabiting the habitat types present or in close proximity.
8c. What source(s) did you use to make the floodplain determination? FEMA FIRMs
U. S. Department of the Interior
Fish and Wildlife Service
Alligator River National Wildlife
Refuge
Mike Bryant, Refuge Manager
Applicant/Agent's Printed Name
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
5/29/2015
Date
Page 12 of 13
PCN Form — Version 1.3 December 10, 2008 Version

Page 13 of 13
PCN Form — Version 1.3 December 10, 2008 Version

CONSISTENCY DETERMINATION
HYDROLOGIC RESTORATION and IMPROVED WATER
MANAGEMENT PROJECT
ALLIGATOR RIVER NATIONAL WILDLIFE REFUGE
DARE COUNTY, NORTH CAROLINA
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U. S. FISH AND WILDLIFE SERVICE
ALLIGATOR RIVER NATIONAL WILDLIFE REFUGE COMPLEX
MANTEO, NORTH CAROLINA
MAY 2015

CONSISTENCY DETERMINATION
Hydrologic Restoration and Improved Water Management Project
Alligator River National Wildlife Refuge
Project Description
The Alligator River National Wildlife Refuge Complex is part of a larger refuge complex called the
Coastal North Carolina National Wildlife Refuges Complex. Refuges in the larger complex include
Alligator River, Pea Island, Mackay Island, Currituck, Pocosin Lakes, and Roanoke River National
Wildlife Refuges. The Alligator River National Wildlife Refuge Complex consists of two refuges. Alligator
River National Wildlife Refuge is located in Dare and Hyde Counties, and Pea Island National Wildlife
Refuge is located in Dare County. Pea Island National Wildlife Refuge was established in 1938, and
Alligator River National Wildlife Refuge was established in 1984. Pea Island National Wildlife Refuge is
an approximate 5,000 -acre refuge located on a dynamic barrier island on North Carolina's Outer Banks,
and it provides beach, dune, marsh, and maritime shrub habitat for many migrant bird species especially
shorebirds and waterfowl as well as federally - listed endangered and threatened species such as the
loggerhead sea turtle, green sea turtle, and piping plover. Alligator River National Wildlife Refuge
(ARNWR) consists of over 153,000 acres of riverine swamp, non - riverine swamp, pocosin, pine and
hardwood forests, marsh, and agricultural land. The refuge provides valuable habitat for a variety of
wildlife, including many neo- tropical migrant bird species, waterfowl, black bear, and several federally -
listed endangered and threatened species such as the red wolf and red - cockaded woodpecker.
The proposed hydrologic restoration and improved water management actions are a combination of
normal refuge activities and a cooperative effort between the ARNWR, The Nature Conservancy North
Carolina Chapter (TNC), and the United States Air Force (USAF). The ARNWR, TNC, and USAF have
partnered together to influence approximately 65,000 acres of land on the ARNWR and Dare County
Bombing Range. Joint management efforts are intended to facilitate controlling drainage and provide for
more water retention within the project area to reduce wildfire potential, improve firefighting readiness,
and restore a water regime more closely resembling historic (pre - canal) conditions to benefit habitat
preservation for local wildlife. Normal refuge activities are focused on improving water control and
drainage in wetlands as well as the farming units of the refuge in support of management to provide
quality habitat for waterfowl and other migratory birds. This Consistency Determination (CD) is intended
only for those portions on ARNWR and, in 2 locations, at or near the Department of Defense (DOD)
boundary line as shown in Figure 1.
This CD involves a total of 12 projects designed to improve water management capabilities on ARNWR
and restore a more natural wetland hydrology to forested weltands in various locations on habitat north of
Milltail Creek. All sites involve activities ranging from cleaning debris and floating vegetation from
existing canals and structures that are currently creating moderate to severe flow impediments to
removing /replacing damaged structures within the same footprint. There will be one new structure in a
new location. Assumptions made to evaluate impacts from the overall project are:
1. Canal widths and depths are estimated. Lengths were measured from aerial photographs.
2. The "Total Affected - - " columns represent a canal total.
3. For net impacts, the Buffalo City Road Canal was estimated to be 75% obstructed.
4. For net impacts, Gadwall Road and Milltail Road Canals were estimated to be 25% obstructed.
5. Most impacts are temporary. There will be no change in canal dimensions, location, or function.
6. Permanent impacts are primarily associated with not being able to recover 100% of the temporary
fill.
7. The "Temporary Marsh Fringe Impact" assumes 1.5 feet only on the work side of the canal.

Figure 1. Proposed water management actions on Alligator River National Wildlife Refuge, Dare County,
North Carolina.
Iligator River4NWR
L
Legend
Roads A
Refuge Boundary
Locations of Proposed Actions
Canal
• Culvert/ Water
Control Structure
Impacts associated with cleaning or replacing culverts were derived from the information presented in
Appendix I, Table 1. Analysis of cofferdam impacts is presented in Appendix I, Table 2. Canal cleanout
impacts were analyzed using the information in Appendix I, Table 3.
Since funding is not available to accomplish all of the tasks in this CD in one mobilization, the work will
need to be done as funding and staff time become available. Projects were prioritized to accomplish the
work needing to be done. Table 1 presents a prioritized list of the actions to be completed as funding
becomes available. Each project will be discussed based upon the priority assigned by the Refuge.
However, projects may not be completed in priority order due to factors such as weather, efficient use of
staff and resources, and funding.
1)

Table 1: Table of proposed actions for the ARNWR hydrologic restoration and improved water
management project in Dare County, North Carolina. The "Map ID" number corresponds with the
numbers and letters shown in Figure 1.
Culvert
Map ID ID Action Priority
1
LB
Replace clogged and damaged culvert and riser with same
2
2
4 -1
Clean out /Replace silted 48" x 30' culvert
5
Remove and replace 96" x 40' culvert and riser with 72" x 40' culvert
12
3
3 -1
with risers
4
1 -2
Clean out /Replace silted 36" x 40' culvert
3
5
2 -2
Clean out /Replace silted 48" x 30' culvert
4
6
113 -5
Clean out /Replace silted 48" x 40' culvert
7
7
14 -1
Clean out /Replace 3 silted 30" x 30' culvert; Install new 60"
8a, 8b
diameter x 60' culvert with 72" riser
8
5 -2
Clean out /Replace silted 48" x 40' culvert
6
9
6 -1, 9 -1,
Remove 4 culverts (30" x 45, )
11
9 -3, 6 -2
10
6-4,6-5
I Remove 2 culverts (30" x 45', 30" x 40')
10
Canal ID
Buffalo
Clean vegetation and debris from canal along Buffalo City Rd. from
1
A
City
end of road north to Sawyer Lake Road, approximately 1.3 miles
B
Milltail
Clean debris from canal along Milltail Road from Hwy. 64 to Long
13
Curve Road, approximately 2.3 miles
Clean debris from canal along Gadwall Road from Link Road to
9
C
Gadwall
Bobcat Road, approximately 1.7 miles
Project Descriptions by Priority
Priority 1 (Map ID A): Buffalo City Road Canal
The borrow canal created when Buffalo City Road was constructed has become plugged with
woody debris (including several substantial logs) and floating vegetation mats to the point that
water flow is severely restricted. As this is a wind driven system, the impaired drainage affects
the flow of water into the Refuge farm unit when it is time to flood the land and affects discharge
when the water has to be drawn down for management purposes. In addition to Refuge
management, this impairment to water flow is impacting forested wetlands due to an extended
hydroperiod. The combined effect of Buffalo City Road and the impaired drainage in the canal is
creating a "beaver dam effect" as shown in these images.
3

The Refuge is proposing to remove the logs and other woody debris along with the floating
vegetation. Approximate total length of this project is 6,864 ft (1.3 mi). All work will be done from
Buffalo City Road and material removed from the canal will be hauled to a disposal site at the
Refuge Borrow Pit. Woody material and herbaceous vegetation will be burned when it dries. As
shown in Table 2, the total estimated acreage of the canal is approximately 6.3 acres with a total
estimated volume of approximately 40,675.6 yd3. Since the canal is approximately 65%
obstructed, the entire canal will be affected but direct impacts will occur by removing those
obstructions. This will result in a net impact of 4.1 acres of canal habitat with approximately
26.439.1 yd' of material being hauled away. Approximately 0. 15 acres of marsh fringe will be
impacted.
There will be short-term impacts associated with the removal of flow impediments. Most of the
impacts will be a result of disturbance to the organic muck substrate within the canal. Turbidity at

the immediate work site is expected to increase over local area but is not expected to affect a
large area due to the sluggish flows in the canal system. Turbidity curtains will be deployed to
contain the turbidity plume near the project site. There will be a reduction in benthic attachment
substrate, but all woody material will not be removed. Invertebrates such as crayfish may realize
relatively short-term impacts and vertebrates such as frogs, turtles, and snakes will be affected
over a relatively brief period of time. Adjacent forested wetlands will benefit as more natural flow
of water will occur within the man -made canal. Primarily due to low DO and low pH, the canal
provides very little habitat for a healthy fish population and use by anadromous species has not
been documented. This project will not result in placement of temporary or permanent fill in either
wetlands or open water.
Prioritv 2 (Mal) ID 1): Culvert Reolacement — Beaver Road
This project is a maintenance project within the ARNWR Farm Unit perimeter dike. The existing
culvert consists of a flash board riser (57" wide X 8ft w /1ft dropped solid bottom) attached to a 48"
discharge pipe 40 ft long. This structure is damaged and has become clogged by vegetation and
woody debris. The flash -board riser attached on the upstream end enables water management
but complicates cleaning the culvert. The structure must be replaced to be effective.
The Refuge is proposing to remove the existing damaged structure and replace it with the same
size and type of structure. All work will be done within the existing footprint and from an existing
road, resulting in no new disturbance.
Two cofferdams will be required in the Laurel Bay Road Canal to facilitate culvert replacement.
One cofferdam will be constructed of temporary fill material "upstream" of the existing structure
and a second will be required on the "downstream" side. Canal width is approximately 40 feet so
each cofferdam will affect approximately 740.5 ft2 (0.017 ac) of open water canal habitat. The
canal is approximately 6 feet deep at this point. Total cofferdam impact will be about 1,438 ft2
(0.033 ac) of affected area and about 320 yd of fill material. To the maximum possible,
cofferdam fill material will be removed immediately after project completion. Access for placing
the cofferdam fill material and removing it will impact an additional small area of emergent
wetland fringe. This area is about 2 ft X 25 ft for a total area of 50 ft2 (0.001 ac) of temporary
5

impact on each side of the structure. Total marsh fringe impact would be about 100 ftz (0.002
ac). A culvert in the Beaver Dam Road Canal will be closed off by pacing boards in the structure
if possible or with sheet piling.
Turbidity will increase on a localized basis but will not affect a large area due to a lack of flow in
the canal system when the water is not being pumped. Turbidity curtains will be deployed to
contain the turbidity plume near the project site. Primarily due to low DO and low pH the canal
provides marginal habitat value for a healthy fish population. Due to the isolated nature of this
canal, there is no use by anadromous species.
Prioritv 3 (Map ID 4): Water Control Structure Cleaning — Milltail & Sandv Ridqe Roads
This project is simply a maintenance project within the ARNWR. The existing structure consists
of a flash board riser (57" wide X 8ft w /1ft dropped solid bottom) attached to a 36" discharge pipe
40 ft long crossing underneath Milltail Road and discharges from the Milltail Road Canal into the
Sandy Ridge Road Canal wherein water flows predominantly to the west towards Milltail Creek.
Over time the discharge pipe has become silted with organic muck and woody debris. The
Refuge is proposing to clean the pipe out to improve flows through the canal system. Cleaning
the pipe would result in disturbance of an area equal to the approximate volume of the pipe,
approximately 10.5 yd'. There would be a slight increase in turbidity for a short distance
downstream.
For the purpose of impact assessment, a "'worst case" scenario is included in this analysis. If the
culvert is replaced, the project would require three cofferdams. One cofferdam would span a
canal approximately 30 feet wide and two of the dams would span a canal approximately 50 -feet
wide. These dams would affect a total open water area of 0.056 ac with a total volume of about
611.1 yd of temporary fill. Each cofferdam would affect approximately 0.002 ac of marsh fringe
for a total impact of 0.006 ac. As a result of not being able to recover 100% of the temporary fill,
the project would impact about 0.0033 ac of open water canal bottom habitat with a volume of
30.6 yd of unrecoverable fill material. Turbidity would increase in the immediate project area and
for a short distance downstream. Turbidity curtains will be deployed to contain the turbidity plume
near the project site.
0

All work will be done within the existing footprint and from and existing road resulting in no new
disturbance. Primarily due to low DO and low pH, the canal provides marginal habitat value for a
healthy fish population and use by anadromous species within this interior canal system has not
been documented.
Priority 4 (Map ID 5): Culvert Cleaninq — Koehrinq & Cypress Roads
This project is a maintenance project within the ARNWR. The existing structure consists of a
flash board riser (57" wide X 8ft w /1ft dropped solid bottom) attached to a 48" discharge pipe 30 ft
long crossing underneath Cypress Road flowing water primarily through the Koehring Road Canal
and the Cypress Road Canal. Over time the 48" X 30' discharge pipe has become silted with
organic muck and woody debris. The Refuge is proposing to clean the pipe out to improve flows
through the canal system. Cleaning the pipe would result in disturbance of an area equal to the
approximate volume of the pipe, approximately 14.0 yd3. There would be some increase in
turbidity for a short distance downstream.
For the purpose of impact assessment, a "'worst case" scenario is included in this analysis. If the
culvert is replaced, the project would require four cofferdams. Each cofferdam would span a
canal approximately 30 feet wide with a depth of about 5 feet. These dams would affect a total
open water area of 0.039 ac with a total volume of about 311.1 yd' of temporary fill. Each
cofferdam would affect approximately 0.001 ac of marsh fringe for a total impact of 0.004 ac. As
a result of not being able to recover 100% of the temporary fill, the project would impact about
0.0019 ac of open water canal bottom habitat with a volume of 15.6 yd of unrecoverable fill
material.
Turbidity would increase in the immediate project area and for a short distance downstream.
Turbidity curtains will be deployed to contain the turbidity plume near the project site. All work will
be done within the existing footprint and from an existing road, resulting in no new disturbance.
Primarily due to low DO and low pH, the canal provides marginal habitat value for a healthy fish
population and use by anadromous species within this interior canal system has not been
documented.
7

Priority 5 (Map ID 2): Culvert Removal — Lona Curve & Milltail Roads
This project is a maintenance project within the ARNWR. The existing structure consists of a
flash board riser (57" wide X 8ft w /1ft dropped solid bottom) attached to a 48" discharge pipe, 40
ft long crossing underneath Long Curve Road at the intersection with Milltail Road. This structure
can also be used to flow water into the farm unit. Over time the 48" X 40' discharge pipe has
become silted with organic muck and woody debris. The Refuge is proposing to remove the
structure as it serves no useful purpose and has been a source of vandalism in the past.
Removing the structure will result in disturbance of an area of the Long Curve Road bed slightly
larger than the pipe, approximately 14.0 yd3. There would be some increase in turbidity for a
short distance around the project site, primarily within a farm unit canal.
Removing the culvert will require two cofferdams. One of the cofferdams would span the Long
Curve Road Canal which is approximately 40 feet wide with a depth of about 6 feet. The second
cofferdam would be constructed across the Milltail Road Canalwhcih is approximately 50 feet
wide and about 6 feet deep. These cofferdams would affect a total open water area of 0.045 ac
with a total volume of about 427 yd of temporary fill. Each cofferdam would affect approximately
0.001 ac of marsh fringe for a total impact of 0.002 ac. As a result of not being able to recover
100% of the temporary fill, the project would impact about 0.0022 ac of open water canal bottom
habitat with a volume of 21.3 yd' of unrecoverable fill material.
r
Turbidity would increase in the immediate project area and for a short distance downstream.
Turbidity curtains will be deployed to contain the turbidity plume near the project site. All work will
be done within the existing footprint and from an existing road resulting in no new disturbance.
Primarily due to low DO and low pH the canal provides marginal habitat value for a healthy fish
8

population and use by anadromous species within this interior canal system has not been
documented.
Prioritv 6 (Map ID 8): Culvert Cleaning — Koehrinq & Pollack Roads
This project is a maintenance project within the ARNWR. The existing structure consists of a
flash board riser (57" wide X 8ft w11ft dropped solid bottom) attached to a 48" discharge pipe 40 ft
long crossing underneath Pollack Road at the intersection with Koehring Road allowing flows to
continue through the Koehring Road Canal and down the Pollack Road Canal. Over time the 48"
X 40' discharge pipe has become silted with organic muck and woody debris. The Refuge is
proposing to clean the discharge pipe out to improve flows through the canal system. Cleaning
the pipe would result in disturbance of an area equal to the approximate volume of the pipe,
approximately 18.6 yd'. There would be some increase in turbidity for a short distance
downstream.
For the purpose of impact assessment, a "`worst case" scenario is included in this analysis. If the
culvert is replaced, the project would require four cofferdams. Each cofferdam would span a
canal approximately 30 feet wide with a depth of about 5 feet. These dams would affect a total
open water area of 0.039 ac with a total volume of about 311.1 yd of temporary fill. Each
cofferdam would affect approximately 0.001 ac of marsh fringe for a total impact of 0.004 ac. As
a result of not being able to recover 100% of the temporary fill, the project would impact about
0.0019 ac of open water canal bottom habitat with a volume of 15.6 yd of unrecoverable fill
material.
i
W��W
•.1
' �
Y
it
Y
tiro p
y.
Turbidity would increase in the immediate project area and for a short distance downstream.
Turbidity curtains will be deployed to contain the turbidity plume near the project site. All work will
be done within the existing footprint and from an existing road resulting in no new disturbance.
E

Primarily due to low DO and low pH the canal provides marginal habitat value for a healthy fish
population and use by anadromous species within this interior canal system has not been
documented.
Priority 7 (Map ID 6): Culvert Cleaning — Milltail & Alligator Roads
This project is a maintenance project within the ARNWR. The existing structure consists of a
flash board riser (57" wide X 8ft w/1 ft dropped solid bottom) attached to a 48" discharge pipe 40 ft
long crossing underneath Milltail Road near the intersection with Alligator Road. Flows through
this system may be towards Milltail Creek or Alligator River depending upon wind direction. Over
time the 48" X 40' discharge pipe has become silted with organic muck and woody debris. The
Refuge is proposing to clean the discharge pipe out to improve flows through the canal system.
Cleaning the pipe would result in disturbance of an area equal to the approximate volume of the
pipe, approximately 18.6 yd'. There would be some increase in turbidity for a short distance
downstream.
For the purpose of impact assessment, a "'worst case" scenario is included in this analysis. If the
culvert is replaced, the project would require four cofferdams. Each cofferdam would span a
canal approximately 40 feet wide with a depth of about 6 feet. These dams would affect a total
open water area of 0.066 ac with a total volume of about 640.0 yd' of temporary fill. Each
cofferdam would affect approximately 0.001 ac of marsh fringe for a total impact of 0.004 ac. As
a result of not being able to recover 100% of the temporary fill, the project would impact about
0.0033 ac of open water canal bottom habitat with a volume of 32.0 yd of unrecoverable fill
material. Turbidity would increase in the immediate project area and for a short distance
downstream.
All work will be done within the existing footprint and from an existing road resulting in no new
disturbance. Primarily due to low DO and low pH the canal provides marginal habitat value for a
10

healthy fish population and use by anadromous species within this interior canal system has not
been documented.
Priority 8a (Map ID 7): Culvert Cleaning — Navv Shell Road & Spring Road, Taylor Road. & Magnolia
Road
This project is a maintenance project within the ARNWR and adjacent to the Dare County
Bombing Range and consists of cleaning /replacing 3 culverts. The existing culverts cross
underneath Taylor Road, Spring Road and Magnolia road providing for aquatic exchange
between the adjacent habitat units. Over time the 30" X 30' culverts have become silted with
organic muck and woody debris. The Refuge is proposing to clean the culverts out to improve
flows through the canal system and restore a more natural hydrologic regime to the affected
forested wetlands within the canal system. Cleaning each pipe would result in disturbance of an
area equal to the approximate volume of the pipe, approximately 5.5 yd3for a total of about 16.5
yd3. If the condition of the culvert warrants replacement, they will be replaced. These culverts
can be replaced under "wet" conditions, thereby eliminating the need for cofferdams.
Navy Shell Road /S
k.
Road Culvert
Nav Shell Road /Taylor Road Culvert
!
Shell Road / Magnolia Road Culvert
iwll
to,�tR:

There would be some increase in turbidity for a short distance downstream. Turbidity curtains will
be used to offset and contain the turbidity plume. All work will be done within the existing
footprint resulting in no new disturbance. All work will be done from an existing road. Primarily
due to low DO and low pH, the canal provides marginal habitat value for a healthy fish population
and use by anadromous species within this interior canal system has not been documented.
Prioritv 8b (Map ID 7): Water Control Structure Installation — Navv Shell Road & Tavlor Road
This project is a maintenance project within the ARNWR and adjacent to the Dare County
Bombing Range and consists of installing one new culvert to enhance water management
capabilities by maintaining a more natural aquatic regime in forested wetlands. At the present
time, sustained water level is too high and is killing trees due to extended inundation. The new
structure will be installed underneath Navy Shell Road approximately 50 feet east of the
intersection with Taylor Road. The new structure will consist of a 72" riser, 9 ft long with a 1 ft
dropped solid bottom connected to a 60 inch diameter discharge pipe 60 feet long.
For the purpose of impact assessment, a "'worst case" scenario is included in this analysis.
Installing the culvert will require two cofferdams in the Navy Shell Road Canal. Each cofferdam
would span a canal approximately 50 feet wide with a depth of about 6 feet. These dams would
affect a total open water area of 0.055 ac with a total volume of about 533.3 yd of temporary fill.
Each cofferdam would affect approximately 0.001 ac of marsh fringe for a total impact of 0.002
ac. A third cofferdam would be required on the south side of Navy Shell Road in a canal
approximately 30 feet wide and about 5 feet deep. This dam would affect a total open water area
of about 0.01 ac with a total volume of about 77.8 yd of temporary fill. The cofferdam would
affect approximately 0.001 ac of marsh fringe. As a result of not being able to recover 100% of
the temporary fill, the project would impact about 0.0033 ac of open water canal bottom habitat
with a volume of 30.6 yd of unrecoverable fill material. Sheet piling would be used on one end of
the Taylor Road culvert in lieu of a fourth cofferdam.
Navy Shell Road New Water Control Structure Site
— South side
Nave Shell
— North side
12

Turbidity would increase in the immediate project area and for a short distance downstream.
Turbidity curtains will be deployed to contain the turbidity plume near the project site. Primarily
due to low DO and low pH the canal provides marginal habitat value for a healthy fish population
and use by anadromous species within this interior canal system has not been documented.
Priority 9 (Map ID C): Gadwall Road Canal
This project is a maintenance project within the ARNWR. The borrow canal was created when
Gadwall Road was constructed and it has become plugged mostly with mats of alligator weed
and some woody debris. The floating vegetation mats are sufficient for restricting water flow to
the point of impacting the Refuge's ability to efficiently remove water from the farm unit during the
spring and summer and flow water into the management units during the fall and winter. Gadwall
Road also serves as a perimeter dike for the farm unit.
The Refuge is proposing a two - pronged approach to improving water management capabilities
with this farm unit canal. First the alligator weed will be treated with an approved herbicide and
allowed sufficient time for die -off. After die -off, an excavator will remove the dense and thick root
mats. This vegetation will either be trucked to a burn site on the Refuge or allowed to decompose
in the farm field. The extent of the project area is from Link Road to Bobcat Road. Approximate
total length of this project is 8,125 ft (1.6 mi). The total area affected by this project is
approximately 6.2 acres of open water canal habitat. Removing materials affecting flow will result
in a net volume of about 4,986.7 yd'. Through removal of the impediments to flow, the net area
directly impacted is estimated to be approximately 1.5 acres of shallow open water within the
canal. Approximately 0.08 ac of marsh fringe may be temporarily impacted by this project.
These impacts are temporary and relatively short -term.
13

All work will be done from either Gadwall Road or the farm fields, and woody material removed
from the canal will be hauled to a disposal site at the Refuge Borrow Pit. The hauled material will
be burned when it dries. Muck and sediment will be evenly spread over the farm fields. None of
the proposed work will increase the original dimensions or function of the existing canal. There
will be no temporary or permanent fill placed into wetlands as a result of this project.
There will be short-term impacts associated with the removal of flow impediments. Most of the
impacts will be a result of disturbance to the organic muck substrate within the canal resulting in
elevated turbidity. Turbidity curtains will be used to offset and contain the turbidity plume.
Primarily due to low DO and low pH the canal provides marginal habitat value for a healthy fish
population and use by anadromous species within this interior canal system has not been
documented. Primarily due to low DO and low pH the canal provides very little habitat for a
healthy fish population and use by anadromous species does not occur due to the isolated
location of the canal. Invertebrates such as crayfish may realize relatively short-term impacts
while vertebrates such as frogs, turtles, and snakes will be affected over a relatively brief period
of time. The primary benefit from this project will be improved water management capabilities for
managing habitat for migratory birds and other wildlife and for farming operations.
Priority 10 (Mat) ID 10): Culvert Removal /Replacement — Low Curve Road
This project is a maintenance project within the ARNWR. The project consists of removing 1
culvert measuring 30 "X45' and 1 culvert measuring 30 "X40'. These culverts were installed when
this section of Long Curve Road was consistently flooded during even minor storm events. Since
the road was upgraded to a gravel road, these culverts are no longer needed.
rsk
All work will be done from an existing road. The project will impact aquatic habitat on a short -
term basis proportional to the volume of each culvert (total of 15.5 yd3). The impact on open
water will be less than 10 ft' (0.00023 ac) for each culvert for a total impact of 20 ft2 (0.00046 ac).
IV,

The impact on marsh fringe will be about 30 ft2 (0.00069 ac) for each culvert at each end for a
total impact of 60 ft2 (0.0014 ac) per culvert. Total marsh fringe impact for excavation of both
culverts will be about 120 ft2 (0.0028 ac). As the structures are underneath the road, there will be
no temporary or permanent fill placed into wetlands. Upon excavation and removal of the
culverts, the road bed will be backfilled and covered with crushed stone. Cofferdams will not be
required for this project. Primarily due to low DO and low pH the canal provides marginal habitat
value for a healthy fish population and use by anadromous species has not been documented.
Prioritv 11 (Map lD 9): Culvert Removal /Replacement — Lona Curve Road
This project is a maintenance project within the ARNWR. The project consists of removing four
(4) culverts underneath Long Curve Road. These culverts measure 30 "X45' each and they were
installed when this section of Long Curve Road was consistently flooded during even minor storm
events. Since the road was upgraded to a gravel road, these culverts are no longer needed.
All work will be done within an existing culvert footprint and from an existing road, resulting in no
new disturbance. The project will impact aquatic habitat on a short-term basis proportional to the
volume of each culvert (total of 32.8 yd'). The impact on open water will be less than 10 ft2
(0.00023 ac) for each culvert for a total impact of 40 ft2 (0.00092 ac). The impact on marsh fringe
will be about 30 ft2 (0.00069 ac) for each culvert at each end for a total impact of 60 ft2 (0.0014
ac) per culvert. Total marsh fringe impact for excavation of the four culverts will be about 240 ft2
(0.0055 ac). As the structures are underneath the road, there will be no temporary or permanent
fill placed into wetlands. Upon excavation and removal of the culverts, the road bed will be
backfilled and covered with crushed stone. Cofferdams will not be required for this project.
Primarily due to low DO and low pH the canal provides marginal habitat value for a healthy fish
population and use by anadromous species has not been documented
Prioritv 12 (Map 1D 3): Culvert Removal /Replacement — Blueberry Road and Milltail Road
This project is a maintenance project within the ARNWR. The project consists of removing one
(1) culvert measuring 96 "X40' and replacing it with one (1) water control structure consisting of a
flashboard riser (102 "X 8ft with a 1 ft dropped, solid bottom) attached to a 72 "X40' culvert
discharge pipe. Beaver guards may be installed on this structure on an experimental basis and,
hopefully, reduce maintenance costs associated with removal of beaver dams and debris. The
newly installed water control structure will be in the same footprint as the removed culvert. This
structure will greatly improve water management capabilities for restoring a more natural wetland
hydrology and will be used to manage hydrology for reducing the potential and severity of wildfire.
15

All work will be done within an existing culvert footprint and from an existing road resulting in no
new disturbance. Open water habitat will be affected to the extent of the volume of the culvert
(74.4 yd') and turbidity is expected to increase adjacent to the project site. Turbidity curtains will
be used to contain the turbidity plume. Approximately 480 ft' (0.011 ac) of road bed will be
excavated to remove the existing culvert. The new structure will be placed into the same footprint
and covered with the excavated material. There is a marsh fringe at the project site and some
impacts will occur to this wetland type due to coffer dam construction /removal and removing the
culvert in preparation for installing the water control structure.
Two cofferdams will be required to install the flash board riser structure. Each cofferdam would
be L- shaped and would effectively span 2 canals. The "upstream" cofferdam system would span
the Milltail Road Canal and would intersect with the cofferdam spanning the Blueberry Road
Canal. The Milltail Canal section is about 50 feet wide and would impact about 0.028 ac of open
water habitat with a total volume of 266.7 yd3. The Blueberry Canal segment is about 40 feet
wide and would impact 0.017 ac of open water habitat with a total volume of about 160 yd3. Total
impacts from this cofferdam system are estimated to be 0.045 ac of open water habitat with a
volume of 386.7 yd3.
The "downstream" cofferdam system would span the Milltail Road Canal (about 50 feet) and
would then tie back into Blueberry Road across a Phragmites marsh and partially blocked ditch
(about 30 feet). The Milltail Canal section is about 50 feet wide and would impact about 0.028 ac
of open water habitat with a total volume of 266.7 yd3. The Blueberry Road ditch segment is
about 30 feet wide and would impact 0.010 ac of open water habitat with a total volume of about
77.8 yd3. Total impacts from this cofferdam system are estimated to be 0.038 ac of open water
habitat with a volume of 344.5 yd3.
16

Total open water impacts from the two cofferdam systems is approximately 0.083 ac requiring
about 731.2 yd' of temporary fill. Each cofferdam would impact an area of marsh fringe about 6
feet wide by about 24 feet long at each end on the road shoulder side slopes. With two road "tie -
ins" per cofferdam this amounts to a total area of 288 ft2 per cofferdam for a total impact of 576 ft2
(0.013ac) of road shoulder marsh fringe habitat. An additional area of wetland impact where
each dam intersects to create the L -shape is about 24 feet wide by about 40 feet long for a total
area of about 960 ft2 per dike. This amounts to an additional wetland impact of 1920 ft2 (0.044
ac) of wetland impact.
As the new water control structure will be underneath Blueberry Road and totally within the
existing footprint, there will be no permanent fill expansion into wetlands. As a result of not being
able to recover 100% of the temporary fill, the project would impact about 0.007 ac of open water
canal bottom habitat and wetlands with a volume of 36.6 yd of unrecoverable fill material.
Turbidity would increase in the immediate project area and for a short distance downstream but
would be contained through the use of silt curtains.
Primarily due to low DO and low pH the canal provides marginal habitat value for a healthy fish
population and use by anadromous species has not been documented at or near this site.
Priority 13 (Map ID 8): Milltail Road Canal
The borrow canal created when Milltail Road was constructed has become plugged in some
locations with woody debris and floating vegetation mats sufficient for restricting water flow to the
point of impacting the Refuge's ability to efficiently remove water from the farm unit during the
spring and summer and flow water into the management units during the fall and winter. Milltail
Road also serves as a perimeter dike for the farm unit.
The Refuge is proposing to remove the woody debris along with some muck and floating
vegetation from the beginning of the canal near US Highway 64 Road to Long Curve Road.
Approximate total length of this project is 12,144 ft (2.3 mi) and the approximate average width of
the canal is 30 feet. The total area affected by this project is approximately 8.4 acres of open
water canal habitat. Removing materials affecting flow will result in a net volume of about 6,746.7
yd', Through removal of the impediments to flow, the net area directly impacted is estimated to
be approximately 2.1 acres of shallow open water within the canal. Approximately 0. 10 ac of
marsh fringe may be temporarily impacted by this project. These impacts are temporary and
relatively short -term.
All work will be done from either Milltail Road or the farm fields and woody material removed from
the canal will be hauled to a disposal site at the Refuge Borrow Pit. The hauled material will be
burned when it dries. Muck and sediment will be evenly spread over the farm fields. None of the
proposed work will increase the dimensions or function of the existing canal. There will be no
17

temporary or permanent fill placed into wetlands as a result of this project. There will be short -
term impacts associated with the removal of flow impediments. -Most of the impacts will be a
result of disturbance to the organic muck substrate within the canal. Invertebrates such as
crayfish may realize relatively short-term impacts while vertebrates such as frogs, turtles, and
snakes will be affected over a relatively brief period of time. Primarily due to low DO and low pH
the canal provides very little habitat for a healthy fish population and use by anadromous species
does not occur due to the isolated status of the canal. The primary benefit from this project will
be improved water management capabilities for managing habitat for migratory birds and other
wildlife and for farming operations.
The Refuge has attempted to minimize wetland impacts to the maximum extent possible. Where there
will be impacts an attempt was made to overestimate impacts rather than underestimate them. Table 2
summarizes the approximate impacts on a project -by- project basis. Since each project will be completed
as time, funding, and weather conditions allow, the total impact estimates will not occur at one point in
time. Instead, individual project impacts will be occurring on a smaller scale and all projects will be
competed over a period of several months. Each project site will most likely be partially or fully
recovered from the relatively short-term and temporary effects before the next project begins at a new
location.
Table 2. Summary of wetland impacts resulting from the hydrologic restoration and water management
improvement project at ARNWR, Dare County, North Carolina.
C 1.5 0..08 1.580 1.58 0
TOTAL 8.104 0.371 8.476 8.454 0.018
" Based upon using the same footprint as the previous structure with no new fill in wetlands or open water
habitat
Temporary Fill
Cofferdams: Culverts and water control structures can be replaced under either "wet" or "dry" conditions.
Straight culverts can be installed or replaced under either condition with the proper equipment. Water
18
Net Wetland Impact (ac)
Net Impact by Type (ac)
MAP
ID
Open
Marsh
Total (all
Temporary
Permanent"
water
fringe
wetlands)
1
0.033
0.002
0.0350
0.0333
0.0017
2
0.029
0.003
0.0320
0.0306
0.0014
3
0.083
0.013
0.0960
0.089
0.007
4
0.056
0.003
0.0590
0.0557
0.0033
5
0.039
0.004
0.0430
0.0411
0.0019
6
0.066
0.004
0.0700
0.0667
0.0033
7a
0.019
0.002
0.0210
0.02
0.001
7b
0.065
0.002
0.0670
0.0651
0.0019
8
0.012
0
0.0120
0.012
0
9
0.00092
0.0055
0.00642
0.00642
0
10
0.0014
0.0028
0.0042
0.0042
0
A
4.1
0.15
4.250
4.25
0
B
2.1
0.10
2.200
2.20
0
C 1.5 0..08 1.580 1.58 0
TOTAL 8.104 0.371 8.476 8.454 0.018
" Based upon using the same footprint as the previous structure with no new fill in wetlands or open water
habitat
Temporary Fill
Cofferdams: Culverts and water control structures can be replaced under either "wet" or "dry" conditions.
Straight culverts can be installed or replaced under either condition with the proper equipment. Water
18

control structures need to be placed into the drainage system at the right with the invert at the correct
elevation and as level /vertical as possible to ensure proper function. Best results for water control
structures are achieved when they are installed under "dry" conditions. Installing under "dry" conditions
requires the use of cofferdams, or in some situations, sheet piling. Given the soils and conditions at
ARNWR, the most practical method is to use temporary fill for cofferdams. Depending upon canal
dimensions and the number of intersecting canals, from one to four cofferdams will be required for
replacing water control structures. As can be seen from the analysis in Appendix I, Table 2, each
cofferdam can impact from 0.01 ac up to 0.028 ac of open water in the canal system. Temporary fill for
cofferdams will be kept to the minimum amount necessary to create safe working conditions.
Cofferdams are not required for the canal cleaning projects.
Temporary Fill Removal. The volume of temporary fill material placed in any of the project area canals
and wetlands will be removed upon project completion to the maximum extent possible. However, it is
not possible to remove 100% of the fill material in the canal due to fluid properties resulting from
interaction of fill material with canal water. Original elevations and contours, if any are affected, will be
restored as precisely as possible upon completion of the project and seeding /mulching will be done
where necessary.
Permanent Fill
There will be little to no permanent new fill in wetlands of open water for this project. Limited permanent
fill will occur only to the extent that not all of the temporary fill used for cofferdams will be recoverable
and limited amount of fill will slough off when backfilling over replaced structures. By assuming a 5%
loss of the temporary fill, the Refuge's best estimate is approximately 0. 12 acre of permanent fill (1109.8
yd3) resulting from this project. Although we know cofferdams will not be required for all projects, this
estimate is a "worst case" estimate as it assumes there will be four cofferdams for each of the canal
widths and that all culvert/water control structure projects will require 4 cofferdams. Measures will be
taken to minimize the amount of new, permanent fill in wetlands and open water canal habitat to the
maximum extent possible. Cofferdams will not be used at project sites where the Refuge determines
work can be done under "wet" conditions at the time of project implementation. Upon completion of
construction each project site will be seeded and mulched as necessary.
Forested Wetland Resilience
Some effects of climate change are clearly visible on the Albemarle Peninsula: the area's peat soils may
be degrading more quickly due to the interaction of peat, saltwater, and certain microbes and natural
plant communities are undergoing changes in species composition from woody trees and shrubs to
marsh as a result of saltwater intrusion. As land managers, we can take steps now to make this
Peninsula's ecosystems more resilient to climate change. Slowing the rate of salt water intrusion will
reduce the rate of transition from forested wetlands to brackish /salt marsh. Based upon what has been
learned from the Point Peter Road and Lake Worth Road projects the Refuge believes this hydrologic
restoration and improved water management project will add substantial resilience to the forested and
emergent wetlands affected by the canal system on these portions of the Refuge. In addition,
maintaining a more natural wetland hydrology will reduce the potential for wildfires.
NEPA Compliance
Under Department of Interior policy this project is considered to be a Categorical Exclusion pursuant to
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The enclosed Environmental
Action Statement provides references to the departmental manual if further documentation is needed.
Dare Countv Land Use Plan
The existing land use is classified as conservation in the Dare County Land Use Plan. Basically, the
conservation classification would allow residential development but discourages other types of
development not considered to be "traditional accessory uses ". This project is designed to minimize the
I�

extent of disturbed area and will enhance the abilities of the Department of Defense and the Refuge to
reduce wildfire potential through improved water management capabilities. Although there will be
additional disturbed area, effects of this disturbance will be short -term and there will be an overall net
benefit to adjacent and nearby ecosystems as a result of this work.
There will be few, if any long -term impacts resulting from this overall project beyond those that occurred
when canal and road network was first constructed. Most, if not all, of the impacts that will occur would
be considered short term and they have been minimized to the maximum extent possible. In addition,
this project will contribute to an additional body of knowledge regarding adaptive management strategies
that may be feasible on a local, regional, or landscape scale within the context of rising sea level.
Managing for more natural wetland conditions will result in greater habitat resilience to the effects from
rising sea level and will improve and extend the quality of habitat for migratory birds, other wildlife, and
invertebrates over the project life and will, hopefully, offset short -term impacts. For these reasons, the
Service believes that the proposed project is fully consistent with the spirit and intent of the conservation
classification in the Dare County Land Use Plan.
Coastal Management Program Obiectives and Policies
Proiects within Areas of Environmental Concern
Pursuant to 15A NCAC 07H .0205, management objectives have been established for conservation of
coastal wetlands for the purpose of preserving and perpetuating their biological, social, economic and
aesthetic values. To fulfill these objectives, uses which are not water - dependent are not allowed in
coastal wetlands pursuant to 15A NCAC 07H .0208(a)(1). Coastal wetlands are defined by
administrative code as those salt marshes or other marshes subject to regular or occasional flooding by
tides, including wind tides and include some, if not all of 10 species of plants. There will be a small fringe
(less than 1.5 feet wide) of coastal wetlands along the nearly vertical canal banks at some of the project
sites. A best estimate is that a range of about 0.001 ac up to about 0.008 ac of these wetlands would be
impacted temporarily by these projects when the water control structures are cleaned or replaced and a
total of about 0.08 ac up to about 0.15 ac would be affected by the canal cleanout projects. These
relatively small impacted areas should recover within the first growing season. Bare soil will be stabilized
by seeding and mulching. From this information we have concluded that the proposed project is
consistent with the management objectives of 15A NCAC 07H .0205.
Pursuant to 15A NCAC 07H .0206, management objectives have been established for conservation of
estuarine waters for the purpose of preserving and perpetuating their biological, social, economic and
aesthetic values. To fulfill these objectives, uses which are not water - dependent are not allowed in
estuarine waters pursuant to 15A NCAC 07H .0208(a)(1). Estuarine waters are defined to include all of
the waters of the Atlantic Ocean within the boundary of North Carolina and all of the waters of the bays,
sounds, rivers, and tributaries thereto seaward of the dividing line between coastal fishing waters and
inland fishing waters. Cleaning and replacing the existing culverts and water control structures are water
dependent activities. There will be a need to construct temporary cofferdams in farm fields and inland
canal waters for installation of the water control structures in the canal system. Sheet piling will also be
considered instead of a cofferdam for this work in some areas. Where cofferdams are used, they will be
constructed from sandy material that is relatively silt free to minimize increases in turbidity. In addition,
turbidity curtains will be used to minimize effects from a turbidity plume. All fill material will be removed
upon project completion. Although there will be some short -term impacts from the overall project, the
long -term net benefit to project area wetlands and the adjacent estuary will more than offset those
impacts. Based upon the information provided in the statutes and administrative codes, there are no
features in the design of this project that would be inconsistent with the management objectives of 15A
NCAC 07H .0206.
Pursuant to 15A NCAC 07H .0207, management objectives have been established for development of
public trust areas for the purpose of protecting public rights for navigation, recreation, and management
20

of public trust areas for the purpose of saving and perpetuating their biological, economic and aesthetic
values. To fulfill these objectives, uses which are not water - dependent are not allowed in public trust
areas pursuant to 15A NCA C 07H .0208(a)( 1). Public trust areas are defined as waters of the Atlantic
Ocean and lands thereunder from the mean high water mark to the seaward limit of the State jurisdiction,
including all natural bodies of water subject to measurable lunar tides and lands thereunder to the mean
high water mark. These public trust areas include all navigable water bodies and lands thereunder to the
mean high water level or mean water level as the case may be. There are no features in the design of
this project that would affect public trust areas in a permanent, adverse way. The general public has and
will continue to have access to these waters within the Refuge and those waters adjacent to the Pamlico
Sound, including all tributaries thereof. We have determined that the project will not result in long -term
direct impact on waters of the State of North Carolina and therefore will not have a permanent, adverse
impact on public trust areas. Based on the above information the proposed project is consistent with
management objectives of 15A NCAC 07H.0207.
Pursuant to 15A NCAC 07H .0209, management objectives have been established to ensure that coastal
shoreline development is compatible with the dynamic nature of shorelines, and North Carolina's
objectives for conserving and managing the important natural feature's of the estuarine and ocean
systems. Coastal shorelines are defined as estuarine shorelines and public trust shorelines. Estuarine
shoreline areas of environmental concern are those non -ocean shorelines extending from the normal
high water level or normal water level along the estuarine waters, estuary sounds, bays, fresh and
brackish waters, and public trust areas for a distance 75 feet landward. Except for the Buffalo City Road
Canal, none of the overall project features fall within the boundaries of the estuarine shoreline area of
environmental concern. Since most of the work associated with this overall project will be completed
from existing roads and farm fields and because there will be no change in the function or capacity of any
of the structures beyond their original design other than to restore a more natural wetland hydrology and
provide for more efficient water management capabilities, the Service believes that the proposed project
will not have any long -term or significant impact on either the public trust or the estuarine shoreline areas
of environmental concern. We further believe the project is fully consistent with the management
objectives of 15A NCAC 07H .0209.
Pursuant to 15A NCAC 07H .0303, management objectives have been established to ensure that
development in ocean hazard areas is compatible with the goals of eliminating unreasonable danger to
life while achieving a balance between the financial, safety, and social factors involved in development of
these areas. Ocean hazard areas include ocean erodible areas, where there exists a substantial
possibility of excessive erosion and significant shoreline fluctuation; high hazard flood areas; inlet hazard
areas; and un- vegetated beach areas. The proposed project is not located within or in reasonable
proximity to any ocean hazard areas as defined at 15A NCAC 07H .034. No further analysis is required
regarding the proposed project's consistency with the objective of 15A NCAC 07H 0303.
Pursuant to 15A NCAC 07H .0505, management objectives have been established to both protect
habitats necessary for survival of threatened and endangered plants and animals, and minimize land use
impacts that might jeopardize these habitats. Since the refuge provides habitat for the red - cockaded
woodpecker, red wolf, American alligator and is within the historic range of sensitive joint vetch, an Intra-
Service Section 7 Biological Evaluation was prepared by the refuge and reviewed by the U. S. Fish &
Wildlife Service, Division of Ecological Services. The conclusion from this evaluation was that the
proposed project is not likely to have an adverse effect on any listed species. Based on this
determination, the proposed project is consistent with the management objectives of 15A NCAC 07H
.0505.
Pursuant to 15A NCAC 07H .0506, management objectives have been established to protect the
features of designated coastal complex natural areas for the purpose of safeguarding these areas'
biological relationships, and educational, scientific and aesthetic values. The project does not contain
any design feature that would be inconsistent with the management objectives of 15A NCAC 07H
0506.
21

Pursuant to 15A NCAC 07H .0507, management objectives have been established to protect unique
coastal geologic formations for the purpose of preserving the formation's physical components that serve
as important scientific and educational sites, or as valuable scenic resources. Aside from considering
the barrier island system as a unique geologic formation, the only designated unique coastal geologic
formation in the area is Jockey's Ridge (15A NCAC 07H .0507[c][3]). Jockey's Ridge is located within
the Town of Nags Head more than 20 miles from the proposed project site. Therefore, implementing the
project will have no effect on this designated, unique coastal geologic formation and it is consistent with
the management objectives of 15A NCAC 07H .0507.
Pursuant to 15A NCAC 07H .0509, management objectives have been established to conserve
significant coastal archeological resources for the purpose of preserving their value as scientific,
educational, and aesthetic resources. Based upon coordination with Mr. Rick Kanaski, USFWS Region 4
Archaeologist, who has coordinated the project with the State Historic Preservation Office (SHPO), there
are no cultural or archaeological resources that would be affected by this project. Similarly, this project
will not affect the historical or cultural landscape values of the refuge as defined by Section 106 of the
National Historic Preservation Act (16 U.S.C. 470f). Therefore the proposed structure is consistent with
the management objectives of 15A NCAC 07H .0509.
Pursuant to 15A NCAC 07H .0510, management objectives have been established to conserve
significant coastal historic architectural resources for the purpose of preserving their value as scientific,
educational, and aesthetic resources. Based upon coordination with Mr. Rick Kanaski, USFWS Region 4
Archaeologist who has coordinated the project with the State Historic Preservation Office, there are no
historic architectural resources that would be affected by this project. Therefore the proposed structure
is consistent with the management objectives of 15A NCAC 07H .0509.
Pursuant to 15A NCAC 07H .0600, management objectives have been established for all AECs for the
purpose of preventing pollution of shellfish waters, maintaining aircraft safety, and preventing noise
pollution resulting from airspace activity. The proposed project will not adversely affect any of these
resources. Shellfish water quality in surrounding estuarine waters may improve as a consequence of
improving outflow management with the project. Therefore the project is consistent with the management
objectives of 15A NCAC 07H .0600.
Protects Outside Areas of Environmental Concern
Pursuant to 15A NCAC 07M .0301, it is the policy of North Carolina to foster, improve, enhance, and
ensure optimum access to the public beaches and waters of the 20 coastal counties concurrent with
needs of private property owners and protection of important coastal natural resources on public
beaches and water. The proposed project will have no effect on public beaches of the area. Therefore,
the project is consistent'with the pubic access policy outlined at 15 NCAC 07M .0301.
Pursuant to 15A NCAC 07M .0401, it is the policy of North Carolina that development of energy
resources and facilities shall avoid significant adverse impacts upon vital coastal resources or uses, and
public trust or access areas. To foster compliance with this policy, Impact Assessments are required for
Major Energy Facilities as defined at 15A NCAC 07M .0402(b). Neither the refuge nor the water
management project meet the definition of a Major Energy Facility. Therefore, no further action is
required regarding the consistency of the CCP with the energy policy outlined at 15 NCAC 07M .0401.
Pursuant to 15A NCAC 07M .0501, it is the policy of North Carolina that all state agencies coordinate
activities in coastal areas for the purpose of reducing the damage from coastal disasters. In accordance
with this policy, local governments must include disaster planning activities in their land use plans,
temporary emergency housing must be located outside of hazardous areas, and building repair and
reconstruction activities must comply with the standards of the Guidelines for Areas of Environmental
Concern, North Carolina Building Code (including wind resistant standards), the National Flood
22

Insurance Program, and local reconstruction plans. There are no features of this project wherein there is
a requirement to conform to all federal, state, and local building codes and flood insurance guidelines.
Based on the above information, the project is consistent with the guidelines and policies of 15A NCAC
07M .0501.
Pursuant to 15A NCAC 07M .0601, it is the policy of North Carolina that floating structures used for
residential or commercial purposes not infringe upon public trust rights nor discharge into public trust
waters. The project does not involve construction or use of floating structures; therefore, no further
action is required regarding the consistency of the proposed project with the floating structure policy
outlined at 15A NCAC 07M .0601
Pursuant to 15A NCAC 07M .0701, it is the policy of North Carolina that adverse impacts to coastal lands
and waters will be mitigated through proper planning, site selection, compliance with development
standards, and creation or restoration of coastal resources. For a project requiring mitigation to be
approved, pursuant to 15A NCAC 07M .0703 the following conditions must be met: there must be no
reasonable and prudent alternatives to the project design or site; the entire project must be dependent
upon close proximity to public trust waters and coastal wetlands; the public benefits must clearly
outweigh the long range adverse effects to the environment; and all reasonable means and measures to
lessen the impacts of the project are incorporated into the project design. No permanent or long -term
adverse impacts to coastal lands or waters are anticipated; therefore, no further action is required
regarding the consistency of the proposed project with mitigation guidelines and policies outlined at 15
NCAC 07M.0701.
Pursuant to 15A NCAC 07M .0801, it is the policy of North Carolina that no land or water use shall
cause the degradation of water quality so as to impair traditional uses of coastal water such as fishing,
swimming, hunting, boating, and commerce. Because all waters of the State within the coastal area
have potential for uses requiring optimal water quality pursuant 15A NCAC 07M .0802(c) - methods
must be adopted to control development so as to eliminate harmful runoff which may impact the
sounds and rivers of the coastal areas. No adverse impacts to water quality are anticipated; therefore,
no further action is required regarding the consistency of the proposed project with mitigation
guidelines and policies outlined at 15 NCAC 07M .0801.
Pursuant to 15A NCAC 07M .0901, it is the policy of North Carolina that use of aircraft for the purpose of
managing and protecting coastal resources, detecting violations of environmental rules and laws, and
performing public health, safety and welfare services is of vital public interest. To insure access to
airspace, pursuant to 15A NCAC 07M .0901 access corridors free of special use airspace designations
shall be preserved along the length of the barrier island and laterally at intervals not to exceed 25 miles
for the purpose of providing unobstructed access to the coastline, and development of aviation related
projects shall, to the maximum extent practicable facilitate use of aircraft by local, state, and federal
government agencies. The project is not aviation related, nor is it proposing an aircraft access corridor;
therefore, no further action is required regarding consistency with the aircraft usage policy outlined at 15
NCAC 07M.0901,
North Carolina Dredqe and Fill Law
The proposed facility will result in temporary filling in estuarine waters for cofferdams and a construction
staging area. Essentially no permanent new fill will be required for cleaning or replacing structures
described in this project. There will be some unavoidable permanent fill since it is not possible to retrieve
all of the temporary cofferdam fill material and small amounts of fill will slough off when covering replaced
structures. The total amount of unavoidable, permanent fill is estimated to be less than 0.12 ac for all of
the projects. The refuge is in the process of obtaining Nationwide Permit 3 which authorizes construction
of temporary cofferdams. Therefore, no further action is required regarding compliance with NCGS
113.229
23

Required State and Local Permits
Due to the relatively small extent of "on- the - ground" impacts, this project does not require either a
Stormwater Management Plan or a Sediment and Erosion Control Plan. However, stringent measures
will be incorporated to prevent or minimize adverse impacts due to runoff. Silt curtains will be used and
any disturbed site will be re- vegetated as work at the site is completed. All fill temporary fill material will
be taken either from the Long Curve Road Borrow Pit site of the Stumpy Point Disposal Cell containing
clean, fine -to- medium medium grain sand dredged from the federal Stumpy Point Navigation Channel
and the state Emergency Ferry terminal channel and basin.
Conclusion
Although this project involves mostly routine maintenance or management actions with regard to refuge
lands, we recognize that there are components that may have not been subjected to a sufficient review
as defined by Section 113A- 103(5)(a) and Section 113A- 103(5)(b) of the North Carolina General
Statutes. Consequently, we are submitting this Consistency Determination for your consideration. The
refuge staff is committed to working cooperatively with all State and Federal agencies to ensure full
compliance with law, regulation, and policy at all times. Consequently, we have determined that
implementation of this hydrologic restoration and improved water management project as planned is fully
consistent with the enforceable policies of North Carolina's federally approved Coastal Management
Program. If you have questions please contact Dennis Stewart, Refuge Biologist at (252) 473 -1132 ext.
231.
24

APPENDIX I
HYDROLOGIC RESTORATION and IMPROVED WATER
MANAGEMENT PROJECT
Impact Assessment Tables
25

Appendix I, Table 1a: CULVERT IMPACT AREA ESTIMATES
Volume of Culverts
Dia (in)
Radius (in)
length (ft)
length (in)
V (in')
V (yd 3)
Quantity
Voltot
30
15
30
360
254340
5.5
1
5.5
30
15
40
480
339120
7.3
1
7.3
30
15
45
540
381510
8.2
2
16.4
36
18
40
480
488333
10.5
1
10.5
36
18
45
540
549374
11.8
2
23.6
48
24
30
360
651110
14.0
2
27.9
48
24
40
480
868147
18.6
2
37.2
72
36
40
480
1953331
41.9
1
41.9
96
48
40
480
3472589
74.4
1
74.4
0
2785
0
0
0.0
924.0
0.0
0
0.06
0
0
0.0
0.0
13
244.5
Appendix 1, Table 1b: Disturbed Area During Installation /Cleaning
Length (ft)*
Width (ft)
Area (ftz)
Acreage
Depth (ft)
V(yd3)each
V(yd3)TOT
V(yd3)NET
34
5
170
0.004
5
31.5
31.5
26.0
44
5
220
0.005
5
40.7
40.7
33.5
49
5
245
0.006
5
45.4
90.7
74.4
44
6
264
0.006
5
48.9
48.9
38.4
49
6
294
0.007
5
54.4
108.9
85.3
34
8
272
0.006
6
60.4
120.9
93.0
44
8
352
0.008
6
78.2
156.4
119.2
44
10
440
0.010
8
130.4
130.4
88.5
44
12
528
0.012
10
195.6
195.6
121.1
Tot
2785
685.5
924.0
679.5
Tot (ac)
0.06
* = length of culvert plus riser width plus "installation zone"
26

Appendix I, Table 2a: Cofferdam Impact Assessment
Canal Dimensions
Cofferdam
Impacts per cofferdam # Cofferdams
required
Total Cofferdam Impact
Width (ft)
Depth (ft)
Width (ft)
Area (ac)
Volume (yd')
Width (ft)
Area (ac) Volume (yd')
30
5
14
0.010
77.8
1
0.010 77.8
30
5
14
0.010
77.8 I
2
0.019 155.6
30
5
14
0.010
77.8 I
3
0.029 233.3
30
5
14
0.010
77.8
4
0.039 311.1
40
6
18
0.017
160.0
1
0.017 160.0
Ij 40
6
18
0.017 I
160.0
2
0.033 320.0
40
6
18
0.017 I
160.0
3
0.050 480.0
40 I
6
18
0.017 I
160.0
4
0.066 640.0
50 I
6
24
0.028
266.7
1
0.028 266.7
50 I
6
24
0.028
266.7
2
0.055 533.3
50 I
6
24
0.028
266.7
3
0.083 800.0
50 I
6
24
0.028
266.7
4
0.110 1066.7
Appendix I,
Table 2b: Permanent
Fill Impact Analysis*
Canal
# Cofferdams
* **
Area (ac)
Volume (yd 3)
Width **
30
4
0.02
171.11
40
4
0.04
352.00
50
4
0.06
586.67
TOTAL
0.12
1109.78
*Assumes 5% loss from temporary
fill; ** Each
of the canal widths will require cofferdams; Each project site will require 4
cofferdams
Appendix I, Table 3a: CANAL CLEANOUT IMPACTS - TOTAL
CANAL
Canal
Canal
Canal
Total
Affected
Total
Affected
Total
Affected
Length (ft)
Width (ft)
Depth (ft)
Area (ft)
Area (ac)
Volume
(yd')
Buffalo City Road (1.3 mi)
6,864
40
4
274560
6.3
40675.6
Gadwall Road (1.7 mi)
I 8,976
30
2
269280
6.2
19946.7
Milltail Road (2.3 mi)
I 12,144
30
2
364320
8.4
269867 1
Appendix I, Table
3b: CANAL CLEANOUT IMPACTS -
NET
Net
Temporary
Temporary
-
CANAL
Net
Impacted
Impacted
Marsh
Marsh
Area ac
Volume
Fringe
Fringe
"'
(yd
Impact (ft)
Impact (ac);
Buffalo City Road
4.1
26439 1
6692.4
0.15
1
Gadwall Road
1.5
4986.7
3366
0.08
Milltail Road
2.1
6746.7
4554
0.101
27