Manteo_204_-_PCN_Letter_(401_WQC)_-_FINAL_Signed_5June2015

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
REPLY TO
ATTENTION OF: June 5, 2015
Environmental Resources Section
Ms. Karen Higgins
Division of Water Resources, NCDENR
401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699 -1617
Dear Ms. Higgins:
The purpose of this letter is to re -apply to the North Carolina Division of Water Resources
(DWR) for Section 401 water quality certification (WQC) regarding the construction of oyster
reefs within Pamlico Sound, Dare County, North Carolina under Section 204 of the Water
Resources Development Act of 1992. A Section 401 WQC application regarding this proposed
project had been previously provided to DWR (North Carolina Division of Water Quality at the
time) on April 23, 2013. An associated $570 application fee (check number 1388 dated May 7,
2013) had been provided as well. The April 2013 application was returned to the U.S. Army
Corps of Engineers, Wilmington District (Corps) on May 13, 2013, citing inconsistency with
15A NCAC 01C.0107 until a final decision could be made by the State Clearing House (State)
concerning the February 2014 Environmental Assessment (EA) describing this project. The
Corps received comments from the State concerning the EA which were addressed in a Finding
of No Significant Impact (FONSI) dated November 19, 2014. The FONSI is included as an
enclosure to this letter. The proposed project remains unchanged and is as it was described in the
EA. After speaking with Ms. Jennifer Burdette of DWR on May 27, 2015, it was agreed that the
previously provided $570 application fee would be applied to this current Section 401 WQC
application and that no additional fees would be required.
The proposed project includes construction of elevated oyster reefs by placing cultch on top
of material dredged from the federally authorized Manteo, Old House Channel (Range 2)
(Figures 1 and 2). The proposed project will provide benefits in terms of available oyster reef
habitat, larval migration and recruitment, and water quality improvements in Pamlico Sound,
Dare County, North Carolina. The North Carolina Division of Marine Fisheries (DMF) also
requested that the Corps investigate opportunities for oyster restoration in the Pamlico Sound
estuary system, indicating willingness and financial capability to execute a project partnership
agreement (PPA) should a detailed project report be approved. The proposed project would
contribute to the DMF's oyster restoration goals in Pamlico Sound, and satisfy the Corps'
operational dredging and disposal needs for Old House Channel (Range 2).
Range 2 of Old House Channel nearly bisects the study area, which is located approximately
4.5 miles southwest of Oregon Inlet, in Pamlico Sound, Dare County, North Carolina. The study
area and location of proposed oyster reefs are shown in Figures 1 and 2.

-2-
The area proposed for oyster reef development is currently sandy estuarine bottom. Sandy
bottom, and absence of shell bottom, in the proposed project area has been confirmed by side
scan survey and geotechnical borings. Due to the relatively large grain size (sand) of iaterial
proposed to be dredged, and the proposed project area's distance fiom population centers,
industrial sites, and shipping facilities, material contamination is very unlikely. As of the date of
this letter, no other plans exist to construct oyster reefs in the proposed project area. The
proposed project area is removed from known, existing oyster reefs and lacks hard structure and
substrate suitable for oyster recruitment. In the absence of the proposed project, the study area
has no potential to establish oyster reefs.
Three subtidal oyster reefs are proposed to be constructed in close proximity to each other
(spacing of approximately 100 yards), about 1.7 miles northwest of Old House Channel (Range
2) (Figure 2). Using a combination North Carolina Department of Transportation ( NCDOT)
Class B stone (5 -12in diameter) and NCDOT Class 2 armor stone (9 -23in diameter), three 5.07 -
acre containment areas would be constructed for Old House Channel (Range 2) dredged material
placement. These three containment areas would receive a total of approximately 135,000 cubic
yards of dredged material likely via hydraulic pipeline dredge; however, other dredge types may
be used. Oyster reefs would be constructed during a regularly scheduled maintenance dredging
cycle in the proposed project area. Dredged material would be covered with NCDOT Class A
stone (2 -6in diameter) and oyster shell to provide habitat for larval recruitment. In total, the
proposed project will create approximately 18 acres of new oyster reef habitat in Pamlico Sound.
The construction of the proposed project would be a one -time event and may serve as a template
for future oyster reef creation projects which employ beneficial use of dredged materials.
Work would be conducted within current established dredging windows, will not impact
submerged aquatic vegetation or other essential fish habitat, will not incorporate contaminated
sediments, and may affect but is not likely to adversely affect threatened and endangered species
including sea turtles or the West Indian manatee.
Enclosed are five copies of the Section 401 WQC application and five copies of the FONSI
associated with the proposed project described above. If you have any questions, please contact
Mr. Justin Bashaw of my staff at 910- 251 -4581 or at Justin.P.Bashaw @usace.army.mil.
Chief, Environmental Resources Section
Enclosures

q hvsf !3 /!!VpcN po!pdgspgptf e!pzt Lf s!sf f q/!
°$
t
'.
St eel - Sded 16 sr —mile study oyster
ran dnaries and old boas.. cbamrd.
Frop Area
Step 2 - Sidesan Srsar Survey to map aody area resources
�
omm P rea
antl Topography.
Tee
Step 3 - Identify eplsopriate oyster reef site; vo SAV or ehea
© nAnnPl
bottom, ] 1 -feet or deeper, na[ too silty.
Step 4 - Avelyze sedi —by drilling.
A`
'"" ti -..,
Steps --1— to arses with suitable redimeo[
Step 6- Sdect final placemxrt site.
LegeM
eo2c�BOnns
Side -Scan Surrey
w,errain
Frop Area
�
omm P rea
�
- _
Tee
© nAnnPl
�
s
Site Screening
Manteo 204 t
'^ °e manonlo.2 -12oz T