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HomeMy WebLinkAbout20131279 Ver 9_More Info Requested_20231003ROY COOPER k1j. GovernorELIZABETH S. BISERSecretary RICHARD E. ROGERS, JR. NORTH CAROLINA Director Environmental Quality October 3, 2023 Dare County Dare County Attn: Robert Outten PO Box 1000 Manteo, North Carolina 27954 Subject: REQUEST FOR ADDITIONAL INFORMATION Dare County Hatteras Inlet Channel Maintenance Project USACE Action ID. No. SAW-2023-01122 Dear Mr. Outten: On August 8, 2023, the Division of Water Resources (Division) received a copy of your CAMA application requesting a 401 Water Quality Certification from the Division for the subject project. The applicant, Dare County, is seeking approval to maintain the federal and non-federal channels around Hatteras Inlet. The proposed project is located within a portion of the Pamlico Sound in Dare County, North Carolina. Hatteras Inlet is situated between Hyde and Dare County and consists of various federal and local channels allowing access between the Pamlico Sound and the Atlantic Ocean for commercial and recreational vessels as well as the US Coast Guard (USCG). The applicant's proposed project includes the continuation of routine and emergency maintenance dredging events within federal and non-federal channels associated with the Hatteras Inlet complex. These channels include portions of the federally authorized portion of the Rollinson Channel Project known as the "horseshoe route" and a 7,500-foot (ft) dredge corridor between Cora June Island and the southern terminus of Barney Slough. The proposal also includes the maintenance dredging of the Hatteras Inlet Ocean Bar channel which is not federally authorized. Dredging of these channels would include the use of the USACE fleet of special purpose dredges as well as a small, modified hopper dredge, identified as the Miss Katie and other private dredges to be determined. Dredging operations would be limited between October 1 through March 31 to abide by fisheries considerations. Year-round dredging, however, is proposed within the discrete area defined as "Sloop Channel North" and a segment of the channel extending from south of Cora June Island to the southern terminus of Barney Slough. Within federally authorized channels, sidecast dredging operations will be limited to only those channels for which the USACE has also been authorized to conduct sidecast dredging, which includes the horseshoe route and the 1,500-ft westernmost portion of the channel connecting North Carolina Department of Environmental Quality Division of Water Resources Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889 NORTHCAROLINAD_E !� 252-946-6481 Depa"mem of Environmental Duali� Rollinson Channel to the southern terminus of Barney Slough (previously known as the Hatteras - to -Hatteras Inlet Channel). These actions are described in the USACE's 2014 and 2022 EA/FONSIs (USACE, 2014; USACE, 2022). In addition, sidecast dredging would be used in the Hatteras Inlet Ocean Bar Channel Corridor. Disposal options for the proposed project include the lateral extent of the federally authorized nearshore placement sites off Ocracoke and Hatteras Islands, the sheet pile protection placement area at the northeast end of Ocracoke Island, two open water placement areas in the Pamlico Sound, a deep -water placement site in Barney Slough and a deep -water placement site in proximity to the Hatteras Inlet flood channel. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until the following information is received: 1. The State and Federal Resource agencies have reviewed the proposed maintenance application for the project above. The proposed project would alter the already approved maintenance permits that have been issued for the continued maintenance of the channels and disposal corridors within the Hatteras Inlet Complex. The impacts may remove shallow water habitat areas, SAV habitat, marine resources and management of bird islands. The resource agencies have requested a comprehensive management plan of the Hatteras Inlet Complex such that the USACE Civil Works and Dare County is in sync with the maintenance of these channels and disposal areas. This office agrees with the resource agencies and requires a comprehensive management plan for the continued maintenance of this complex. Unless modified, the existing certifications shall stand unless modified when a special needs occurs. Pursuant to 15A NCAC 2H. 0502 (c) and Title 15A NCAC 02H .0502 (d), the applicant shall furnish all of the above requested information for the proper consideration of the application. If all of the requested information is not received in writing within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Please be aware that you have no authorization under the Clean Water Act for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. North Carolina Department of Environmental Quality Division of Water Resources E Q�1� Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889 NORTHCAROLINA - 252-946-6481 oepanmem or Eemmemeemi aeei� /`� Please contact Robert Tankard at 252-948-3921 or rob ert.tankardPncdenr. oovv if you have any questions or concerns. Sincerely, Plow Tay." Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ Washington Regional Office cc: Josh Pelletier, USACE Washington Field Office (via e-mail) Yvonne Carver, DCM (via e-mail) Heather Coats, DCM (via e-mail) Curt Weychart, DCM (via e-mail) Brad Rosov, Coastal Protection Engineering (via e-mail) DWR Files/Laserfiche North Carolina Department of Environmental Quality Division of Water Resources D E Q Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889 NORTH CAROLINA 252-946-6481 Depa"mem of Envlmnmental � Duality