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HomeMy WebLinkAbout20061064 Ver 2_CAMA Application_20161219Montalvo, Sheri A From: Coburn, Chad Sent: Tuesday, December 20, 2016 2:03 PM To: Montalvo, Sheri A; Mairs, Robb L Subject: RE: Wainwright Slough This one is going to be Robb's and the copy is in Jos' box. It's for maintenance excavation within the Wainwright Slough Federal channel. It looks like it should be version 2 of 2006-1064. From: Montalvo, Sheri A Sent: Tuesday, December 20, 2016 12:12 PM To: Coburn, Chad <chad.coburn@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: Wainwright Slough I have a CAMA here for the above. When I search in BIMS a few different ones come up. Which one should I version this to or should it be a new number? Thanks sherf, Mov OLvo Administrative Assistant 401 & Buffer Permitting Branch Division of Water Resources North Carolina Department of Environmental Quality 919-807-6303 (office) 919 807-6494 (fax) sheri.montalvoa,ncderin gov Physical: 512 N. Salisbury St., Ste 942-D, Raleigh, NC 27609 Mailing: 1617 Mail Service Center, Raleigh, NC 27699-1617 1� ----5- ' Nothin + orn res_-,, , Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Coastal Management ENVIRONMENTAL QUALITY December 12, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: PAT MCCRORY Go,rrnor DONALD R, VAN DER VAART Secretory 1 DLP Karen Higgins Division of Water Resources Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Carteret County (Wainwright Slough) BRAXTON DAVIS Dimcior DEC ] 9 2016 Carteret County, Conflux of Pamlico and Core Sound adjacent to Wainwright Island. Proposed Project: Proposes to maintenance excavate Wainwright Slough and place spoils in Wainwright area. Wainwright Slough is a federal channel. Approximately 40,000 CY would be excavated. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 1, 2017. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting -data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE State ofNorth Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-247-3330 (fax) DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Carteret County (Wainwright Slough) 2. LOCATION OF PROJECT SITE: Conflux of Pamlico and Core Sound adjacent to Wainwright Island, Carteret County Photo Index - 2006: No Photo Available Longitude: 76°12'30.65" W Latitude: 34°59'24.63" N 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit —11/1816 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received —12/8/16 Application Complete- 12/12/16 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County Land Classification from LUP — Conservation (B) AEC(s) Involved: EW, PTA, ES, CW (C) Water Dependent: (yes) (D) Intended Use: Public (E) Wastewater Treatment: Existing — N/A Planned — N/A (F) Type of Structures: Existing — Spoil Island, Navigation Aids Planned — Spoil Island (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Open Water lac 10ac (D) Total Area Disturbed: 17 acres (E) Primary Nursery Area: No Shellfish Classification: Open (F) Water Classification: SA-ORW Field Investigation Report: Carteret Co. Page 02 8. PROJECT SUMMARY: Carteret County is proposing to maintenance excavate Wainwright Slough and place spoils in the Wainwright Island area. Wainwright Slough is a federal channel. Approximately 40,000 CY would be excavated. 91. NARRATIVE DESCRIPTION: The Wainwright Slough project is located at the conflux of Pamlico Sound and Core Sound off of Cedar Island, Carteret County. The existing island and federal channel is about half way between Cedar Island and Core Banks. This channel is the navigation route connecting Core Sound and Pamlico Sound Wainwright Island as it exists today is less than .5ac and is covered with Coastal Wetlands comprised of Spartina altemiflora. There is a patch of SAV South of the island. Wainwright Slough has existed as a federal channel since the 1970's. The channel was last excavated in 2013 and is currently experiencing shoaling east of Wainwright Island. The current low water depth in the shoal area is -4'. The US Coast Guard maintains Navigational Aids along this channel. This area of Core Sound is classified as SA-ORW by DWR. It is not a Primary Nursery area. It is open to the harvesting of shellfish. Carteret County's Land Use Plan classifies the future land use of this area as conservation. 10. PROJECT DESCRIPTION: Carteret County is proposing to maintenance excavate Wainwright Slough in an effort to restore navigation for recreational boating and commercial fishing vessels. The excavation would be performed by Hydraulic Dredge with spoils being placed in the area of Wainwright Island. A total of 40,000CY would be removed form Wainwright Slough. The proposed cut would be 2,600' long and 75' wide. Water depth in this area would increase from -4' MLLW to -7' MLLW. Based on samples taken, dredge material is expected to be fine to medium grain size sand. The excavated material would be placed in a 780' X570' area adjacent to what remains of Wainwright Island. Aerial photos indicate that spoils have been placed in this area during previous dredging projects. Water depths in this area would increase from -3' MLLW to +1.5' MLLW. Sand dikes would be constructed to help control the dredge effluent. After excavation is complete, the spoil area would be sloped to a 20:1 grade in order to promote shorebird usage. The consultant(Moffatt & Nichol) has provided a detailed narrative in order to help in the review of this project. 11. Anticipated Impacts: This project should increase navigation of the area by recreational boaters and provide a deeper channel for commercial fishing vessels to safely ingress and egress. There would be lac of EW and PTA excavated and l0ac of EW and PTA filled during this project. Temporary siltation would occur during excavation and could affect neighboring Coastal Wetland and SAV areas. Name: Ryan Davenport Date: 12/9/16 Morehead City 4700 Falls of Neuse Raleigh, NC 27609 Road, Suite 300 m o f t a t f & (919) 781-4626 Fax (919) 781-4869 www.moffattnichol.com December 7, 2016 Mr. Ryan Davenport N.C. Division of Coastal Management (NCDCM) 400 Commerce Avenue Morehead City, NC 28557 Re: NCDCM Major Permit Application Wainwright Slough Dredging, Carteret County, North Carolina Dear Mr. Davenport: As authorized agent for Carteret County, please find enclosed an NCDCM Major Permit application for the above referenced project. The permit package includes NCDCM Forms MP -1 and MP -2, permit drawings, and additional information in support of the project. The application fee of $475.00 is being provided under separate cover by the County. We would appreciate review of this application at your earliest convenience as it is imperative that we initiate actions as soon as possible to support ongoing commercial fishing that depend on access through Wainwright Slough. Please feel free to call me if you have any questions or need additional information. Sincerely, MOFFATT & NICHOL Johnny Martin, P.E. Senior Coastal Engineer Enclosures cc: Greg "Rudi" Rudolph, Carteret County Robert Neal, Moffatt & Nichol Overall Summary- of Information to Support a CAMA Major Development Permit Wainwright Slough Dredging, Carteret County, NC Attachment A: A signed agent authorization letter from Carteret County. The letter authorizes Moffatt & Nichol to represent the County in efforts to obtain state and federal permits for the proposed maintenance work in Wainwright Slough. 2. Attachment B: NCI)CM Permit forms (MP -1 &: MP -2). Attachment C: The permit drawings for Wainwright Slough maintenance event. No work has been conducted for the proposed project. Previous maintenance events have been conducted by the USAGE, Wilmington District under a federal authorization. A location map can be found within the permit drawings. Wainwright Slough may only be accessed by boat within Pamlico Sound near Cedar Island in Carteret County. 4. Attachment D: Pro; ect narrative and environmental summary for the Wainwright Slough maintenance event.. 5. Attachment E: The 1995 Environmental Assessment/Finding of No Significant Impact. 6. Attachment F: 2006 DCM Consistency Detennination for previous maintenance dredging activities in Wainwright Slough. Both the EA/FONSI and Consistency Determination are considered relevant to the current proposed action. 7. Attachment G: Statement from the Audubon Society in support of the project. The affected properties for this project are all submerged land,,; and property or the State of North Carolina. The project will fill. lands above MLW near Wainwright Island. Ownership of lands at this site belongs to the National Audubon Society. The Audubon Society supports the project and welcomes opporturdties to help enhance bird nesting and foraging habitat at Wainwright Island. The agent for the Audubon Society is Mr. Walker Golder (Office: 910.686.7527). The National Audubon Society (NAS) is the only adjacent property owner and has been involved in the development of the propose project. A letter indicating receipt of the permit application will be provided under separate cover. The letter will advise the NAS of the 30 day requirement for submitting comments on the proposed project. In addition, the NAS will be copied on all correspondence transmitted to DCM addressing; the proposed project. 8. Attachment H: Submerged Aquatic Vegetation (SAV) survey report. 9. Attachment I: Essential Fish Habitat (EFH) assessment. 10. Attachment J: Biological Assessment of federally listed protected species. 11. Attachment K: Review of the project by the State Historic Preservation Office (SHPO) Additional Support Information • The application fee will be provided under separate cover from Carteret County. • All previous maintenance events have been conducted under federal authorizations, as opposed to state and federal permits. As a result, no permits are believed to exist for the previous works. • An AEC hazard notice is not considered applicable for this project. • Compliance with Land Use Plans: There are no land use issues associated with this project since the project involves open water issues. The disposal site to be approved by DCM will be required to meet requirements of CAMA Land Use Plans. • N.C. Environmental Policy Act Compliance: The dredging work proposed as part of this application is maintenance dredging of a previously maintained channel and does not require review under the N. C. Environmental Policy Act. • Adjacent Riparian Property Owners: The project site is in open water and does not involve riparian property owners other than the National Audubon Society who owns Wainwright Island. As previously noted, the Society has been contacted and support for the project has been obtained (see Attachment G). Shore Protection Manager Greg L. Rudolph Tel: (252) 222.5835 Fax: (252) 222.5826 grudolph@carteretcountync.gov car�zret county �G protection office orctec.tre�Ceacn coM December 5, 2016 NC Division of Coastal Management 400 Commerce Drive Morehead City, NC 28557 RE: Wainwright Slough, Carteret County — Agent Authorization To Whom It May Concern: Please be advised, Moffatt & Nichol has been authorized by the Carteret County Board of County Commission as an Authorized Agent. The authorization entails (and is limited too) efforts necessary to acquire state and federal permits for the maintenance dredging of Wainwright Slough. Sincerely, 5 % k— Greg "Rudi" Rudolph Shore Protection Manager Carteret County Shore Protection Office Shore Protection Office • P.O. Box 4297 . Emerald Isle, North Carolina 28594 www. protect the beach. com Attachment B — NCDCM Permit Forms (MP -1 & MP -2) UPLICATION for Nader Development Permit (last revised 12/2T/06) North Carolina DIVISION OF COASTAL MANAGEMENT I. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Carteret County Board Of County Commimssioners Wainwright Slough Navigation Maintenance Applicant 1: First Name MI Last Name Tommy Agent/ Contractor 1: First Name Burns Applicant 2: First Name MI Last Name Rudi Rudolph If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 302 Courthouse Square Beaufort NC ZIP Country Phone No. FAX No. 28516 Carteret 252 - 728 - 8450 ext. 252 - 728 - 2092 Street Address (if different from above) City State ZIP Email tommy.burns@carteretcountync.gov 2. AgentlContractor Information Business Name Moffatt & Nichol Agent/ Contractor 1: First Name MI Last Name Robert Neal Agent/ Contractor 2: First Name MI Last Name Johnny Martin Mailing Address PO Box City State 272 N. Front St., Ste. 204 Wilmington NC ZIP Phone No. 1 Phone No. 2 28401 910 - 218 - 7100 ext. 919 - 781 - 4626 ext. FAX No. Contractor # 919 781 4869 Street Address (if different from above) City State ZIP Email rneal@moffattnichol.com <Form continues on back> 252.80$-2808 „ 1-383-4RCOAST a, www.nccoastaimanagement.ne+t Form DCM MP -1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret Pamlico Sound d. Approximate elevation of tract above NHW (normal high water) or Subdivision Name City State Zip 2.0 ❑NHW or ®NWL NC - Phone No. Lot No. (s) (if many, attach additional page with list) 910 - 686 - 7527 ext. Commerical and recreational navigation submerged lands. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Neuse Pamlico Sound c. Is the water body identified in (b) aoove, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? f. If app icable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 2,600 ft 10 Acres (Placement Site) 7.0 Acres (Navigation Channel) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or Wainwright Slough Ranges 2, 2a, & 3, NWL (normal water level) 2.0 ❑NHW or ®NWL (If many lot sizes, please attach additional page with a list) e. Vegetation on tract Spartina alterniflora, sparse Hl. wrightii (<1% cover). f. Man-made features and uses now cn tract Commerical and recreational navigation submerged lands. g. Identify and describe the existing land uses adjacent to the proposed project site. Recreational navigation, bird foraging and fishery haoitat. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Not zoned (Attach zoning compliance certificate, if applicable) ]Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No [INA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No [INA National Register listed or eligible property? <Form continues oil next page> 252-808.2303 1-383-4iRCOAST „ www,n ,- aoastaI manag9M9nt,net Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? [-]Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ®Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Navigation access through Wainwright Slough & bird habitat on Wainwright Island material placement site. Wainwright Slough is generally located between Cedar Island and Core Banks and represents the only viable navigational thoroughfare for the Down East fishing industry connecting Core Sound to Pamlico Sound. The project was initially authorized by the River and Harbor Act of August 30, 1935. (see attached narrative for furher information) c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. One hydraulic dredge with accompaning HDPE pipeline (most likely) to excavate approx. 40,000 CY from Wainwright Slough and place the material within the material placement site adjacent to Wainwright Island. Most likely up to 1 or 2 pieces of heavy equipement (bull dozer, front end loader) will be used to grade the material after placement. Additonal service vessels Qon boat, floating barge, tug) will be necessary to assist in manuvering and supporting the construction equipment.The equipment will be stored at the site during the construction process and removed upon completion. Construction is estimated to last a maximum of 60 days. d. List all development activities you propose. Hydraulically dredge Wainwright Slough for navigation maintenance and place the material adjacent to Wainwright Island. Material will be placed in a manner to encourage shorebird use with minimal slopes along the water's edge. The mateiral placement site will maintain a maximum (highest) elevation of +1.5 MLLW as a result of the construction process. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance f. What is the approximate total disturbed land area resulting from the proposed project? 17 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. New discharges to waters of the state will only occur during construction as the slurry mixture of sediment and waters are hydraulically placed adjacent to Wainwright Island. No permanent discharge structures are proposed as part of the work. Temporary containment dikes will be constructed to encourage sediment settling based upon past projects and previous authorizations. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ❑No SNA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ❑No ®NA If yes, attach a mitigation proposal. 252.808.2803 1-838�4RC0A5T wr-mw.n-coastaIrnanagarne gt,nat Form DCM MP -1 (Page 4 of 4) <Form continues on back> APPLICATION for Major Development Permit 6. AdditionalInformation !n addibi)n to this completed application form. (MP -1) the following items &,tow, if applicable, must be subm4fed in order for the application package to be complete hems p l (ij are always applicable b any major development application. Please consult the applGtxtron instruction booklet on how to properly prepare time required items below. 1 a. A project narrative b An accurate. dated work plat (including plan view and cross-serticnal drawings) drawn to scale. Please give the present status of the proposed project. is any portion already complete'? If prev ously authorized work. clearly indicate on maps. plats, drawings to distinguish i between work completed and proposed c A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. i d A copy of the deed (with state application only) or other instrument urder which the applicant claims title to the affected properties. L e The appropriate application fee Cneck or money order mane payable to DENR if A list ofthe names and complete -addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such I 1 owners have received a copy of the application and plats by certified mail. Such andowners must be advised that they have 30 days in i which to submit comments on the, proposed project to the Division of Coastal Management. Name National Audubon Society cio Mr. Walker Golder Phone No. 910.686.7527 (office) jAddress 7741 Market Street. Unit D: Wilmington. NC 28411-9444 ! Name — Phone No Address I Name Phone No. Address Ig, A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Previous marntenace events were conducted under federal authorizations by the USACE: h. Signed consultant or agent authorization form. if applicable Wetland delineation. f necessary j. A signed AEC hazard notice for projects in oceanfront and inlet areas (Alust be signed by property owner) k A statement ofcompliance with the N C Environmental Poiicl Act N G �' S 113A T-10). if necessary If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued n response to this application �roiil allow cnly the development described in the application. The project will be subject to the corditiors and restrictions cont.ainec in the permit. I certify that I am authorized to grant and do in fact grant permission :o representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating nformation related to this permit application and follow-up monitoring of the project. I further certify that the information provided n this applicat on is truthful to the best of my knowledge. Date 127,`16 Print Name Greg 'rudi' Rudoiph Signature Please indicate application attachments pertaining to your ,proposed project ZDCM MP -2 Excavation. and Fill Irformanon ❑DCM MP -5 Bridges and Culverts ❑DCM MP -3 Upland Deveiopment ODCM MP -4 Structures Information Form DCM MP -2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. 1. Access ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding c. (NLW or d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), Breakwater shoreline NWL) number of square feet affected. stabilization Length 2,600 OWL ®None 780 Width 75 Navigation Maintenance 570 Avg. Existing DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Depth -4 MLLW 10 AC C. ! NA NA -3 MLLW Final Project Depth -7 MLLW ❑Yes ❑No ®NA NA NA +1.5 MLLW 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. Sand 40,000 CY c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), 0 CY or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of the excavation in these areas: Navigation Maintenance 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Wainwright Island - Pamlico Sound 10 AC C. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes ®No ❑NA ❑Yes ❑No ®NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ®Yes ❑No RNA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? ❑CW ❑SAV ❑SB 10 AC OWL ®None (ii) Describe the purpose of disposal in these areas: Material placement from maintenace event. 252-808-2806 ;: 1-888-4RCOAST ;; www.nccoastaimanagement.net revised: 12126106 3. SHORELINE STABILIZATION (if development is a wood groin, use MP -4 — Structures; a Type of shoreline stabilization: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑ether c Average distance waterward of NHW or NVIL. e Type of stabilization material g Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other 1. Source of fill material. ®This section not applicable b Length. Width d Maximum distance waterward of NHVV or NVVL. f (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No [INA 00 If yes, state amount of erosion and source of erosion amount information. h Type of fill material. 4. OTHER FILL ACTIVITIES �- (Excluding Shoreline Stabilization) a (i) WII fill material be brought to the asite? ®Yes ❑No ❑ NA I; If yes. (ii) Amount of material to be placed in the water 44.004 CY (iii) Dimensions of fill area 10 A,V- (iv) Purpose of fill Material desposition from channel maintenance S. GENERAL - a. How will excavated or rill material be kept on site and erosior controlled? Sand dikes during construction -Length of dikes TBD by contractor. C. (i) Will navigational aids be required as a result of the protect? ®Yes []No ❑NA (ii) If yes. explain what type and how tney will be implemented ATONS will need to be repositionec to mark federal channel as opposed to deep water path. ❑This section not applicable (i) Will All material be placed in coastal wetlands/marsh (CW, submerged aquatic vegetation (SAV), shell bottom (Se), or othe, wetlands (WL)? If any boxes are checked, provide the numoer of square feet affected. ❑CW ❑SAV ❑SB MWI_ SNone 0j) Describe the purpose of the fill in these areas. b What type of construction equipment will be used (e.g.. dragiine, backhoe. or hydraulic dredge)? hydraulic dredge. heavy equipment.. support vessels. d (i) SII wetlands be crossed in transporting equipment to project site? ©Yes ENO ❑NA (ii) if yes, explain steps that will be taken to avoid or minimize environmental impacts December 6, 2016 Carteret County Board of County Commission Go Greg Rudolph Date Wainwright Slough Navigation Maintenance Project Name Applicant Name Applicant Signature CARTER.ET COUNTY `VAINWRI(JHT SLOUGH NAVIGATION MAINTENANCE PERMIT SKETCHES DECEMBER 07, 2016 PITT HYDE BEAUFORT PAMLICO SOUND FAM.ICO V AmnuGHT O SLOUGH JONES CRAVEN // CARTEREI' ATLANTIC OCEAN ONSLOW i INOT TO SCALE VICINITY MAP SHEETINDEX SHT 1 - TITLE PAGE SHT 2- CONTROLSHEET SHT 3 - SITE PLAN SHT 4 - EXISTING CONDITIONS SHT 5 - SAV SURVEY AREA SHT 6 THRU 9 WAINWRIGHT SLOUGH CHANNEL PROFILES SHT 10 MATERIAL PLACEMENT SECTION VIEWS FOR PERMITTING ONLY - NOT FOR CONSTRUCTION ,,,,moffatt & nlchof WAINWRIGHT SLOUGH NAVIGATION CHANNEL CONTROL TABLE Station Easting (ft) Northing (ft) Survey Azimuth (') Base Width (ft) Side Slope (H:V) Dredge Volume cy/ft Cy Overdepth Tolerance cy/ft cy cy/ft Tota( Cy Cumulative Vol. CY 10+00 2,835,710.79 461,497.61 111.44 75 ft 3:1 0.0 0 2.8 323 2.8 323 323 11+00 2,835,747.34 461,590.70 119.13 1.5 181 3.6 369 5.1 550 872 12+00 2,835,807.26 461,670.75 126.82 75 ft 3:1 2.1 240 3.8 410 5.9 650 1,522 13+00 2,835,867.19 461,750.80 126.82 75 R 3:1 2.7 371 4.4 526 7.1 897 2,419 14+00 2,835,927.12 461,830.85 126.82 75ft 3:1 4.7 603 1 6.1 636 1 10.8 1,239 3,658 15+00 2,835,987.05 461,910.91 126.82 75ft 3:1 7.3 975 6.6 694 13.9 1,669 5,328 16+00 2,836,046.98 461,990.96 126.82 75 ft 3:1 12.2 1,448 7.3 770 19.5 2,217 7,545 17+00 2,836,106.91 462,071.01 126.82 75 ft 3:1 16.8 1,704 8,1 820 24.9 2,524 10,069 18+00 2,836,166.84 462,151.07 126.82 75ft 3:1 17.3 1,750 8.3 829 25.6 2,579 12,648 19+00 2,836,226.77 462,231.12 126.82 75ft 3:1 17.7 1,777 8.3 832 26.0 1 2,609 15,256 20+00 2,836,286.70 462,311.17 126.82 75ft 3:1 1 17.8 1,755 8.3 1 829 26.2 2,584 17,841 21+00 2,836,346.62 462,391.23 126.82 75ft 3:1 17.3 1,581 8,2 811 25.5 2,392 i 20,233 22+00 2,836,406.55 462,471.28 126.82 75 ft 3:1 14.4 1,413 8.0 795 22.3 2,208 22,440 23+00 2,836,466.48 462,551.33 126.82 75ft 3:1 13.9 1,319 7.9 782 21,8 2,101 24,542 24+00 2,836,526.41 462,631.39 126.82 75ft 3:1 12.5 1,060 7,7 662 20.2 1,722 26,264 24+85 2,836,577.72 462,699.92 112.68 12.4 183 7.9 116 20.3 299 26,563 25+00 2,836,579.85 462,714.15 98.55 75 ft 3:1 12.0 1,133 7,6 745 19.6 1,878 28,440 26+00 2,836,594.73 462,813.11 98.55 75ft 3:1 10.7 1,022 7.3 728 18.0 1,750 30,190 27+00 2,836,609.60 462,912.08 98.55 75 ft 3:1 9.8 909 7.2 709 17.0 1,618 31,808 28+00 2,836,624.47 463,011.04 98.55 75ft 3:1 8.4 776 7.0 689 15.4 1,465 33,273 29+00 2,836,639.35 463,110.00 98.55 75ft 3:1 7.1 593 6.8 662 13.9 1.255 34,528 30+00 2,836,654.22 463,208.% 98.55 75ft 3:1 4.7 363 6.4 646 11.2 1,009 35,537 31+00 2,836,669.09 463,307.93 98.55 75 ft 3:1 2.5 223 6.5 644 9.0 866 36,403 32+00 2,836,683.97 463,406.89 98.55 75ft 3:1 1.9 172 6.4 645 8.3 817 37,221 33+00 2,836,698.84 463,505.85 98.55 75ft 3:1 1.5 124 6.5 650 8.0 774 37,995 34+00 2,836,713.71 463,604.81 98.55 75ft 3:1 1.0 83 6.5 644 7.5 727 38,722 35+00 2,836,728.58 463,703.78 98.55 75ft 3:1 0.7 46 6.4 607 7.1 653 39,375 36+00 2,836,743.46 463,802.74 98.55 75 ft 3:1 0.2 24 5.7 1 573 6.0 596 39,971 NOTES: 1. ELEVATIONS REF. MLLW AS ESTABLISHED BY NOAA BENCHMARK 865 5151 "A TIDAL". 2.HORIZONATAL CONTROL REFERENCES NORTH CAROLINA STATE PLANE NAD 83 FT (SINGLE ZONE), 3. VOLUMES CALCULATED BY AVERAGE END AREA METHOD. WAINWRIGHT ISLAND MATERIAL PLACEMENT SITE CONTROL TABLE vertex Eastlng (ft) Northing (R) A 2,835,794.14 463,099.35 8 2,835,822.78 462,943.53 C 2,835,678.06 462,739.67 D 2,835,442.59 462,655.69 E 2,835,048.32 462,588.24 F 2,834,946.17 463,177.34 G 2,835,340.28 463,245.68 H 2,835,590.28 463,244.07 FOR PERMITTING ONLY - NOT FOR CONSTRUCTION CONSTRUCTION NOTES: LCONTRACTOR SHALL BE RESPONSIBLE FOR HYDRAULICALLY DREDGING WAINWRIGHT SLOUGH (STA. 10+00 TO STA. 36+00) AS SHOWN ON PLANS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONTROLLING THEIR CUTfERHEAD EQUIPMENT SO NO MATERIAL DISTURBANCE OCCURS BELOW THE OVERDREDGE (OD) TOLERANCE ELEVATIONS SHOWN. 2.CONTRACTOR SHALL BE RESPONSIBLE MATERIAL PLACEMENT WITHIN THE SITE BOUNDARIES AS SHOWN. THE CONTRACTOR SHALL ERECT SAND DIKES USING THE DREDGE MATERIAL TO CONTROL THE EFFLUENT TO RUN GENERALLY SOUTHWEST DIRECTION FROM SEGMENT A -B TO SEGMENT E -F. 3.THE CONTRACTOR SHALL TAKE ALL REASONABLE PRECAUTIONS & ACTIONS TO PREVENT THE EFFLUENT FROM TRAVERSING BACK INTO THE DREDGE AREA. HOWEVER, THE CONTRACTOR SHALL BE PROHIBITED FROM PLACING SANDBAGS OR OTHER PERMANENT OBSTRUCTIONS TO PREVENT THE EFFLUENT FROM LEAVING THE FILL PLACEMENT SITE. THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONTROLLING THE EFFLUENT AND RESULTING TURBIDITY PLUME SO AS TO REMAIN COMPLIANT WITH WATER QUALITY STANDARDS STIPULATED BY THE PROJECTS'S STATE AND FEDERAL PERMITS. 4.THE CONTRACTOR SHALL MAINTAIN A MAXIMUM ELEVATION OF THE PLACED (DREDGED) MATERIAL MATCHING THE EXISTING ELEVATION OF WAINWRIGHT ISLAND (APPROX. +1.5 MLLW). 5.PRIOR TO PROJECT COMPLETION AND DEMOBILIZATION THE CONTRACTOR SHALL SMOOTH GRADE ALL MATERIAL ABOVE MLLW TO DISCOURAGE WATER PONDING. THE EDGES OF FILL SHALL BE SLOPED AT A MAX. (STEEPEST) ANGLE OF 1H:IOV (FEET) TO HELP ENCOURAGE SHOREBIRD USAGE. CARTERET COUNTY WAINWRIGHT SLOUGH NAVIGATION MAINTENANCE , /„ m o ff a t t n i c h o i PG. 2 OF 10 CONTROL SHEET DRAWING DATE: DEC. 07, 2106 STATION 10+00 STATION 12+00 10 10 3 3 0 NAVD (0.1 M 0 NAVD (0.1 FI) Q Q W -10 -10 - W a I -20 -20 11 -1+00 0+00 1+00 -1+00 0+00 1+00 RANGE (FT) RANGE (FT) STATION 14+00 STATION 16+00 10 10 0 NAVD (0.1 Ff) 0 NAVD (0.1 FT) H 1 777 I W -10 -10 W W ' W i -20 -20 I ! -1+00 0+00 1+00 -1+00 0+00 1+00 RANGE (FT) RANGE (FT) FOR PERMITTING ONLY - NOT FOR CONSTRUCTION LEGEND --------- EXISTING GROUND (NOV. 2016) PROPOSED DESIGN TEMPLATE TIDAL RANGE�LW) — — — PROPOSED OVERDREDGE TEMPLATE MHW = 0.38 FT a s' 10, PROPOSED DREDGE AREA MTL = 0.20 FT NAVD88 = 0.10 FT VERTICAL SCALE: CARTERET COUNTY MLW = 0.01 FT a Sa Iw WAINWRIGHT SLOUGH HORIZONTAL SCALE:1^=1oa PG. 6OF 10 NAVIGATION MAINTENANCE STA 10+00 TO 16+00 ,,,, moffatt & nlchol DRAWING DATE: DEC. 07 2106 STATION 18+00 STATION 20+00 10 10 Q NAVD (0.1 FT) Q ' NAVD (0.1 FT) Q H -10 -10 — — w , I -20 -20 -1+00 0+00 1+00 -1+00 0+00 1+00 RANGE (FT) RANGE (FT) STATION 22+00 STATION 24+00 10 10 I 0 NAVD (0.1 FT) � Q NAVD (0.1 FT) H i w — -- H H o-- Q W -10 ;^ W -10 i — I I -20 -20 -- i -1+00 0+00 1+00 -1+00 0+00 1+00 RANGE (FT) RANGE (FT) FOR PERMITTING ONLY - NOT FOR CONSTRUCTION LEGEND --------- EXISTING GROUND (NOV. 2016) PROPOSED DESIGN TEMPLATE TIDAL RANGE (MLLW) — — — PROPOSED OVERDREDGE TEMPLATE MIiW = 0.38 FT 0. s is PROPOSED DREDGE AREA MTL = 0.20 FT NAVD88 = 0.10 FT VERTICAL SCALE: 1"=10' CARTERET COUNTY MLW = 0.01 FT a so, wa WAINWRIGHT SLOUGH HORIZONTAL SCALE: V=1W NAVIGATION MAINTENANCE PG. 7 OF 10 STA 18+00 TO 24+00 , /„ m o ffa tt & n l c h o l DRAWING DATE: DEC. 07 2106 STATION 26+00 STATION 28+00 10 10 3 3 _ 0 NAVD (0.1 FT) 0 NAVD (0.1 FT) FG• " F-' O O Qi Qi > -10> -10 �- I fs1 5 W -20 1 1 T -20 -91 —77F7 -1+00 0+00 1+00 -1+00 0+00 1+00 RANGE (FT) STATION 30+00 STATION 32+00 10 10 i 0 NAVD (0.1 FT) 0 NAVD (0.1 FT) 0 a w -10 ,. w 10 w � w -20 -20 -1+00 0+00 1+00 -1+00 0+00 1+00 RANGE (FT) RANGE (FT) FOR PERMITTING ONLY - NOT FOR CONSTRUCTION LEGEND --------- EXISTING GROUND (NOV. 2016) PROPOSED DESIGN TEMPLATE TIDAL RANGE WLLW) — — — PROPOSED OVERDREDGE TEMPLATE NOM = 0.38 Ff v s 10, rT PROPOSED DREDGE AREA MTL = 0.20 Ft NAVD88 = 0.10 Ff VERTICAL SCALE: i^=10' CARTERET COUNTY MLW = 0.01 FT a ea 100' WAINWRIGHT SLOUGH HORIZONTAL SCALE: 1'100' NAVIGATION MAINTENANCE PG. 8 OF 10 STA 26+00 TO 32+00 ,,,, m offs tt & n i c h o l DRAWING DATE: DEC. 07 2106 STATION 34+00 STATION 36+00 10 10 I t r - 0 NAVD (0.1 FT) 0 NAVD (0.1 FT) 0 Q -10 , . 7 -10 i. a I � Ia i L -20 - --- -20 -1+00 0+00 1+00 -1+00 0+00 1+00 RANGE (FT) RANGE (FT) FOR PERMITTING ONLY - NOT FOR CONSTRUCTION LEGEND --------- EXISTING GROUND (NOV. 2016) PROPOSED DESIGN TEMPLATE TIDAL RANGE (MI,LW) — — — PROPOSED OVERDREDGE TEMPLATE MHW = 038 FT 0' s 10, PROPOSED DREDGE AREA MTL = 0.20 FT NAVD88 = 0.10 FT VERTICAL SCALE: 1^=10 CARTERET COUNTY MLW = 0.01 FT 0' 50' 100 WAINWRIGHT SLOUGH HORIZONTAL SCALE: 1"=100' NAVIGATION MAINTENANCE PG. 9 O 10 STA 34+00 TO 36+00 ,,,, moffatt & nlchol DRAWING DATE: DEC. 07 2106 10 a 0 w z 0 w a w -10 -20 0- SECTION A' -A" 1. TEMPORARY DIKING SHALL BE CONSTRUCTED AS -NEEDED TO CONTROL EFFLUENT RUN-OFF FROM RE-ENTERING THE DREDGE AREA. HOWEVER, NO DIKING SHALL BE ALLOWED ALONG SEGMENT E -F. 2. ALL DIKING MATERIAL SHALL BE SMOOTH GRADED UPON COMPLETION OF FILL OPERATIONS. 3. MAX. ALLOWABLE SLOPE FINISHED SLOPE AROUND PEREMITER OF MATERIAL PLACMENT SITE SHALL BE 1 V:20H (FEET) 10 a 0 z 0 Q -10 w -20 0 - RANGE (FT) SECTION B' -B" RANGE (FT) TIDAL RANGE (MLLW) MHW = 0.38 FT MTL = 0.20 FT NAVD88 = 0.10 FT MLW = 0.01 FT LEGEND a 19 20' --------- EXISTING PROFILE (NOV. 2016) FOR PERMITTING ONLY - NOT FOR CONSTRUCTION MAX. (HIGHEST) FILL ELEVATION VERTICAL SCALE: 1"==20P a 100, ear CARTERET COUNTY WAINWRIGHT SLOUGH HORIZONTAL SCALE: 1'--2W' NAVIGATION MAINTENANCE „" m o ffa tt & n l c h o l PG. 10 OF -10 MATERIAL PLACEMENT SITE - SECTION VIEWS Attachment D — Project Narrative and Environmental Summary ATTACHMENT D WAINWRIGHT ISLAND NAVIGATION MAINTENANCE PROJECT NARRATIVE PROJECT DESCRIPTION Carteret County intends to dredge approximately 40,000 cubic yards (CY) of material from the federally authorized channel of Wainwright Slough, Ranges 2, 2A and 3. Wainwrigth Slough lies near Cedar Island in south Pamlico Sound near the Cape Lookout National Seashore (Figure 1). The project will restore navigation depths to the federally authorized channel for recreational boating and commercial fishing vessels. The channel will be dredged to -7 MLLW with an additional 2 feet proposed as an overdepth tolerance. This will result in a maximum depth of disturbance down to -9 MLLW. The project will maintain compliance with the federally authorized dimensions for the channel and previous maintenance events conducted by the USACE Wilmington District (see permit forms, Attachment B and permit sketches, Attachment Q. The dredge sediment will be used to help create nesting and foraging bird habitat by open placement of the material adjacent to Wainwright Island. Sediment placement will occur over a maximum footprint of 10 acres up to an elevation of +1.5 MLLW. This elevation marks the approximate highest elevation of the existing Wainwright Island. The slopes and grades of the material placement site will be constructed to encourage nesting and foraging bird activities to the extent reasonable. The maximum (steepest) slope along the edge of the material placement site will be constructed at 20H:1 V (feet) down to MLLW. In addtion, the top or surface of the site will be smooth graded to discourage water ponding or entrapment. SITE LOCATION & PROJECT HISTORY Wainwright Slough is generally located between Cedar Island and Core Banks and represents the only viable navigational thoroughfare for the Down East fishing industry connecting Core Sound to Pamlico Sound (Figure 1). The project was initially authorized by the River and Harbor Act of August 30, 1935, yet there is no documentation with respect to where the dredged material was disposed. Fifteen maintenance dredging events were conducted along various reaches of the channel by the U.S. Army Corps of Engineers (Corps) through 1968, and on an as -needed basis since (see Table I below). August 31, 1935 = Project authorized in the River and Harbor Act. 1935 — 1968 = Rfteen maintenance events (no details regarding disposal). 1968 —1976 = "As needed" maintenance, but no documentation. 1976 = EIS prepared, codifies Wainwright Island as disposal area. 1976 —1986 = No documentation. 1986 = Maintenance event. 1991= Maintenance event. 1994 = Maintenance using the U.S. Corps hopper, the Currituck (disposal?). 1995= New EA/FONSI regarding Wainwright Island (emphasis on creating upland bird habitat). 1997 = Maintenance event. 2006 = Mallatenance event funded by hurricane supplemental bill (145,000 cubic yards). 2013 = Maintenance event funded by hurricane supplemental bill (submersible pump). Table 1: Wainwright Slough Historical Actions (courtesy of Carteret County) Wainwright Slough Project Alarrative Page 2 of 8 In August 1976 disposal issues were formally addressed in a Final Environmental Impact Statement (EIS) entitled, "Maintenance of the Waterway Connecting Pamlico Sound and Beaufort Harbor, North Carolina", which codified the disposal along the toe -of -the -bunk on the east side of Wainwright Island. Documentation of dredging/disposal events that were conducted in the 1970s through the early 1990s are almost absent from the record, yet there is reference to a 1986 and 1991 maintenance event (assumingly pipeline dredge with "upland" disposal along Wainwright Island) and emergency dredging by the Corps' special use (hopper) dredge; the Currituck in 1994. Again there is no documentation with respect to disposal activities for the 1994 event. The disposal method along Wainwright Island was modified in a June/August 1995 Environmental Assessment/Finding of No Significant Impact (EA/FONSI) requiring the dredged shoal material to be placed above mean high water. The dredging slurry was proposed to be controlled by constructing sand dikes that were leveled upon completion of each event, thereby creating unvegetated sandy habitat. No maintenance dredging was conducted from 1997 until the mid -2000s when extensive shoaling of the channel and erosion of Wainwright Island occurred in the wake of hurricanes Isabel (2003) and Ophelia (2005). Supplemental appropriations to the Corps provided the ability to conduct a large maintenance event (145,000 cubic yards) including rehabilitation of Wainwright Island. The Corps' Consistency Position for this event referenced an existing series of sandbags located along the eastern periphery of Wainwright Island. Assumingly the sand bag wall was utilized for containing the dredging effluent in 1997 but there is no reference to this effect in the 1995 EA/FONSI. Remnant sand bags are still visible today. The last dredging event occurred in 2013 via another supplemental federal appropriation (Hurricane Sandy) whereby the Corps utilized a submersible pump ;affixed to their special-purpose vessel, the Snell. The total excavation volume for this event is unknown. Wainwright Slough Project Narrative Page 3 of 8 Figure 1: Project Location Map PURPOSE & NEED The USACE Wilmington District has previously maintained Wainwright Slough for navigation purposes in accordance with Section 14 of the Rivers and Harbors Act of 1899. The most recent maintenance events conducted by the USACE where sediment was hydraulically dredged from Wainwright Slough and placed in an adjacent material management site occurred in 2013, 2007, & 1997. However, due to a shortfall in government funding the USACE remains unable to provide maintenance operations for the current conditions. The channel has become nearly impassable for vessel navigation with depths measured as shallow as -4 MLLW or less during a June 2016 survey conducted by the Wilmington District (Figure 2). Wainwright Slough Project 1Varrative Page 4 of 8 Volume Est. (USACE, 2016) Authorized Channel: 20,293 CY @ -7 Ft (MLLW) 37,323 CY @ -9 Ft (MLLW) Deep Water Path 9,073 CY @ -7 Ft (MLLW) 25,757 CY @ -9 Ft (MLLW) LEGEND Aisle to Navigation Depth In Fast Co. ! 4 and Shallower :a-4 Nun i7-6 Green Lighted Buoy " 8 - 7 Red Lighted Buoy solo-$= 10-8=t2-10 12 - 10 Junction Marker 14 -12 Green Light = 15 - 14 7 15 and Deeper Red LightQ Navigation Channel Gram Daybeacon Red Daybeaoon O Danger Sign Mileteoerd a Tice Gage ,t figure l: U6ACE June 2016 Hydrographic Survey of Wainwright Slough In lieu of the budget shortfalls for the federal government and the USACE, Carteret County intends to maintenance dredge the federal navigation channel known as Wainwright Slough. This action will help alleviate the burden created by the current shoaling fbr the local commercial fishing industry and help promote recreational navigation in the area. Under the current conditions the commercial fishing industry will be unable to access fish house landings within Carteret County during the peak 2017 fishing season. This scenario creates a potentially devastating economic impact for the local fishing industry. The County has been unaware of the immediate need to obtain independent state and federal permits for the maintenance work due to the USACE's long standing commitment to maintaining Wainwright Slough. Once the County became ,aware of the situation and need, the County began the process to obtain the necessary authorizations. Early discussions were held with the USACE to conduct emergency dredging with its shallow draft fleet under its permit authorization.. 'This emergency dredging request was not granted per a June 22, 2016 Corps correspondence citing operational limitations associated with their side -cast dredge (the Merritt) and tangential disposal issues. Consequently, the County is pursuing a Major CAMA Permit along with other State and federal authorizations to perform a dredging maintenance event consistent with the regulatory mech&aisms in place as described above AND in the most expeditious manner as possible. After completion of this maintenance work, the County intends to develop a long-term maintenance strategy for Wainwright Slough. However, the current project remains limited due to the timing constraints necessary to complete the work prior to the 2017 peak fishing season. As stated previously, Wainwright Slough has been dredged more than 22 times since initial authorization in 1935 — not counting undocumented "as needed" maintenance events. An Environmental Impact Statement was prepared in 1976 which codified Wainwright Island as a disposal site. Subsequently, an Environmental Assessment/Finding of No Significant Impact (EA/FONSI) was prepared by the USACE in Wainwright Slough Project Narrative Page 5 of 8 1995 (see Attachment E) focused on the positive impacts of creating upland bird habitat associated with a maintenance action to dredge 30,000 yd3 from Wainwright Slough and placement of dredge material on or near Wainwright Island. A 404(b)(1) analysis was also performed by the USACE as part of the environmental documentation process and the 1995 project — very similar to the current proposed action — was found to be in compliance with the Guidelines; this analysis determined that the discharge [of dredge material] represented the least environmentally damaging practicable alternative. A request for Consistency Concurrence was submitted to the NC Division of Coastal Management (NCDCM) by the USACE for maintenance dredging (145,000 yd3) of Wainwright Slough and re- establishment of Wainwright Island in 2006 (see Attachment F). NCDCM determined this action to be consistent with the State's coastal management program and consistent with the 1995 EA/FONSI previously prepared by USACE (September 2, 2006; CD06-042). While these actions are somewhat dated, it is clear that a consistent pattern of environmental compliance has occurred for dredging of Wainwright Slough and deposition of dredge material on or near Wainwright Island. The current requested action is very similar in nature to previous requests. Actions will be taken to avoid and minimize adverse environmental impacts while contributing to creation of colonial waterbird habitat on Wainwright Island. CONSTRUCTION PROCESS The work will be conducted through the use of a hydraulic dredge and pipeline system. Approximately 40,000 CY will be dredged from Wainwright Slough and placed adjacent to Wainwright Island in a material placement site. The work will be conducted on a 24-hour a day schedule with completion expected prior to April 1, 2017. The material placement site will be constructed to discourage sediment from flowing back into the navigation channel. The contractor will be required to erect temporary sand dikes along the flow way of the placement site to help direct the dredge slurry away from the navigation channel and to encourage sediment settling. Based upon the grab samples and observations completed during the SAV survey fine to medium grain size sand is expected for the dredged material. The dikes will be constructed from the initial dredge material in order to reduce disturbance of the placement area. The dikes will be extended 'and maintained in a fashion to help limit the turbidity plume leaving the work area. At the completion of the dredging activities, the temporary dikes will be smooth graded consistent with the remainder of placed material. The emergent boundary of the material placement site will be sloped to below MLLW on a 20H:1 V (ft) grade in order to promote shorebird usage. AVOIDANCE & MINIMIZATION EFFORTS A number of measures will be implemented to avoid and minimize potential adverse impacts. The dredging footprint will follow the existing channel limits eliminating the need for new bottom disturbance. Hydraulic dredging will be employed in an effort to reduce siltation and turbidity that is often associated with other dredging methods (such as clamshell dredging). The use of temporary sand dikes will encourage sediment settling, reduce disturbances within the placement area and limit the turbidity plume. Other best management practices include avoidance of areas denoted in past permits as areas of concern as well as Avoidance of critical habitat areas such as SAV with large areas shown on the plans when the field investigations showed minimal relic stalks of SAV with less than I% coverage (see Attachment C — Permit Drawings and Attachment H — SAV Report for more information). Wainwright Slough Project Narrative Page 6 of 8 The work is not expected to impact the existin; , emergent wetland portion of Wainwright Island (Figure 3). This includes an area less than 500 ft' in size covered predominately by Spartina grasses. No pipelines or equipment will be allowed to traverse over the! emergent grassesor impact known SAV populations. P1gure 3: September 2016 Conditions of Wainwright Island ALTERNATIVES No Build — This alternative assumes that no maintenance dredging will be conducted or that future dredging will be subject to schedule: and funding by USACE. The result would be that navigational constraints will remain, the local down east fishing economy would be; severely impacted (loss of only connection of Core Sound to Pamlico), and that the channel will remain nearly impassable for maritime traffic. This alternative fails to meet the project purpose and need. Dredge in Deeper Water - The County discussed .an. alternative withthe USACE on the potential to maintain the deep water path, as shown in I-igure 2, in a similar capacity as some previous federal maintenance projects. By moving to deeper water, less dredging would be needed, and time and money could be saved. However., the USACE Office of Counsel determined the position of Wainwright Slough fell in a fixed location. Therefore, work outside of the; fixed location would be considered new work and the establishment of a neer channel for a non-federal interest. The USACE previous maintenance events within the deep water path were authorized under Engineer Regulation (ER) 1165-119, paragraph 9. This regulation allows the USACE to shift the locations of federal channels in attempts to reduce maintenance costs. Unfortunately, this provision does not correspond with non-federal maintenance operations within a federal waterway. Because of regulatory constraints, this alternative is not being considered. Dredge Existing Marked Channel (Preferred Alternative) — This alternative proposes to dredge within the existing channel as marked and designated. by USACE. The proposed maintenance operations will restore navigation access to the federal channel pathway. This alternative meets project purpose and need and can be accomplished without significant regulatory delays. Wainwright Slough Project Narrative ENVIRONMENTAL CONSEQUENCES Page 7 of 8 Wainwright Island is a small dredge spoil island that is constantly subject to wave action and erosion. The island is inundated much of the time with only a small portion of land (less 46 square meters [500 square feet]) currently remaining above the water. The small remnant island is dominated by Spartina alterniora. The island is used by a variety of colonial waterbird species (although no specific species were noted during recent sampling) and is owned and managed by the National Audubon Society (letter of support for the project by the Society, Attachment G). The 1995 Environmental Assessment performed by USACE for similar dredging activities discussed beneficial use of dredge material which is relevant to the current action (see Attachment E). The preferred disposal alternative (creating habitat adjacent to Wainwright Island) would: 1) provide for satisfactory disposal of maintenance dredging material; 2) stabilize the existing upland limits of the island; 3) enhance or create habitat for colonial waterbird species such as royal terns and sandwich terns, snowy egrets, tri- colored herons, and glossy ibis; and 4) existing habitat would be preserved and expanded for breeding brown pelicans, herring gulls and great black -backed gulls, and wading birds such as black -crowned night herons, great egrets, and little blue herons. An SAV survey was conducted on September 21, 2016 and identified no SAV populations within the project area. The September survey found only sparse or relic stalks of shoal grass (H. wrightii) present at five locations at less than 1% coverage. No existing populations of SAV will be impacted by project activities (see Attachment H). Pamlico Sound is one of the largest estuaries in the United States. Offshore waters support a diverse recreational and commercial fishery, with species such as red drum, speckled trout, blue crab, oysters, and other shellfish often found in abundance. An Essential Fish Habitat (EFH) assessment has been performed for this project. Although the proposed project would likely result in some short-term, localized and temporary adverse effects to EFH and managed species, construction measures and best practices will keep these impacts to a minimum, as well as reduce the possibility of any permanent, long-term impacts. While reducing available sandy benthic habitat within the project area, project actions will also create over 10 acres of emergent estuarine wetland (a designated EFH within the project area) in an area where benthic habitat has been impacted by exposure to waves. A re-established Wainwright Island would also provide valuable new nesting and foraging habitat for coastal birds — as noted above. The Preferred Alternative could result in increased long-term SAV colonization and general benthic habitat improvements adjacent to the re-established island (see Attachment I). PROTECTED SPECIES ASSESSMENT A review of federally protected species has been conducted. Results indicate that the proposed project will have no effect on threatened or endangered species (see Attachment J). WETLANDS Dredging will be conducted on submerged lands in Pamlico Sound not considered jurisdictional wetland. The remains of Wainwright Island above water levels support estuarine wetland dominated by Spartina grass (less than 500 ft'). These areas will be disturbed or impacted by proposed actions; dredge material Wainwright Slough Project narrative Page 8 of 8 will be placed to the east of the island and is intended to increase the island footprint and potentially create additional estuarine wetlartd. No wetland impacts are anticipated. CULTURAL AND HISTORIC RESOURCES The State Historic Preservation Office (SHPO) has reviewed the project and indicated they are unaware of any historic resources which could be affected by the project. Therefore, SHPO has no further comment on the project as proposed (see November 30, 2016 SHPO letter — Attachment K). Attachment E —1995 EA/FONSI US Army Corps of Engineers WILMINGTON DISTRICT SOUTH ATLANTIC DIVISION ENVIRONMENTAL ASSESSMENT MAINTENANCE DREDGING WAINWRIGHT SLOUGH WATERWAY CONNECTING PAMLICO SOUND AND BEAUFORT HARBOR CARTERET COUNTY, NORTH -CAROLINA JUNE 1995 ENVIRONMENTAL. ASSESSMENT MAIN TE NAK1: DREDGING WAIN, VVRIGHT SLOUGH WATERWAY CONNECTING PAMLICO SOUND AND BEAUFORT HARBOR CARTERET C01UNTY, NORTH CAROLINA JUNE 11995 Table of Contents Items Page No. 1.00 PROJECT DESCRIPTION ......................................... 1 2.00 PROJECT AUTHORIZATION AND HISTORY ......................... 1 3.00 INCORPORATION BY REFERENCE ................................ 2 4.00 PURPOSE AND NEED ............................................ 2 4.01 Current Disposal Method ..................................... 2 4.02 Alternative Disposal Methods Investigated ....................... 2 4.03 Preferred Disposal Method ................................... 3 5.00 ALTERNATIVES TO THE PROPOSED PROJECT ...................... 3 5.01 Dredging and/or Disposal Alternatives .......................... 3 5.01.1 Clamshell or Bucket and Barge Dredge .................. 3 5.01.2 Hopper Dredging ..................................... 3 5.01.3 Upland Diked Disposal ................................ 3 5.02 No -Action Alternative ........ „ .............................. 4 6.00 ENVIRONMENTAL EFFECTS ...................................... 4 6.01 Water Quality .............................................. 4 6.02 Estuarine; Resources ....................................... 5 6.03 Terrestrial Resources ....................................... 6 6.04 Beneficial Use ............................................. 7 6.05 Threatened and Endangered Species .......................... 8 6.06 Archaeological,/Historical Resources ........................... 9 • 6.07 Recreation and Aesthetic: Resources .......................... 10 6.08 Development ............................................. 10 6.09 Executive: Order 11988, 1:lood Plain Management ................ 10 6.10 Executive Order 11990, Protection of Wetlands .................. 11 6.11 Air Quality ............................................... 11 7.00 RELATIONSHIP TO LAND USE PLANS ............................. 11 i ENVIRONMENTAL ASSESSMENT MAINTENANCE DREDGING WAINWRIGHT SLOUGH WATERWAY CONNECTING PAMLICO SOUND AND BEAUFORT HARBOR ,CARTERET COUNTY, NORTH CAROLINA JUNE 1995 Table of Contents (cont'd) Items Page No. 8.00 RELATIONSHIP TO NORTH CAROLINA COASTAL AREA MANAGEMENT PROGRAM.................................................. 12 9.00 PUBLIC AND AGENCY INVOLVEMENT ............................. 12 9.01 Scoping ................................................. 12 9.02 Fish and Wildlife Coordination ............................... 12 9.03 Other Agencies and Organizations ............................ 13 10.00 LIST OF RECIPIENTS .......................................... 14 11.00 POINT OF CONTACT .......................................... 16 12.00 REFERENCES ............................................... 17 Figures (Follows Page No. 17) Figure 1: Waterway Connecting Pamlico Sound & Beaufort Harbor, North Carolina. Figure 2: Wainwright Island -Sites A, B, C, and D Location Map. Attachments Attachment A: Section 404(B)(1) (Public Law 95-217) Evaluation. Attachment B: Onsite Scoping Meeting - List of Attendees. Attachment C: Responses to the March 27, 1995, Scoping Letter. ii ENVIRONMENTAL ASSESSMENT MAINTI;:NANCE DREDGING WAINWRIGHT SLOUGH WATERWAY CONNECTING PAMLICO SOUND AND BEAUFORT HARBOR CARTERET COUNTY, NORTH CAROLINA JUNE 1995 1.00 PROJECT DESCRIPTION The project involves changing the method of dredge disposal for the continued as -needed maintenance dredging in `he Waterway Connecting Pamlico Sound and Beaufort Harbor at Wainwright Slough (see section 4.00). The site is located approximately 5 miles northeast of the Cedar Island Ferry Landing in Carteret County, North Carolina (see Figure 1). The channel is dredged approximately once every three to four years. Historically, dredged material has been placed at the toe -of -the -bank on the channel (east) side of Wainwright Isl,:ind (see: Site A, Figure 2). Due to the location of this disposal area, the dredged material has (quickly returned to the channel. To correct this situation, the material would be d:ilscharged in upland areas (see Figure 2, site D) and directed overland to the non-cha•inel (west) side of the island. The maintenance dredging will remove materials lying above the plane of 9 feet below mean low water (m.l.w.) (-7 feed: m. 1.%,. plus 2 feet of allowable overdepth) within the designated limits of the channel. Approximately 30,000 cubic -yards of material consisting of fine -to -medium grained sand may be removed from the channel by a hydraulic pipeline dredge. The work will be accomplished in late fall -early winter of each year as needed and completed prior to the April 1 onset of the colonial waterbird nesting season. 2.00 PROJECT AUTHORIZATION AND HISTORY The project was. authorized by the River and Harbor Act of August 30, 1935. The channel was originally dredged in 19;35. Fifteen maintenance dredgings occurred in various portions of the channel through 1966; since that time the channel has been maintained on an as -needed basis. li he last maintenance dredging was completed in late 1991. Emergency dredging by the special purpose dredge CURRITUCK was completed in early 1994. 3.00 INCORPORATION BY REFERENCE Environmental issues and concerns associated with maintenance dredging of Wainwright Slough and the discharge of dredged material on or around Wainwright Island are addressed in the Final Environmental Statement. Maintenance of the Waterwav Connecting Pamlico Sound and Beaufort Harbor North Carolina, dated August 1976 and are being incorporated into this environmental assessment (EA) by reference. 4.00 PURPOSE AND NEED The purpose of the project is maintenance of the AIWW channel in Wainwright Slough to ensure navigation safety for commercial and sports fishermen and recreational boaters. Ongoing maintenance of this project will result in positive economic impact in the form of continued opportunities for waterborne commerce in the Carteret County area. 4.01 Current Disposal Method At the present time, dredged material is placed within a sandbagged area at the toe -of -the -bank on the channel side of Wainwright Island. Due to the inadequate size and the location of the existing disposal area, much of the dredged material flows back into the channel area north of the island. 4.02 Alternative Disposal Methods Investigated To address the problems associated with the .current disposal method, the following disposal options have been investigated: a. Alternative 1 - Control of Effluent. The material would be placed in upland areas of the island and directed overland to the open water on the non -channel (west) side of the island (see Figure 2, Site D). The discharge would be guided to avoid areas containing submerged aquatic vegetation (SAV). b. Alternative 2 - Sandbagged Retention Area. Sandbags would be placed along the shoal line to confine 4 to 5 acres of open water on the non -channel side of the island (see Figure 2, Site B). The discharge would be pumped into this confined area. c. Alternative 3 - Unconfined Toe -of -the -Bank. Dredged material would be pumped to the toe -of -the -bank on the non -channel (west) side of the island (see Figure 2, Site C). 2 4.03 Preferred Disposal Method The preferred method of disposal is by control of effluent (Alternative 1) at Site D. This method has the least damaging environmental impacts of the considered alternatives and is the most cost effective and efficient method of material disposal for the maintenance dredging of Wainw-ight Slough. The discharge will be guided to elevatAesired portions of the island. A, l(Aff sand berm will be constructed above the mean high water (m.h.w.) line on the western shoreline to contain the effluent and allow solids (sand) to settle and renourish and elevate the island. The berm will be reconstructed as necessary as the alrea behind it is elevated by the disposal material. It is anticipated that most of the effluent flowing over the berm into Core Sound will consist primarily of discharge water containing a minimal amount of suspended solids. Any solid material passing over the berm should not significantly impact existing aquatic resources. Upon completion of the work, the retention berm will be graded to achieve desired shoreline and upland elevations. 5.00 ALTERNATIVES TO THE. PROPOSED PROJECT 5.01 Dredginri and/or Disaos_al Alternatives 5.01.1 Clamshell or Buelket an_d Barge Dredge Use of a clamshell or bucket and barge dredge with disposal on Wainwright Island would involve double handling of dredge disposal material. Compared to hydraulic pipeline dredging, these methods are less productive and not cost or time efficient for the proposed activity. Additionally, they would not provide for the beneficial uses of the dredged material. 5.01.2 Hopper Dredgineal Emergency :maintenance of Wainwright Slough was conducted in 1994 to remove a shoal in the channel near Wainwright Island. This method involved use of the special purpose dredge CURRITUCK with open water disposal. Open water disposal of dredged material is used only in emergency dredging situations. 5.01.3 Upland Diked Disposal Construction of an upland dike on Wainwright Island would not provide the habitat variety essential to the various colonial waterbird species that now or could utilize the island for nesting and breeding. They National Audubon Society opposes this disposal retention method. :3 5.02 No -Action Alternative As stated in section 4.01, the current disposal area adjacent the channel is not well located and is inadequate in size. Dredged material pumped into this site quickly returns to the channel. This results in more frequent maintenance dredging operations. There are no feasible alternative upland disposal sites in the area. Benefits to colonial waterbirds utilizing the island (see section 6.04) would not be realized with the no - action alternative. 6.00 ENVIRONMENTAL EFFECTS 6.01 Water Quality The North Carolina Division of Environmental Management (NCDEM) has designated the waters surrounding Wainwright Island as SA/NSWJORW waters. SA waters are suitable for commercial shellfishing and all other tidal salt water uses including primary and secondary recreation, and fish propagation. Nutrient sensitive waters (NSW) require limitations on nutrient inputs. Outstanding Resource Waters (ORW) are unique and special waters of exceptional state or national recreation or ecological significance which require special protection to maintain existing uses. NCDEM will concurrently review this EA and the Corps' request for a section 401 (P.L. 95-217) water quality certificate to authorize the work that may impact water quality under the proposed action. Also, the section 404(b)(1) evaluation for the discharge of dredged material is included in Attachment A. Turbidity associated with dredging and disposal.will be at a .low-level, short term in duration, and end following dredging due to the low silt content in the coarse -to - medium grain sand removed from the bottom. The dredged sediments are not anticipated to be contaminated with toxic substances, since the site is well removed from any known sources of pollution. Visual inspection revealed no indication that the island is or has been a disposal area for hazardous or toxic waste materials. Salinity in the vicinity of the project averages 30 parts per thousand (ppt) and seldom drops below 20 ppt within Core Sound. No significant change in salinity is expected to occur in the surrounding waters of Wainwright Island as a result of the proposed action. No significant adverse impacts are expected to occur to water quality or to ground water resources as a result of the proposed activity. 4 6.02 Estuarine Resources The principal users of the waterway connecting Pamlico Sound and Beaufort Harbor are commercial fishermen and recreational boaters. Commercial usage primarily consists of transporting fresh fish, shellfish, and menhaden for market (Corps of Engineers, 1994). General estuarine habitats in the project area include sounds, inlets, bays, and tributary marsh creeks. The 1988 map entitled "NOAH -Coastal Ocean Program Submerged Aquatic Vegetation Stud(" (National Marine Fisheries Service (NMFS), 1991) published by Ithe NMFS Beaufort Laboratory indicates that submerged aquatic vegetation (SAV) habitat may be present on both sides of the waterway in the Wainwright Island area and throughout Core Sound in general. Eelgrass (Zostera manna), shoalgrass (Halodule wrighl.)i , and widgeon grass (Ru is maritima) occur throughout Core Sound. Dredge and fill operations can remove or bury SAV and make bottoms unsuitable for SAV habitat. Dredging may result in depth, turbidity, current, or salinity changes detrimental to SAW; however, the channel area to be dredged is not mapped as containing SAV resources. It is anticipated that the effluent discharge may affect SAVs and/or their shallow water habitat off the western shoreline of the island. Construction of the shoreline sand berm to control the effluent will minimize the amount of suspended solids entering the open water. It is anticipated that most residual suspended solids will settle in the area between the retention berm and any SAV. The presence of SAVs (eelgrass and widgeon grass) in non -channel sites around the island was verified by the NMFS ,on May :3, 1995. They advise that eelgrass can tolerate 25 percent burial of plant height for short periods without increasing mortality or reducing productivity. The location and extent of SAVs will be determined using pre -project interpretation of June 1995 aerial photograph,. During that month, a base line sub- meter accuracy SAV imap will be compiled using Geographic Positioning System (GPS) technology. A seagrass boundary will be staked parallel to the island's western shoreline (near Site C, Figure 2). This boundary will be included on the work site plan. After disposal operations are complete, a seagrass inventory and impact assessment will be conducted by the NMFS. This; information will be compared with the pre -project data. If it is determined that SAV resources have been adversely impacted, compensatory mitigation will be provided in accordance with the recommendations of the NMFS. 5 The nearest oyster or clam leases are on the mainland side of Core Banks near the town of Atlantic and will not be impacted by the project. Public oyster resources are not located within the immediate project area but are abundant in other areas of Core Sound. Oysters will not be adversely impacted by the project. Core Sound is open to the mechanical harvest of clams except in SAV habitat areas and within oyster and clam leases. However, the mechanical clam harvest line stops just south of Wainwright Island. Hard clams (Mercenaria mercenaria) may be taken by hand in shallow water not subject to shifting sand due to tidal flows. NCDMF advised that clam density is not expected to be significant in the vicinity of Site B (see Figure 2); they did not express concern for project impacts to clams. The NCDMF advised that bay scallops may be present on the southwest side of the island_ Due to their mobility, it is not anticipated that the scallop resource will be adversely impacted by turbidities or sediments generated along the shoreline by the effluent discharge. Core Sound also provides habitat for an abundance of other estuarine and marine organisms. Blue crabs, shrimp, and finfish are taken by commercial and recreational fishermen from this estuary. Larval fish and shrimp migrate to and from primary nursery areas throughout the Sound. The nearest primary nursery area is Cedar Island Bay located to the southeast of Wainwright Island; this nursery area will not be impacted by the project. However, to protect migrating larvae and other sensitive aquatic fauna during periods of high biological activity, dredging activities will be limited to the period between October 1 and March 31. 6.03 Terrestrial Resources Terrestrial resources on Wainwright Island on the highest elevations include mixed shrub thickets, sparsely vegetated areas, and unvegetated areas comprised of sand and shells. The shoreline fringe areas contain sparse or no vegetation to the marsh or high tide line. There are no areas on the island that would be classified as maritime forest habitat. Because it is isolated from the mainland and the Outer Banks, no predators are found on Wainwright Island, a factor critical to the survival of colonial waterbird species. Breeding and nesting activities occur from April 1 through August 31 of each year. Dredging and disposal activities will be limited to the period from October 1 through March 31 to protect the colonial waterbirds and their habitat during the breeding and nesting season. 5 6.04 Beneficiail Use The preferred disposal alternative would: (1) Provide for satisfactory disposal of maintenance dredging material; (2) s' abilize, the existing upland limits of the island; (3) enhance or create habitat for colonial watarbird species such as royal terns and sandwich terns, snowy egrets (Egretta thula thula), tri -colored herons (Evretta tnLcolor), and glossy ibis (Plegadis falcinellus falcinellus); and (4) existing habitat would be preserved and expanded for breeding brown pelicans, herring gulls (Lary s ar entatus smithsonianus) and great black -backed gulls, and wading birds such as black -crowned night herons (Nycticc►rax nvcticorax h_)act/i , great egrets (Casmerodius albus a recta), and little blue herons (Florida eaerulea caeru/ea). Wind and wave erosional forces have significantly reduced Wainwright Island from its original 16 -acre size. It is a national bird sanctuary owned by the National Audubon Society. The island is one of North Carolina's most important nesting sites for colonial waterbirds (Parnell 1995). In 1991 the island supported North Carolina's largest colony of nesting royal terns (13tema madma maxima) (6,337 pairs) (Corps of Engineers, 1993) and many sandwich terns (;)terna sandvicensis acuf/avidus). It presently supports the State's second largest colony of nesting brown pelicans (Pelecanus occidentaifs carolinensis) (950 pairs). Suitable bare ground nesting and breeding habitat for terns has diminished greatly due to wind and wave erosion and vegetation growth. Nesting habitat fer brown pelicans is now threatened. Royal and sandwich terns abandoned the iisland in 19914. Colonial waterbird nesting sites in North Carolina have been reduced almost 50 percent from the mid 1970's to the late 1980's (Golder 1995; Bain 1989; Parnell and Soots 1979). As a result, more and more birds utilize the remaining but rapidly eroding breeding and nesting islands. Although colonial waterbird populations within North Carolina are not presently declining, this may not be the situation in the near future (Parnell 1995). Crowding increases the potential for a catastrophic loss of birds by disease, weather related events (e.g., hail storms), or by human activities. The National Audubon Society :supports the placement of dredged sand in such a way as to protect the ;pelican and wading bird nesting habitats while restoring the tern nesting habitat. They recommended that a fringe of vegetation be left on the eastern and northern sides of the island to provide habitat for pelicans and that no material be placed on the northwestern finger of the island. Similar landscaping actions have proven to work successfully on South Pelican and Ferry Slip Islands in the lower Cape Fear River (Golder 19,95). 7 6.05 Threatened and Endangered Species The proposed work has been reviewed for compliance with the Endangered Species Act of 1973, as amended. Informal consultation was initiated with telephonic requests on March 16, 1995, for the North Carolina endangered species lists from the U.S. Fish and Wildlife Service (USFWS) and the NMFS. Based on these listings, the following species may occur in the project area and must be considered: SPECIES Leatherneck sea turtle Kemp's ridley sea turtle Loggerhead sea turtle Green sea turtle Arctic peregrine falcon Roseate tern Bald eagle Piping plover Red -cockaded woodpecker Rough -leafed loosestrife Seabeach amaranth Eastern cougar American alligator Dismal Swamp southeastern shrew Sei whale Sperm whale Finback whale Right whale Hawksbill sea turtle Leatherback sea turtle Shortnose sturgeon SCIENTIFIC NAME Dermoche/vs coriacea Lepidochelvs kem Caretta caretta Chelonia mvdas Falco peregrinus tundrius Sterna dou allii dou allii Haliaeetus leucocephalus Charadrius melodus Picoides borealis Lvsimachia asperulaefolia Amaranthus pumilus Felis concolor cou uar All_ igator mississipoiensis Sorex lonjirostris frsheri Balaenoptera borealis Phvseter macrocephalus (catodon) Balaeno,otera phvsalus Balaena facialis Eretmochelys imbricata Dermochelvs coriacea Aci,oenser brevirostrum STATUS Endangered Endangered Threatened Threatened Threatened Endangered Endangered Threatened Endangered Endangered Threatened Endangered Endangered Threatened Endangered Endangered Endangered Endangered Endangered Endangered Endangered The eastern cougar, rough -leafed loosestrife, Dismal Swamp southeastern shrew, and red -cockaded woodpecker should not be affected by the proposed work, as Wainwright Island does not contain suitable habitat for these species. Furthermore, their presence on the island is highly unlikely since it is isolated by surrounding waters and situated far from the nearest mainland area. Sea turtle nesting habitat is confined to oceanfront beaches. They would be expected to appear along the North Carolina coast between May 1 and November 15. Due to its estuarine location, Wainwright Island would not provide suitable nesting 8 habitat for any sea turtles. Green, Kemp's ridley, and loggerhead turtles may feed in the project area; however, the NMFS has determined that hydraulic pipeline dredges are unlikely to adversely affect sea kirtles. Due to the estuarine location of the project, none of the whales would be impacted by the proposed work. The arctic peregrine falcon and the bald eagle may migrate through the area or occur as winter residents in eastern North Carolina. Wainwright Island does not provide suitable nesting, resting, or feeding habitat for these species. The project should not adversely affect the falcon or the bald eagle. The shortnose sturgeon may be found in the area. It has been documented for the Cape Fear River (Moser and Ross, 1993), but no other populations are known within coastal North Carolina. Due to their mobility, this species should not be affected by the work as there is no direct evidence that dredging negatively impacts migrating shortnose sturgeon (Moser and Ross, 1993). Seabeach amaranth is an annual or perennial plant only found on oceanfront or ocean inlet beaches. Because of its presumed absence in estuarine environments, this plant should not be impacted by the project. The piping plover is a winter resident of the beaches of North Carolina. Due to its estuarine location, Wainwright Island does not provide suitable nesting or feeding habitat for this oceanfront inhabitant. The roseate tern infrequently visits the area but is not known to nest here. The project should not adversely affect these species. The American alligator is no longer a threatened species and is listed only for similarity of appearances purposes. Section 7 consultation requirements no longer apply to this species. In summary, it has been determined that the proposed project, as described in section 1.00, is not likely to adversely impact or affect any listed threatened or endangered species or their critical habitat. 6.06 Archaeological/Historical Resources The project area was visually inspected on May 3, 1995, by Mr. Mark Mathis, Archaeologist, North Carolina Division of Archives and History. Mr. Mathis commented that no archaeological survey has been previously conducted on the island (Attachment C). The field inspection demonstrates the site contains substantial undisturbed and potentially significant cultural deposits. Mr. Mathis recommends that archaeological testing be conducted across the island to: (a) document the nature, extent, and 9 condition of the cultural deposits; (b) evaluate the significance of the deposits with regard to the National Register of Historic Places; and (c) develop, if warranted, an appropriate impact mitigation plan. A copy of the State field report (Mathis 1995) will be supplied upon written request. In summary, large numbers of sand and clay Middle and Late Woodland Period (AD 800 -1500) ceramics were found on the surface. The island contains a heavy covering of shell midden, particularly on its northern and western sides. The southern and eastern sides appear to have been previously disposed upon, and this material may be hiding any remaining midden. Impacts to the site will be limited to covering of artifact deposits and possible damage from heavy equipment. Prior to project commencement, an archaeological survey will be implemented which will assess National Register of Historic Places eligibility. If the Corps and State agree that the site is significant, some restrictions may be placed on the manner in which heavy equipment is operated. 6.07 Recreation and Aesthetic Resources Wainwright Island lies within Core Sound which is part of the second largest estuarine system in the eastern United States. The area affords opportunities for many boating and other saltwater recreational activities including swimming, finfishing, shellfishing, water skiing, and bird and other nature observing and exploration activities. The proposed maintenance dredging work will only have short-term and minor impacts, if any, on the recreational activities and natural aesthetics of the estuarine environment. As discussed in section 6.04, the work will be beneficial to colonial bird populations. 6.08 Development Due to the isolation of the work site, it is not anticipated that commercial or residential development opportunities will be enhanced or hindered by the proposed work. Most of the surrounding area is comprised of public land or areas not considered prime development property. Cape Lookout and Cape Hatteras National Seashores lie to the east; the Cedar Island National Wildlife Refuge is situated southeast. The nearest mainland areas are comprised of Federal and State regulated wetlands, areas protected from development activities. Commercial fishing traffic is not expected to increase in the future in Core Sound. 6.09 Executive Order 11988, Flood Plain Management The proposed disposal area is located within the 100 -year flood plain. However, as discussed in section 5.03, there are no feasible upland alternative sites. As 10 discussed elsewhere in this EA, adverse impacts to natural flood plain resources have been minimized; therefore, the proposed action complies with all applicable State and local flood plain ordinances and with Executive Order 11988, Flood Plain Management. 6.10 Executive Order 11990. IProtection of Wetlands The proposed action has been evaluated under Executive Order 11990, Protection of Wetlands. The shoreline: of Wainwright Island contains regularly flooded tidal wetlands characterized by the presence of scattered fringe areas of saltmarsh cordgrass (S artina alterniflora) and .invegetated intertidal flats. Impacts to wetlands will be minimized by construction of the effluent retention berm above the m.h.w. line. It is anticipated that any adversely impacted tidal wetlands will quickly recover or reestablish along the shoreline limits below the effluent retention berm. Elevation contouring by control of effluent may present opportunities to create and expand (both tidal and intertidal) wetlands beyond the amount that may be affected by the proposed disposal work. If deemed appropriate and necessary, sprigs will be planted at proper elevations to accelerate the establisl-ment of wetland vegetation. Additionally, a law function and value wetland area vegetated by Phraomites australis has been established within the upland portion of the island. Concern for this area was not expressed by respondents to the scoping letter or attendees at the scoping meeting. 6.11 Air ualit f The project is located within the jurisdiction for air quality of the Wilmington Regional Office of the North Carolina Department of Environment, Health, and Natural Resources. The ambient air quality fir' Carteret County has been determined to be in compliance (attainment area) with they National Ambient Air Quality Standards. This project is not anticipated to create any adverse; effect on the air quality of this attainment area. 7.00 RELATIONSHIP TO LAND USE PLANS The Carteret County Coastal Ansa Mana<�ement Act (CAMA) Land Use Plan of March 1991 classifies the waters of Core Sound as ORWs. The proposed dredging and dredged material disposal would not result in significant adverse effects to the lands and waters on and around Wainwright Island; therefore, the proposed action does not conflict with the land use plains for Carteret County. 11 6.00 RELATIONSHIP TO NORTH CAROLINA COASTAL AREA MANAGEMENT PROGRAM Based on information presented within this EA, the proposed maintenance dredging of Wainwright Slough by pipeline dredge with disposal on Wainwright Island by control of effluent is consistent with the approved Coastal Management Program of the State of North Carolina and the 1991 Carteret County Land Use Plan. During coordination of the EA, the North Carolina Division of Coastal Management will review the information presented herein and furnish a consistency position on the proposed work. 9.00 PUBLIC AND AGENCY INVOLVEMENT 9.01 Scoping On March 27, 1995, a scoping letter was sent to Federal and State agencies, interest groups, and the public to request identification of significant resources; issues of concern; and recommendations for studies considered necessary. Further coordination was conducted during an onsite scoping meeting held on May 3, 1995 (see Attachment B for list of attendees). Responses to the scoping letter are presented in Attachment C. The letters noted support for the project, suggestions for beneficial uses of dredged material, and concerns needing to be addressed. 9.02 Fish and Wildlife Coordination The USFWS, by letter dated April 25, 1995, identified fish and wildlife resources in the project area and discussed potential project -related impacts._. Recommendations of that report were considered during project development. The following paragraphs present these recommendations and the U.S. Army Corps of Engineers' response to each. The Service recommended that the planning include the following considerations: USFWS Recommendation: As much sediment as possible should be placed above the high tide line on the existing island, consistent with the creation of suitable nesting habitat for colonial birds. These efforts should be coordinated with the National Audubon Society, the North Carolina's Wildlife Resources Commission, and the Service's Habitat Management Biologist. 12 Corps Response. This EA is being circulated for comment to the suggested parties. All recommendations for creating suitable colonial waterbird habitat will be considered. USFWS Recommendation: Sediment which cannot be placed above the high tide line should be used to expand the; area of habitat for colonial waterbird nesting in areas which are now intertidal and suptidal. Although the Service does not endorse the elimination of estuarine shallows, the Service would not oppose the restoration of the historic area of the island reduced by erosion. They recommend using historic data to determine the former extent of the island and limit disposal in intertidal and subtidal areas to the historic "footprint" of the island. Corps Response: To minimize impacts to SAVs, wetlands, and other estuarine resources, direct disposal will not encroach beyond the existing high ground limits of the island. As stated in section .4.03, ontrol of effluent disposal is the most cost effective and efficient method of dredged material disposal for the maintenance dredging of Wainwright Slough. Restoration of the island to its historic limits could be pursued by the National Audubon Society under the cost sharing procedures of Section 204 of the Water Resources Development Act of 1992 (P.L. 102-580). The Corps would be a willing cosponsor of such a proposal. USFWS Recomrnendation: The Service recommends that the Corps eliminate the use of a sandbag retention wall frorn the planning process. Corps Response: The preferred disposal method, Alternative 1 - Control of Effluent (see section 4.02), does not involve use of a sandbag retention area. USFWS Recomrnendation: The-Servic;e recommends that the Corps' planning process include a carefully considered work schedule which would avoid periods of high biological activity. Corps Responses: As stated in .section 6.03, all dredging and disposal work will be conducted between October 'i and March 31 to avoid periods of high aquatic and terrestrial biological activity. 9.03 Other Agencies and Organiizations Representatives from the following, agencies and organizations were contacted regarding the proposed action: North Carolina Division of Coastal Management North Carolina Di�� sion of Environmental Management North Carolina Division of Marine F=isheries 13 North Carolina Wildlife Resources Commission North Carolina Division of Archives and History National Marine Fisheries Service U.S. Fish and Wildlife Service U.S. Environmental Protection Agency National Audubon Society University of North Carol ina-Wiimington (Dr. James Parnell) 10.00 LIST OF RECIPIENTS This EA is being circulated for 30 -day review to the following agencies and individuals: Federal Agencies U.S. Environmental Protection Agency, Region IV Forest Service, USDA, Southeastern Area U.S. Department of Housing and Urban Development Advisory Council on Historic Preservation National Oceanic and Atmospheric Administration Center for Environmental Health National Marine Fisheries Service U.S. Department of Interior U.S. Fish and Wildlife Service Fifth Coast Guard District Federal Highway Administration National Resource Conservation Service, USDA U.S. Department of Energy U.S. Coast Guard Postmasters State Agencies North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management Division of Environmental Management Division of Marine Fisheries State Clearinghouse 14 Libraries UNC-Chapell Hill Library Librarian, North Carolina Environmental Resources Library UNC -Wilmington Library North Carolina State Library Duke University Library Elected Officials Honorable Jean Preston Honorable Jonathan Robinson Honorable Beverly M. Perdue Honorable Patrick J. Ballentine Honorable Walter B. Jones, Jr. Honorable Lauch Faircloth Honorable Jesse Helms Chairman, Board of Carteret Ccunty Commissioners Mayors Local Agencies North Carolina Council of Governments Region P Carteret County Economic Development Council Morehead City Building Inspector Conservation Groups Conservation Council of North Carolina North Carolina Environmental Defense Fund Sierra Club National Audubon Society National Wildlife Federation North Carolina Wildlife Federation Carteret County Crossroads Izaac Walton League Col leges/Universities UNC Institute of Marine Science Duke University Department of geology Cape Fear Community College 15, Companies and Individuals Carteret -Craven EMC Jacksonville Daily News Carteret County News -Times Morehead City Shipping Company Williams and Haywood, Inc. T.D. Eure Construction Company Wilmington Shipping Company Sailcraft, Inc. Texasgulf, Inc. Stevens Towing Company Stroud Engineering Land Management Group, Inc. George Davenport Grady Davis John Hooten T.O. Talton R.T. Jones Luther Smith and Son Lloyd Wood Alex Malpass Calvin Mason R.W. Chambers John Fussell Frank Hatsel Walter Gentry William Whaley Anne McCrary Vince Bellis Ray Brandi Orrin Pilkey James Parnell Claude Brown W.D. Aman 11.00 POINT OF CONTACT Any comments or questions regarding this EA should be addressed to Mr. Ernest Jahnke, Engineering and Planning Division, Environmental Resources Section, U.S. Army Corps of Engineers, Wilmington District, PO Box 1890, Wilmington, North Carolina 28402-1890. Telephone contact is (910) 251-4581. 16 12.00 REFERENCE► Bain, Harold C., Jr. 1989. Trends in Site,, Utilization Among Colonial Waterbirds in North Carolina Estuaries. Master cf Science Thesis, University of North Carolina - Wilmington. Ferguson, Randolph L.; Wood, Lisa L.; and Pawlak, Brian T. 1988. SAV Habitat from Drum Inlet to Ocracoke Inlet, North Carolina. (Map). National Ocean Service, Photogrammetry Branch, Nautical Charting Division: Rockville, MD. Golder, Walker. 1995. Sanctuary Manager for the National Audubon's North Carolina Coastal Island Sanctuary Program, Wilmington, North Carolina. Personal Communication. May 1995. Kimmel, Richard H. 1995. Cultural Resources Assessment of the Wainwright Island Vicinity, Carteret County, North Carolina. Memorandum dated May 8, 1995, on file. U.S. Army Corps of Engineers, Wilmington, North Carolina. Mathis, Mark A. 1995. Archaelog!ical Field Inspection of Wainwright Island - 31 CR273, Core Sound, Carteret County, North. Carolina. Moser, M.L. and S.W. Ross. 1993. Distribution and Movements of Shortnose Sturgeon (Acipenser brevirostrurn) and Other Anadromous Fishes of the Lower Cape Fear River, North Carolina. Final Report to the U.S. Army Corps of Engineers, Wilmington District. Parnell, James F. 1995. Professor of Ornithology, University of North Carolina - Wilmington. Personal Communication. May 3, 1995. Parnell, James F. and R.F. Soots, Jr. 1979. Atlas of colonial waterbirds of North Carolina estuaries. UNC Seagrant Publication. UNC -SG -78-10. June 1979 National Marine Fisheries Service.. 1991. Biological Opinion, Dredging of Channels in the Southeastern United ;States from North Carolina Through Cape Canaveral, Florida. November 25, 199,111, U.S. Army Corps of Engineers. Colonial Waterbird Database Program. Contract No. DACW54-88-H-0012. Updated 1993. 1994. Limited Reevaluation Report and Draft Environmental Assessment for Drum Inlet, Carteret County, North Carolina, June, 1994. 17 �1 VARYING-- T.w nw� TYPICAL SECTION C.— 'r I .TI G oAE E R ST�� LOCALITY MAP I V Srau OF rlt[e R e so so U S E IAAt L co so 4v o N E -- •.�. .-......./ wcsr IAr -tom 'w•. h IAfMNi1T 0 : 4 JLIYIM .f • _ ••.�v ...... .....• CEDAR ISLAND J%' SITE ATLANTIC .'ATLANTIC 1 j•jeAALRV•L1 'f SAND BAG o4�� OtSFOSAt AREA qty C A R T E R E T COUNTY "VIS SO J+ O �r wn.w ` 4 se• vw. gr �''• 'Ise aTct.e'iu ll e r ;� ~tset. 1► � a stop Nor v =06f OIL s fes;' i �atRt ����v�JJ� i aaT � 0 V • a i o + SAND BAGMileo • 0 is the fkroO k B waterway is aleeewed Southward tram the ,I,NKaYr •-.. DISPOSAL AREA efINT Merth end of Weiawright SSeuah. i, T,.• WATERWAY CONNECTING PAMLICO S0. Ek BEAUFORT HARBOR, NORTH CAROLINA SCALE OF MILES t O A 4 A e CORPS OF ENGINEERS WILMINGTON, N.C. MAP REVISED SEPTEMBER 1987 FIGURE 1 SITE A - Existing Disposal Area SITE B - Proposed Sandbagged Disposal Area SITE C - Proposed Unconfined Toe -of -the -Bank Disposal Area SITE D - Proposed Upland Disposal w/ Control of Effluent Area SITE B S ITE C SITE D' _:NP- o.-- — WAINWRIGHT ISLAND Not to Scale Photo 28 SEP 94 FIGURE 2 SITE A MAINTENANCE DREDGING WA114WRIGHIT SLOUGH WATERWAY CONNECTING P'AMLICO SOUND AND BEAUFORT HARBOR CARTERET COUNTY„ NORTH CAROLINA EVALUATION OF SECTION 404(b)(1) GUIDELINES 40 CIFR 230 Secticn 404 Public Notice No. CESAW-EP-PE-95-16-0005 1. Review of Compliance (230.10(a) -(d}1 Preliminary1/ Final 2/ A review of the NEPA Document indicates that: a. The discharge represents the least environmentally damaging practicable alternative and if in a special aquatic site, the activity associated with the discharge must have direct access or proximity to, or be located in the aquatic ecosystem to fulfill its basic purpose (if no. _ _ _ _ see section 2 and NEPA document); YES _I NOF YESI X I NOI_r b. The activity does not: 1) violate applicable State water quality standards or effluent standards prohibited under Section 3,07 of the CWA; 2) jeopardize the existence of federally listed endangered or threatened species or their habitat; and 3) violate requirements of any federally designated marine sanctuary (if no, see section 2b and check responses from reso jrce and water quality, certifying agencies); YESI_I NOI_I- YESI X I NOI_I c. The activity will riot cause or contribute to significant degradation of waters of the U.S. including adverse effects on hurnan health, life stages of organisms dependent on the aquatic ecosystem, ecosystem diversity, productivity and stability, and recreational, aesthetic, and economic values (if no, _ _ _ see section 2); YESI_I NO(_I` YESI X I NOI_I d. Appropriate and practicable steps have been taken to minimize potential adverse impacts of the discharge on the aquatic ecosystem (if no, see section 5). YESI_I N0I_1- YESI X I NOI_( Proceed to Section 2 1, 21 See page 6. 2. Technical Evaluation Factors (Subparts C -F) Physical and Chemical Characteristics of the Aquatic Ecosystem (Subpart C) (1) Substrate impacts. (2) Suspended particulates/turbidity impacts. (3) Water column impacts. (4) Alteration of current patterns and water circulation. (5) Alteration of normal water fluctuations/hydroperiod. (6) Alteration of salinity gradients. b. Biological Characteristics of the Aquatic Ecosystem (Subpart D) (1) Effect on threatened/endangered species and their habitat. (2) Effect on the aquatic food web. (3) Effect on other wildlife (mammals, birds, reptiles, and amphibians). C. Special Aquatic Sites (Subpart E) (1) Sanctuaries and refuges. (2) Wetlands. (3) Mud flats. (4) Vegetated shallows. (5) Coral reefs. (6) Riffle and pool complexes. d. Human Use Characteristics (Subpart F) (1) Effects on municipal and private water supplies. (2) Recreational and commercial fisheries impacts. (3) Effects on water -related recreation (4) Aesthetic impacts. (5) Effects on parks, national and historical monuments, national seashores, wilderness areas, research sites, and similar preserves. Not Signifi- Signifi- N/A cant cant* I I 1 i I I I ! X I I I I X I I I I ! t X I i XI I I I 1 X I i l X l I I I I X I I I_X I ► ! I X I I j I_ X I { I I I I X I I I I I I I I X I I I I X I I I X 1 j I I I I l I I I ! I I I I I I I I X I 1 Remarks: Where a check is placed under the significant category, preparer add explanation below. Proceed to Section 3 `See page 6. A2 3. Evaluation of Dredged or Fill Material (S jboart X3 3 a. The following information has been considered in evaluating the biological availability of possible contaminantss in dredged or fill material. (Check oily those appropriate) (1) Physical characteristics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . IN (2) Hydrogralphy in relation to known or anticipated sources of contaminants ....................................IXI (3) Results from previous testing of the material or similar material in _ the vicinity of the project . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . (4) Known, significant sources of persistent pesticides from _ land runoff f or percolation ...... ..... ......................... I_I (5) Spill records for petroleum products or designated (Section 3.11 of CWA) hazardous substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . (_) (6) Other public records of significant introduction of contaminants from industries, municipalities, or other sources..............................................I_I (7) Known existence of substantkil material deposits of substances which could be released in harmful quantities to the aquatic environment by _ man -inducted discharge activities . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. I_I (8) Other sources (specify) . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . .. . . . I_I last appropriate references. Reference: Environmental Assessment, Maintenance Dredging, Wainwriaht Slough, Waterway Connecting Pamlico Sound and BEzufort Harbor, Carteret County, North Carolina, dated June 1995. b. An evaluation of the appropriate information in 3a above indicates that there is reason to believe the proposed dredge or fill material is not a carrier of contaminants, or that levels of coniaminantas are sub- stantively similar at extraction and clisposal sites and not likely to result in degradation of the disposal site. The material meets the testing exclusion criteria. YES I X I NO I_{• Proceed to Section 4 ", 3/, see page 6. A3 4. Disposal Site Determinations (230.11(f)). a. The following factors as appropriate, have been considered in evaluating the disposal site. (1) Depth of water at disposal site . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . IN (2) Current velocity, direction, and variability at disposal site . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . !XI (3) Degree of turbulence .......................... ............ I_) (4) Water column stratification ................................... I_I (5) Discharge vessel speed and direction ............................................. _ I_I (6) Rate of discharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .IXI (7) Dredged material characteristics (constituents, amount and type of material, settling velocities) .... ......................... .... IXI (8) Number of discharges per unit of _ time...............................................I-1 (9) Other factors affecting rates and patterns of mixing (specify) List appropriate references. Reference: Environmental Assessment, Maintenance Dredging, Wainwriaht Sough. Waterway Connecting Pamlico Sound and Beaufort Harbor, Carteret County, North Carolina, dated June 1995. b. An evaluation of the appropriate factors in 4a above indicates that the disposal site _ and/or size of miiang zone are acceptable . . . . . . . . . . . . . . . . . . . . . . . . YES IXI NO I_I' 5. Actions to Minimize Adverse Effects (Subpart H). All appropriate and practicable steps have been taken, through application of recommendations of 230.70-230.77, to ensure minimal adverse effects of the proposed _ _ discharge. List actions taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . YES IXI NO I_I' For water quality see Section 6.01 of the EA. For benthos see Section 6.02 of the EA. For fisheries see Section 6.02 of the EA. For threatened and endangered species see Section 6.05 of the EA. Return to section 1 for final stage of compliance review. See also note 3/. page 3. `See page 6. A4 6. Factual Determinations (230.11). A review of appropriate information as identified in items 2-5 above indicates that there is minimal potential for short- or long-term environmental effects of the proposed discharge as related to: a. Physical substrate at the disposal site (review sections 2a, 3, 4, and 5). YES jXj _ NO b. Water circulation, fluctuation, and <,salinity (review sections 2a, 3, 4, and 5). YES jXj NO C. Suspended particulates/turbidity (review sections 2a, 3, 4, and 5). YES jXj NO j_j• d. Contaminant availability (review sections 2a, 3, and 4). _ YES jXj NO j_j• e. Aquatic ecosystem structure and function YES jXj NO (review sections 2b and c, 3, and 5). f. Disposal site (review sections 2, 4, and 5). _ YES jXj NO j_j• g. Cumulative impact on the aquatic ecosystem. YES jXj NO h. Secondary impacts on the aquatic ecosystem. YES jXj _ NO 7. Findings. a. The proposed disposal site for discharge of dredged or fill material complies with the Section 404(b)(1) guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. The proposed disposal site for discnarge of dredged or rill material complies with. the Section 404(b)(1) guidelines with the inclusion of the following conditions: . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. ... .. I_I 'See page 6. A5 8. C. The proposed disposal site for discharge of dredged or fill material does not comply with the Section 404(b)(1) guidelines for the following reasons(s): (1) There is a less damaging practicable alternative ... ..... _ F_I ................ (2) The proposed discharge will result insignificant _ degradation of the aquatic ecosystem ............................... (3) The proposed discharge does not include all practicable and appropriate measures to minimize _ potential harm to the aquatic ecosystem . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . V William R. Dawson, P.E. Chief, Engineering and Planning Division District Engineer Q Date: Date: ' 1 'A negative, significant, or unknown response indicates that the permit app kation may not be in compliance with the Section 404(b)(1) Guidelines, 11 Negative responses to three or more of the compliance criteria at this stage indicate that the proposed projects may not be evaluated using this "short form procedure." Care should be used in assessing pertinent portions of the technical information of items 2 a -d, before completing the final review of compliance. 2/ Negative response to one of the compliance criteria at this stage indicates that the proposed project does not comply with the guidelines. If the economics of navigation and anchorage of Section 404(b)(2) are to be evaluated in the decision-making process, the "short form evaluation process is inappropriate." 2/ If the dredged or fill material cannot be excluded from individual testing, the "short -form" evaluation process is inappropriate. A6 ATTACHMENT B ONSITE: SCORING MEETING MAY 3„ 1993 LPLT O1: A?TENDEES National Audubon Society National Marine Fisheries Service North Carolina Division of Archives cmd History North Carolina Division of Coastal Management, Morehead City Regional Office North Carolina Division of Environmental Management, Wilmington Regional Office North Carolina Wildlife Resources Commission, Northside Office, Raleigh North Carolina Wildlife Resources Commission, Habitat Conservation Office, Washington, North Carolina University of North Carolina - Wilmington ATTACHMENT C RESPONSES TO THE MARCH 27, '1995, SCOPING LETTER 'North Caroffma Department of Cultural Resources James B. Hunt, Jr., Govemzor Betty Ray McCain, Sewnny April 20, 1995 William R. Dawson,:PE Chief, Engineering and Planning Division Department of the Army Wilmington District, Corps of Engineers P.O. Box 1890 Wilmington, N.C. 28402-1890 Re: Dredge Disposal Modification, Wainwright Island, Carteret County, ER 95-8737 Dear Mr. Dawson: Division of Archives and Hist( WiUiam S. Price, Jr., Directo Thank you for your letter of Alaril 13, 1995, concerning the above project. Our records indicate that there, are no recorded archaeological or historic resources on Wainwright Island. However, the island has never been surveyed for sites. Based on similar islands in the region, It is quite possible that prehistoric remains may have at one time existed,m the island, assuming it is not a man-made spoil island. Mark Mathis of our Office of State Archaeology will participate in the field visit to the site on May 3, 1995. If there are any changes in plans please contact him at 919/733-7342. The above comments are mads; pursuant to Section 106 of the Natignal Historic Preservation Act of 1966 and ithe Advisory Council on Historic Preservation's _ Regulations for Compliance wrath Section 106, codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919/733-4763. Sk; erely, /"o A-�. (D V? David Brook Deputy State Historic Preservation Officer DB:siw ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director May 4, 1995 Mr. Earnest Jahnke Environmental Resources Section U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402-1890 Dear Mr. Jahnke: The trip to Wainwright Island on Wednesday, May 3, 1995 was very informative. I believe that the method of disposal which involves control of eluent with discharge directed overland (sites C and D) to the open water on the non -channel side (west side) of the island would be significantly enhance the island for colonial nesting birds and only minimally impact the shallow water habitat. I agree that toe -of -the -bank disposal would be the least desirable of alternatives that have been discussed. Thank you for arranging the trip. Please contact me if additional information is needed at this stage of review. Sincerely, 'WAN0 Zral'w.. Franklin T. McBride, Manager Habitat Conservation Program National : ; Audubon Society May 11, 1995 Mr. Ernie Jahnke Environmental Resources Section U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 284,02-1890 Dear Mr. Jahnke: North Carolina Coastal Islands Sanctua 10 E. Greensboro St., 87 Wrightsville Beach, NC 20 (910)256-3779 I am writing in response to requests for comments regarding the proposed disposal of dredged sand on Wainwright Island located at the junction of Cdre and Pamlico Sounds, Carteret County, North Carolina. Wainwright Island, owned and protected as a wildlife sanctuary by the National Audubon Society, has long been a vital nesting site for many species of colonial waterbirds. Deposition of dredged sand on portions of the island has created habitat suitable for nesting terns and pelicans, while habitats that existed prior to the disposal of dredged sand on the island have supported nesting wading birds. The island once supported North Carolina's largest colony of Royal and Sandwich terns, and continues to support the state's second largest colony of Brown Pelicans_ However, erosion and vegetation growth in recent years has eliminated the nesting habitat for Royal and Sandwich Terns which abandoned the island in 1994, and threatens the nesting habitat for Brown Pelicans. Erosion has also greatly reduced tate islalidl from its original size of 16 acres. The National Audubon Society supports the deposition of dredged sand'. on the island iu a :manner that will restore nesting habitat for waterbirds and restore *the island, as nearly as possible, to its original size. Of the disposal sites proposed in "figure 2" of the letter dated March 27, 1995, dredged sand placed on sites D, C and B would accomplish this. Audubon recommends ' that a fringe of vegetation be, left on the eastern . and northern sides of the island to provide habitat for pelicans and that no material be placed on the northwestern finger of the island. To restore the island to its original size, Audubon recommends that material be placed in site B and that sand bags be: used if deemed necessary or effluent be controlled to minimize the impact on surrounding shallows and restore the vital waterbird habitat that has been lost to erosion. ►�r.ao� w.c,a.s tiv.. Nesting waterbirds occupy Wainwright Island from 1 March to 1 September, therefore Audubon recommends that all activity on and adjacent to the island be completed between September and March. From the mid 1970's to the late 1980's, North Carolina's coast experienced an almost 50% reduction in the number of active nesting sites used by colonial waterbirds. Thus, those sites that remain are increasingly important. The 1993 Atlas of Colonial Waterbirds of North Carolina Estuaries (Parnell et al. 1995) includes loss of nesting habitat as a major threat to the state's waterbirds. We, at Audubon, appreciate the opportunity to comment on this project and .look- forward to working closely with the Corps to ensure - that Wainwright Island continues to provide a safe haven for nesting waterbirds. Please call me if you have any questions. :Since ly, Walker Golder Sanctuary Manager Literature Cited Parnell, 1. F., W. W. Golder and T. M. Henson. 1995. 1993 atlas of colonial waterbirds of North Carolina estuaries. NC Sea Grant Publication UNC -SG -95-02. Raleigh, North Carolina. RCV BY:Wilmington District ; 5-11-i�5 ; 16:07 State of North Carolina Department of Environment, health and Natural Resources Division of Coastal Management James B. Hurit, Jr., Govemor Jonathan B. Howes. Secretarli Raper N. Schecter, Director Willf 1m R. Dawson,, Chief Enpftteering and Planning Division U.S. Army Corps of Engineer Wifirdngton District P.G. Box 1890 Wflmftagton, NC 28402-1890 -+ USACE-Reg. Brand' may 11, 1995 Post4t" Fax Note 7671 TO 'rias a c�A� CoJDeM G AGr 25r/ - O0' DG M a�t4ol�e A R»BNCE: DCM9S-19: Sro*ng. Modification of Disposal Method, Walnwdght Ulana Dear Mr. Dawson: The, Divisfai of Coastal 1,UMennent would 11ko to dank you for the oppatudty to participate in the site meeting held May 3. 1995, Wainwright Idtaid in C*ttrct County. NG The Meeft was held to discaass and invite continent on the varkus alternatives which Mve been proposed for the digal caf dredged material from the AIWW on Wainwright Ubmi. As a tslpplt: mt: to the disettsdws held oaatc. we Offir ft following comments: I. we would conrider Alozmdv:. B to be the lent pcefen!ld alfeteadve. A 12W au of shallow bottom habitat arGIAI he lost and there an: patmtial atfgnilixgm ic%%= on wbmagMa a4UUk vegetaation and other eSdmrine n.9otaan . I Altecnad,is C would impart a Targe amount of wetland& eapocWly if efflW& w= uaoonfuted. 3. The combination 8/D altmt>ay.ve disctassed at the site meetmg WWW CNO dis )QW of the dredged m8liid on IM higher sandy portion of dwe island with the effitaetat being acted tlowtaslope,.westward tows* the 't+i Uff- Wo fool that Ibis alternative Could be x100 W Wo pVtridod the tnMrial is contained latadward of 'd* COMW wetlands vtgetWon line by a sandbeg tarring abrocsm F 4. A Consistency DM Mnation'rill be required for the pmposal to Its Mal (mt. pint to 15 CFR 930 Subpart C - Cotasaaaoy for Fodaral Activities. If you have any gmdoms Mgarftg our co nurienm pkatac coo= ante or Sem AoraM Di Ift of Coastal Manazement. at (919033-2293. Thank yce for yaw ootadderaaon of the Not* Cadina, Coastal Management Program. sincerely. (`aa im J. Belts ct~ Preston Pau, Assistant Diffusor. IN.vision of Coastal Management Charles loves. Division of Coastal h1anagemetx, Morehead CSty Earnest Jahnict, US Army Corps Of Engineers, WRinington Disodct 0 e1 Rev 77At7 Vein&*% New+k e-rf- r ry 17A T i_ 7AA-r TdnrJanna A eor" -- r w v n.n ,^^ • . - UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration �. P' NATIONAL MARINE FISHERIES SERVICE Southeast Fisheries Science Center Beaufort Laboratory 101 Pivers Island Road Beaufort, NC 28516-9722 May 8, 1995 MEMORANDUM FOR: Gordon Thayer FROM: Lisa Wood} SUBJECT: Wainwright Island Project On May 3, 1995, I visited Wainwright Island with representatives from Wilmington District U.S. Army Corp of Engineers, U.S. Fish and Wildlife Service, Audubon Society, CAMA, N.C. State Fisheries, UNC -Wilmington (Dr. Pernell), and the Archaelogy Society to discuss alternative disposal methods for maintenance dredging of Wainwright Slough. Adverse conditions for locating seagrass habitat were observed. Strong winds prior to our visit created turbid water conditions and cloudy skies prevented sunlight from illuminating the bottom. Sampling with a rake, we found Zostera marina and RuDnia maritima throughout Site B. Seagrass was not observed on the north side of the island. Over the past two years, the north side of the island experienced severe erosion. Most of the representatives supported depositing spoil on Site C to expand the nesting area for pelicans etc. There is a low berm between Site C and B. Effluent will flow down the berm into the area containing seagrass in Site B. The COS asked if the seagrasses could tolerate any degree of burial. I posed this question to Mark Fonseca. Mark explained recent research shows Zosters marina can tolerate 25i burial of plant height for short periods. The research suggested a thin layer of sediment greater than 25%- of the height of the smallest plant will significantly increase mortality and reduce productivity. Can the COE control the amount of effluent flowing down the berm in the seagrass habitat? SUGGESTIONS 1- Review 1995 aerial photographs for seagrass distribution and make a field trip under better atmospheric and water qualilty conditions. 2- Map boundaries of seagrass habitat and island with GPS for baseline data. Position stakes along boundaries for future reference. 3- Discuss ways to control effluent to avoid smothering seagrass. CC: Ernie Jahnke Larry Hardy Ron Sechler State of North Ca, .qia Department of Environment, A&*-W;wj'! Health and' Natural Resources &4j Division of Ntarine Fisheries A James B. Hunt, Jr., Governor � e MEW Jonathan B. Howes, Secretary C Bruce Freeman, Director May 5, 1995 Mr. Ernie Jahmke Environmental Resources Section P. O. Box 1891) Wilmington, NC 28402-1890 Dear Mr. Jahnke: As a result of rebi.ewing the. proposed spoil disposal modifica- tion of Wainwright Island and the on-site visit May 3, 1995, the North Carolina Division of Marine Fisheries would like the following concerns addressed in the upcoming environmental assessment. The presence of sea grass beds, i.e. Halodule wriahtii Zostera marina or Runpia Mari <t hard clams and bay scallops that may be buried by the deposition of spoil material will be the main concern of the Division,. Another investigation of the site on the southwest side: of the island needs to be conducted on a clear, calm day to determine the presence and density of these species. Bay scallops, if any, present on the southwest side of the island could be relocated east of the channel to the seagrass bed (s) there. The density of clams is not expected to be signifi- cant in the vicinity of the "Site B" area. Dredge spoil disposal on any significant sea grass concentrations should be avoided or impact should be minimized. How such gradual covering by sand over time the sea grass can withstand is unknown and any areas covered with grass should be separated from spoil effects. If the combination ' of Sites C and D with effluent directed toward Site B is pursuant as the preferred alternative the Division at this time would recommend the use of sand bag retention wall to reduce turbidity and contain the spoil material. Sincerely, David L. Taylor DLT:rrm cc: Mike Street Melba McGee P.O. Eax 769, EllcngWad City, !North Carorlrec 28557-0769 TeEephone 919-726-7021 FAX 919-726-0254 An Equal 4+por0unity Afficma6ve Ac kn E rmlover So% recydad/ 1016 Pc;t-conswctisr Raper United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services Post Office Box 33726 Raleigh, North Carolina 27636-3726 April 25, 1995 Mr. William R. Dawson Chief, Engineering and Planning Division U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402-1890 Dear Mr. Dawson: p TAKE AMEEI:l ANN This responds to your March 27, 1995 request for scoping comments from the U. S. Fish and Wildlife Service (Service) on the proposal by the Wilmington District, Corps of Engineers (Corps) to modify the method of disposal for dredge material from the maintenance dredging of the Wainwright Slough portion of the Waterway connecting Pamlico Sound and Beaufort Harbor, Carteret County, North Carolina. These comments are provided in accordance with the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543). This letter is provided on a planning aid basis and does not constitute the report of --the Department of the Interior as required -by Section 2(b) of the Fish and Wildlife Coordination Act. The current disposal method involves toe -of -bank placement on the channel side (east) of Wainwright Island. This disposal site is at capacity and material placed in this area quickly returns to the channel. The Corps is currently considering three alternatives to alleviate this'problem: (1) control of effluent with discharge directed overland to the open water on the non -channel (west) side of the island; (2) toe -of -bank disposal on the non -channel side with confinement by a sandbag retention wall; and, (3) toe -of -bank disposal on the non -channel side without confinement. Concerns of the Service and Recommendations for Environmental Document The Service recognizes the problems of the current disposal method and the need for modifications. The Service also is aware that Wainwright Island is an important nesting site for colonial waterbirds and that the island is managed by the National Audubon Society. The habitat value of the island for nesting waterbirds has been reduced by erosion and the growth of vegetation. Therefore, the Service believes that a major objective of this disposal plan should be -to enhance the value of the island as a nesting site for colonial waterbirds without significant adverse impacts to other fish and wildlife resources in the area. In light of this objective., the Service recommends that the Corps, planning include the following considerations: 1. As much sediment as possible should be placed above the high tide line on the existing island. However, this placement should be consistent with the creation of suitable nesting habitat for colonial waterbirds. Sediment placed above the high tide line should be properly contoured and at a proper height to maximize the habitat value of the area. The final configuration of sediment above the high tide line should be coordinated with the National Audubon Society, the North Carolina Wildlife Resources Commission, and the Service's Habitat ,Management Biologist Bob Noffsinger, who may be reached at -(919) 473-6983. 2. Sediment which cannot be placed above the high tide line should used to expand the area of habitat for colonial waterbird nesting in areas which are now intertidal and subtidal . While the Service does not endorse the elimination of estuarine shallows, the Service would not oppose the restoration of 'the historic area of this island which has been reduced by erosion. 'Therefore, the Service recommends that the Corps' use historic data to determine the former extent of the island and limit disposal in intertidal and subtidal areas to the historic "footprint" of the island. 3. The Service does not support the construction of hard, erosion control structures in marine or estuarine areas. The Service believes that the use of a sandbag wall to retain the sediment `could be an undesirable precedent which could lead to increased efforts by others to erect such structuress. Therefore, the: Service recommends that the Corps eliminate the use of a sandbag retention wall from the planning process. 4. Any dredgring and disposal project during a time of high biological activity can produce adverse, environmental impacts to species such as sea turtles and/or anadromous fish, among others. Therefore, the Service recommends that the Corpse planning process include a carefully considered work schedule which would avoid periods of high biological activity. The attached pages identify the Federally -listed endangered, threatened, and candidate species which occur in Carteret County, North. Carolina. The section of the environmental document regarding protected species should contain the following information: 1. A review of the literature and other information; 2. A description of any listed species or critical habitat that may be affected by the action; 3. An analysis of the "effect of the action", as defined by CFR 402.02, -on the species and habitat including consideration of direct, indirect, cumulative effects, and the results of related studies; 4. A description of the manner in which the action may affect any species or critical habitat; 5. Summary of evaluation criteria used as a measure of potential effects; and 6. Determination statement based on evaluation criteria. Candidate species refers to any species being considered by the Service for listing as endangered or threatened but not yet the subject of a proposed rule. These species are not legally protected under the Act or subject to its provisions, including Section 7, until formally proposed or listed as threatened or endangered. New data could result in the formal listing of a candidate species. This change would place the species under the full protection of the Endangered Species Act, and necessitate a new survey if its status in the project corridor is unknown. Therefore, it would be prudent for the project to avoid any adverse impact to candidate species or their habitat. The North Carolina Natural Heritage Program should be contacted for information on species under State protection. The Service appreciates the opportunity to provide these comments and we look forward to continued involvement with the Corps on this project. If you have any questions, please call Howard Hall at 919-856-4520 (ext. 27). Sincerel , u� L.R. Mike �Gantt Supervisor REVISED ,APRIL 19,, 1995 Carteret County Mammals Eastern cougar Fegs conccouauar,) - E Bir Said eagle (Haliaeetus leucoce ha aluz) .- E peregrine falcon (Falco nereorinus �n rdi ) - T Red cockaded woodpecker (Plcoldes hgireaffs) - E Roseate team (Stoma dgucal douaaltai) _ E Piping plover (Charaddys mel; us) - T Reptiles Green sea turtle (Chelonla mxf aim) - T Kemp's (ALdantic) Ridley sea turtle (Legtfdochelvs kemoi) - E Leathe,rbalck $ea "le (Derrmocheha cbriacea) - E Loggearihead sea turtle (garens caretta) - T Plants Rough -leaved loosestrife (Lvsii�achea ;M,oerulaefolia) - E Seabeach amaranth ma n hum j�miltts) - T Sea turtles when 'in the water ::ale under the Jurisdiction of. the National Marine Fisheries Service and should be contacted concerning your ag!mcy's responsibilities under Section 7 of the Endangered. spades Act. Their address is: National Marine Fishetles Service U.S. Department of comm 9450 Koger Boulevard Duval Building St.. Petersburg, Florida 3:3702 There are spades wtIch, although not stow fisted or officially proposed for listing as endangered or threatened, are under status review by d"I Service.. These BCandidate'(C1 and C2) spades are not legally protected under the Act, and ars not subject to any of hs proviitons,, including Section 7, until they are formally proposed or listed as dtraaterwdor endangered. We are providing the below Est of candidate spades which may occur within the pr+ojact area for the purpose of giving' you advance notification. These spades may be listed in the future, at which time they will be protected under the Act. In the meantime, we would appreciate anything you might do for than. Birds Bachnian's sparrow (Aimoaht(aI >lnIhaft) - C2 Black rall (lsterallus 1sit) - C2 Henslow's 'sparrow (Ammodraa�W bgn-g _ C2 Re ilei, Northern diamondback terrapin (Maladorn terrapin terrapin) - C2 Arnohibians Carolina crawfish frog Rana Lreoiata g jito) - C2 Crustaceans Croatan crayfish (Procambarvs RhLowmar(>Is) - C2 Carteret County (cont'd) REVISED APRIL 19, 1995 Insects Carter's noctuid moth (Soartiniahaaa carterae) - C2 Plants Carolina goldenrod Solida oulp chra) - C2 Chapman's sedge Carex chanmanii - C2 Dune blue curls (Trichostema 12.1 - C2 Loose watermilf oil (Mvrionhvtlum laxum) - C2 Pondspice ea 3aestivalis) - C2 Savanna camy(opus (Camy(onus caroGnae) - C2 Savanna cowbane Ox lis errata) - C2 Smooth bog -asphodel of IdiaIg abra) - C2 Venus flytrap Diona s musc3nu(a) - C2 ,,Eo sr„fes A o 4M.% UNITED STATES ENVIRONMENTAL PROTECTION AGENCY �yt�«pcE4� REGION I V 34:5 COURTL.AND STREET. N.E. ATLANTA. GEORGIA 30365 APR -.4 Colonel Robert J. Sperberg District Engineer, Wilmington P.O. Box 1890 Wilmington, :NC 28402-1890 Attn: Mr. Earnest Jahnke Environmental Resourzes Brunch Subject: Changes to the Kaintenance Design for the Wainwright Slough Portion of the Waterway Connecting Pamlico Sound and ;Beaufort Harloor, Carteret County, NC Dear Colonel Sperberg: Pursuant to your request of March 27, 1995, EPA, Region 4 has reviewed the -s,ubject proposal wisich discusses the environmental consequences of altering the current dredge disposal regimen on Wainwright Island. After an examination of the information provided and conversations with ElMvironmental, Resources I technical staff we suggest that a varlation of Option B and C be examined in more detail. Shallow eater habitat would be covered with maintenance material with each of these options, but by putting the material immEad:Lately adjacent to the present shoreline and using some kind of confining measure (sand bags/tubes) the overall footprint could be m i n f n l zo.d . This notwithstanding, it is not clear to us that shallow water habitat is a limiting factor in system functioning; whereas Providing some long-term p3-Oteeti.on to Wainwright Island which is relatively unique has obvious sea -it. It should be noted that the entire island appears to be at risk from erosional processes; hence. the no -action alterattive has its own adverse ramifications. For example, we understand that the island receives a great deal of use as a rookery and this capability mould be lost if it were inundated. On the basis of the: scop-- of: the proposal we have no significant objections to your plans to use an EA as the evaluation model rather than the moire comprehensive environmental impact statement format. Printed on Recycled Pap Thank you for the opportunity to comment on this action. If we can be of further assistance in this matter, Dr. Gerald Miller (404-347-3776 VM 6853) will serve as initial point of contact. Sincerely, W'Ay Heinz J. Mueller, Chief Environmental Policy Section Federal Activities Branch North Carolina :Deparbnanit of Cultural Resources Janis B. Hunt. Jr.. Govenor Betty Ray McCain, Seattary May 18, 1995 William R. Dawson, P.E. Chief, Engineering and Planning Diviision Department of the Army Wilmington District, Corps of Engineers P.O. Box 1890 Wilmington, N.C. 213402-1890 Re: Dredge Disposal Modification, WainVuright Island, Carteret County, ER 95-8737 Dear Mr. Dawson: Division of Archives and History William S. Mee. Jr.. Director On May 3, 1995, an on-siteinspection was conducted at Wainwright Island -by a number of agency representatives, including Archaeologist Mark Mathis, who prepared the enclosed field inspection report. The following comments concerning the proposed disposal project are based on Mr. Mathis's report. As noted in our letter of April 20, 1995, no archaeological resources had been recorded on the island. However, during the recent inspection, an extensive deposit of prehistoric shell was observed allong the eroding western shore of the island and recorded as 31 CR273. - !Based on Mr. Mathis's observations and the historical use of the island for dredge disposal, portions of the interior and eastern side of the island are covered with old dredge materials. At the time of the inspection, the island was inhabited by a substantial population of nesting pelicans and evaluation of the extent of the cultural remains across the island wi s impossible. However, we believe the site probably contains substantial undisturbed and potentially significant cultural deposits. Prior to initiation of any new disposal and ground disturbing activities, we recommend that archaeological testing be conducted across the island. The purpose of the teslt excavations should The Ito (a) document the nature, extent, and condition of the cultural deposits; (bl) evaluate the significance of the deposits with regard to the National' Register of Historic Places; and (c) develop, if warranted, an appropriate impact mitigation plan. We appreciate your including Mr. MFithis in the recent inspection and hope these comments will assist you in the project planning process. If you have questions concerning the field report, please: contact Mr. Mathis at 919/733-4763. 109 East Jones Street • Raleigh. Waath Carolina 27601-2807 William R. Dawson May 18, 1995, Page 2 Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919/733-4763. Sincerely, 44JI5 David Brook Deputy State Historic Preservation Officer DB:slw Enclosure DEPARTMENT OF THE ARMY W LMMTON Off"UCI" CORPS OF ENGNEM P.O. BOX logo WILMINGTON, NORTH GAPAXINA 28402-1890 �� ,T'cx+oF September 5, 1995 Environmental Resources Section Dear Madam or Sir: Enclosed for your information is a copy of the Finding of No Significant Impact for Maintenance Dredging, Wainwright Slough, Waterway Connecting Pamlico Sound and Beaufort Harbor, Carteret County, North Carolina, dated August 1995. An Environmental Assessment was distributed for public comments on June 26, 1995. After review and consideration of the comments received, we have determined that the proposed action will not significantly affect the quality of the human environment; therefore, an Environmental Impact Statement will not be prepared. Also enclosed is a copy of the Notice of Availability for the signed Finding of No Significant Impact, which is being provided to the general public. Thank you for your interest in this project and for your comments. If you have any questions regarding this project, please contact Mr. Ernest Jahnke, Environmental Resources Section, at (910) 251-4581. Enclosures Sincerely, Robert J,'Sperberg Colonel, }}.5.__Army_ District Engineer Pnnbd on W PWCVC W Paper September 5, 1995 Environmental Resources Section Dear Madam or Sir: Enclosed for inforrration is August An Environmental Assessrrent was distributed for public comments on June 26, 1995. After review and consideration of the comments received, we have determined that the proposed action will not significantly affect the quality of the human environment; therefore, an Environmental Impact Statement will not be prepared. Also enclosed is a copy of the Notice of Availability for the signed Finding of No Significant Impact, which is being provided to the general public. Thank you for your interest in this project and for your comments. If you have any questions regarding this project, please contact Mr. Ernest Janke, Environmental Resources Section, at (910) 251-4581. Sincerely, Robert J. Sperberg Colonel, U.S. Army District Engineer Enclosures "-1 4x CESAW-EP-PE/Ja&*e4581 CESAW-EP-PE/Uat1-g'?7 CESAW-EP/Dawson/s/, CESAW-DX/Burch CESA;� CES)AW-DE/COL Sperberg/s/ CALL BETSY @ 4543 TO PICK UP WHEN SIGNED. CESAW-EP/Files File: n:\3002pndr\wpdoc\wainrite.fns DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 INFORMATIONAL PUBLIC NOTICE NOTICE OF AVAILABILITY CESAW-EP-PE-95-16-0010 TO WHOM IT MAY CONCERN: September 5, 1995 A Finding of No Significant Impact (FONSI) for the following U.S. Army Corps of Engineers activity is available. Project: Maintenance Dredging, Wainwright Slough, Waterway Connecting Pamlico Sound and Beaufort Harbor, Carteret County, North Carolina. The Environmental Assessment, Maintenance Dredging. Wainwright Slough, Waterway Connecting Pamlico Sound and Beaufort Harbor, Carteret County, North Carolina, was circulated to Federal and State agencies and the public on June 26, 1995. After review and consideration of the comments received, the FONSI was signed on August 31, 1995. Copies of the FONSI may be requested from or further questions addressed to Mr. Ernest Jahnke, Environmental Resources Section, at (910) 251-4581. US Army Corps of Engineers WILMINGTON DISTRICT SOUTH ATLANTIC DIVISION FINDING OF NO SIGNIFICANT IMPACT MAINTENANCE DREDGING WAINWRIGHT SLOUGH WATERWAY CONNECTING PAMLICO SOUND AND BEAUFORT HARBOR CARTERET COUNTY, NORTH CAROLINA AUGUST 1.995 FINDING OF NO SIGNIFICANT IMPACT List of Fii Ltires — Figure 1: Locality Map (Waterway Connecting Pamlico Sound & Beaufort Harbor, North Carolina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 List of Attachments (Fo1ows Page 9) Attachment 1: Letters [Received During The 30 -Day Comment Period. MAINTENANCE DREDGING WAINWRIGHT SLOUGH WATERWAY CONNECTING PAMLICO SOUND AND BEAUFORT HARBOR CARTERET COUNTY, NORTH CAROLINA SEPTEMBER 1995 Table of Contents Items Page No. 1.00 EXISTING PROJECT DESCRIPTION AND PROPOSED ACTION ........... 1 2.00 INCORPORATION BY REFERENCE * * ... *­­**­­*­­****­ 1 3.00 PUBLIC AND A(3ENCY COORDINATION ............................. 1 4.00 RESULTS OF PUBLIC AND AGENCY COORDINATION .................. 3 4.01 NMFS; letter of July 10, 191)5 ................................. 3 4.02 USFWS 4 4.03 USEPA; (Telephonic Response) July 14, 1995 ..................... 4 4.04 NCDMF; letter of July 19, 1995 .................................. 5 4.05 North Carolina Division of Environmental Management (NCDEM); letters of May 11, 1995, and July 19, 1995 ................................ 5 4.06 North Carolina Division of Coastal Management (NCDCM) ............ 6 4.07 NCWRC. Scoping Response letter of May 4, 1995 .................. 7 4.08 North Carolina Department of Cultural Resources. Scoping letter comments of May 18, '1995 ............................................... 7 5.00 ENDANGERED AND THREATENED SPECIES ......................... 7 6.00 ENVIRONMENTAL COMMITMENTS ................................. 8 6.01 Cultural Resources ........................................... 8 6.02 Submerged Aquatic Vegetation (SAV) ............................ 8 6.03 North Carolina Coastal Management Program ...................... 8 7.00 ENVIRONMENTAL IMPACTS 8 8.00 REFERENCES 8 9.00 FINDING OF NO SIGNIFICANT IMPACT (FONSI) ....................... 9 List of Fii Ltires — Figure 1: Locality Map (Waterway Connecting Pamlico Sound & Beaufort Harbor, North Carolina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 List of Attachments (Fo1ows Page 9) Attachment 1: Letters [Received During The 30 -Day Comment Period. FINDING OF NO SIGNIFICANT IMPACT MAINTENANCE DREDGING WAINWRIGHT SLOUGH WATERWAY CONNECTING PAMLICO SOUND AND BEAUFORT HARBOR CARTERET COUNTY, NORTH CAROLINA SEPTEMBER 1995 1.00 EXISTING PROJECT DESCRIPTION AND PROPOSED ACTIN The project involves changing the method of dredge disposal for the continued as -needed maintenance dredging in the Waterway Connecting Pamlico Sound and Beaufort Harbor at Wainwright Slough. The site is located approximately 5 miles northeast of the Cedar Island Ferry Landing in Carteret County, North Carolina (see Figure 1). The channel is dredged approximately once every three to four years. Historically, dredged material has been placed at the toe -of -the -bank on the channel (east) side of Wainwright Island. Due to the location of this disposal area, the dredged material has quickly returned to the channel. The proposed action is to discharge the dredged material in upland areas on Wainwright Island and direct it overland to the non -channel (west) side of the island. The work will be accomplished in late fall -early winter of each year as needed and completed prior to the April 1 onset of the colonial waterbird nesting season. 2.00 INCORPORATION BY REFERENCE U.S. Army Engineer District, Wilmington. June 1995. Environmental Assessment, Maintenance Dredging, Wainwright Slough, Waterway Connecting Pamlico Sound and Beaufort Harbor, Carteret County, North Carolina, dated June 1995. 3,00 PUBLIC AND AGENCY COORDINATION During ,June 1995, the above reference was mailed to Federal and State agencies and the interested public for a 30 -day review and comment period. As a result, letters were received from the National Marine Fisheries Service (NMFS); the North Carolina Division of Marine Fisheries (NCDMF); the U.S. Environmental Protection Agency (USEPA); and the North Carolina State Clearinghouse. Copies of the letters received are included as Attachment 1. Telephonic responses were received from the U.S. Fish and Wildlife Service (USFWS) and the USEPA. TYPICAL SECTION TAI At 1, #sL A no V.1%. ARMY .J car LOCALITY UM so" 0 seej���p�� 2 i 3 S r FIGURE 1 aw WOO GAS -4dtP Depow AftA 4k* C A ft T C ft 9 T COUNTY IL i 4p % 6L ra SA#WSAG OWPOS" AdKA $M*AMd f� 6, low *ad of welowil*f aft,40. WATERWAY CONNECTING PAMLICO SD. a BEAUFORT HARBOR, NORTH CAROLINA SCALE OF rttEf CORPS OF ENGINEERS wLmolGmKm.c N"Reymo SePTEM"It 1947 FIGURE 1 4.00 RESULTS OF PUBLIC AND AGENCY COORDINATION All comments received on the environmetal assessment (EA) were considered in making the decision to sign the Finding of No Significant Impact (FONSI). Pertinent comments from each commentor are summarized and addressed below. 4.01 NMFS: letter of July 10, 1995. COMMENT: The construction and utilization of a diked upland disposal area was not adequately described or considered. The EA should provide the basis for the determination that the habitat needs of waterbirds outweigh the need to maximize avoidance of impact to submerged aquatic vegetation (SAV) habitat. RESPONSE: The EA adequately considers confined upland disposal. The proposed plan is an upland disposal plan which addresses colonial nesting waterbirds, SAVs, and other aquatic resources. Using the low berm, the proposed plan maximizes containment of dredged material to protect SAVs and other aquatic resources. Its removal after disposal minimizes impacts to waterbirds. Construction of a diked upland disposal area would create a water retaining depression that would prevent succession of vegetation essential to colonial waterbird nesting habitat. Audubon prefers disposal that would form a dome of material or other sloping that would prevent ponding of water. Section 4.03 of the EA discussed the proposed construction of a low sand berm along the shoreline and above the mean high water (m.h.w.) line to contain the discharge material and allow solids (sands) to settle and renourish and elevate the island. The low berm would be rebuilt as needed as elevations increase during disposal operations. When disposal is finished, the berm would be graded to prevent ponding. It is anticipated that the berm minimizes impacts to SAVs and other aquatic resources. Additionally, during the onsite scoping meeting held May 3, 1995, the North Carolina Department of Cultural Resources (NCDCR) identified an extensive deposit of prehistoric shell along the eroding western shore of the island (see paragraph 4.08). The NCDCR and the Corps will conduct a survey to assess the extent, location, and significance of the cultural deposits to determine whether the construction of the low retention berm would adversely impact historic resources. To minimize potential impacts to these resources, material to construct the berm can be taken from areas of the island identified as not containing cultural resource deposits or from newly disposed material. 3 COMMENT: NMFS is also concerned that the EA may overstate the tolerance of SAV to burial by dredged material. While it is true that SAV may tolerate short periods of burial without ill affects, the depth tolerance and duration factors vary from site to site and erre not well defined. This argues strongly for the selection of an alternative that awaids this:► impact rather thin risking SAV habitat loss due to miscalculations on the part of contractors performing the work. If Alternative 1 is to remain the preferred al'temative, the EA should address the need for onsite monitoring during construction to ensure that either SAV habitat is avoided or that burial of SAV is within limits specified by the NMFS. RESPONSE: Information on the burial tolerance of SAVs was obtained from the NMFS. As stated in Section 6.02 of the EA, prior to beginning disposal, the NMFS will identil`y the location and extent of SAVs off the western side of Wainwright Island using recent aerial photography. A base line submeter accuracy SAV map will be compa d using Geographic Positioning (GPS) technology. They will stake a sea grass boundary parallel to the shoreline that will be included in the work site plan (Wood, 1995). Upon completion of the work, a post -construction seagrass inveitory and impact assessment will be conducted by the NMFS. This information will be compared with the pre -project data to determine the need for remedial action. 11` acceptable to the NCQCR, the shoreline retention berm will to constructed to minimize the amount of solid material entering open water that -might adversely impact SAVs. The dredging and disposal will be monitored by the U.S. Army Corps. of Engineers" dredge inspectors. The Audubon Society has also committed to monitoring the work to ensure that either SAV habitat is avoided or that SAV burial is within limits specified by the NMFS (Golder, 1995). We will work with the NMFS to develop written standards and procedures for monitoring impacts of the disposal operation on SAV. 4.02 USFWS. COMMENT:: The Service is "no -actioning" the EA for disposal of dredged material on Wairrivright Island (Hall, 199:0. RESPONSE:: Noted. Their response: to the project scoping is contained in the EA, Attachment C. 4.03 U EPA: ffolephonic Response) July 14. 1995 flee Attachment C of the EAJ. (EPA telephonically advised that tie comments in their scoping response letter of April 20, 1995, were applicable to the E.A.) 0 COMMENT: After examining the information provided in the Corps scoping letter, we conclude that shallow water habitat would be covered with all proposed alternatives. We suggest disposal immediately adjacent the western shoreline within an offshore retention area of sandbags or tubes. It is not clear to us that shallow water habitat is a limiting factor in system functioning; whereas providing some long-term protection to Wainwright Island which is relatively unique has obvious merit. It should be noted that the entire island appears to be at risk from erosional processes; hence, the no -action alternative has its own adverse ramifications. RESPONSE: The suggested alternative would impact more estuarine bottom and likely more SAV than the preferred alternative. Section 6.04 of the EA discussed the ongoing problem of erosion on the island. The USFWS recommended restoration of the island to its original configuration. The Audubon Society is in favor of reclaiming area lost to erosion. The Corps has proposed that the Audubon Society and the North Carolina Wildlife Resources Commission (NCWRC) participate in restoration of the historic limits of the island under the cost sharing procedures of Section 204 of the Water Resources Development Act of 1992. No response has been received to this proposal. 4.04 NCDMF: letter of July 19, 1995. COMMENT: The EA adequately addresses the Division's concerns. To protect the white shrimp that tend to migrate during the fall, dredging should take place only during the November 1 - March 31 time period. RESPONSE: Agreed. Dredging and disposal will be accomplished only during the period November 1 - March 31 of each year. 4.05 North Carolina Division of Environmental Management (NCDEM): letters of May 11, 1995 (Scoping Response, see Attachment C of the EA), and July 19, 1995. COMMENT: (May 11, 1995) We would consider Alternative B to be the least preferred alternative. A large area of shallow bottom habitat would be lost and there are potential significant impacts on submerged aquatic vegetation and other estuarine resources. The combination C/D alternative discussed at the site meeting would entail disposal of the dredged material on the higher sandy portion of the island with the effluent being directed downslope, westward to the water. We feel this alternative could be acceptable provided the material is contained landward of the coastal wetland vegetation line by a sandbag retaining structure. Alternative B is the least preferred alternative. A large area of shallow bottom habitat would be lost and there are potential significant impacts on submerged 5 aquatic vegetation and other estuarine resources. Alternative C would impact a large amount of wetlands, especially if effluent were unconfined. RESPONSE: These comments support the Corps' preferred alternative of upland control -of -effluent disposal. A, lour sand berm, rather than a sandbag retention dike, will be constructed along the shoreline to minimize effluent impacts to coastal wetlands and other aquatic resources. Upon completion of the work, the berm will be graded and sloped to create natural shoreline contours. This will establish a shoreline more suitabia to wetland vegetation growth and provide natural habitat beneficial to colonial resting waterbirds utilizing intertidal areas. COMMENT: (July 19, 1995) DEM andorses the Corp's preferred alternative disposal method for protecting water quality. The project may require a 401 Certification for upland contained disposal areas (WQC #2668), certain maintenance dredging activities it coastal waters (WQC #13328), and written concurrence from DEM. RESPONSE: The application for 401 Water Quality Certification for the proposed project was forwarded by letter dated June 28, 1995. 4.46 North Carolina Division of Coastal Management NCDCM). COMMENT: We agree with your determination that the proposed activity is consistent with the North Carolina Coastal Management Program, provided the following conditions are met: a. To control effluent runoff at Site 1), a low sand berm is to be constructed above the m.h.w. line. This sand berm shall be constructed above the coastal wetlands vegetation line as well. b. A 401 Water Quality Certification is received from the NCDEM. c. An approved sedimentaticn and erosion control plan is required for the project. This plan must be submittad to the NC Division of Land Resources at least 30 days prior to the onset of work. RESPONSE:: As required, the sand (berm will be constructed above the m.h.w. line and above coastal wetlands vegetation. Prior to berm construction, a representative of the NCDCM, Mofehead City Regional Office, will be requested to identify the coastal wetlands vegetation line for this purpose. An application for a 401 Water Quality Certification was forwarded to the NCDEM on June 28, 1995. 15 At least 30 days prior to construction, a sedimentation and erosion control plan will be filed with the Washington Regional Office of the NC Division of land Resources. 4.07 NC RC. Scoping Response letter of May 4, 1995 (see Attachment C of the EA). (No response received to the EA) COMMENT: The Commission believes that the method of disposal which involves control of effluent with discharge directed overland (Sites C and D) to the open water on the non -channel side (west side) of the island would significantly enhance the island for colonial nesting birds and only minimally impact the shallow water habitat. We agree that toe -of -the -bank disposal would be the least desirable of alternatives that have been discussed. RESPONSE: These comments support the Corps' preferred alternative of upland control -of -effluent disposal. 4.08 North Carolina Department of Cultural Resources. Scoping letter comments of May 18, 1995 (see Attachment C of the EA). COMMENT: We recommend that (based on a May 3, 1995, field inspection) archeological testing be conducted to (a) document the nature, extent, and condition of cultural deposits; (b) evaluate the significance of the deposits with regard to the National Register of Historic Places; and (c) develop, if warranted, an appropriate impact mitigation plan. RESPONSE: The requested survey will be conducted to assess these concerns. 5.00 ENDANGERED AND THREATENED SPECIES Informal consultation was initiated by telephone on March 16, 1995, with the USFWS and the NMFS. The EA stated that the proposed project was not likely to adversely impact any listed endangered or threatened species or their critical habitat. Comments to the contrary were not received from the USFWS or the NMFS or any other recipient of the EA. 6.00 ENVIRONMENTAL COMMITMENTS The following commitments must be fulfilled. 6.01 CulturalResources - A preliminary survey to assess potential project impacts on cultural resources from the proposed work will be conducted on August 16, 1995, by the NCDCR and the Carps. No work will be undertaken that would adversely impact cultural deposiits. 6.02 Submerge_d Actuatiic VegetationSAV) - Impacts to SAVs will be assessed on information compiled by the NMFS. If appriapriate, further measures will be taken to minimize adverse impacts to SAV. 6.03 North Carolina Coastal M;jnagement Program - Prior to beginning any dredging or disposal activity, coastal wetland vegetation will be identified for avoidance during sand berm construction; a 401 Nater Quality Certification will be obtained from the NCQEM; and, at least 30 days prior to beginning work, a sedimentation and erosion control plan will be filed with the NC Division of Land Resources_ 7,00 ENVIRONMENTAL IMPACTS Comments received during the coordination of the EA failed to note any additional categories of environmental impacts. There are no remaining unresolved issues. 8.00 REFERENCES Hall, Howard. 1995. U.S. Fish and Wildlife Service, Ecological Services, Raleigh, North Carolina. Personal Communication. July 25, 19,95. Golder, Walker. 1995. Sanctuary Manager for the National Audubon's North Carolina Coastal Island Sanctuary Program, Wilnnington, North Carolina. Personal Communication. May 3, 1995. Wood, Lisa. 1995. National Marine Fisheries Service, Southeast Fisheries Science Center, Beaufort Laboratory, Beaufort, North Carolina. Personal Communication. May 24, 1995. 8 9.00 FINDING OF NO SIGNIFICANT IMPACT (FONSI) The proposed action will not significantly affect the quality of the human environment; therefore, an environmental impact statement will not be prepared. Date:�� 31 /`mut Attachment 4RobeJ. Sperbergel, U.S. Army District En'neer cbripapier I �8 Major, Uj VA %w. Acting .[ "ft MR&ecr 9 Colonel Robert J. District Engineer, Department of the P. 0. Box 1890 Wilmington, North rEhf 01 r '� UNITED STATES DEPARTMENT OF CaOMMERCI National Oceanic and Atmospheric Administrati, NATIONAL MARINE FISHERIES SERVICE Habitat Conservation Division 9721 Executive Center Drive North St. Petersburg, Florida 33702 Sperberg Wilmington Army, Corps July 10, 1995 District of Engineers Carolina 28402-1890 Attention Ernest Jahnke Dear Colonel Sperberg: The National Marine Fisheries Sersiice (NMFS) has ,reviewed the Environmental Assessment (EA), Maintenance Dredging, Wainwright Slough, Waterway Connecting Pamlico Sound and Beaufort Harbor, Carteret County, North Carolina, dated June 1995. The proposed project involves changing the method of dredged material disposal for the continued as -needed maintenance dredging in Core Sound at Wainwright Slough northeast of the Cedar Island Ferry Landing in Carteret County, North Carolina. The following comments are provided for your consideration. The EA does not adequately describe or consider the alternative of the construction and utilization of a diked upland disposal area on Wainwright Island. The preferred alternative (Alternative 1) is for unconfined disposal with controlled effluent release back into the water rather than diked confinement in the same area. The discussion of a diked disposal site alternative is brief and incomplete. According to the EA, the National Audubon Society is opposed to the diked upland disposal alternative based on the impacts on colonial nesting waterbird habitat even_ though it clearly maximizes avoidance of impacts to submerged aquatic vegetation (SAV) habitat. The EA should incorporate the benefits and impacts of all alternatives and provide the basis for the determination that the habitat needs of waterbirds outweigh the need to maximize avoidance of impacts to SAV habitat. We are also concerned that the EA say overstate the tolerance of SAV to burial by dredged material. While it is true that SAV may tolerate short periods of burial without ill effects, the depth tolerance and duration factors vary from site to site and are not well defined. This argues strongly for the selection of an alternative that avoids this impact rather than risking SAV habitat loss due to miscalculations on the part of contractors performing the work. If it is determined that Alternative 1 is to remain the preferred alterative, the EA should address the need for on-site ® Printed w Regded Paper monitoring during project construction to ensure that either SAV habitat is avoided or that: any burial of SAV is within limits specified by the NMFS. We appreciate the opportunity to provide these comments. Sincer �eas Mag Jr. Assistant R Tonal Director cc: FWS, ATLA, GA FWS, Raleigh, NC BPA, ATLA,-GA NCDEHNR, Raleigh, IAC NCDBHNR, Morehead City, KC F/SE02 State of North Carolina Department of Environment, Health and Natural Resources 4 • • Division of Marine Fisheries r .lir♦ James B. Hunt, Jr., GovernorH Jonathan B. Howes, Secretary FEE Bruce L. Freeman, Director July 19, 1995 Mr. Ernest Jahnke Environmental Resources Section U. S. Army Corps of ,::ngineers Wilmington. District P. O. Box 1890 Wilmington, NC 28402-1890 Dear Mr. Jahnke: Thank you for the opportunity to comment on the -wainwright Island Spoil Disposal Project Environmental Assessment. The Division's concerns were addressed quite adequately in the document. There is one point, however, that I:failed to mention in my May 5, 1995 letter or in subsequent conversations. Wainwright channel is a major migratory route for adult white shrimp in the fall as they make their way around from the mouth of the Neuse River to core Sound. Upon further consideration, I do not think the October 1 start date for dredging (which I may have suggested) is appropriate due to the fact that during warmer weather, the white shrimp tend to migrate- later in the fall. November 1 through March 31 should be the time period in which dredging can take place. I trust this change can be incorporated in actual practice even if not in the assessment document itself. Sincerely, grid .C. 1146" David L. Taylor DLT:rrm cc: maty West Melba McGee P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management: James E• Hum, Jr, G ove mor Jonathan B HoweA Secretary A. Preston Howard, Jr., P.E., Director Aily 19.,1945 Mmica Swa= A4 4070 �EHNNNWR Subject Maintenaaoe Dredift NV*,9vr ZJk Slough Camera County EENR #95-0953, DENt WQ #1.0993 Ile subject document has been reviewiid by this ogee. The Division of Environmental Management is respcasible for the issuance of the Section 401WAw Quality Certification for activities which rM impact wm= of the State including wetlands. The Mowing comments are offered in response to thc. EA- 1. Ibe DEM endo t .e COM • d1 .• altentative disposal method for protecting quality. rr • 0►�� •� •:�� • • • N1tst a .:• . +.•• •ra , ..�� " � . • : .. �,t•�� � fitr..� •• �.r�t• rl • t ••� � :r I If spprov4 this project may require. a 401 Certification issued far certain marnzmoe dredgarg acdvi is the coastal navipbie wak= (WQC #133?RX requiring written caac�rrmoe from DEM. Tire COE is MM that endonenient of an EA by DEM would not predbde the denial of a 401 Certssca loon apian Mm li�Or if vrrdw d inipac�ts have not been avaded and mimrn. to the muimnm eft pmdc caibie. Questions regarding the; 401 Cextif cation should be dkocced to Greg Price (733-1786) in DEMs Water Qulty Environmental S(:idnces Branch. Eavitoama" 5c eem Hnac$ - 4 QI Reedy Cie,* RcAd Mi i x Actio. Earky- RA=S;h, Nett C=OL= 27W7 FAX # 733-9459 Ms -cyckmos pea ooesMW Ma State of North C �pIlna epartment Of t. ,trlronment, & 156VA Health and Natural Resources 4 Division of Coastal Management r*A Jdnnes S. Hunt, Jr., Goven-Kw - : r`ii1�■li■�1111� Jom tan S. Howes, Secretary E' ---t N Roger N. Schecter, Director Aagm 22,1945 Ce1x1 Robes 7. Speit arg U.S. Army Corps; of Fn kmers VV3lmi%wn Diskia P.O. BOX 1890 VdmilWmt, NC 213402 -IM REFERBNCB: CM -16 EA Maentesu = Dredging w6wwright Skwgh ftacadm of Dir 0W Medi 4 DCff Colonel 3pet wg: IU StW of Nadia CaMIhm las completed to inview pUMUM w 15 C FX 930 SdVw C - awWsmncy for Pedend Aawides, of ft refta+aroed *aMmut, dattad 7nne, 1945, for lite Waposed mumtemic a dredging of Wainwright S1oUO wilt dapaasl an W2kMA& IdW4. The combmatian W disposal ahereaative dism add at the site meefg in May is w be filed+ with dopoW of dre dredged mamW on the wSba SUY par dm of the UIMd and aha efflum being directed dmadWe. wea wad towards else wager. Based Ww oar raview. we aaroe WAh yaw ddeunwadw dw tk propowd seaway is cowdae at whh the North Ca:dina Coft"d %nageerent Pia, Provided me follow* cotdidow w =L I. To taotoi eMwat rtwoff at Site D. a low sand berm is to be cmswwW above stro meso Nab water Bird,. T1ais and berm dtala be coostrumd sbovo file C0#AW wetlands vegaWw line ac,we0. 7. A 401 Watrr Quality Cwdficatiorr is received from dw NC Divbaiort of pxVk0allaMMIi Manager UIL 3. An approved w&meDmdm gad awim owfid pian is mqui,,W far the prgject. That Pk. MW be srsbCninad to the NC Dividon of Lad Resourm at least 30 days prW w the orssa of Wat. If B � i OW frad W or oordloiora, pinnae aamaot S*ve BOW" or Caroibre 1Vlaauaga=K at (919)733-2293,. Mw* you for yosr ConAdermim d fire KM* CwWwa CWsaal M . Siucerdy, Roger N. Scd=cW C= C'.tarta 7oaea, Division of Coand fit, Moteiraad City Melba MoCiea. Pri cy sad Deveiopmw Chryat BgMM NC Stas CWnn om PaUI& McGloin, Division of Land Raomes AM Qr000, Division of Envhm m=W lafanaseatera BrwK Yahnb. US Amy Carps of Et>gineaa, Wihningtoa Distna R.O. Box 27687, Rd k$-,. North Crarolna 27611-7687 TvioptWW 919.733-2'293 FSU( 419-733-1495 An Equd dPP Y AAttrr,dt m Acrim STOO ar WS Moyciew 10% pod!-cawxnwr Pier Attachment F — 2006 CAMA Consistency Determination �INA - YFA 0 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jolles, Director William G. Ross Jr., Secretary September 2, 2006 William F. Adams, Chief Environmental Resources Section Wilmington District Office US Army Corps of Engineers P.O. Box 1890 Wilmington, NC 28402-1890 SUBJECT: CD06-042 - Consistency Concurrence for the Proposed Maintenance Dredging of Wainwright Slough and Reestablishment of Wainwright Island, Carteret County (DCM#20060061) Dear Mr. Adams: The Division of Coastal Management received (July 10, 2006) a consistency determination from the U.S. Army Corps of Engineers (Corps) finding that the proposed maintenance dredging of Wainwright Slough and reestablishment of Wainwright Island in Carteret County would be consistent with the State's coastal management program. According to the project description the Corps proposes to reestablish Wainwright Island to approximately size of I6-19 acres (approximately 9 feet high with 1:20 slopes). The project will involve the direct discharge of dredged material below the plane of MHW until enough high ground is established. Once this is accomplished discharge will be conducted consistent with the 1995 EA/FONSI (CD95-16). North Carolina's coastal zone management program consists of, but is not limited to, the Coastal Area Management Act, the State's Dredge and Fill Law, Chapter 7 of Title 15A of North Carolina's Administrative Code, and the land use plan of the County and/or local municipality in which the proposed project is located. It is the objective of the Division of Coastal Management (DCM) to manage the State's coastal resources to ensure that proposed Federal activities would be compatible with safeguarding and perpetuating the biological, social, economic, and aesthetic values of the State's coastal waters. To solicit public comments, DCM circulated a description of the proposed project to State agencies that would have a regulatory interest. No comments asserting that the proposed activity would be inconsistent with the State's coastal management program were received. The comments received have been attached for reference. DCM has reviewed the submitted information pursuant to the management objectives and enforceable policies of Subchapters 15A NCAC 07H and 15A NCAC 07M of Chapter 7 of Title 15A of North Carolina's Administrative Code which are a part of the State's certified coastal management program 400 Commerce Avenue, Morehead City, North Carolina 28557-3421 Phone: 252-808-2808 \ FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity'k Affirmative Action Employer — 50% Recycled 1 10% Post Consumer Paper and concurs that the proposed Federal activiry, as conditioned below, is consistent, to the maximum extent practicable, with the, enforceable polic:i.es of North Carolina's coastal management program. In order to be found consistent with Norrh Carolina's coastal management program, DCM requires that dredging operations no,: be underaken from April l" to Sept 30`'' of any year to protect the migrE,tion of white shrima unless agreed to by the North Carolina Division of Marine Fisheries. The "'Finding of No SlgnijFicant Impact for Maintenance Dredging, Wainwright Slough, Waterway Connecting Pa.mlico South and Beaufort Harbor, Carteret County, North Carolina" (August 1595) accepted the requirement not to dredge from November 1st through March 31" of any year. • In order to be found consistent with North Carolina's coastal management program, DCM requires that dredging and disposal operations be conducted consistent with the North Carolina Division of Water Quality X101 Water Quality Certification (#061064) issued on July 28, 2006. The North Carolina Wildlife Resources Commission (NCWRC) requests that dredging operations be avoided, if possible, during the colonial bird nesting period of April I" to August 31" of any year. Additionally, the NCWR,-- requests, if possible, that the; reestablished slope of Wainwright Island be in the range of 1:25 through 1:30 rather than the proposed 1:20 to further facilitate bird nesting. Should the proposed action be modified, a revised consistency determination could be necessary. This might take the form of eith--r a supplemental consistency determination pursuant to 15 CFR 930.46, or a new consistency determination pursuant to 15 CFR 930.36. Likewise, if further project assessments reveal environmental effec-,s not previously considered by the proposed development, a supplemental consistency certification may be required. If you have any questions, please contact Stephen Rynas at 252-808-2808. Thank you for your consideration of the North Carolina Coastal Management Program. Cc: Charles S. Jones, Division of Coastal Management Maria Tripp, NC Wildlife R -sources Commission Noelle Lutheran. NC Division of Water Quality Mike Street, NC Division of Marine Fisheries Tere Barrett, Division of Coastal Management Sincerely, Doul; Huggett Manager, Major Permits and Consistency Unit Page- 2 A111F, - 1 117 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, -Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM July 13, 2006 TO: John Fear NC National Estuarine Research Reserve 400 Commerce Avenue Morehead City, NC 28557-3421 FROM: Stephen Rynas, AICP; Federal Consistency Coordinator SUBJECT: Consistency Determination Submission for the Proposed Maintenance Dredging of Wainwright Slough and Reestablishment of Wainwright Island (DCM#20060061) LOCATION: . Wainwright Island, Northeast of Cedar Island and Southwest of Portsmouth Island, Core Sound, Carteret County, North Carolina The above listed document is being circulated for review and comment by August 4, 2006. Your responses will assist trs in determining whether the proposed project would be consistent with the State's Coastal Management Program. If the proposed project does not conform to your requirements, please identify the measures that would be necessary to brEng the proposed project into conformance. If you " have any additional questions regarding the proposed project you may contact me at 252-808-2808 or e-mail me at: "stephen.rynas@ncmail.net". REPLY No Comment. This office supports the project as proposed. Comments to this project are attached. This office objects to the project as proposed. Signed.T r f Date: <= CORRECTIONS Please identify any corrections, additions, or deletions that should be made in terms of contact information. RETURN COMPLETED FORM to Stephen Rynas, Federal Consistency Coordinator NC Division of Coastal Mana;ement 400 Commerce Avenue i%torehead City, NC 28557-3421 qFx; 44, A _ NCDENRn North CarolinaD = Department of l_nv ronment and Natura esour es Division of Coastal Management 9- Michael F. Easley, Governor Charles S. Janes, Director ]p/ . i G. Ross Jr. Secretary V TO FROM SUBJECT LOCATION MEMORANDUM July 13, 2006 Bonnie Divito DCM - Coastal Engineer DCM - Raleigh Office 1638 Mail Service Center Raleigh, NC 27699-1638 Stephen Rynas, AICP; Federal Consistency Coordinator M 8nbaa City DCN1 Consistency Determination Strbm ssion for the Proposed Maintenance Dredging of Wainwright Slough and Reestablishment or Wainwright Island (DCM#20060061). Wainwright Island, Northeast of Cedar Island and Southwest of Portsmouth Island, Core Sound, Carteret County, North Carolina The above listed document is being circulated for , eview and comment by August 4, 2006. Your responses will assist us in determining whether the proposed project would be consistent with the State's Coastal Management Program. If the proposed pncje.:t does. not conform to your requirements, please identify the measures that would be necessary to bring the proposed project into conformance. If you have any additional questions regarding the proponed project you may contact me at 252-808-2808 or e-mail meat: "Stephen.rynasCal ncmail_net". REPLY No Comment. This office supports the project as proposed. Comments to this project are attached. This office oblec s to the pro ect as proposed. Signed: A�%��' _ Date: v�Y CORRECTIONS Please identify any corrections. additions, or deletions tzat should be made in terms of contact information. RETURN CO �fPLETED FORM to S,ephen Rynas. Federal Consistency Coordinator NC Division of Coastal Nfanagement 400 Corrmerce Avenue i4iorehead Ci y. NC 28557-3421 I Jr VWA • NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,'Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM July 13, 2006 TO: Maureen Will Planning DCM Morehead City Office 400 Commerce Avenue Morehead City, NC 28557-3421 FROM: Stephen Rynas, AICP; Federal Consistency Coordinator SUBJECT: Consistency Determination Submission for the Proposed Maintenance Dredging of Wainwright Slough and Reestablishment of Wainwright Island (DCM#20060061) LOCATION: Wainwright Island, Northeast of Cedar Island and Southwest of Portsmouth Island, Core Sound, Carteret County, North Carolina The above listed document is being circulated for review and comment by August 4, 2006. Your responses will assist us in determining whether the proposed project would be consistent with the State's Coastal Management Program. If the proposed project does not conform to your requirements, please identify the measures that would be necessary to bring the proposed project into conformance. If you have any additional questions regarding the proposed project you may contact me at 252-808-2808 or e-mail me at: "stephen.rynas@ncmail. net"_ REPLY No Comment. This office supports the project as proposed. Comments to this project are attached. /his yoffice �objects t the project as proposed. Signed: 1 Date.� , CORRECTIONS Please identify any corrections, additions, or deletions that should be made in terms of contact information. RETURN COMPLETED FORM to Stephen Rynas, Federal Consistency Coordinator NC Division of Coastal Management 400 Commerce Avenue :Morehead City, NC 28537-3421 NCDEIN R North Carolina Department of Environment and Natural Re s Michael F. Easley, Governor Division of Marine Fisheries P. ,�, Director William G. Ross Jr., Secretary _ MEMORANDUM TO: Stephen Rynas Federal Consistency Co rdina:or FROM: Mike Streell- DATE: July 21, 2006 X14;, (L/ ry OC SUBJECT: Consistency - (Proposed Maintenance Dredging of Wainwright Slough and Reestablishment of Wainwright, Island DCM # 20060061 / Carteret County Attached is the Divisions' reply for thE,, above referenced project. If you have any questions, please do not hesitate to contact me. MS/sw 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 One Phone: 252 726.7021 1 FAX: 252 727-51271 Internet: www.ncdmf.net NorthCarolina An Equal opportunity / Affirmati to Action Employer - 50'= Recy,:led 1 10 post Consumer Paper ;VatunillJ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,,Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM July 13, 2006 TO: Mike Street NCDENR = Division of Marine Fisheries P.O. Box 769 Morehead City, NC 28557-0769 FROM: Stephen Rynas, AICP; Federal Consistency Coordinator SUBJECT: Consistency Determination Submission for the Proposed Maintenance Dredging of Wainwright Stough and Reestablishment of Wainwright Island (DCM#20060061) LOCATION: Wainwright Island, Northeast of Cedar Island and Southwest of Portsmouth Island, Core Sound, Carteret County, North Carolina The above listed document is being circulated for review and comment by August 4, 2006. Your responses will assist us in determining whether the proposed project would be consistent with the State's Coastal Management Program. If the proposed project does not conform to your requirements, please identify the measures that would be necessary to bring the proposed project into conformance. If you have any additional questions regarding the proposed project you may contact me at 252-808-2808 or e-mail me at: "stephen.rynas�ncmail.net". j REPLY No Comment. This office supports the project as proposed. Comments to this project are attached. This office objects to the project as proposed. Signed: �-irc� (`' G4�a�1 b'< <:�A_ Date: Ltt C1 CORRECTIONS Please identify any corrections, additions, or deletions that should be made in terms of contact information. RETURN COMPLETED FORM to Stephen Rynas, Federal Consistency Coordinator NC Division of Coastal Ltanagement 400 Commerce Avenue Morehead City. NC 28557-3421 D ! LLq I�, ,lUi_ 2 0 2006 i :,' APPENDIX G - Statement of Project Support From the National Audubon Society AudubOn NORTH CAROLINA 774 i Market Street, Unit D December 6, 2016 Robert Neal, P.E. Moffatt & Nichol 272 N. Front Street, Suite 204 Wilmington, NC 2$401 Re: Wainwright Island Dear Mr. Neal, Wilmington, NC 28411-9444 Tel: 9 i o-686-752 -, Fax: 910-686-7587 www.ncaudubon.org www.audubon.org The National Audubon Society is aware of Cwte r County's plans to dredge approximately 40,000 CY of sand from Wainwright Slough in Pamlico Sound. We are also aware that the County proposes to place the material on or adjacent to Wainwright Island, which is owned and managed by the National Audubon Society. The National Audubon Society supports the initiative to use the dredge material to enhance bird nesting and foraging habitat on Wainwright Wand. We may provide additional comments pertaining to the project after review of the detailed plans and permit application. I understand that National Audubon Society will be provided 30 calendar days to provide any additional comments from the time Carteret County provides a copy of the submitted application to the Audubon Society. Please do not hesitate to contact me if you have questions or concerns. Walker Golder Dsrectm, Atlantic Flyway Coast Initiative APPENDIX H — Submerged Aquatic Vegetation (SAV) Survey Submerged Aquatic Vegetation Survey Report Wainwright Slough, NC Presented to: Carteret County December 8, 2016 Prepared by: moffatf & nichol 4700 Falls of Neuse Road, Suite 300 Raleigh, NC 27609 Submerged Aquatic- Vegetation Survey Report Table of Contents I. Introduction ........................................................,............................................................................ 3 2. Methodology.......................................................,............................................................................5 3. Results and Discussion ........................................,,........................................................................... 6 4. Summary ..............,,..,,............................................,...........................................................................8 5. References ..............,...................................,........................................... 9 ...................... Moffatt & Nichol I Page 2 Submerged Aquatic Vegetation Survey Report • 1. Introduction Carteret County intends to dredge approximately 30,500 cubic meters (40,000 cubic yards) of material from the federally authorized channel of Wainwright Slough, Ranges 2, 2A and 3, near Cedar Island, south Pamlico Sound (Figure 1; Map 1 Appendix). Dredged sediment will be placed on the adjacent Wainwright Island. The project will restore navigation depths to the authorized channel for recreational boating and commercial fishing vessels. The channel will be dredged to -7 MLLW with an additional 0.6 meters (2 feet) of overdepth tolerance, resulting in a maximum depth of disturbance down to -9 MLLW. The project maintains compliance with the federal authorization for the channel. The sediment placement will be used to help create nesting and foraging bird habitat by open placement of the material adjacent to Wainwright Island. Sediment placement will occur over a maximum footprint of 4.2 hectares (10.5 acres) up to an elevation matching the existing Wainwright Island. The slopes and grades of the material placement will be constructed to encourage nesting and foraging bird activities to the extent reasonable. Figure 1: Project Location Map Moffatt & Nichol was contracted to perform a submerged aquatic vegetation (SAV) survey in the general vicinity of the 33 hectare (81.6 -acre) disposal site (Wainwright Island). Protocols used for this study were provided by and discussed with the North Carolina Division of Coastal Management (Gregg Bodnar) and NOAA Fisheries Habitat Conservation Division (Ken Riley) prior to sampling. State and federal resource agencies required the survey as a measure to help identify potential impacts the project may create for any existing SAV within the proposed work areas. Moffatt & Nichol I Page 3 Submerged Aquatic Vegetation Survey Report Carteret Ci Site Description Wainwright Island is a small dredge spoil island that is constantly subject to wave action and erosion. The island is inundated much of the time with only a small portion of land (less 46 square meters [500 square feet]) currently remaining above the water. The small remnant island is dominated by Spartina olterniflora. Signs of bird use were evident as central areas of the island were trampled and covered in guano; no species were noted during this sampling period. Pamlico Sound is one of the largest estuaries in the United States (NCSU 2016). Offshore waters support a diverse recreational and commercial fishery, with species such as red drum, speckled trout, blue crab, oysters, and other shellfish often found in abundance. Fishing activity was noted in the project area during the time of this study as evidenced by the presence of two pound nets extending across the island. Although a detailed fishery assessment was not part of this study, mullet and cow nose rays were observed while snorkeling in the area. Moffatt & Nichol I Page 4 Submerged Aquatic Vegetation Survey Report Carteret County 2. Methodology A Geographic Information System (GIS) mapping exercise was conducted to determine potential locations of existing SAV based on high-resolution imagery. GIS was also used to establish the sampling regime for this study. Transects were established in a north/south direction every 100 meters to cover the 32.4 -hectare (80 - acre) area of interest, for a total of ten transects. Sampling locations were placed every 50 meters along each transect. In areas of known SAV presence based on aerial imagery, transects were placed every 50 meters. Starting points for the sample transects were randomly selected. In total, there were 87 sampling locations established for field reconnaissance. Percent cover and shoot density were the main SAV parameters noted in the survey. At each sampling location, a metal garden rake was used to determine presence or absence of SAV. If SAV was found, three 0.25 -square -meter quadrats were randomly placed within the SAV beds and percent cover was estimated. All SAV species in the quadrat were identified, shoots were counted, and other features in the area were noted, including presence of shell or floating SAV debris. The depth of the water at each sampling location was surveyed with a marked PVC pole. A water quality sampling device (YSI Model 556) was used to sample water quality parameters (e.g. dissolved oxygen, pH, salinity, and temperature) at the beginning of sampling effort. Pictures were taken to characterize the site and provide photographic evidence of SAV presence. Data collected in the field included: • Survey date and time • Location (latitude and longitude) • Surveyors name • Wind speed/direction • Turbidity • Tidal stage and tendency (i.e., flood or ebb) • Species present/absent • Percent cover • Shoot density • Sediment type • Depth • Other prominent features (e.g. pound nets, shell presence) Moffatt & Nichol I Page 5 Submerged Aquatic Vegetation Survey Report Carteret County 3. Results and Discussion The SAV survey was conducted on September 21, 2016 by Moffatt & Nichol, with assistance from the North Carolina Division of Coastal Management. Weather conditions were favorable throughout the entire sampling period. Wind speeds were less than 5 mph out of the northeast and the day was mostly overcast with storms to the north and east of the site. There was high turbidity in the Sound with approximately 0.3 - meter (one -foot) of visibility during the sampling period. The tide was low in the morning and rising throughout the sampling period; however the tidal range in this area is less than 1 meter (3 feet) and did not affect sampling activities. The sampling regime (Map 2 -Appendix) was loaded into a Trimble Global Positioning System (GPS) unit (Geoexplorer 2008) that was used to direct the captain along transect lines to sampling points. At each location, one person raked the bottom 3-4 times to feel for seagrass presence, one person used a PVC measuring pole to conduct depth measurements, and the GPS location was marked. A majority of locations were sampled from the boat. Presence or absence of SAV noted on aerial imagery and from raking sites was confirmed through snorkeling surveys. Five locations contained SAV [G2-4, F2-3]; however, only 1-2 shoots (<I cover) were found in only five quadrats sampled from those locations (Map 3 -Appendix). Shoal grass (Halodule wrightii) was the only species noted. The shoots encountered were not growing and had senescent leaves (Figure 2). All other sample areas had no signs of seagrass when raking from the boat. While snorkeling to sample, reconnaissance revealed sparse presence of H. wrightii. One patch of eel grass (Zostera marina) that found growing out of an eroded piece of marsh mud platform that seem to have come from the adjacent island (Figure 2). There was floating H. wrightii in some of the sampling locations but this would be expected, as there are records of large SAV beds to the east and west of the site (See Map 2 -Appendix). Collected data is summarized and available in the Appendix. Figure 2: Example of H. wrightii found at sampling locations near the remnant Wainwright Island. The sediment in most cases was sandy, with some areas of mud that may have been remnants of a nearby marsh platform. While raking some locations there was loose shell material as part of the benthic material. Upon inspection, oyster shell was the prominent loose material type. Some depressions in the sand had detrital SAV, mainly H. wrightii that had settled. No rhizomes were found in the quadrats in the sample area or in sites noted during reconnaissance surveys near Wainwright Island. Substrate conditions do not appear to be a limiting factor in seagrass establishment. Species such as Halodule wrightii can be found on a wide variety Moffatt & Nichol I Page 6 Submerged Aquatic Vegetation Survey Report of substrates ranging from silty mud to course sand with varying amounts of mud. Most bed maintenance and new shoot production probably occurs through rhizome elongation irrespective of substrate conditions. There were no anomalous results in this snapshot of water Table 1: Water quality data collected quality data that would indicate any reason for seagrass Wainwright Slough, NC absence (Table 1 provides summary data of water Date/Time 9/21/16 temperature, dissolved oxygen, pH, and salinity). For the 10:30am most part, conditions in the study area are conducive to Water 26 supporting seagrasses. Optimum temperatures for H. wrightii temperature (°C) are similar to those of Thalassia, and range between 20 — Dissolved oxygen 89.3 30oC (Phillips 1960), well within the range of temperatures at N the time of this survey (26oC). Halodule has been reported in pH 6.21 abundance in salinities ranging from 12.0 - 38.5 ppt (Phillips Salinity (ppt) 21.6 1960) — in line with the 21.3 ppt noted at the site. The pH of water at the time of the survey does not appear to be a limiting factor and is only relevant with respect to the plant's ability to conduct photosynthesis; leaves of seagrasses have a low capacity for extracting inorganic carbon under normal pH and salinity conditions, with photosynthesis limited by the availability of inorganic carbon under various light conditions (Beer and Koch 1996). Moffatt & Nichol I Page 7 Submerged Aquatic Vegetation Survey ReportCarteret County I �I 4. Summary In summary, SAV presence was virtually non-existent in the sampling area around Wainwright Island. Only 1- 2 shoots (<1% cover) were found in five quadrats sampled during this investigation. There is no obvious explanation for why SAV growth is limited in this portion of Pamlico Sound. About 80,000 hectares of marine bottom are dominated by Halodule in Core and Pamlico Sounds in North Carolina, where Halodule occurs away from the main body of its distribution farther south. The species is common in Texas and Florida (and the Caribbean) but does not extend any farther north than Cape Hatteras (Ferguson et a/ 1993). Seagrass distribution in the targeted study area may be affected by factors that affect seagrass composition and distribution throughout its range including turbidity or sediment load in the water column and the cumulative effect of increased turbidity and dredging and spoil disposal, boat propeller scarring, and shrimp trawling. Based on the results of this analysis, SAV populations are not expected to be impacted by proposed dredging in Wainwright Slough and subsequent material placement on Wainwright Island. Moffatt & Nichol I Page 8 Submerged Aquatic Vegetation Survey Report Carteret County III S. References Beer S, Koch E. 1996. Photosynthesis of marine macroalgae and seagrasses in globally changing CO2 environments. Marine Ecology Progress Series 141: 199-204 Ferguson, Randolph L., B.T. Pawlak, L.L. Wood. 1993. Flowering of the seagrass Halodule wrightii in North Carolina, USA. Aquatic Botany, Volume 46, Issue 1, Pages 91-98 NC State University. 2016. Coastwatch. https://ncseagrant.ncsu.edu/coastwatch/previous-issues/2012- 2/summer-2012/the-Pamlico-sound-fishing-gem-of-north-carolina/. Accessed November 28, 2016. Phillips RC. 1960. Observations on the ecology and distribution of the Florida seagrasses. Professional Paper Series No. 2. Florida State Board Conserv Mar Lab, St. Petersburg, FL. Appendices Moffatt & Nichol I Page 9 Submerged Aquatic Vegetation Survey Report Carteret CountyII Map Appendix Map l: SA V Survey Location Map 2: Sampling Regime, including transects and sampling locations Moffatt & Nichol I Page 10 Submerged Aquatic Vegetation Survey Report Map 3: Field -sampled Survey Points and Survey Results Moffatt & Nichol I Page 11 Submerged Aquatic Vegetation Survey Report e Photo Appendix Photo 1: Remnant of Wainwright Island from the channel looking east. Note PVC poles marking pound net. Photo 2: Remnant patch of Wainwright Island. Existing channel to the right of this photo. Moffatt & Nichol I Page 12 Submerged Aquatic Vegetation Survey Report Photo 3: Zostera clump found growing on remnant marsh platform. Moffatt & Nichol I Page 13 Submerged Aquatic Vegetation Survey Report Carteret County Raw Data Appendix Crew: Meg Goecker, Adam Efird, Gregg Bodnar, Captain Billy _ -- - --------- Date: 09-21-2016 Adjacent shoreline: remnants of Wainwright Island near channel Temp (oC): 26 DO & pH: 89.3; 6.21 Wind ----- Speed/direction:<5mph / NE Salinity (ppt): 21.6 Tide level: Low tide and rising during sampling Turbidity: High turbidity, no Secchi taken Transect #, pt Time Picture # depth (m) % Cover by species (Zm, Hw, Rm) Notes A10 9.32 1.2 sand j A9 9.35 1 sand A8 9.35 1 sand A7 9.36 0.9 sand A6 9.38 0.86 sand A5 9.4 0.92 sand A4 9.41 1.1 sand A3 9.42 1.15 sand A2 9.44 1.3 sand Al 9.46 1.25 sand B1 9.52 1.4 sand B2 9.53 1.4 sand B3 9.54 1.5 sand, shell, muddy- break through hardpack B4 9.56 1.4 muddy, shell B5 9.58 1.3 muddy, sand B6 9.59 0.8 sand B7 10 0.9 sand B8 10.01 1 sand B9 10.02 1.1 sand B10 10.03 1.2 sand C9 10.05 1.1 sand C8 10.06 0.9 sand C7 10.07 0.8 sand C6 10.09 0.8 sand C5 10.11 0.8 sand C4 10.12 1.3 sand, shell Moffatt & Nichol I Page 14 Submerged Aquatic Vegetation Survey Report Carteret County Transect #, pt Time Picture # depth (m) % Cover by species (Zm, Hw, Rm) Notes C3 10.14 1.4 sand, shell C2 10.15 1.5 sand/mud, shell C1 10.17 1.6 can't reach, pound net - GPS pt. D1 10.18 1.7 can't reach D2 10.19 1.7 can't reach D3 10.2 1.25 sand/mud, shell D4 10.21 1.2 sand D5 10.22 1 sand, shell D6 10.23 0.9 duck blind GPS, sand D7 10.24 0.7 sand D8 10.26 0.8 sand D9 10.27 1 sand E9 10.31 0.9 sand, grass floating F9 10.33 0.8 sand G9 10.34 0.8 sand, shell G10 10.35 0.9 sand/mud, shell H9 10.38 0.8 sand 110 10.39 0.8 sand 19 10.4 0.9 sand 18 10.41 1 sand 17 10.43 1.2 sand 16 1.2 sand, shell a lot 15 10.46 148-048 1.2 sand, shell 14 10.47 483 1.2 sand, shell, soft bottom 13 10.49 1.2 sand, close to marsh island - Spartina scarp 12 10.52 484-487 1.6 muddier, can't reach with rake 11 10.52 489-490 1.8 can't reach 11 10.55 1.6 sand, course, Hw floating blades J2 10.56 7.6 feet can't reach G1 11.04 5 feet can't reach G2 11.19 1.1 0 0 <1% Hw single shoot, patch through transect. Very sparse Moffatt & Nichol I Page 15 Submerged Aquatic Vegetation Survey Report Transect #, pt Time Picture # depth (m) % Cover by species (Zm, Hw, Rm) Notes G3 11.22 1.2 0 0 <1% Hw sandy layer with shell below G4 11.3 1.1 0 0 <1% Hw single shoot F4 11.35 1 0 0 0 sand F3 11.39 1.2 <1% Hw 0 0 two shoots Hw F2 11.41 1.1 0 <1% Hw 0 in pound net lead F5 11.56 1.2 sand, seagrass detritus raked from bottom E5 11.57 1.5 sand, shell E6 1.4 sand, shell F6 12.01 1.1 sand, seagrass detritus raked from bottom F7 12.02 1.1 sand, seagrass detritus raked from bottom E7 12.04 1.2 sand E8 12.06 1.1 sand, detritus, picture of mud F8 12.08 1.1 sand F8.5 12.1 1 sand E8.5 12.12 1.3 sand Moffatt & Nichol I Page 16 ATTACHMENT I — Essential Fish Habitat (EFH) Assessment Essential Fish Habitat Assessment for Channel Dredging and Wainwright Slough Dredge Placement Project Carteret County, North Carolina Prepared for: Carteret County Submitted to: National Oceanic and Atmospheric Administration Fisheries December 6, 2016 Prepared by: hdhq moffatt & nichol 4700 Falls of Neuse Road, Suite 300 Raleigh, NC 27609 Essential Fish Habitat Assessment • Table of Contents 1. Introduction.................................................................................................................................1 1.1 Site Description.........................................................................................................................2 1.2 Project Description....................................................................................................................2 2. Description of Alternatives..........................................................................................................3 2.1 Alternative 1: No Action............................................................................................................3 2.2 Alternative 2: Applicant's Preferred Alternative — Maintaining navigability and restoring WainwrightIsland.....................................................................................................................3 3. Essential Fish Habitat..................................................................................................................3 3.1 Habitat Elements.......................................................................................................................3 3.1.1 Estuarine Emergent Wetlands...............................................................................................5 3.1.2 Submerged Aquatic Vegetation/Seagrass..............................................................................5 3.1.3 Aquatic Bed (Tidal Freshwater)..............................................................................................6 3.1.4 Estuarine Water Column/Creeks............................................................................................6 3.1.5 Primary Nursery Areas........................................................................................................... 7 4. Managed Species.........................................................................................................................7 4.1 SAFMC, MAFMC, and NMFS-managed Species........................................................................7 4.1.1 Black Sea Bass (Centropristis striata)..............................................................................9 4.1.2 Bluefish............................................................................................................................9 4.1.3 Butterfish (Peprilus triacanthus)..................................................................................... 9 4.1.4 Summer Flounder (Paralichthys dentatus).....................................................................9 4.1.5 Penaeid and Rock Shrimp (Penaeus spp. and Sicyonia spp.)..........................................9 4.1.6 Snapper Grouper Management Group.........................................................................10 4.1.7 Coastal Migratory Pelagics............................................................................................10 4.1.8 Highly Migratory Species..............................................................................................10 4.1.9 Spiny Lobster.................................................................................................................10 4.2 ASMFC-managed Species........................................................................................................11 4.3 NCDEQ-DMF............................................................................................................................11 5. Potential Impacts to EFH...........................................................................................................11 5.1 Short-term and Temporary Impacts........................................................................................12 Moffatt & Nichol I TOC Essential Fish Habitat Assessment ! I • 5.2 Permanent and Long-term Impacts........................................................................................12 5.3 Managed Species Effects Determination................................................................................13 5.3.1 NCDEQ-DMF Managed Species Impacts.......................................................................15 6. Summary....................................................................................................................................15 7. Reference..................................................................................................................................16 Moffatt & Nichol I TOC Essential Fish Habitat Assessment 1. Introduction Carteret County intends to dredge approximately 40,000 cubic yards (CY) of material from the federally authorized channel of Wainwright Slough, Ranges 2, 2A, and 3, near Cedar Island, south Pamlico Sound (Figure 1) in North Carolina. The purpose of this document is to assess impacts to essential fish habitat (EFH) resulting from the project's Preferred Alternative, which includes placement of dredged sediment on the adjacent Wainwright Island. The project will restore navigation depths to the authorized channel for recreational boating and commercial fishing vessels. Figure 1: Project Location Map The Magnuson -Stevens Fishery Conservation and Management Act (16 USC 1801 et seq.) requires the US Secretary of Commerce to develop guidelines assisting regional fisheries management councils on the identification and creation of management and conservation plans for EFH. Each council is required to amend existing fisheries management plans (FMP) to include EFH designations and conservation requirements. The act also requires federal agencies to consult with the Secretary of Commerce on all actions, or proposed actions, authorized, funded, or undertaken by the agency that might adversely affect EFH. All EFH is defined as "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity" (16 USC 1802(10)). "Waters" include aquatic areas and their associated physical, chemical, and biological properties that are used by fish and may include aquatic areas historically used by fish where appropriate. "Substrate" includes sediment, hard bottom structures underlying the waters, and associated biological communities. "Necessary" means the habitat is required to support a sustainable fishery and the managed species' contribution to a healthy ecosystem. "Spawning, breeding, feeding, or growth to maturity" Moffatt & Nichol Page 1 Essential Fish Habitat Assessment ( + covers a species' full life cycle. The designation of EFH is required only for species or species units for which councils have developed FMPs. 1.1. Site Description Carteret County is in southeastern North Carolina within the Tidewater Region of the Atlantic Coastal Plain physiographic province. Topography in the area consists of nearly level and gently sloping land that drains primarily into Pamlico Sound, one of the largest estuaries in the United States (NCSU 2016). Wainwright Slough is approximately five miles northeast of the Cedar Island Ferry Landing in Carteret County. The channel connects Pamlico Sound and Beaufort Harbor, and Wainwright Slough serves as a conduit for passage of commercial and recreational anglers between Beaufort Harbor and Pamlico Sound (Figure 1). The survey area established for this study in which EFH habitat has been investigated is a 100 -acre area encompassing the potential dredge disposal site (Wainwright Island) and adjacent waters immediately surrounding the island. Wainwright Island is a small dredge spoil island that is constantly subject to wave action and erosion. The island is inundated much of the time with only a small portion of land (less than 500 square feet) currently remaining above water. The small remnant island is dominated by Spartina alterniflora. 1.2. Project Description The proposed action responds to the following underlying needs: Budget shortfalls in the USACE navigation maintenance program have led to significant shoaling of Wainwright Slough due to no recent maintenance activities within the channel. • Wainwright Slough has become impassible in some areas by commercial and recreational vessels. There are potential economic, health, and safety impacts as a result. • Wainwright Slough is the only marked navigable route for local fishing vessels in this area of Pamlico Sound. The project was authorized under the River and Harbor Act of 1899 (amended August 30, 1935). The channel was originally dredged in 1935. Fifteen documented maintenance activities occurred in portions of the channel through 1968, with occasional maintenance dredging occurring after 1968 on an as -needed basis (USACE 1995a). The channel historically was dredged approximately once every three to four years, but due to budget shortfalls in the US Army Corp of Engineers (USACE) navigation maintenance program, the channel has not been dredged for many years. Historically, dredged material has been placed at the toe -of -the -bank on the channel (east) side of Wainwright Island. Due to the disposal area's location, dredged material tends to return to the channel in a relatively short amount of time. Historically, scoping and permitting requirements for Wainwright Slough were managed and completed by the USACE Wilmington District - South Atlantic Division, and culminated in an Environmental Assessment (EA) dated June 1995. A Finding of No Significant Impact (FONSI) for Maintenance Dredging at Wainwright Slough was issued in August 1995 (USACE 1995b). The EA and associated FONSI covered the action to place dredge material on the island's non -channel side. Moffatt & Nichol I Page 2 Essential Fish Habitat Assessment 2. Description of Alternatives This section describes the alternatives evaluated for responding to the shoaling within the channel and the disposal of dredge material to restore Wainwright Island. The analysis of alternatives is based on meeting the project purpose and need as defined (restore commercial and recreational navigation through Wainwright Slough to maintain and sustain economic benefits from the local commercial fishing industry, recreational fishing, and local tourism), in addition to minimizing adverse environmental consequences. This EFH report focuses on impacts resulting from the Preferred Alternative. The alternatives evaluated include: • Alternative 1— No Action • Alternative 2 — Applicant's Preferred Alternative — Maintaining navigability and restoring Wainwright Island 2.1. Alternative 1: No Action The "No Action" alternative involves maintaining existing conditions of the Wainwright Slough channel. USACE has not been able to perform maintenance activities in the channel; therefore, navigation would remain impassible and potentially dangerous in the future. The potential for economic, health, and safety impacts would remain and possibly become more significant with time. 2.2. Alternative 2: Applicant's Preferred Alternative - Maintaining Navigability and Restoring Wainwright Island In an attempt to reestablish the channel navigability, Carteret County is seeking a permit that would allow dredging and placement of materials to restore Wainwright Island. Approximately 40,000 CY would be dredged from the federally authorized channel of Wainwright Slough, Ranges 2, 2A, and 3, with sediment placement occurring adjacent to Wainwright Island. The dredging would restore navigation depths to the authorized channel for recreational boating and commercial fishing vessels. The channel would be dredged to -7 MLLW with an additional 2 feet of overdepth tolerance, resulting in a maximum depth of disturbance down to -9 MLLW. The project maintains compliance with the channel's federal authorization, and the sediment placement will be used to help create nesting and foraging bird habitat by open placement of the material adjacent to Wainwright Island. Sediment placement will be located on the west side of the existing island to reduce erosion back into the channel and will occur over a maximum footprint of 10.5 acres up to an elevation matching the existing Wainwright Island. 3. Essential Fish Habitat 3.1. Habitat Elements Pursuant to the Magnuson -Stevens Fishery Conservation and Management Act (Public Law 94-265) and the 1996 amendments to the Act, known as the Sustainable Fisheries Act (Public Law 104-297), an EFH consultation was requested by NOAA Fisheries for the proposed project. For the North Carolina coast, this requires that EFH be identified for all fish species managed by the South Atlantic Fisheries Management Council (SAFMC), the Mid -Atlantic Fisheries Management Council (MAFMC), and NOAA National Marine Fisheries Service (NMFS). This EFH assessment's objective is to determine whether the actions for the Moffatt & Nichol I Page 3 Essential Fish Habitat Assessment proposed project "may adversely affect" designated EFH for relevant managed fisheries species within the proposed project area. A list of EFH habitat types and their presence or absence in the project area is provided in Table 1. Submerged Aquatic Vegetation (SAV) is found in both SAV/seagrass and tidal freshwater (aquatic bed) habitat categories. Habitats are described in more detail in the following sections. Table 1: EFH Types Potentially Found in Project Area EFH Type Found in PMat AM Inshore • Estuarine emergent wetlands Yes • Estuarine forested wetlands No • Estuarine shrub/scrub (mangrove) No • Submerged aquatic vegetation (SAV)/Seagrass Yes* • Oyster reef and shell bank No • Intertidal flats/mud bottoms No • Palustrine emergent and forested (freshwater) No • Aquatic bed (tidal freshwater)** Yes • Estuarine water column/creeks Yes Marine • Live/hard bottom No • Coral and coral reef No • Artificial/man-made reef No • Sargassum No • Water column No SAV was not found in the project area; however, potential SAV habitat is present in the general project vicinity. ** Includes SAV in shallow areas. Figure 2 (following page) depicts locations of EFH areas in Pamlico Sound within the proposed action area. The EFH identified in the Fisheries Management Plans (FMP) amendments of the SAFMC that are in proximity to this site include Estuarine Water Column/Creeks, Estuarine Emergent Wetlands, and Aquatic Beds (Tidal Freshwater). Those identified in the MAFMC that are present within the project area include SAV/Seagrass and Estuarine Water Column/Creeks. Habitat Areas of Particular Concern (HAPC) are subsets of designated EFH. Under the South Atlantic HAPC, SAV is a designated HAPC and can be found in proximity of the project area. Moffatt & Nichol I Page 4 Essential Fish Habitat Assessment a • Figure 2: EFH Area Locations 3.1.1. Estuarine Emergent Wetlands Estuarine Emergent Wetland includes all tidal wetlands dominated by erect, rooted, herbaceous hydrophytes (excluding mosses and lichens). These wetlands occur in tidal areas where salinity due to ocean -derived salts is equal to or greater than 0.5 percent and that are present for most of the growing season during most years. Perennial plants usually dominate these wetlands and vegetation cover is typically above 80 percent. These wetlands are typically dominated by marsh grasses such as Spartina species, needlerush (Juncus spp.), and narrow leaved cattail (Typha angustifolia). Estuarine emergent wetlands are nutrient -rich with high primary productivity, allowing these habitats to support a diversity of fish, invertebrates, and coastal birds. Managed fish species use these marshes during multiple life stages because they provide nursery habitat for juveniles and foraging for adults. Estuarine emergent wetland habitat is present on the existing Wainwright Island. 3.1.2. Submerged Aquatic Vegetation/Seagrass The shallow waters (6 feet deep or less) of Pamlico Sound provide habitat and potential habitat for SAV beds. NCMFC defines SAV habitat as area currently vegetated with one or more appropriate SAV species or has been vegetated by one or more species within the past 10 growing seasons, as well as meets the average growing conditions needed (water depth of 6 feet or less, average light availability [Secchi depth of one foot or more], and limited wave exposure. SAV habitats are typically rich in invertebrates and serve as important foraging areas, in addition to providing many juvenile and adult fish refuge from predators. SAV also plays a role in stabilizing sediment, nutrient Moffatt & Nichol I Page 5 Essential Fish Habitat Assessment cycling, reduction of wave energy, and provision of organic matter that supports complex food webs (North Carolina Wildlife Resources Commission [NCWRC], 2005). For these reasons, SAV habitat is considered Habitat Areas of Particular Concern (HAPC) for several managed fish species. The distribution and composition of SAV habitat is influenced by several factors; among the most important factors are salinity, light, nutrient levels, and wave action. Because SAV distribution, abundance, and density varies seasonally and annually in response to climatic variability coupled with its sensitivity to other stressors, large-scale SAV changes may occur. Major threats to SAV habitat include water quality degradation from dredging activities, excessive nutrient and sediment loading, plus the emerging threat of accelerated sea level rise, barrier island stability, and increasing water temperatures (Deaton et al. 2010). Moffatt & Nichol was contracted to perform a submerged aquatic vegetation (SAV) survey in the general vicinity of the 100 -acre disposal site (Wainwright Island). Protocols used for this study were provided by and discussed with the North Carolina Division of Coastal Management (Gregg Bodnar) and NOAA Fisheries Habitat Conservation Division (Ken Riley) prior to sampling. State and federal resource agencies required the survey as a measure to help identify potential impacts the project may create for any existing SAV within the proposed work areas. SAV presence was virtually non-existent in the sampling area around Wainwright Island. Only 1-2 shoots (<1% cover) were found in five quadrats sampled during this investigation. There is no obvious explanation for why SAV growth is limited in this portion of Pamlico Sound, although significant wave exposure and movement of water was observed in the field. Wave exposure in shallow water could possibly affect SAV populations. About 309 square miles of marine bottom are dominated by Halodule wrightii in Core and Pamlico Sounds in North Carolina, where Halodule occurs away from the main body of its distribution farther south. The species is common in Texas and Florida (and the Caribbean) but does not extend any farther north than Cape Hatteras (Ferguson et al 1993). Seagrass distribution in the targeted study area may be affected by factors that affect seagrass composition and distribution throughout its range, including turbidity or sediment load in the water column and the cumulative effect of increased turbidity and dredging and spoil disposal, wave exposure, boat propeller scarring, and shrimp trawling. Even though SAV presence was virtually non-existent, it is recognized that SAV habitat potential is present in the general vicinity of the project and throughout Pamlico Sound. 3.1.3. Aquatic Bed (Tidal Freshwater) Aquatic bed habitats in the project area include the soft bottom substrate of the Pamlico Sound. This habitat type is comprised of sand as well as inorganic muds, organic muds, and peat. Nutrients are typically provided by riverine sources and transported via wind tides in addition to lunar tidal exchange. The abundance of benthic macroalgae in this habitat supports a high diversity of invertebrates that are an important fishery food source. Shallow areas less than 6 feet deep within this habitat type can also support SAV populations (Street et al. 2005). 3.1.4. Estuarine Water Column/Creeks The estuarine water column extends from the estuarine bottom to the surface waters and is especially important as it directly affects all other estuarine aquatic habitats (NCWRC 2005). This habitat is characterized by the oligohaline (estuarine) waters present in Pamlico Sound with seasonally variable salinity Moffatt & Nichol I Page 6 Essential (Fish Habita t Assessment . levels. Distinct zones within the water column can be defined by parameters such as salinity, temperature, and dissolved oxygen. Water column zonation continually fluctuates and is a function of tidal dynamics, season, nutrient levels, and ocean proximity. Fish and shellfish often exploit distinct resources within the water column based on species-specific diet, behavior, and morphology. For example, pelagic fishes (live higher in the water column) and demersal fishes ;bottann dwelling) have adapted to take advantage of these different habitats, and favorable spamming and feeding corditions can occur at varying locations at different tines of the year. 3.1.5. Primary Nursery Areas While not a single specific EFH type, Primary NurK-ery Areas (PNA) are composed of several EFH types and are state -designated waters that are used by marine and estuarine fishes and invertebrates during early development. Secondary Nursery Areas (SNA) typically occur in the lower reaches of streams and bays. Nursery areas are designated and regulated by Ni: Division of Marine Fisheries (NCDMF) and NCWRC in some areas. These areas are typically shallow waters w�t:h soft bottom substrate that are surrounded by marshes and wetlands. The abundance of refuge, foraging habitat, and food resources present in these areas result in the successful development of many sub -adult organisms (Beck et al. 2000). Nursery areas are considered HAPC for several managed fish species. There are no designated Primary or Secondary Nursery Areas within the project area. 4, Managed Species 1. SAFMC, MAF C, and LNIFS- t,anagt:-! i Species SAFMC and MAFMC have developed FMPs for several species, or species units (SAFMC 2008; MAFIVIC 2008), although not all of these species are found in the project area. Highly migratory species' FMPs and Atlantic billfish FMPs were developed by the Highly Migratory Species Management Unit, Office of Sustainable Fisheries, NMFS (NMFS, 1999a; NMFS, 199910). As par; of each FMP'the council designates not only EFH, but also HAPC, a subset of EFH that refers to specific locations required by a life stage(s) of that managed species. Table 2 presents the species or species units for which EFH and/or HAPC exist, and the occurrence of these species within the project area. The sections that follow describe managed species that are found in the project area and their associated EFFIs. Table 2: Project Area Managed Species, EFIy' and iLIAPiC Moffatt & Nichol I Page 7 Essential Fish Habitat AssessmentNOAA Fisheries Butterfish (Peprilus Yes Eggs, Larvae, Estuarine Water triacanthus)z Juveniles, Adults Column/Creeks None Spiny dogfish (Squalus acanthius) No None None None Longfin squid (Loligo pealei) No None None None Monkfish (Lophius americanus) No None None None Ocean quahog (Artica islandica) No None None None Estuarine Water Summer Flounder (Paralichthys Larvae, Juveniles, Column/Creeks, SAV, dentatus) Yes Adults Aquatic Beds, Estuarine SAV* Emergent Wetlands Scup (Stenotomus chrysops) No None None None Shortfin squid (!Ilex illecebrosus) No None None None Tilefish (Lopholatilus chamaeleonticeps) No None None None South Atlantic Fisheries Management Council (SAFMC) Penaid and Rock Shrimp Estuarine Water (Penaeus spp. and Sicyonia Yes Larvae, Juveniles, Column/Creeks, SAV, None spp) Adults Aquatic Beds, Estuarine Emergent Wetlands Estuarine Estuarine Water Water Snapper grouper management Yes 3 Larvae, Juveniles, Column/Creeks, SAV, Column/ unit Adults Estuarine Emergent Creeks, SAV, Wetlands Estuarine Emergent Wetlands Golden crab (Chaeceon fenneri) No None None None Spiny Lobster (2 Species) Estuarine Water Spiny lobster (Panulirus argus) Eggs, Larvae, Column/Creeks, SAV, Slipper lobster (Scyllarides Yes Juveniles, Adults Aquatic Beds, Estuarine None nodifer) Emergent Wetlands Coastal migratory pelagic Yes 4 Larvae, Juveniles, Estuarine Water species Adults Column/Creeks None Sargassum (Sargassum spp.) No None None None Calico scallop (Agopecten gibbus) No None None None Coral, coral reef, and live/hard bottom habitat No None None None National Marine Fisheries Service (NMFS) Highly migratory species Yes (Bluefin Estuarine Water (sharks, tuna, swordfish) Tuna) Juveniles Column/Creeks, SAV, None Aquatic Beds Billfish No None None None Source: MAFMC, 2008; SAFMC, 2008; NMFS, 1999a, 1999b. 1 No EFH or HAPC designated for black sea bass by MAFMC is located in the project area; however, black sea bass are included in the snapper grouper management unit under SAFMC. 2 No EFH or HAPC designated for butterfish by MAFMC is located in the project area; however, because of catch records of butterfish, the estuarine waters of Pamlico Sound are included as "inshore" EFH. 3 Species from this management unit that have been recorded near the project area include black sea bass, red grouper, and Atlantic spadefish. 4 Spanish mackerel is the only species from this management unit recorded in the vicinity of the project area. * Potential SAV habitat; SAV presence was not noted during field surveys Moffatt & Nichol I Page 8 Essential Fish Habitat AssessmentNOAA Fisheries 4.1.1. Black Sea Bass (Centropristis striata) The black sea bass is a demersal species found from Maine to Florida that are opportunistic feeders and accept a variety of food sources. As juveniles and adults, this species is associated with submerged structures in estuarine and marine waters. Spawning occurs offshore from May to October along the continental shelf in an area extending from southern New England to North Carolina. Eggs are generally hatched on the continental shelf near large estuaries, but eggs have also been found in bays in North Carolina. Juvenile Black Sea Bass enter estuaries during late spring and ea -ly summer to forage on invertebrate prey and small fish. This species is typically not found in the Pamlico S:)und, but: fishing reports from NCDMF have shown presence of this species in the last 10 years. MAFPAC does rot currently designate any EFH or HAPC areas for black sea bass within the project area, however, SAFMC considers black sea bass one of the 70 species included in the Snapper Grouper Management Unit. All tidal and estuarine waters, including emergent wetlands, estuarine water column and potential SAV habitat are designated EFH for this species. Additionally, potential SAV habitat within the project area is co ,isidered HAPC for this species. 4.1.2. Bluefish Bluefish are primarily pelagic fish found over the continental shelf (NOAA 2016a). Adults are piscivorous (fish - eating) and feed on small bait fish in inshore and estuarine habitats. While not typically found in oligohaline waters such as Pamlico Sound, bluefish do occur within the project area based on nearby fishing records. Spawning takes place on the continental shelf at different times of the year depending on location, and eggs are not found in estuarine wagers. However, as larvae develop, they may cross into inshore and estuarine waters. There are no EFH areas designated for eggs and la -vae within the study area, but EFH exists forjuveniles and adullts within the estuarine water column/creeks. alo HAPC for bluefish adults and juveniles has been identified in this area. 4.1.3. Butterfish (Peprilus tiriacanthus) Butterfish spawning occurs offshore, but eggs and larvae can be found in estuaries. All life stages may make use of estuaries during growth. MAFMC has designated both inshore and offshore EFH for all life stages of butterfish. Inshore EFH is defined as the estuarine "mixing zone" where fresh and saline waters converge. Appropriate potential habitat exists within the project area for butterfish and local fishing records indicate butterfish have been documented in Pamlico Sour d; therefore, the estuarine water column has been included as EFH for this specie. 4.1.4. Summer Flounder (Paralichthys dentatus) The summer flounder is estuari ne-dependent and is found along the Atlantic coast from Maine to Florida. Spawning occurs from Cape Cod to Cape Hatteras between October and May along the continental shelf in waters 30 to 60 feet deep. In later winter and spring, larvae enter estuaries to develop into juveniles. In the fall, juveniles migrate to the open ocean. Adult surnmer flounder utilize estuaries on a seasonal basis. MAFMC designates all tidal estuarine waters, including estuarine emergent wetlands, potential SAV habitat, and aquatic beds as EFH for all life stages except el;i;s. SAV habitat that does occur in Pamlico Sound is also considered a HAPC for summer flounder. Moffatt & Nichol I Page 9 Essential Fish Habitat Assessment 4.1.5. Penaeid and Rock Shrimp (Penaeus spp. and Sicyonia spp.) Penaeid shrimp (white, pink, and brown shrimp) are estuarine -dependent species of commercial and ecological significance. Penaeid shrimp spawn offshore where both larval and postlarval development occurs. Currents carry postlarval shrimp into estuaries, where they are distributed based on salinity and substrate preferences. As shrimp grow, they migrate to higher salinity areas before returning to offshore spawning areas. All tidal and estuarine waters within the project area, including estuarine emergent wetlands, potential SAV habitat and aquatic beds are designated as EFH for penaeid shrimp. 4.1.6. Snapper Grouper Management Group The Snapper Grouper Management Group includes more than 70 species that are managed by the SAFMC. Red grouper, Atlantic spadefish, and black sea bass are species within this group that have been documented near or within the project area. Black sea bass have been previously discussed, and have been documented in Pamlico Sound. Red grouper spawn from early winter to late spring and occur in shallow nearshore reef habitats. Juveniles move to deeper waters at sexual maturity and movements of adults are extensive, but are not well known. While not typically found in oligohaline waters, local fishing reports have documented presence of this species within Pamlico in or near the project area. Atlantic spadefish are opportunistic bottom feeders that utilize a variety of brackish water and nearshore habitats. Spawning occurs from May to September and juveniles are typically found in estuarine waters while adults are typically found in nearshore areas. Atlantic spadefish have been documented in local fishing reports in or near the project area. 4.1.7. Coastal Migratory Pelagics The only coastal migratory pelagic species found near the project area is the Spanish mackerel. Spanish mackerel spawn from May to September (SAFMC 1998), with eggs and larvae using pelagic habitats and juveniles moving into estuaries for use as nursery areas. While typically not found in oligohaline waters such as Pamlico Sound, Spanish mackerel do occur in the area based on commercial fishing data. Estuarine water column/creek habitats are designated as EFH by SAFMC in the management of this unit because prey items for species in this unit are typically estuarine dependent. There are no HAPCs designated by SAFMC for Spanish mackerel in the project area. 4.1.8. Highly Migratory Species Atlantic bluefin tuna juveniles are the only highly migratory species with EFH in the project area (NOAA 2009). Bluefin tuna generally spawn in the Gulf of Mexico, continuing to the mid -east coast of Florida where they remain until development into juveniles. Juveniles can be found from North Carolina waters to coastal waters in the northeastern United States. Adults are pelagic and can be found from the Gulf of Mexico to waters off the northeastern United States coast. The project area and general project vicinity contains EFH for juvenile bluefin tuna in the estuarine water column/creeks, potential SAV areas, and aquatic bed habitats. 4.1.9. Spiny Lobster Spiny lobster and slipper lobster have EFH for all life stages within the project area. EFH includes estuarine water column/creeks, aquatic bed, and SAV (NOAA 2016b). The spiny and slipper lobster larvae are typically found in open ocean in the epipelagic zone of the Caribbean Sea, Gulf of Mexico, and the straits of Florida. Moffatt & Nichol I Page 10 Essential Fish Habitat Carteret County j N tAA Fisheries Post -larvae and juveniles occupy shallow waters of bays, lagoons, and reef flats, habitats supported by the production of seagrasses, benthic algae, phytoplankton, and detritus. As the lobsters increase in size, they move towards deeper waters in bays, reefs, and nearshore areas. As adults, they can be found in deeper waters both nearshore and off=shore. 4.2. ASMFC-managed Species The Atlantic States Marine Fisheries Commission (ASIViFC) coordinates additional conservation and management of states' shared nearshore fishery resources. Member states include North Carolina, South Carolina, Georgia, Florida, Virginia, Maryland, Delaware, Pennsylvania, New Jersey, Connecticut, Rhode Island, Massachusetts, New Hampshire, and Maine. Species managed by the ASMFC that are found in the Pamlico Sound and nearshore waters include: American eel (Anguilla rostrata), Atlantic croaker (Micropogonias undulatus), Atlantic menhaden (B,-evoortio tyrannus), black sea bass, blueback herring (Alosa aestivalis), bluefish, red drum ,(Sciaenops ocellatus), spot (Leiostomus xanthurus), spotted sea trout (Cynoscion nebulosus), southern flounder (Paralichthys lethostigma), striped bass (Morone saxatilis), summer flounder, and weakfish (Cynoscion regalis). 4.3. NCDEQ-DMF The Fisheries Reform Act of 1997 (FRA) prompted NCDEQ-DMF to begin the process of developing FMPs for all commercially or recreationally important species and fisheries that are found in state marine or estuarine waters, with the goal of ensuring the long-term sustainability of these fisheries. Species with existing or in - development management plans include: river herring [blueback herring (Alosa aestivalis) and alewife (Alosa pseudoharengus)], shrimp (Penaeus spp.), striped pass, southern flounder, blue crab (Callinectes sapidus), red drum, oysters (Crassostrea virginica), 'hard clams (blercenaria mercenaria), bay scallop (Argopecten irradians), kingfish (Menticirrhus americanus), and striped mullet (Mugul cephalus). S. Potential Impacts to EFH Historic and present stressors to fish and EFH communities in the Pamlico Sound have occurred as a result of fluctuations in nutrient loading, turbidity, and salinity as well as increased fishing pressures. Turbidity and wave exposure are important factors in affecting the distribution of habitat quality near the project area. Impacts created by the Preferred Alternative are primarily localized short-term impacts and will not have a permanent additive effect on fish and EFH stressors within the project area. Actions taken during project design and implementation phases will ensure that the Applicant's Preferred Alternative avoids or minimizes direct, indirect, and cumulative effects to identified essential fish habitat and associated species in proximity to the project. The work will be conducted using a hydraulic dredge and pipeline system. The work will he conducted on a 24-hour day schedule with completion expected prior to April 1, 2017. The material placement site will be constructed to discourage sediment from flowing back into the navigation channel. The contractor will erect temporary sand dikes along the flow way of the placement site to help direct the dredge slurry away from the navigation channel. The dikes will be constructed from the initial dredge material to reduce disturbance of the pBacement area. The dikes will be extended and maintained in a fashion to help limit the turbidity plume leaving the work area. Moffatt & Nichol I Page 11 Essential Fish Habitat Assessment 5,1. Short-term and Temporary Impacts Construction associated with the Preferred Alternative would take place in Pamlico Sound, and include channel dredging and the subsequent placement of dredged material around Wainwright Island. Construction activities will produce noise, turbidity, and siltation, thereby creating short-term, localized impacts to EFH identified in the project area and possibly to targeted management species. Dredging activities could create a short-term decrease in dissolved oxygen. Many, if not all, of the fish species with EFH within the project area would be expected to escape the area during construction activities, and construction disturbances would not be expected to be lethal to any fish species with EFH within the project area. At the ecosystem level, increased turbidity could result in reduced ecosystem productivity (ability of the ecosystem to produce and export energy) and nursery value by elimination of organisms that cannot easily flee construction activities, and the displacement of mobile organisms. For individual organisms, turbidity can impair visual predation success, predator avoidance, and an organism's ability to take in oxygen through clogging of respiratory organs. Siltation could alter SAV and invertebrate animal communities within the project area. Again, these potential impacts are expected to be short term and temporary in nature. Mobile animals would likely avoid the area during the construction phase, but likely return once construction is complete and pre -construction conditions return. Benthic organisms would likely recover rapidly post - construction, as most benthic communities (including SAV) are resilient and recolonize quickly after short- term impacts (Ellis 2009, Dernie 2003). 5,2. Permanent and Long -Term Impacts While dredging construction activities and placement of dredged material will create short-term and localized impacts on EFH within the project area, long-term and permanent impacts are expected to be minimal for the Preferred Alternative. The area has been dredged historically and EFH resources such as SAV are limited to non-existent based on field surveys. Growth of SAV is affected by salinity, wave exposure, nutrient concentrations, Fight, and turbidity. The Preferred Alternative would have no effect on salinity, nutrient concentrations, light, and wave exposure. During a SAV survey conducted in September 2016, only single shoots of Halodule wrightii were found in a few locations within the project area. Coverage of SAV was limited to less than 1% of the surveyed area. Wave exposure appeared to be one of the most significant limiting factors for SAV in the surveyed area based on field observations. The nearest state -mapped SAV locations (APNEP/NCDEQ 2011) are more than 1,000 feet from the proposed placement area of dredged material around Wainwright Island. Dredged material would likely settle and stabilize quickly in the placement area. In addition, no negative impacts to the area containing the existing Wainwright Slough channel would be expected, as these channels are generally lower in productivity due to low levels of light penetration and a disturbed bottom. Dredge material placement within the proposed footprint of the restored island will displace any benthic habitat located within this 10.5 -acre area, and create temporary impacts to the existing emergent estuarine wetland located on the current Wainwright Island. However, the re-establishment of a 10.5 -acre island will create significantly more emergent wetland habitat than currently exists at the site. Moffatt & Nichol I Page 12 Essential Fish Ha bitat Assessment 53. Managed Species Effects Determination The Preferred Alternative should create minimal localized and short-term effects within the project area for identified managed species. Most species are motile and should be able to avoid construction activities during the construction phase of the project. This section evaluates impacts to SAFMC, MAFMC, NMFS, and NCDEQ-DMF managed species, but does not include an evaluation of impacts to ASMFC-managed species. ASMFC is primarily a deliberative body, coordinating the conservation and management of states' shared fishery resources. In general, short-term impacts include potential mortality in earlier life stages for managed species, and some limited displacement and habitat disturbance in later life stages. Long-term impacts are minimal and generally involve the potential disruption of dispersion within Pamlico Sound for earlier life stages of managed species. Table 3 providers a surimary of both short-term and long-term potential impacts for SAFMC, MAFMC, and NMFS-managed species within the project area. Tatp/e 3: Potential Short- and Long -Term Impacts ro Project Area E:FH Species Species impact type Eggs ' LarVae Juveniles -Mortality from 5twrt-Term N/A Mortality from constructionDisplacement and 1p2icts construction -Displacement habitat disturbance Blank sea bass (Centropristis and habitatdisturbance striota) --- -- Limited potential toctg-Term N/A disruption of N/A N/ A N/ A impacts in Pamlico Sound -Mortality from SJ Tor N/Aement N/A construction -Displac Displacement and Bluefish (Pomatomus and habitat habitat disturbance salotrix) disturbance Er ecr N/A N/A N/A N/A -Mortality from S11oft-Te Mortality from Mortality from construction Displacement and impacts i construction construction -Displacement habitat disturbance v and habitat disturbance Butterfish (Peprilus Low density in triacanthus) € project area, Low density in but limited project area, but LoWTecm potential limited potential N/A N/A f" impacts dlisruption of c'isruption of dispersion in dispersion in IJ Pamlico 5ourd Pamlico Sound -Mortality from -Mortality from Summer Flounder ? SE►�srt Ter�t construction construction Displacement and (Pa•alichthys dentatus) Impacts N/A -Displacement acemt -Displacement habitat disturbance and and habitat disturbance disturbance Moffatt & Nichol I Page 13 Essential Fish Habitat AssessmentNOAA Fisheries Species Impact Type Eggs Larvae Juveniles Adults Long -Term N/A N/A N/A N/A impacts -Mortality from -Mortality from Short -Term construction construction Displacement and Impacts N/A -Displacement -Displacement habitat disturbance Penaid and Rock Shrimp and habitat and habitat (Penaeus spp. and Sicyonia disturbance disturbance spp-) Limited potential Long -Term N/A disruption of N/ A N/ A Impacts dispersion in Pamlico Sound -Mortality from -Mortality from Short -Term construction construction Impacts N/A -Displacement -Displacement -Displacement and and habitat and habitat habitat disturbance Snapper grouper disturbance disturbance management unit Limited potential Long -Term N/A disruption of N/A N/A Impacts dispersion in Pamlico Sound -Mortality from Short -Term Mortality from Mortality from constructionDisplacement and Impacts construction construction -Displacement habitat disturbance and habitat Spiny Lobster (2 Species) disturbance Spiny lobster (Panulirus ar us 9 � Low density in Low density in Slipper lobster (Scyllarides project area, project area, but nodi er f � Long -Term but limited limited potential Impacts potential disruption of N/A N/A disruption of dispersion in } dispersion in Pamlico Sound P Pamlico Sound Short -Term N/A Mortality from DisplacementDisplacement and habitathabitat and Impacts construction disturbance disturbance Coastal migratory pelagic species Limited potential N/A disruption of N/A N/A dispersion in Pamlico Sound Displacement N/A N/A and habitat N/A Highly migratory species Long -Term disturbance (sharks, tuna, swordfish) Impacts N/A N/A N/A N/A Moffatt & Nichol I Page 14 Essential Fish Habitat Assessment' Cary.., ► •a 5.3.1. NCDEQ-DMF Managed Species Impacts In addition to the SAFMC, MAFMC, and NMFS-managed EFH species, NCDEQ-DMF has developed or is in the process of developing FMPs for many species four -d in North Carolina waters, including red drum, southern flounder, striped bass, blue crab, striped mullet, hard clams, and kingfish. Impacts to flounder are similar to impacts listed for summer flounder in the previous table. Potential impacts to red drum, kingfish, river herring, striped bass, hard clams, bay scallops, oysters,, blue crabs, and striped mullet are addressed below. The red drum is an estuarine -dependent species with foraging areas throughout Pamlico Sound. Red drum typically arrive in Pamlico Sound in the spring, with a second arrival often occurring in the fall as fish begin a southerly migration from Mid -Atlantic States. Both juvenile and adult red drum may occur in the project area but are mobile enough to avoid construction activities. Kingfish have a similar life history to the red drum in Pamlico Sound. Juveniles and adult kingfish may occur in the project area, but are a highly mobile species, therefore impacts will be minimal. River herring and striped bass are anadromous fish whose adult life stages live in lower estuaries and marine waters. Juveniles and adults are mobile enough to avoid construction disturbance in the project area. Potential impacts to hard clams in the project area include increased short-term turbidity and siltation that could clog the respiratory and feeding structures of hard clams that may result in limited mortality. Mortality of hard clams in the direct area of dredge placement would be high, as clams are sessile and would not be able to escape construction impacts. In this area, l-abitat alteration for the hard clam would be permanent. Impacts to oysters and bay scallops would be similar to hard clams, however, no live oysters or bay scallops were observed during a field visit in September 2016. Blue crabs occupy various marine and estuarine habitats throughout their life cycle. Mating occurs in estuaries, followed by spawning near coastal inlets from April to June and August to September in North Carolina. Weather, water quality conditions, proximity to inlets, wind direction, and hours of dark flood tide impact breeding productivity in blue crabs. impacts affecting; eggs .and larvae from noise, turbidity, and siltation may occur but should be short term.luveniles and adults .are mobile and would be able to escape construction disturbance. Striped mullet are catadromous (move from freshwater to ocean to spawn) species that live in fresh and estuarine waters until moving to high salinity estuarine and nearshore marine waters to spawn in winter and early spring. Larvae develop in marine offshore environments, and would not be present in Pamlico Sound. Immature striped mullet move to estuaries during the winter and generally occupy estuarine waters until spawning. Juveniles and adults may be present near the project area, but are mobile and would be minimally impacted by turbidity, siltation, and noise resulting from construction activities. 6. Summary The Preferred Alternative includes the dredging of approximately 40,000 CY from a federally authorized channel and placement of that dredge material to restore approximately 10.5 acres of emergent salt marsh habitat at Wainwright Island. The Preferred Alternative would likely result in primarily short-term, localized, and temporary adverse effects to EFH and managed species, but project design, implementation, and construction measures under consideration would keeip these impacts to a minimum, as well as reduce the possibility of any permanent, long-term impacts. Short-term impacts would include increased turbidity, Moffatt & Nichol I Page 15 Essential Fish Habitat Assessment siltation, and noise from construction activities, but most managed species found in this area are highly mobile and would be able to escape construction disturbance and eventually return to the area post - construction. Aquatic substrate impacted by siltation should recover after construction, and turbidity would be limited to the immediate construction area. SAV habitats were found to be minimal to non-existent within the project area, so impacts to SAV resources will be minimal for this project. Species that utilize SAV habitats for foraging and refuge from predators likely will not be impacted since current SAV resources are limited. Additionally, the Preferred Alternative will have no long-term, adverse effects on the ecosystem benefits provided by SAV, including the provisioning of organic matter for localized food webs, stabilizing sediment, nutrient cycling, and reduction of wave energy. The Preferred Alternative, while reducing available sandy benthic habitat within the project area, will also create over 10 acres of emergent estuarine wetland (a designated EFH within the project area) in an area where benthic habitat has been impacted by exposure to waves. A re-established Wainwright Island would also provide valuable new nesting and foraging habitat for coastal birds. The Preferred Alternative could result in increased long-term SAV colonization and general benthic habitat improvements adjacent to the re- established island. 7. Reference Albemarle -Pamlico National Estuary Partnership (APNEP), NCDEQ, 2011. Submerged Aquatic Vegetation GIS data based on 2006-2008 Aerial Imagery. Available at http://www.nconemap.com. Accessed: November 2016. Beck, M.W., K.L. Heck Jr., K.W. Able, D.L. Childers, D.B. Eggleston, B.M. Gillanders, B. Halpern, C.G. Hayes, K. Hoshino, T.J. Minello, R.J. Orth, P.F. Sheridan, and M.P. Weinstein. 2001. "The Identification, Conservation, and Management, of Estuarine and Marine Nurseries for Fish and Invertebrates." Bioscience. 51(8): 633-641. Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal. 2010. North Carolina Coastal Habitat Protection Plan. NC Department of Environment and Natural Resources, Division of Marine Fisheries. Dernie, K.M, MJ, Kaiser, and R.M. Warwick. 2003. "Recovery rates of benthic communities following physical disturbance." Journal of Animal Ecology. 72: 1043-1056. Ellis, B.O. 2009. "Year Five (Final) Submersed Aquatic Vegetation Survey, Currituck Sound, Whalehead Bay- Currituck Heritage Park." Memorandum to John Hennessy, Environmental Supervisor, National Park Service, Assistance and Compliance Oversight Unit. Ferguson, Randolph L., B.T. Pawlak, L.L. Wood. 1993. Flowering of the seagrass Halodule wrightii in North Carolina, USA. Aquatic Botany, Volume 46, Issue 1, Pages 91-98 Mid -Atlantic Fishery Management Council (MAFMC). 2008. Fishery Management Plans. Available at http://www.mafmc.org/fishery-management-plans/. Accessed: November 2016. Moffatt & Nichol I Page 16 Essential Fish Habitat Assessment Carteret County / NOAA Fisheries National Marine Fisheries Service (NMFS). 1999. Essential fish habitat: A marine fish habitat conservation mandate for federal agencies. Revised 08/04. NMFS, Habitat Conservation Division, Southeast Regional Office, St. Petersburg, Florida. NMFS. 1999a. Final fishery management plan for Atlantic tuna, swordfish, and sharks, including the revised final environmental impact statement, final regulatory impact review, the final regulatory flexibility analysis, and the final social impact assessment. Highly Migratory Species Management Division, Office of Sustainable Fisheries, National Marine Fisheries Service, Silver Springs, Maryland. NMFS. 1999b. Amendment 1 to the Atlantic billfish fishery, management plan, including the revised final environmental impact statement, final regulatory impact review, the final regulatory flexibility analysis, and the final social impact assessment. Highly Migratory Species Management Division, Office of Sustainable Fisheries, National Marine Fisheries Service, Silver Springs, Maryland. North Carolina State University (NCSU). 2016. Coastwatch. https://ncseagrant.ncsu.eclu/coastwatch/previou!i4ssues 2012-2/summer-2012/the-pamlico-sound-fishing- gem-of-north-carolina/. Accessed November 2016. NC Wildlife Resources Commission. 2005. North Carolina Wildlife Action Plan. Raleigh, NC. Available at http://www.ncwildlife.org/pgC7 Wild lifeSpeciesCon 7c1 3.htm. Accessed: November 2016. National Oceanic and Atmospheric Administration (NOAA) 2009. Final Amendment 1 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan, Essential Fish Habitat. National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Office of Sustainable Fisheries, Highly Migratory Species Management Division, Silver Spring, MD. Public Document. pp. 395. NOAA 2016a. https://www.greateratlantic.fisherie!s.naaa.go�//hcd,/bluefish.htm. Accessed November 21, 2016. NOAA 2016b. http://www.habitat.noaa.gov/protection efh newlnv/index.html. Accessed: November 21, 2016 South Atlantic Fishery Management Council (SAFMC). 2008. Fishery Management Plans. Available at http://safmc.net/fishery-mana,ement-plans-amendments,/. Accessed: November 2016. SAFMC. 1998. Final Habitat Plan for the South Atlantic Region: Essential Fish Habitat Requirements for Fishery Management Plans of the South Atlantic F sheiy Management Council. The Shrimp Fishery Management Plan, The Snapper Grouper Fishery management Plan, The Coastal Migratory Pelagics Fishery Management Plan, The Spiny Lobster Fishery Management Plan, Charleston, South Carolina: South Atlantic Fishery Management Council, 4.57p. plus Appendices and Amendments. http://www.safmc.net/resource- library/fishery-management-plans-amendments. Accessed: November 2016. Street, M.W., A.S. Deaton, W.S. Chappell, and P.D. Mooreside. 2005. North Carolina Coastal Habitat Protection Plan. North Carolina Department of Enviroriment ,and Natural Resources, Division of Marine Fisheries, Morehead City, North Carolina. 656 op. Moffatt & Nichol I Page 17 Essential Fish Habitat Assessment United States Army Corps of Engineers (USACE), Wilmington District. 1995a. Environmental Assessment Maintenance Dredging Wainwright Slough Waterway Connecting Pamlico Sound and Beaufort Harbor. Carteret County, North Carolina. USACE Wilmington District. 1995b. Finding of No Significant Impact (FONSI): "Maintenance Dredging, Wainwright Slough Waterway connecting Pamlico Sound and Beaufort Harbor." Carteret County, North Carolina. Moffatt & Nichol I Page 18 ATTACHMENT J: Biological Assessment of Federally Listed Protected Species Protected Species Evaluation Wainwright Slough, Carteret County, NC Introduction The purpose of this report is to identify the federally protected species found in the Carteret County area and to determine likely impacts to these species as a result of proposed actions to dredge Wainwright Slough with deposition of spoil material adjacent to Wainwright Island. Site Description Carteret County is in southeastern North Carolina within the Tidewater Region of the Atlantic Coastal Plain physiographic province. Topography in the area consists of nearly level and gently sloping land that drains primarily into Pamlico Sound, one of the largest estuaries in the United States. Wainwright Slough is approximately five miles northeast of the Cedar Island Ferry Landing in Carteret County. The channel connects Pamlico Sound and Beaufort Harbor, and Wainwright Slough serves as a conduit for passage of commercial and recreational anglers between Beaufort Harbor and Pamlico Sound. Proiect Description Carteret County intends to dredge approximately 30,500 cubic meters (40,000 cubic yards) of material from the federally authorized channel of Wainwright Slough, Ranges 2, 2A and 3, near Cedar Island, south Pamlico Sound (Figure 1; Map 1 Appendix). Dredged sediment will be placed adjacent to Wainwright Island. The project will restore navigation depths to the authorized channel for recreational boating and commercial fishing vessels. The channel will be dredged to -7 MLLW with an additional 0.6 meters (2 feet) of over depth tolerance, resulting in a maximum depth of disturbance down to -9 MLLW. The project maintains compliance with the federal authorization for the channel. The sediment placement will be used to help create nesting and foraging bird habitat by open placement of the material adjacent to Wainwright Island. Sediment placement will occur over a maximum footprint of 4.2 hectares (10.5 acres) up to an elevation matching the existing Wainwright Island. The slopes and grades of the material placement will be constructed to encourage nesting and foraging bird activities to the extent reasonable. Listed Species Carteret County, North Carolina Threatened and Endangered Species Common Name Scientific name Federal Status Record Status American alligator Alligator mississippiensis T (S/A) Current Green sea turtle Chelonia mydas T Current Hawksbill (=carey) sea turtle Eretmochelys imbricata E Historic Kemp's (=Atlantic) ridley sea turtle Leatherback sea turtle Loggerhead sea turtle Piping plover Lepidochelys kempii E Current Dermochelys coriacea E Current Caretta caretta T Current Charadrius melodus T Current 1 Red -cockaded woodpecker Red knot Roseate tern Shortnose sturgeon West Indian manatee Rough -leaved loosestrife Seabeach amaranth Definitions of Federal Status Codes: Picoides borealis E Current Calidris canutus rufa T Current Sterna dougallii dougallii T Current Acipenser brevirostrum E Current Trichechus manatus E Current Lysimachia asperulaefolia E Current Amaranthus pumilus T Current E = Endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = Threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." T(S/A) = threatened due to similarity of appearance https://www.fws.sov/raleigh/species/`cntylist/carteret html. Accessed December 6, 2016 Species Evaluation American alligator: The American alligator is a species endemic to the southeastern United States. Alligators inhabits freshwater wetlands, such as marshes and cypress swamps from Texas to North Carolina and are not found in the open ocean or in saltwater habitats. Status: The Wainwright Slough project area does not contain habitat suitable for this species. Sea Turtles: Sea turtles are migratory species found in open ocean environments. Listed species may be found along the North Carolina coast between May 1 and November 1. Several species may feed in the project area (especially green, Kemps and loggerheads) or migrate through the Sound, but the National Marine Fishery Service has determined that hydraulic pipeline dredges are unlikely to adversely affect sea turtles. Status: Sea turtle nesting habitat is confined to oceanfront beaches. Due to its estuarine location, Wainwright Island would not provide suitable nesting habitat for this species. Piping plover: The piping plover is a winter resident of the beaches of North Carolina while nesting further north. Birds usually return to the same areas for nesting every year. Nest sites are simple depressions or scrapes in the sand. Status: Due to its estuarine location, Wainwright Island does not provide suitable nesting or feeding habitat for this beach oriented species. Red -cockaded woodpecker: Red -cockaded woodpeckers live in groups and utilize large, live pine trees (usually long leaf pine) on uplands as nesting sites for their colonies. They forage in the adjacent pine woodlands. Status: The Wainwright Slough project area does not contain habitat suitable for this species. Red knot: Red knots migrate in large flocks northward through the contiguous United States mainly April -June and southward July -October. Nesting occurs further north and some locations (such as the Chesapeake Bay) provide critical feeding sites during migration. The preferred habitat for these shorebirds is primarily seacoasts on tidal flats and beaches, less frequently in marshes and flooded fields. Status: Although there is a remote possibility that red knots may pass through this area as part of their migratory pathway, the Wainwright Slough project area does not contain suitable nesting habitat nor feeding opportunities for this species. Roseate tern: The preferred habitat for the roseate tern is bay/sound, lagoon, river mouth/tidal river, and tidal flat/shore areas. This tern nests further north and migrates to and from the Caribbean and Central/South America. Status: This seabird may infrequently visit the project area on its migratory journey but is not known to nest here. Project activities should have no impact on roseate terns. Shortnose sturgeon: The shortnose sturgeon spawns in Georgia in February and in Connecticut in April/May. This species lives and reproduces in large freshwater rivers and prefers deep pools. They can migrate to and through nearshore saltwater environments. This species has been found in the Cape Fear Rive but no other populations are known within North Carolina. Status: It is highly unlikely that shortnose sturgeon would be found in the Wainwright Slough project area. These offshore environments do not provide suitable spawning habitat for the species. Even if sturgeon were migrating through the area, this species would not be affected by proposed activities due to its mobility. West Indian manatee: Manatees are generally found in warmer waters from Florida and the Gulf of Mexico to the Caribbean Sea. These herbivorous marine mammals generally prefer bay/sound, lagoon, river mouth/tidal river habitats that offer copious amounts of submerged aquatic vegetation for consumption. Georgia coastal areas are the usual northernmost limits of the manatee range due to an intolerance for cold water. However, individual sightings have been documented further north, including in North Carolina. Status: It is highly unlikely that manatees will be affected by this project. This species' normal range is further south and if an infrequent migrant does come through this portion of Pamlico Sound, there is insufficient feeding habitat to attract these marine mammals. Rough -leaved loosestrife: Rough -leaved loosestrife is an erect, herbaceous, rhizomatous perennial. This species occurs most often in shrub scrub wetlands especially in ecotones between longleaf pine uplands and pond pine pocosins in moist, sandy or peaty soils with low vegetation that allows for abundant sunlight to the herb layer. Status: The Wainwright Slough project area does not contain habitat suitable for this species. Seabeach amaranth: The seabeach amaranth is an annual plant found only on oceanfront or ocean inlet beaches. This species is intolerant of competition and prefers non -vegetated sites. Seabeach amaranth is found within scattered locations along the coast from South Carolina to New York. Status: The Wainwright Slough project are does not contain habitat suitable for this species. 3 Summary A determination has been made that the proposed project is not likely to adversely impact or affect any federally listed threatened or endangered species or their critical habitat. This determination has been based on a brief analysis of conditions and habitat potential in the project area compared with individual species' documented presence or absence, life requisites, and feeding or nesting requirements. 2 ATTACHMENT K — SHPO Letter North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Pat McCrory Office of Archives and History Secretary Susan Kluttz Deputy Secretary Kevin Cherry November 30, 2016 Jerry McCrain, Ph.D Moffatt & Nichol 4700 Falls of Neuse Road, Suite 300 Raleigh, NC 27609 Re: Dredge Wainwright Slough, Carteret County, ER 16-2174 Dear Dr. McCrain: Thank you for your letter of November 22, 2016, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review(ab,nc, dcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 2769911617 Telephone/Fax: (919) 807-6570/807-6599