20011202 Ver 2_401 Application_20080902

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DEPARTMENT OF THE ARMY r
WILMINGTON DISTRICT, CORPS OF ENGINEERS T

P. O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Environmental Resources Section
August 25, 2008
Ms. Cyndi Karoly
North Carolina Division of Water Quality
North Carolina Department of Environment
and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260
Dear Ms. Karoly:

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WEILAICS ANQ ST( CATER B A?+;;f?
Enclosed is a check in the amount of $240.00 and a Pre-Construction Notification
(PCN) Application for Water Quality Certification, pursuant to Section 401 of Public Law
95-217. Please amend the original (enclosed) certificate for Wanchese Marsh Creation
and Protection Project, Wanchese, Dare County NC Roanoke Sound/Broad Creek [03-
01-51, 30-21-7, SA HQW] for the General Water Quality Certificate 3256, to increase the
authorized fill area from 8.0 to 8.7 acres.
The existing certificate authorizes 8 acres of fill to construct the Wanchese Marsh
Creation Project. Work completed to date covers an 8-acre footprint. The final phase of
work will lower the north dike to open the site to tidal exchange. We propose that the
limestone rock (300 cubic yards) and armor stone (200 cubic yards) from the dike
lowering, be placed in 0.2 acres of open water outside of and adjacent to the
containment dike to supplement the oyster reef component of the project. An additional
500 bushels of shell cultch will also be placed on up to 0.5 acres of additional estuarine
bottom in the immediate project vicinity. Open water areas inside the containment
structure are deep mud and not suitable to support the reef materials.
We have provided your office with seven copies of the PCN application (i.e., 6
copies to Raleigh NCDWQ and one copy to Mr. Al Hodge, NCDWQ, Washington, North
Carolina). Should you have any questions concerning the application, please contact
Mr. Chuck Wilson, Environmental Resources Section, at [phone]), e-mail
Charles. R.Wilson(causace.army. mil.
Sincerely,
Philip M. Payonk
Chief, Environmental Resources Section
Enclosures
-2-
Copy furnished w/encl:
Mr. Al Hodge
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, North Carolina 27889
FAYN T
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 03-01-51, 30-21- 7, SA HQW
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit Isolated Wetland Permit from DWQ
X 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Revise DWQ GC No. 2356
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
1. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If yoLir project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check hheere: X
@MR_ n
II. Applicant Information U `'? ""-
,-.
S E p 9 2018
1. OwnevApplicant Information
Name: US Arm Corps of Engineers ---- ---,-_-- --- ____ _ DENh
Mailing Address: 69 Darlington Ave. PO Box 1890 vrr=TUaNDS
Wilmington NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Updated 11/1/2005
Page 1 of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
Name of project: Wanchese Marsh Creation and Protection Project, Wanchese, Dare County
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Dare Nearest Town: Wanchese _
Subdivision name (include phase/lot number):__
Directions to site (include road numbers/names, landmarks, etc.): Project site is located -in,
the Wanchese Industrial Park, north of the harbor entrance.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
UTM Meters Zone 19N X=444308.00 Y=3966512
5. Property size (acres): Existing Permit 8 ac. New work 0.7 acres. Total fill area is 8.7 acres.
7. Name of nearest receiving body of water: Roanoke Sound/Broad Creek
8. River Basin: Pasquotank
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mgps/.)
Updated 11/1/2005
Page 2 of 9
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: On site open water, adjacent component of an Ecosystem
Restoration Project, Vicinity - North Marina South Navigation Channel West Wanchese
Industrial Park, East, Disposal Island H
Describe the overall project in detail, including the type of equipment to be used: Lower the
North dike of the Wanchese Marsh Restoration Project with a backhoe or other appropriate
excavation equipment with placement of excess rock (300 cy limestone d- 200 Armor
stone on 0.2 acres of adjacent estuarine bottom) and shell or limestone cultch 200 cy on 0.5
acres estuarine bottom) for oyster reef establishment. Excavation of a small creek to improve
tidal exchange within the constructed marsh (completion of work within existing 8 acre
permit area).
10. Explain the purpose of the proposed work: Open existing restoration project to tidal
exchange and oyster reef establishment, a component of the authorized ecosystemrestoration
--- --- --- -
project.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. New work has been coordinated with interested agencies. NCDWR,
NCDMF, NCWRC, DCM, USFWS, & NOAA have concurred with the plan modifications (see
attached list). All proposed work is within the 9 acre footprint described in the EA/FONSI and
404 evaluation. The 401 only authorized the 8 acres of fill for containment and marsh
construction, that has already been placed. Revision of the 401 is requested_ to include an
additional 0.7 acres of stone and shell cultch for oyster reef construction is requested.
The existing restoration project included coordination with the NMFS and NCDMF in regard to
fish habitat beginning in 1996 and continuing throughout the NEPA and construction process.
FONSI and 404 (b) signed July 1 ,1999. The EA contained our finding that the project is not
likely to adversely affect any federally listed species. NMFS letter dated April 9 1999, USFWS
March 31, 1999, concurred with this finding CAMA consistency letter dated November 2 1999
and approval of the 401 Water Quality Certification DWQ Project 01-1202 letter dated
September 25, 2001.
Updated 11/1/2005
Page 3 of 9
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
None once this final 0.7 acre is completed the work will be be complete.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should he shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: Minor temporary turbidity during
construction, longs term aquatic ecosystem enhancement. No violations of State WQ standards
are anticipated since a floating silt curtain will be installed adjacent to the work area.
1. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both stnichire anti flondinu
Wetland Impact
Site Number
(indicate on map) Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

Total Wetland Impact (acres)
2. List the total acreage (estimated) of all existing wetlands on the property:
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
Updated 11/1/2005
Page 4 of 9
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreap-e, multit)ly length X width, then divide by 43,560.
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)

Total Stream Impact (by length and acreage)
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation. dredaine. floodiniz. drainage. bulkheads. etc.
Open Water Impact Name
Wate Type of Waterbody Area of
Site Number plicablle) e)
(if applicable) Type of Impact (lake' pand estuary' sound bay' Impact
(indicate on map) ocean, etc.) (acres)
I Roanoke Sound/Broad ROCK _
_ 0.2
2. Roanoke Sound/Broad OYSTER SHELL 0.5
TOTAL 0.7
Total Open Water Impact (acres)
5. List t
ne cumulattve impact to all waters of the u.z!,. resulting rrom the project
Stream Impact (acres): _
Wetland Impact (acres): _
_Open Water Impact (acres): 0.7 acres
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes X No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
7. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Updated 11/1/2005
Page 5 of 9
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
irrigation, aesthetic, trout pond,
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Work scheduled to proceed on
or after October 20, a period of lower biological productivity. Materials are stone and shell that
should not contribute significant turbidity. A floating silt curtain will be installed adjacent to the
dike lowering work area to reduce turbidity within the water column. Any activity inside the
dike will be contained on site.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
Updated 11/1/2005
Page 6 of 9
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The purpose of the project is to complete an ecosystem restoration project. No mitigation is
required.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.ncegp.net/pages/inlieurgplace.htin. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres): No mitigation required.
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes X No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes X No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes X No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
Updated 11/1/2005
Page 7 of 9
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No X
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* Impact Required
Zone , ... - Ir, Multiplier
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or .0260.
XL Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
No Stormwater will be generated by the proposed work.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
None, the proposed action is an ecosystem restoration project.
Updated 11/1/2005
Page 8 of 9
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application? Yes ? No X
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No X
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
ham://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
This work will complete the ecosystem project and no further work is proposed.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
The proposed project will not adversely impact any T&E species cultural resources fish and
wildlife resources (see enclosed EA/FONSI). No violation of State Water Quality Standards are
anticipated.
6,
W. Coleman l=ong
Chief, Planning and
Date
Updated 11/12005
Page 9 of 9
\G QG Michael F. Easley
Governor
William G. Ross, Jr., Secretary
`' Department of Environment and Natural Resources
f] T
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
September 25, 2001
DWQ Project Y 01-1202
Dare County
Department of the Army - Wilmington District, Corps of Engineers Page 1 of 2
Colonel James W. DeLony, District Engineer
C/o: Mr. Ben F. Wood, PE, Chief, Technical Services Division
PO Box 1890
Wilmington, NC 28402-1890
Re: Wanchese Marsh Creation and Protection Project, Wanchese, Dare County, NC
Roanoke Sound / Broad Creek [03-01-51, 30-21-7, SA HQW]
APPROVAL of 401 Water Quality Certification
Dear Sir,
You have our approval, in accordance with the attached conditions, to fill eight (8) acres of waters to construct the proposed
marsh creation and protection project as you described within your application dated August 7, 2001 and received by the Division of
Water Quality (DWQ) on August.9, 2001. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number 3256. This Certification allows you to use Nationwide Permit No. 27. In addition, you should
get any other required federal, state or local p-ermits before you go ahead with your project including (but not limited to) CAMA
Permit, Coastal Stormwater Permit, and Sediment and Erosion Control Permit if required. Also, this approval will expire when the
accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you
must notify us and you may be required to send us a new'
ew application. If the property is sold, the new owner must be given a copy of
this Certification and approval letter and is thereby responsible for complying with all conditions. For this approval to be valid, you
must follow the conditions listed in the DWQ General Certification No. 3256.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing. ,
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone Mr. John Dorney at 919-733-9646 or Ms. Deborah Sawyer at 252-946-6481.
Sincerely,
Attachment: GC 3256
Cc: Deborah Sawyer, DWQ Washington Regional Office .
File Copy
Central Files
DWQ 011202
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd„ Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), httpJ/h2o.enr.state.nc.us/ncwetlands/
?o
North Carolina
Department of Administration
` James B. Hunt, Jr., Governor Katie G. Dorsett, Secretary
R March 29, 1999
Mr. Chuck Wilson
Dept. of the Army
Wilmington District, Corps of Engineers
P.O. Box 1890
Wilmington NC 28402-1890
Dear Mr. Wilson:
Subject: Environmental Assessment - Proposed Restoration and Enhancement of the Marshes of
Roanoke Sound at Wanchese Harbor Adjacent to the Channel from Oregon Inlet, Dare
County
The N. C. State Clearinghouse has received the above project for intergovernmental review. This
project has been assigned State Application Number 99-E-0000-0604. Please use this number with
all inquiries or correspondence with this office.
4! Review of this project should be completed on or before 04/29/1999. Should you have any
rir
questions, please call [phone].
t
Sincerely,
Ms. Chrys Baggett
Environmental Policy Act Coordinator
116 West Jones Street * Raleigh, North Carolina 27603-8003 * Telephone [phone]
State Courier 51-01-00
n„ Fm,pii nnnortunin•/Affirmative Action Employer
FEB, -01' 00 ( V ° ``?_3 DEHNR C?,?T"L 19GN!,, TEL: 919 73,S 1495 y.
CAMA
Novamber 2, 1999
Colonel James W. Deiony
District Engineer.
U.S. Army Corps of Engineers
Wilmington District
P_O. Box 1690
Wilmington, NC 28402-16;0
REFERENCE: CD93-13 TONSI - Wanchese Marsh Creation Project,
Dare County, NC
Dear Colonel Delonx:
The State of North Carolina has completed its review pursuant
to 15 CFR 930 Subpart C - Consistency for Federal Activities, of
the subject document. The project consists of constructing a
protective dike and using dredged material to construct
approximately 8 acres of coastal wetlands rear Wanchese Harbor at
Roanoke Island. The project will involve placing fill material in
the Public Trust and _stuarine Waters ?areas of Environmental
Concern. Dredged material from the Wanchese Harbor entrance
channel will be deposited behind a sandbag retaining wall, graded,
and slanted to construct an intertidal watland. The project is
being funded under Section 204 of the Water Resources Development
A-ct-of 1552, -and-is being sponsored by the-North Carolina Division
of Water Resources.
Dased upon our review, we agree with the Corps' determination
that the proposed Wanchass ':Marsh Creation Project 1s Consistent
with the North Carolina Coastal Management Trogram, Provided the
following conditions are met-
1. A 401 Water Quality certification is be obtained from the
Division of Water Quality, and all conditions therein are mot.
ironh Carolina Depar=eni of Enwonmenl and moral Resources James B. Hunt Jr., Governor • T-ayne McDMtt, Secretary
Division of Coastal Mlnr<1Lemc^l . Donna D. NiobiR; Director
I -pk r,Imlino '771111-7h?% Phone [phone] - hltr:1/dcm2.enrstnle.nc.us
J
FEE. -00' 00 (TUE1,' X 24 DEHNR COSTAL MGMT 919 733 1495
Colonel James W. Delony
November 2, 1999
Page 2
P- ?
2. A Sedimentation and Erosion Control plan is submitted to and
approved by the Division -0f Land Resources. This plan must be
submitted at least 30 days prior to the initiation of land
disturbing activities.
3. Dredging and disposal will occur within the approved t-ime of
year windows for these activities in Wanchese Harbor. Work outside
of the windows will require advanced coordination and approval from
the appropriate state and federal agencies. Funding and or
contractor delays are not considered justification for working
during periods of peak biological activity-
The Division of Coastal Management continues to support the
efforts of the Beneficial Use of Dredged Material Work Group. We
appreciate the opportunity to work with the Corps and the Division
of Water'Resources on, the development of this project, and we are
hopeful for its success.
If you have any questions regarding our finding, conditions,
or comments, please contact Mr. Steve Benton or Ms. Caroline
Bellis, Division of Coastal Management, at [phone]. Thank
you for your consideration cf the North Carolina Coastal Management
Program.
Sincerely,
Donna D_ Moffitt
cc: Diane Copeland, Division of Coastal Management, Elizabeth City
Charles Jones, Asst. Director, Division of Coastal Management
Chuck Wilson, US Army Corps of Engineers, Wilmington District
John Dorney, Division of water Quality
Patrick McClain, Division of Land Resources
John Sutherland, Division of Water Resources
.., ? ?S?nTL4
State of North Carolina
Department of Environment-and Natural Resources
Washington Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
September 5, 2002
LETTER OF APPROVAL
U. S. Army Corps of Engineers, Wilmington District
ATTN: Mr. D. Wayne Bissette, PE, Chief, Engineering Branch
Post Office Box 1890
Wilmington, North Carolina 28402
RE: Erosion and Sedimentation Control Plan No. Dare -2003-001
Wanchese Marsh Creation Project
Wanchese Harbor - Dare County
River Basin: Pasquotank
Date Received: August 19, 2003
Responsible Party: U. S. Army Corps of Engineers, Wilmington Distract
Dear Sir:
This office has completed its review of the erosion and sedimentation control plan for the
referenced 9.0 acre disturbance. Based on the information provided, we have determined the
submitted plan for the construction of a riprap dike for dredge spoil containment, if properly
implemented and responsibly maintained, should meet the intent and minimum requirements of the
Act. We, therefore, issue this LETTER OF APPROVAL.
In 1973, the Sedimentation Pollution Control Act (copy available upon request) was enacted.
It established a performance oriented program with the OBJECTIVE of PREVENTING
SEDEv4ENT DAMAGE to adjoining properties and/or natural resources resulting from land
disturbing activities through the use of reasonable and appropriate Best Land Management Practices,
based on the approved plan and changing site conditions, during the course of the project. AS Tg-E
DECLARED RESPONSIBLE PARTY YOUR RESPONSIBILITY is to understand the Act and
comply with the following minimum requirements of the Act and the above listed modifications (if
any):
The following E-Mail message was circulated to these agencies representatives on
August 4 2008: [e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; John Sutherland; mike [e-mail];
[e-mail]; [e-mail]; ([e-mail]);
[e-mail]; tract'[e-mail]; Skaradek, William - Cape May, NJ;
'[e-mail]'; '[e-mail]'; 'Kyle. Barnes@ ncma il. net';
'[e-mail]'; '[e-mail]'; [e-mail];
[e-mail]; Mallindine, Jessica D SAW; Posey, Martin; [e-mail]
'[e-mail]'
This message provides a status report on the Wanchese Marsh Creation and Protection
Project. Marsh establishment has been successful with good spring growth after the fist
winter dormant season. We are finalizing plans for opening the site to increased tidal
exchange and to complete authorized oyster reef construction. I have attached the
Wanchese Marsh Creation and Protection Project Status Report and Plan for Project
Completion, dated June 2008, fully describing spring 2008 conditions and activities. It
also provides our plans to lower the North Dike with placement of excess rock and shell
cultch (as available) for oyster reef establishment and excavation of a small creek to
improve tidal exchange within the constructed marsh. The construction plan sheets and
the previous Wanchese Marsh 2007 Status Report are available at the following link:
ftp://ftp.usace.ann,y.mil/pub/saw/Wanchese%20Marsh/
We do not anticipate any significant impact from these actions; however, our intent is to
keep regulatory agencies fully informed of all project activities and details and request
your concurrence that existing clearances apply, so that we can begin the contracting
process in August 2008.
Coordination with the NMFS and NCDMF in regard to fish habitat has been thorough
and extensive beginning in 1996 and continuing throughout the NEPA and construction
process. The EA contained our finding that the project is not likely to adversely affect
any federally listed species and by letters dated April 9, 1999, NMFS and March 31,
1999, these agencies concurred with this finding. It is assumed that the CAMA
consistency letter dated November 2, 1999 and approval of the 401 Water Quality
Certification DWQ Project 01-1202 letter dated September 25, 2001 and other agency
approvals would still apply. All proposed work is within the 9 acre footprint described
in the EA / FONSI and 404b however, the 401 only authorized the 8 acres of fill for
containment and marsh construction that has already been placed. The stone from the
modified North dike (0.2 acres) and additional stone or shell (preferred if
available) cultch (0.5) acres will be placed adjacent to marsh within the 9 acre project
area as need to complete the 1 acre of oyster reef. The Wanchese Project oyster reef will
be similar to previous NCDMF oyster reef construction using stone and/or shell
cultch that are routinely covered by General Permit. This notification has also been
coordinated with our Washington, N.C. Regulatory Office. Since these are considered
details or minor modifications that do not increase the overall project scope, no additional
NEPA coordination beyond this notification is proposed, unless requested by regulatory
agencies.
The following responses were received
1. The NMFS has reviewed the plans for completion of the Wanchese Marsh
Creation and Restoration Project and concur with the work proposed plan to
complete this important collaborative project. We are pleased that this site
incorporates a beneficial use of dredged material component and after some
adjustments, further developed the technology and construction techniques for
this type of marsh restoration project. The Wanchese marsh will provide
important habitat for a variety of estuarine dependent fishery resources including
EFH for federally managed species. Ron Sechler,
NOAA, National Marine Fisheries Service
2. Looks great. Good work. We are OK with what is going on (no permit
modifications or additional coordination required). Just keep us informed as time
goes by. Mike Wicker USFWS
3. Our office concurs with the modifications you have described so long as there is
concurrence by NCDMF and NCWRC. Thank you for the opportunity to
comment. Frank Jennings NCDCM
4. The NC Division of Marine Fisheries approves of the project modifications. If
you have any questions please contact me. Sara Winslow NCDMF
5. I've reviewed the information regarding the modification of the current structures
at the Wanchese Marsh Restoration site and concur with the proposed changes in
design to accommodate completion of your project. Please know our agency
supports any recommendations requested by NCDMF. Thank you for the
opportunity to review and provide input on this project. Please continue to update
us as the project progresses to learn of its success or any necessary modifications
as they may occur. Maria T. Dunn North Carolina Wildlife Resources
Commission
6. We have reviewed your status report and plan for project completion, including
the drawings of the modifications that will be made. We approve and support
these proposed modifications. Please let us know if any additional state funds
will be required for this project. John Sutherland, NC Division of Water
Resources
7. If you have not already received a reply from LQ (Richard Peed), accept this as
our response. If more than an acre is to be disturbed then an erosion and
sedimentation control plan must be submitted to and approved by the LQS in the
Washington Regional Office Prior to initiating the project. Patrick H. McClain,
PE LQS
8. The disturbed area is approximately 0.2 acre and therefore should not require an
erosion/sediment control plan. William A. Dennis, PE Wilmington District
9. I've spoken with Kyle Barnes here in waro, I am mcmillan, and Cyndi Karoly in
the central office. We all agree that we need to amend the existing original 401
certification. The existing 401 is as I understand for 8.0 acres of surface water
impacts, the proposed plan would expand the impacts to 8.7 acres. Please prepare
a pen which should include a copy of the existing 401 as a modification request
for the amendment of this project thanks. AL Hodge NCDWQ
Wanchese Marsh Creation and Protection Project Status Report
June 2008
This is a status report on the Wanchese Marsh Creation and Protection Project. The
purpose is to describe current (spring 2008) site conditions and activities. This report
also provides our plans for the final construction phase that will open the site to full tidal
exchange. This report has been circulated to known interested agencies for review and
concurrence. The final construction phase is proposed for late summer or early fall 2008.
Introduction. The Wanchese Marsh Construction and Protection Project, North
Carolina, is a 12 acre ecosystem restoration/protection project. This project made
beneficial use of dredged material to construct wetlands and shallow water estuarine
habitat under the authority of Section 204 of the Water Resources Development Act of
1992, as amended. This project was recommended as a pilot site for wetland restoration
by the Beneficial Use of Dredged Material Work Group (an interagency committee of
State and Federal resource agencies) at a December 5, 1996, meeting hosted by the U.S.
Fish and Wildlife Service (USFWS). Individuals from the USFWS, National Marine
Fisheries, U.S. Army Corps of Engineers, North Carolina Division of Marine Fisheries
(NCDMF), North Carolina Division of Coastal Management, North Carolina Division of
Water Resources, North Carolina Wildlife Resources Commission, North Carolina
Division of Water Quality, and North Carolina Public Health, Pest Management, are
represented in this group.
Project Plan. The project includes construction of a brackish wind tide driven
(irregularly flooded) estuarine marsh/creek complex (8 acres) using dredged material,
placed within a protective stone dike, located immediately north of the Wanchese harbor
entrance. Adjacent waters and wetlands will be enhanced by construction of oyster reef
(1 acre) and chemical control of the noxious weed Phragmites and replanting with native
marsh vegetation (1 acre). This project will also protect additional wetlands (about 2
acres) previously threatened by erosion.
Clearances. Clearances include: (1) Section 240 Final Feasibility Report and Finding of
No Significant Impact, Wanchese Harbor Marsh Creation Project, NC signed July 1999,
(2) CAMA consistency letter dated November 2, 1999, (3) Approval of the 401 Water
Quality Certification DWQ Project 01-1202 letter dated September 25, 2001, (4)
Sediment Erosion Control Permit (No. Dare-2003-001) approval letter dated September
5, 2002, and (5) preconstruction and ongoing coordination with NMFS regarding EFH
and endangered species. Minor modifications during construction have been fully
coordinated with interested agencies. These modifications have not increased the overall
project scope and no additional NEPA coordination beyond notification and discussions
have been requested by regulatory agencies.
Project Status. The constructed marsh substrate and initial planting were completed in
2007. The project status at the end of the first growing season is described in the August
2007 Project Status Report (Attachment 1). Field inspection of the marsh construction
area during the spring of 2008 (Picture 1) generally found excellent resurgence of all
planted species after a first winter dormancy. Some minor goose damage was evident in
scattered areas especially on the ends of the sandy points located in the southwest
quadrant of the site (Picture 2) and limited plant retreat along the marsh fringe was
observed in some areas. Tracks and other sign indicate that muskrat or nutria may also be
present on the site and contributing to plant damage. The Emerald Forest (planting
contractor) installed replacement plants within the constructed marsh, conducted
herbicide treatments and initial planting in the Phragmites control area during May and
early June (See Table 1 for plant types and quantities). Three string and stake exclosures
were erected to provide short term protection from goose feeding (Picture 3). Portions of
the Phragmites control area, where 2007 herbicide treatments were effective, were
planted with 1,210, 2" Spartina cynosuroides plugs planted on 3' centers. Portions on the
site where 2007 herbicide treatments were ineffective were retreated with herbicide and
planting of Spartina patens was deferred until spring 2009.
Table 1: Wanchese Marsh Spring Planting 2008
# of
Species Common Name Elevation Plant Size Spacing Plants
2008 Replanting
Juncus roemerianus black needlerush 1.0-2.0 Quart pots 3' 15
black needlerush 1.0-2.0 2" plugs 2.5' 432
Spartina aiternifiora salt marsh cordgrass 0.0-1.0 Quart pots 3' 415
Spartina aiterniflora salt marsh cordgrass 1.0-1.5 2" Plugs 2.5' 938
giant cordgrass 1.5-2.0 2" plugs 2.5' 468
Saprtina patens salt meadow hay 2.0-2.5 2" plugs 2.5' 212
S u btota 1 2480
2008 Initial Planting
Spartina patens saltmeadow hay phrag control 2" plugs 3'
Spartina cynosuroides giant cordgrass phrag control 2" plugs 3' 1210
SuMote 1 1210
Total 3690
Final Construction Phase: Lowering of the North Dike, Oyster Reef Construction
and Clean Up. Plans for summer/fall 2008 lowering of the North dike are shown on
attachment 2 and 3. This final construction phase will also include; oyster reef
construction, general cleanup of the site (removal of old outfall structure, filter fabric and
storm debris) and Phragmites control as needed. The plan is to lower the elevation of
the North dike so that the top of the rocks are at or below the high water elevation
providing a submersed weir. Stones will be placed adjacent to and offshore of the
existing stone dike. This submersed weir design provides marsh protection from
Northeasters, while allowing good water exchange, containment of the dredged material
within the site, and an additional 0.2 of an acre available for oyster attachment substrate.
The existing stone dike provides about 0.3 acres of submersed rock. An additional 5,000
bushels of cultch (preferably oyster shells) will be added as needed to establish the
project specified, one acre oyster reef.
2
The details of this work are shown on Attachment 2 (plate P-1) and Attachment 3 (plate
P-2). The present northern dike is about 250 feet in length and has a crest width of 11.0
feet and a top elevation of +3.0 feet (NGVD29). The proposed modifications call for the
lowering of the dike crest to improve water exchange between the sound and the marsh
by forming a low-sill and circulation-channel sections along the dike. The first 50 linear
feet of the dike will remain intact serving as a stable tie-in anchoring the constructed
marsh to the existing shoreline. Beginning at the 50-foot mark, the dike will transition to
a low-sill section having a top elevation of +1.4 feet (approximate MHHW) and crest
width of 15 feet. This section will start at the 70-foot mark and continue for the next 150
linear feet. The low sill section will be formed by repositioning the stone of the existing
dike along the sound-side perimeter of the structure. The final section of the low sill will
consist of a single layer of granite armor stone (15 feet wide) over a base of marine
limestone with an overall width of about 45 feet (as shown on P-2). The armor layer will
be within the intertidal zone (approximate tidal range of 0.5 feet) and is positioned such
that the top of the rocks will be covered at normal high tide. Further, the single layer of
stone consists of about 40% void space facilitating water exchange at all but extreme low
water events. The final 20 linear feet of the dike will be modified to form a circulation
channel section which will be open to water passage at all times. The cross section of the
channel will be 20-feet wide at the bottom with an elevation of -1.0 feet. This section
will be constructed by spreading the existing stone to form the specified dimensions. The
final extent of the channel will cover about 55 feet as measured along the centerline of
the new channel (i.e. at right angles to the dike alignment).
In addition to the dike modifications, a new connecting creek will be excavated within
the containment dike. It will be located along the inside edge of the remaining portion of
the northern dike (see P-1). The new creek will provide for a meandering water
connection between an existing "moat" present along the western perimeter of the marsh
to the open water of the enclosed basin. This will replace the previous outlet that has
shoaled and is not expected to be naturally sustainable in the original location. The creek
will be excavated through an area that served as a former stock pile during the prior
construction phase. To the degree practical marsh grasses within the creek template will
be relocated within the marsh restoration area prior to excavation. The excavated
sediments will consist primarily of a mix of sand, silts and pieces of marine limestone
bedding material. This material will be placed and graded between the new creek edge
and the remaining north dike to a maximum top elevation equal to that of the north dike.
All excavated materials and turbidity associated with construction will be contained
within the existing dike enclosure. The new creek will be about 75 feet long, 15 feet
wide, with a maximum bottom elevation of -1.5 feet.
Final phase of this construction will consist of general site clean-up of the project area.
This will include the removal and offsite disposal of all exposed geo-textile fabric. This
fabric was originally placed along the inside of the stone dike when it served as a dredged
material containment area during the first phase of construction. This fabric is in various
stages of deterioration and is no longer needed for the proper function of the project.
Likewise, a spillway located over the north dike will also be removed. This consists of a
36-in diameter concrete pipe with supporting timber frames, a corrugated steel spillway
riser and timber platform. Other manmade and natural debris which has collected within
the site will also be removed as part of the final clean-up.
Picture 1: Wanchese Marsh, June 2, 2008
Picture 2: Goose damage

Picture 3: Temporary goose exclosures to protect replacement plants

4
Attachment 1
Wanchese Status Report, August 2007
ATTACHMENT 2. Plans for proposed lowering of the north dike
1. Plate P-1
2. Plate P-2
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