19930162 Ver 1_COMPLETE FILE_19930813

State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, , Secretary
p F= H N F1
A. Preston Howard, Jr., RE., Director
September 16, 1993
George L. Cajigal
Colonel, Corps of Engineers
Department of the Army
Wilmington District
P.O. Box 1890
Wilmington, NC 28402-1890
Dear Colonel Cajigal:
Subject: 401 Water Quality Certification for the proposed
dredging between Islands M and N
Old House Channel
DEM Project # 93162
Dare County
The purpose of this letter is to clarify condition 2 of
Water Quality Certification # 2838 issued for the subject
activity on 19 August 1993. Part (c) of condition 2 requires the
planting of SAV beds behind the new dredge disposal island IF
SAV's do not naturally vegetate the area within 5 years of
construction of the island. Based on the information submitted
in your application the Division expects the SAV's to naturally
occur. However, if for reasons other than natural phenomena,
such as hurricanes, the SAV's do not vegetate the area as
expected the COE will be responsible for planting 4 acres of
SAV's at locations acceptable to the Division.
The 4 acre requirement is based on the need to mitigate the
loss of 12 acres of open water habitat on a 1:1 acreage basis
(7.92 acres of shellfish beds plus 4 acres of SAV's). If part
(b) of condition 2 is implemented then part (c) will become null
and void.
If you have any questions concerning this matter please
contact Mr. Ron Ferrell at 919-733-1786.
r-y
Silcerel
l
John- R. Dorney
Wetlands and Tech?aical Review Group
cc: Deborah Sawyer, WaRO
ref-7/islndmn.let
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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SUBJECT:
DEPARTMENT OF THE ARMY ?3
WILMINGTON DISTRICT, CORPS OF ENGINEERS
rw;4TER J?.
P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 OU>'
I ?d µ.,
December 20, 1993
IN HL'LY HEFLH I U
Planning Division
SUBJECT: DCM93-16, Construction of Sandbag Dredge Material Disposal
Island, Old House Channel, Dare County, North Carolina
Mr. Roger Schecter, Director
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Schecter:
Construction of the sandbag dike for the new disposal island along
Old House Channel, Manteo (Shallowbag) Bay project, Dare County, North
Carolina, was initiated in October 1993. However, construction was
postponed in November due to high wind tides and low water temperatures
in the sound that made it difficult for construction workers to spend the
amount of time needed in the water to fill the sandbags. Normal winter
conditions plus 2- to 3-foot wind tides raised water levels approximately
3 feet above safe depths. Further, the hard sand bottom in the project
area made it difficult to fill individual sandbags within the time
estimated to complete construction.
In order to address the above problems, we request that we be allowed
to modify project construction to include pumping predominantly medium to
fine grain sand from routine maintenance dredging of Old House Channel
into the center of the 12-acre site designated for the sandbag island
(see enclosure). The dredged material will be retained within the
designated site by installing a floating boom/skirt system that will
encircle the discharge area. The floating boom/skirt system will be
anchored in place around the discharge pipe and will remain in place
throughout construction. Vertically, the skirt will extend the depth
of the water at high tide and will rest freely on the bottom. The
predominately medium to fine grain sand is expected to settle in place
around the discharge point with little silt or clay being dispersed
in the water column. Approximately 75,000 cubic yards of maintenance
dredged material will be discharged and retained within the floating
boom/skirt system. The footprint of the 12-acre site will not change
since the quantity of material is expected to cover less than 12 acres
within the center of the site.
The hydraulically pumped dredged material that will be pumped into
the boom/skirt system will be used to fill individual sandbags for the
retaining dike. This material will not be as compacted as the natural
-2-
sand bottom and is expected to help reduce construction time. Completion
of the sandbag island using this approach would occur this spring (March-
April) if FY 94 funds are available to maintain Old House Channel. If
FY 94 funds are not available for routine maintenance, then the project
would be completed during the first quarter of FY 95.
The State concurred with the District's Consistency Determination for
the construction of the sandbag disposal island on August 27, 1993. The
above modification would not violate State Coastal Management guidelines
for open water disposal since dredged material will be retained within
the floating boom/skirt system. Therefore, based on the use of the
floating boom/skirt system to retain the material onsite and the fact
that the size of the approved site will not change, we have determined
the project, with the above modification, is still consistent with the
North Carolina Coastal Management Program.
The modification is not expected to violate State water quality
standards in Water Quality Certification No. 93162, issued on August 19,
1993, for construction of the sandbag island. Turbidity levels outside
of the area of construction and the potential for a turbidity plume
extending from the area of construction would be minimized with
installation of the floating boom/skirt system.
Should you have any questions concerning the above project
modification, please contact Mr. Daniel Small at [phone].
Sincerely,
Lawrence W. Saunders
Chief, Planning Division
Enclosure
Copies Furnished (with enclosure):
'/Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
-3-
Ms. Debra Sawyer
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
Washington Regional Office
1424 Carolina Avenue
Washington, North Carolina 27889
Mr. Steve Benton
Division of Coastal Management
North Carolina.Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Preston Pate
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post office Box 769
Morehead City, North Carolina 28557
Mr. David Griffin
Division of Coastal Management
Elizabeth City Field Office
North Carolina Department of Environment,
Health, and Natural Resources
Route 6, Box 203
Elizabeth City, North Carolina 27909
Mr. Harrel Johnson
Division of Marine Fisheries
Elizabeth City Field Office
North Carolina Department of Environment,
Health, and Natural Resources
Route 6, Box 203
Elizabeth City, North Carolina 27909
F
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State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Training and Certification Unit
Wetlands and Technical Review Group
FAX # [phone]
TELECOPY TO:
vc?Q,t,U
FAX NUMBER:
FROM: PHONE: (1q 33 D6
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN R£PtY REFER TO May 20, 1993
Planning Division
Mr. Steve Benton
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611--7687
Dear Mr. Benton:
In regard to your conversation on April 27, 1993, with
Mr. Daniel Small of my Environmental Resources Branch, the
U.S. Army Corps of Engineers, Wilmington District, is furnishing
the enclosed report for State review on the proposal to construct
and use a sandbag dredged material disposal island adjacent to
Old House Channel, Manteo (Shaliowbag) Bay Project, Dare County,
North Carolina.
This information is being provided in order to clarify any
concerns regarding the need for the second sandbag island and
to document the need for locating the island on the east side
of Old House Channel instead of the west side as originally
proposed.
Construction of the second sandbag island is scheduled for
July or August of this year. Please send us any comments by
June 11, 1993, so that we will be able to meet the proposed
construction schedule.
Should you have any questions concerning the above, please
contact Mr. Small at [phone]
Sincerely,
Walter S. Tulloch
Colonel, Corps of Engineers
District Engineer
Enclosure
-, r ???p r r I! -C?_
V.
MANTEO (SHALLOWBAG) BAY PROJECT
Manteo/Oregon Inlet-Old House Channel Disposal Islands
Disposal 1977 1990 1977 -1990
Island Acreage Acreage Change (+/-)
"B" 23.0 acres 11.5 acres -11.5 acres
"C" 60.3 acres 65.0 acres +04.7 acres
"D" 31.1 acres 49.8 acres +18.7 acres
"F" 43.9 acres 31.0 acres -12.9 acres
"G" 16.3 acres 14.6 acres -01.7 acres
"H" 18.1 acres 18.0 acres -00.1 acres
"L" 19.9 acres 57.4 acres +37.5 acres
"M & N" 41.4 acres 58.5 acres +17.1 acres
"Wells 1st." 00.0 acres 19.9 acres +19.9 acres
"Sandshoal" 00.0 acres 19.0 acres +19.0 acres
Net Total = +90.7 acres
Note:
1) Islands " A," "E," "1," and "J" have not been used since prior to 1977.
2) Island "K" has disappeared since 1977.
3) Islands "M" and "N" have merged since 1977.
4) Islands were planimetered using November 1977 aerial photography
and April 1990 aerial photography.
Attachment I
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Ifff'PROPOSED DISPOSAL
a ISLAND (1993)
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DIKED UNDERWATER
SyY DISPOSAL AREAS
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t"IN CAROLINA
DIKED UNDERWATER
DISPOSAL (SLANDS
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ISLAND CONSTRUCTED SCALE IN FEET
IN 1968 (NC-DR-006-35) 28 JANUARY 1993
Figure 1

The District has done a preliminary assessment of the total number of
acres of estaurine bottom raised from maintenance dredging since 1977 as a
result of the use of dredged material disposal islands along Old House Channel
and Oregon Inlet Channel. Attachment 1 shows the total number of acres of
estaurine bottom raised per island since 1977, based on planimetering work
done by the District using aerial photography taken in 1990. Through a
previous agreement with the State, only those acreages of estaurine bottom
raised as a result of disposal of maintenance dredged material on these
islands since 1977 will require mitigation. The acreages raised by the first
sandbag island in 1988 (Wells Island) is shown on attachment 1. The acreages
raised by the construction of the second sandbag island this summer will be
included in the overall number of acres of estaurine bottom shown on
attachment 1. Currently, the North Carolina Division of Marine Fisheries,
Shellfish Rehabilitation Program, is implementing the mitgation plan for the
recent expansion work associated with Island H. Construction of the oyster
reefs near Wanchese should be completed by the end of this year. At this
time, we recommend that this work be completed prior to any further mitigation
work in order that any experiences learned can be incorporated in future
plans.
T -T ?-r 111d
1i?i 1
the dredged material disposal plan for the Manteo (Shallowbag) Bay project
was approved prior to passage of the Clean Water Act (December 7, 1977). A
Section 401 Water Quality certification was requested from the North Carolina
Division of Environmental Management on February 5, 1993, to cover construc-
tion of the sandbag retention dike. A Public Notice describing the proposed
project will be prepared and circulated to Federal and State agencies and the
interested public prior to construction.
C. Alternatives. Dredged material disposal islands along Oregon
Inlet-Old House Channel are managed for colonially nesting waterbirds.
Material is scheduled for placement on the islands when feasible in order
to provide suitable habitat for pioneering bird species (i.e., birds pre-
ferring mounded bare sand with little if any vegetation). Dredged material
from maintenance dredging of Old House Channel is routinely placed on Islands
L (006-02) and MN. Elevations on these islands have reached a point where
wind borne sand is becoming a major problem for habitat management. For
bird management purposes, normal elevation of these islands should not
exceed 15 feet in height, since the higher the islands project upward into
the coastal winds the greater the likelihood of nesting failure due to nest
covering by shifting winds. Islands I and MN have already reached elevations
close to 15 feet.
Disposal islands along the channel are expanding into the surrounding
sound at a rapid rate along the nonchannel sides due to sand migration off of
the island. Any increases in the size of the islands enhances the likelihood
that predatory mammals can be sustained and become permanently established.
Placing additional sand on the islands would only exacerbate the problems
currently being experienced.
The feasibility of pumping maintenance dredged material to other dredged
material disposal islands along Oregon Inlet-Old House Channel has been
investigated as a possible alternative to construction of the sandbag island.
The District has agreed not to dispose on Island MN unless prior approval has
been obtained, because the island serves as a nesting area for brown pelicans.
Operational constraints due to the pumping distance to Island L which is the
nearest disposal island to the section of channel to be dredged (3-4 miles
maximum) limits the feasibility of this being a long-term management option
for the disposal of dredged material from the channel.
D. Mitigation Plan. Construction of the second sandbag island is part of
the operation and maintenance plan of the existing Manteo (Shallowbag) Bay
project. The sandbag retention dike will cover approximately 12 acres of
estuarine bottom in Pamlico Sound. The raising of estuarine bottom and any
associated mitigation is done in accordance with the U.S. Fish and Wildlife
Service Mitigation and Enhancement Plan dated August 21, 1980, for the Manteo
(Shallowbag) Bay project. The mitigation plan for the expansion and
maintenance of the Manteo (Shallowbag) Bay project requires that 0.66 acres
of oyster reefs be constructed for every acre of estuarine bottom raised above
mean high water. Funding of any mitigation is a Federal responsibility. Site
selection, construction, and maintenance of oyster reefs will be done through
a Memorandum of Agreement between the U.S. Army Corps of Engineers, Wilmington
District, and the North Carolina Division of Marine Fisheries, Shellfish
Rehabilitation Program.

ALTERNATIVES ANALYIS
CONSTRUCTION OF SANDBAG DISPOSAL ISLAND
OLD HOUSE CHANNEL, DARE COUNTY, NORTH CAROLINA
A. Project Description. The sandbag retention island will be located
approximately 1.5 miles from the junction of Old House Channel and Oregon
Inlet Channel (figure 1). Construction of the sandbag dredged material
disposal island is needed in order to accommodate disposal of dredged material
from maintenance dredging of Old House Channel between Island MN (006-08) to
the north and the sandbag disposal island (Wells Island - 006-35) located
approximately 2.0 miles south of the junction. Wells Island was constructed
in 1988.
Construction of the 12-acre sandbag retention dike is scheduled for
the summer of 1993 and is expected to take approximately 1 to 2 months to
construct. The project is being coordinated with the National Marine
Fisheries Service, Beaufort Marine Laboratory, to further document whether
submerged grassbeds are in the area. Based on initial review of aerial
photography, there appears to be no submerged grassbeds located within the
general area of the proposed construction site.
Once the sandbag retention dike is constructed, dredged material from
maintenance dredging of Old House Channel will be placed within the confines
of the dike to construct the island. Dredged material from routine mainte-
nance dredging will be placed on the island using the control of effluent
method of disposal (i.e., allowing the effluent to flow back toward the
channel being dredged).
A hydrographic survey in the area of construction, dated November 1992,
shows that water depth is approximately 2 to 3 feet mean low water (m.l.w.)
on the east side of the channel. Depths on the west side of the channel
range from 7 to 10 feet m.l.w. Therefore, the sandbag retention dike will
be constructed on the east side instead of the west side of Old House Channel
as described in the Final Environmental Impact Statement. The site is remote.
A copy of the hydrographic survey is available upon request.
Approximately 4,000 cubic yards of predominantly fine to medium sand will
be excavated from the bottom in the vicinity of the construction site for the
filling of the nylon sandbags. The sand source is free from toxic material.
B. Environmental Documentation. The use of sandbag dredged material
disposal islands along Old House Channel is described in the Final
Environmental Impact Statement and the Final Supplement to the Environmental
Impact Statement for Manteo (Shallowbag) Bay Project, Dare County, North
Carolina, filed with the U.S. Environmental Protection Agency on April 29,
1979, and November 7, 1980, respectively. State Consistency concurrence
was received on September 19, 1980, for the Manteo (Shallowbag) Bay project,
which includes Old House Channel. A Section 404(b)(1) Evaluation (Public Law
95-217), dated December 12, 1977, was prepared for underwater sand filled bag
retention works associated with construction of disposal islands along Old
House Channel. Use of sandbag dredged material disposal islands as part of

-2-
Copies Furnished (with enclosure):
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. Debra Sawyer
Washington Regional Office
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
1424 Carolina Avenue
Washington, North Carolina 27889
Mr. Randall C. Wilson
Nongame Section Manager
Division of Wildlife Management
North Carolina Department of Environment,
Health, and Natural Resources
512 North Salisbury Street
Raleigh, North Carolina 27611
Mr. Tom Henson
Wildlife Resources Commission
North Carolina Department of Environment,
Health, and Natural Resources
Route 1, Box 274B
Chocowinity, North Carolina 27817
CESAW-PD--E/Small/cs/4730
CESAW-PD-E/Long
CESAW-PD/Saunders
CESAW-CO-N/Forcinit
CESAW-CO/Sra&
CESAW-DX/Burch
CESAW-DP/Shuford
CESAW-DD/MAJ Bowling
CESAW-DE/COL Tulloch/s/
Mail
CESAW-PD Files
File: 1063pnds/dssandbagis]

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REMARKS
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DA FOPW 391841. AW f1 19 0@WXE7E

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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
August 19, 1993
Col. Walter Tulloch
Corps. of Engineers
Dept. of the Army
Wilmington District,-"
P.O. Box 1890
Wilmington, N.C. 28402-1890
Dear Col. Tulloch:
A"la
ID FE F1
READER FILE
Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed Maintenance dredging between Islands M & N
Project # 93162
Dare County
Attached hereto is a copy of Certification No. 2838 issued to U.S. Army Corps of
Engineers-Wilmington District dated August 19, 1993.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
???
reston Howard, Jr E.
irector
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
John Parker, Division of Coastal Management
Central Files
Mr. Dan Small, Environmental Resources Branch
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Fmployer 51 recycled! 1(7Y, post-consumer paper

NORTH CAROLINA
Dare County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to U.S. Army Corps of Engineers-Wilmington District in Dare County pursuant to an application
filed on the 24th day of February,1993 to dispose of sand dredged material adjacent of Old
House Channel, Manteo (Shallowbag Bay) Project.
The Application provides adequate assurance that the discharge of fill material into the
waters of Pamlico Sound in conjunction with the proposed construction of a spoil disposal
island adjacent to Old Houses Channel in Dare County will not result in a violation of
applicable Water Quality Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL
92-500 and PL 95-217 if conducted in accordance with the application and conditions
hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as to prevent
significant increase in turbidity outside the area of construction or
construction related discharge (increases such that the turbidity
in the water is 25 NTU's or less are not considered significant).
2. Mitigation for the 12 acres of water fill shall be as follows:
a.) construction of oyster reefs (0.66 acres per acre of fill) for a
total of 7.92 acres of oyster reefs.
b.) If oyster reefs cannot be built within 5 years of the date of this
Certification due to the oyster relay program being placed on
hold from disease concerns, then the Corps shall plant 12 acres
of submerged aquatic vegetation (SAV's) in suitable sites agreed
upon in writing by DEM in consultation with other agencies.
C.) If SAV beds do not develop behind the new island within 5 years,
then SAV beds shall be planted following a plan agreed upon in
writing by DEM in consultation with other agencies.
Violations of any condition herein set forth shall result in revocation of this Certification.
This Certification shall become null and void unless the above conditions are made conditions
of the Federal or Coastal Area Management Act Permit
If this Certification is unacceptable to you, you have the right to an adjudicatory
hearing upon written request within thirty (30) days following receipt of this Certification. This
request must be in the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447. Unless such demands are made, this Certification shall be
final and binding.
This the 19th day of August, 1993.
DIVISION OF ENVIRONMENTAL MANAGEMENT
eston Howard, Jr. : .
erector
WQC# 2838
MEMO
DATE:
TO:

SUBJECT:
A'A
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419- ??- y?`+?
From:
M^STkit Q.`
North Department f Environment,
Carolina Health, and Natural Resources Printed on Recycled Paper
"ttitsk W?ra ??\?

To: John Dorney
Planning Branch
Q
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DIVISION OF ENVIRONMENTAL MANAGEMENT WETLA 4DS GROUT
CAMA/COB PERMIT APPLICATION REVIEW WATER QUALITY SEf,TION
WaRO PROJECT # q ! 3 WQ SUPERVISOR: THORPB
REVIEWER: SAWYER DATE:( ?/
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING n
PERMIT YR: 92 PERMIT 0.•n /? n COUNTY: ,lSLcwO
joc
PROJECT NAME : USA (f Oc?`'P
PROJECT TYPE: Sp -P PERMIT TYPE: 4°4-[" E
COE #: DOT #:
RCD FROM CDA: DATE FROM CDA: G - 9s
REG OFFICE: WaRO RIVER AND,SUQ,,BASIN 'D, S
STREAM OR JACENT WATER BODY:
c S: { STREAM INDEX 3d - ?Z-
OPEN-JOR CLOSED:
IMPACT: WL TYPE:
WL REQUESTED: WL ACR EST:
HYDRO CNECT?: WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE: RATING SHEET ATTACHED?
RECOMMENDATION: ISSUE ISSUE/COND DENY HOLD ,/°?? pQp
c 0 ...
STORMWATER PLAN REQ'D: ? IF YES, DATE A PROV :
PROJECT DESCRIPTION: V A? A,,..
61A?
o--P-?-
WATER QUALITY CERT. (401
CERT. REQ' D : )/
IF YES, TYPE : '-J:---dam
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: /i IT
(EXISTING, PROPOSED, SEPTIC TANK ETC.)
TO BE PERMITTED BY:
(DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL
AREA OF FILL: WATER: Io? QG. WETLAND:
IS FILL ELIMINATING A SIGNIFICANT USE? ,
DREDGING
AREA TO BE DREDGED: /?I
IS DREDGING ACTIVITY EXPECTED
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY
MARINA
ARE THE FOLLOWING ADEQUATELY
SEWAGE DISPOSAL:
OXYGEN IN BASIN:
TO CAUSE A SIGNIFICANT LOSS OF
ADDRESSED? 7q-
MARINA 7"
MARINA SERVICES:
CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files; DCM Field Offices; COE Washington Office
11
DIVISION OF ENV RONMENTAL MANAGEMENT
MEMORANDUM
TO: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
FROM: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
SUBJECT: Dredge and Fill Reviews for Stormwater Review
Project: /J <A
Project No.:
Date Received: A
r'"n4` t Date Comment :
Description of Project:
Comments:

I$-
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0 that
Wan-
to the
dfica-
2H .0600 and 16A NCAC 29 .0109. The
a0in for which the csrttflcstbn Is sought
N ro assts a new dredge disposal bland
about 12 miss from the junction of Old
House Channel and Oregon Inlet Channel,
In PaNloo Sound In Dare County.
The public Is invited to comment on the
above mentioned application to the Divi-
Non of Environmental Management. Com-
ments- shall be In writing and shag be
neehted t>y tlw DNision rno later than Au.
pug 11,1 93. Comments should be sent
fo N.CDsion of Environmental Manage-
ment later Quality Planning, Post Office
Box 29636, Raleigh, North Carolina 27626-
0636, Attention: John Domey. A copy of
the application Is on file at the Division of-
fice at 1424 Carolina Avenue, Washington,
NnAh . (`-Jln 97AAa M/aaN-f-
d may M Insppeecctted by the public.
JOHN R. DORNEY
for A. Preston Howard Jr.
Director
N.C. Division of
hvlronmental Management
7.13c.
NORTH CAROLINA
DARE COUNTY.
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of said County
and State, duly commissioned, qualified, and authorized
by law minister oaths, personall ppeared
. .......... ..... ?r....
.. 07?......
? ................................ who being
first duly sworn, deposes and says: that he (she) is of The
Times Printing Co., Inc., engaged in the publication of a
newspaper known as THE COASTLAND TIMES, pub-
lished, issued, and entered as second class mail in the Town
of Manteo, in said County and State; that he is authorized to
make this affidavit and sworn statement; that the notice or
other legal advertisement, a true copy of which is attached
hereto, was published in THE COASTLAND TIMES on the
following dat
.................. 13 .......3................
.........................................................
and that the said newspaper in which said notice, paper,
document, or legal advertisement was published was, at
the time of each and every such publication, a newspaper
meeting all of the requirements and qualifications of Sec-
tions 1-596 and 1-597 of the General Statutes of North Caro-
lina and was a qualified newspaper within the meaning of
Section 1-597 of th General Statutes of North Carolina.
This ... lay of .?G.'?.%:,1
................
Sworn to and subscribed to efo a me, this .. t O . .
day of ..... . 0 .................19..1 J
Notary Public
My Commission expires:. 9 r ..1.2.E . ?.?.?.. .
1 41.

P. O. Drawer 400
501 Budleigh Street
MANTEO, N. C. 27954
[phone]
P. O. Drawer 809
KILL DEVIL HILLS, N. C. 27948
[phone]
TOTAL.. EI1.)E: - 131.9. 50
NC 1:I1V/ E.NV7 R0Nr1E Il I Al... NG NT
4)ATE:R L?UAL.I:TY 5E::I;T1A')N
ATTH: [10RNEY, BOX 29..;"-:!*-'
RAL.El GH NC 2626
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C7:alnpfari;
?MMEl? C/A L
THE COASTLAND TIMES
he Walter Raleigh Coastland"
ACCOUNT CLIENT
xN001,1L00 - 00000
PLEASE RETURN TOP PORTION OF STATEMENT WITH REMITTANCE
through J 1.) L.. J. ' 9
STATEMENT DATE
A U G) 01. `' 9 :"t
xx PRIOR BALANCE
7/1. :/S`_; ARVIY CE)RPS-WATER DUAL..1:TY CERT. LE 001)c5218 1. X ""1:
x x. TOTAL.. AMOUNT DUE:
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AC Agency (Classifiedl oU Olfice Furn.. Equip. and CODES °
periodic rate of 1.5/° per month, which is an ANNUAL
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P LLINES
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GR Group CG CopyandGraphic Se-ces
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t CH Church We Wholesale Books
payments and credits made during the current billing
RS Resoner PH Postage and Handling IINCHES eriod
w Inserts MS Miscellaneous p
. _
NEW FACILITIES AT 1500 N. CROATAN HIGHWAY, KILL DEVIL HILLS
NTING COMPANY I (Landing Drive and Route 158)
Publishers:
"Journal of t
Established 1935
PRINTERS and PUBLISHER
OFFI
CE SUPPLIERS,
FURN
ITURE, EQUIPMENT
MACHINES and FIXTURES
AMOUNT PA
•.0
6.00 19..`_51

ACCOUNT NO.
1.1004:i00
PRESENT
30 DAYS
60 DAYS
90 DAYS
120 DAYS
-• 000
1.9
VIES PRI nc.
>. Drawer 400, Manteo, N. C. 27954 -Telephone [phone]
, 1 S! cr(
0 Drawer 809, Kill Devil Hills N C 27948 Telephone [phone]

P. O. Drawer 400
501 Budleigh Street
MANTEO, N. C. 27954
[phone]
P. O. Drawer 809
KILL DEVIL HILLS, N. C. 27948
[phone]
T 0 T A I El[.IE - 9i1.9.`i0
I,IC 1:I:[V/E:r,]Y]:R(:)tIrIE:1,11'Ai. rlGNT
WATER [WAL.I:TY SE::CT'10N
ATTH: LiORNE::Y, B(:)X 29!..'.i::;`_1
RAI...E:1:G1-1 hIC 27626
? of
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COMMEf2C/AL
Publishers: THE COASTLAND TIMES
"Journal of the Walter Raleigh Coastland"
PLEASE RETURN TOP PORTION OF STATEMENT WITH REMITTANCE
Established 1935
PRINTERS and PUBLISHER
OFFICE SUPP!_IERS,
FURNITURE, EQUIPMENT
MACHINES and FIXTURES
ACCOUNT CLIENT
x•N0074•`_i00 -• 00000
through u) U L.. 1. 9
STATEMENT DATE
A L11:) 01
xx PR7DR BAI_.ANCE
7/1.c•/51:3 AhrIY 1;C)RP6-•4JAT'E:h PUAL..I:TY CERT. LE UOE3:r9:'.>3 1. X .2`:,]:
x•x TOTAI ArIOUNT DUE.
Go General Display OS Olhce Supplies PAYMENT STATEMENT
co Classified Display OF 0111ce Furniture and Equip AD SIZE
LATE PAYMENT CHARGE is determined by applying a
AG A ency General)
1 g (
AC Agency (Classified) OM
Ou olfice Machines
Office Furn.. Equip. and
CODES °
periodic rate of 1.5/o per month, which is an ANNUAL
LE Legal Mach. - Used PERCENTAGE RATE OF 18%, to the balance subject
RC Regular Classihen
j GR G PR
CG Commerical "non g
i
n'
s
S
C
G L LINES
to LATE PAYMENT CHARGE. The balance subject to
roup
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opy and
raph
Books and Charts W WORDS LATE PAYMENT CHARGE is the previous balance less
I CH Church WB Wholesale Books ments and credits made during the current billing
a
RS Resorter PH
MS Poslage and Handling
Mi
ll 11NCHES p
y
period
IN Inserts sce
aneous . _
AMOUNT PA
`.ATE AMOUN
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6.00 1.9.51
1.9 ., ..51
ACCOUNT NO.
N (J wl t°i O 0 - ()() O I
PRESENT 1 9 !5,
30 DAYS
60 DAYS
90 DAYS
NEW FACILITIES AT 1500 N. CROATAN HIGHWAY, KILL DEVIL HILLS 120 DAYS
VIES PRINTING COMPANY, Inc. (Landing Drive and Route 158)
>. Drawer 400, Manteo, N. C. 27954 - Telephone [phone]. S
). Drawer 809, Kill Devil Hills, N. C. 27948 - Telephone [phone]

P. O. Drawer 400
501 Budleigh Street
MANTEO, N. C. 27954
[phone]
P. O. Drawer 809
KILL DEVIL HILLS, N. C. 27948
[phone]
'TOTAL.. III.IE: - $1.9. 0
?, ?lli? o
YI?I7t?I1 ? ?y _', f I1) fwa
f ?.
?OMMEF2 C/A L
Publishers: 774E COA.STLAND TIMES
"Journal of the Walter Raleigh Coastland"
Established 1935
PRINTERS and PUBLISHER
OFFICE SUPPLIERS,
FURNITURE, EQUIPMENT
MACHINES and FIXTURES
ACCOUNT CLIENT
*I`-ID04`;()() -- 00000
NC l'ilV/E:hIV)*R(:)F•IhlEl,ll'AI... ITIC•N'i
WATER OL1AL.11'Y SE-CT10II
A T I N : II CI R N E: Y , BOX 2W.:':'.*:!-"
RAI...E::I'G1-1 11C 2 626
PLEASE RETURN TOP PORTION OF STATEMENT WITH REMITTANCE
through ,,1 1.1 L.. :_I 1. - :9 •I
STATEMENT DATE
A 1.10 01. `9:
x•x• PRIOR BALANCE
7/1.=/5': ARI<IY CORPS-WATER L'?I.IAL.I:T'Y CERT. L. E: UU0:c92k3 ]. X "'•J: .•.2.5
x.-Y. TOTAL.. AMOUNT DUE.
GD General Display os onceSuppfies PAYMENT STATEMENT
CD Classified Display OF Ollice Furniture and Ecwp AD SIZE
LATE PAYMENT CHARGE is determined by applying a
AG Agency (General)
AC Agency (classified) OM
oU Ol l ice Machines
Office Furn.. Egulp. and
CODES o
periodic rate of 1.5/° per month, which is an ANNUAL
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PERCENTAGE RATE OF 18%
RC Regular Classified
i GR PR Commerical Prinhn
& L LINES ,
to LATE PAYMENT CHARGE. The balance subject to
Group
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BC -ces
Copy Graphic
Books Chad, W WORDS LATE PAYMENT CHARGE is the previous balance less
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payments and credits made during the current billing
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AMOUNT PA
6.00 1.9. C',I
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ACCOUNT NO.
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PRESI,NT ] 9
30 DAYS
60 DAYS
NEW FACILITIES AT 1500 N. CROATAN HIGHWAY, KILL DEVIL HILLS I 90 DAYS
120 DAYS
MES PRINTING COMPANY, Inc. (Landing Drive and Route 158)
). Drawer 400, Manteo, N. C. 27954 - Telephone [phone] I Drawer 809, Kill Devil Hills, N. C. 27948 - Telephone [phone]
r-6??

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ROUTING AND TRANSMITTAL SLIP
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TO: (Name, office symbol, room number,
building, Agency/Post) Initials ate
2.
3.
4.
5.
Action File Not and Return
Approval For Clearance r Conversation
As Requested For Correction Prepare Reply
Circulate For Your Information See Me
Comment Investigate Signature
Coordination Justify

REMARKS
0
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DO NOT use this form as a RECORD of approvals, concurrences, disposals,
clearances, and similar actions
FROM: (Name, org. symbol, Agency/Post) Room No.-Bldg.
Phone No. a 1 7
S C S
5041-102 OPTIONAL FORM 41 (Rev. 7.76)
Prescribed by GSA
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United States Department of the Interior
:, • _ FISH AND WILDLIFE SERVICE
*.. Division of Ecological Services
310 New Bern Avenue Room 468
.,..,? Raleigh, North Carolina 27601
January 15, 1981
Colonel Robert K. Hughes
District Engineer
Wilmington District
P.O. Box 1890
Wilmington, North Carolina 28402
Dear Colonel Hughes:
By this letter I am providing the final Mitigation and Enhancement Plan,
Manteo (Shallowbag) Bay Project, Dare County, North Carolina. As you
ON=
wlrprp?
atiOn know, this plan addresses the loss of fish and wildlife resources
associated with the filling of wetlands and shallow water estuarine
bottoms in connection with channel improvements in the vicinity of
Oregon Inlet. The plan is the result of considerable effort on the part
of our two agencies and represents a reasonable compromise between
development and fish and wildlife conservation.
t Although fundamental differences exist between our agencies with regard
to what is to be "mitigated", "enhanced" and/or "compensated for", it is
my conclusion that your plan to recommend construction of 125 acres of
oyster reefs is acceptable. It is also my conclusion that the construction
of 125 acres of oyster reefs represents the minimum acceptable level of
mitigation.
Sincerely yours,
:a
David H. Rackley
Acting Field Supervisor
• 5
.. caR ?i'`.y? r -?, :?.: 'r ;5i,;?? T`?R.4`ilt`1k5F?h? { 4 ? ??Y -'? '.t. 1w. ?: fib ^?.,.;r '? a. 5 e,,t?,??... .?, y 5v+,.?4?'q!?
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7, 77" 7
Introduction
Mitigation and Enhancement Plan
Manteo (Shallowbag) Bay Project
Dare County, North Carolina
The purpose of this report is to assist the Wilmington District, Corps
of Engineers in the justification and development of a mitigation plan
for the Manteo (Shallowbag) Bay project. The proposed mitigation plan
is designed to mitigate and compensate for the loss of 125 acres of
estuarine bottom to be covered by dredged material and the loss of 42
acres of Juncus roemerianus marsh for expansion of Wanchese Harbor. The
decision to pursue the prescribed mitigation, in accordance with Corps
of Engineers' (Corps) policies (ER 1105-2-129) and other authorities
such as the Fish and Wildlife Coordination Act (16 U.S.C. 661-667 (e)),
is the result of a consensus of opinion of participating State and
Federal agencies present at the January 8, 1980 interagency meeting held
on the project.
Mitigation for the loss of 42 acres of Juncus marsh by planting 42 acres
of Spartina alterniflora marsh on the sound side of the disposal islands
was aut orized by the Director of Civil Works on March 15, 1979. By
their letters dated July 17, 1980 and October 24, 1980, the Wilmington
District Corps of Engineers has requested that this previously authorized
mitigation be modified so as to provide 42 acres of oyster reefs rather
than 42 acres of Spartina marsh. This request is in agreement with the
mitigation objectives of the participating resource agencies.
The authority and responsibility to mitigate losses to fish and wildlife
are principally provided in the following authorities: the Fish and
Wildlife Act of 1956 (16 U.S.C. 742(a)-754); the Fish and Wildlife
Coordination Act (16 U.S.C. 661-667(e)) and the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4347). The Fish and Wildlife Act,
which established the Fish and Wildlife Service (FWS), authorizes the
development of policies and procedures that are necessary and desirable
to carry out the laws relating to fish and wildlife including: (1) "...
take such steps as may be required for the development, advancement,
management, conservation, and protection of the fisheries resources",
and (2) "take such steps as may be required for the development, management,
advancement, conservation, and protection of wildlife resources through
research ...and other means."
The Fish and Wildlife Coordination Act (FWCA) authorizes the Fish and
Wildlife Service to investigate all proposed Federal undertakings and
=
00.
i 'tF ) --!5`r ?y ".. cr.?:y ?.??(? (?,.. .t_ ?• .r yip'"?. '" ?' '? .+., '`?F ''?. '( ti •ae+ (• :i*' t
iti34a.7R ?(l L '? 2t+,1..r r ;: M19???Pl •?(?r/fLF-M?+1R?i?'i' Y?•Y4 i i?f' ..( ., . • `.•# ' . „ '.,?;?.?1. ?C'_. -°'i.`'A 'M`t?i.'Y?`a'l5 YS. _ y ;?•` ^ 1?'
non-Federal actions proposed under Federal permit or license which would
impound, divert, deepen or otherwise control or modify a stream or other
body of water and to make mitigation and enhancement recommendations to
-:-- the involved Federal agency. According to Section 2(b) of the Act,
?-: "Recommendations ...shall be as specific as practicable with respect to
•.': features recommended for wildlife conservation and development, lands to
be utilized or acquired for such purposes, the results expected, and
shall describe the damage to wildlife attributable to the project and
the measures proposed for mitigating or compensating for those damages."
The National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321-
4347) and its implementing regulations (40 CFR 1500-1508) require that
the FWS be notified of all Federal actions potentially affecting fish
and wildlife resources and requires the FWS to reivew, comment, and make
recommendations on those actions. In addition, the Act provides that
"the Congress authorizes and directs that, to the fullest entent possible ...all
•,?,- agencies of the Federal Government shall... identify and develop methods
-••? and procedures... which will ensure that presently unquantified environmental
amenities and values may be given appropriate consideration in decision
making along with economic and technical considerations."
The President's Council on Environmental Quality defined the term mitigation
in NEPA regulations as a planning process. That process includes "(a)
avoiding the impact altogether by not taking a certain action or parts
of an action; (b) minimizing impacts by limiting the degree or magnitude
of the action and its implementation; (c) rectifying the impact by
repairing, rehabilitation, or restoring the affected environment; (d)
reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the action, and (e) compensation for the
impact by replacing or providing substitute resources or environments."
(40 CFR 1508.20 (a-e)).
Corps regulations concerning mitigation are outlined in ER 1105-2-129,
Planning: Preservation and Enhancement of Fish and Wildlife Resources,
dated August 15, 1973, and in other documents. An essential component
of those regulations is the requirement to provide justification for the
provision of mitigation measures. Corps' regulations also recognize the
need to mitigate "non-monetary damages, including impacts affecting the
ecosystem and environmental quality (emphasis added." T e regulations
also require that non-monetary da'mages...will be described in sufficient
detail to support a judgement as to the cost that would be justified to
prevent or offset them and will be given full consideration in formulating
recommendations." The regulations also state that "when damages can be
prevented or reduced, justified compensatory measures will be included
in the project plan."

The dredging and filling of 42 acres of Juncus roemerianus wetlands and
8 the covering of 125 acres of shallow water estuarine bottoms will reduce
the project area's overall environmental quality. Since significant
quantities of marine resources of economic value are potentially but not
presently harvested in the dredge island expansion site nor directly
produced in the Juncus marsh, traditional monetary resource and user day
` values would not reflect the area's real and potential fish and wildlife
resource values. Accordingly, and in concert with the above referenced
Corps regulations which provide for mitigation of impacts "affecting the
ecosystem and environmental quality", the FWS has described the area's
known fish and wildlife and overall ecosystem values in principally
ecological rather than economic terms. In so doing, we have concluded
that, as a component of the estuarine ecosystem, the affected wetlands
and estuarine bottoms are irreplaceable and should not be adversely
impacted in any manner. However, since the project cannot be constructed
without habitat losses, a reasonable and justifiable mitigation plan was
developed. The following plan of action, provides for the mitiqation/compensation
of specific losses to fish and wildlife. Although the mitigation of 125
acres of shallow water estuarine bottoms to be filled is the principal
intent of the plan, it may also provide an unquantifiable amount of
mitigation, compensation and enhancement with regard to other losses
such as the aforementioned loss of Juncus wetlands. Specifically, the
plan calls for the creation of oyster reefs to offset and compensate for
the loss of shallow water estuarine habitat. The decision to create
oyster reefs as a mitigation/compensation measure was made after reviewing
several of the more traditional mitigation possibilities. Generally,
those alternatives were eliminated because they either failed to provide
acceptable and promising mitigation or they failed to meet State and
Federal criteria.
The alternatives considered were: marsh creation in the vicinity of the
dredge islands, creation of eelqrass beds, disposal of dredged materials
along the shoreline at Cape Hatteras National Seashore, creation of
wetlands at an environmentally acceptable site away from the general
project area, conversion of local high ground to wetlands, and purchase
of wetlands for preservation purposes. Each of these alternatives was
eliminated because it was either largely untested and positive results
could not be certain, as in the case of eelgrass planting; it was too
expensive, as in the case of beach disposal of the dredged materials; it
did not comply with good resource management practices, as in the case
converting high ground to wetlands in the vicinity of Wanchese (this
alternative was also socially and economically unacceptable); it would
result in losses to other habitats, as in the case of wetlands creation
in estuarine waters, and/or it was not or could not be authorized, as in
the case of purchasing wetlands for preservation purposes. (This last

action was also opposed by the N.C. Department of Natural Resources and
Community Development since, in their opinion, project area wetlands are
==now currently protected from unwarranted destruction).
. y The project, as origninally authorized, involved only the creation of
wetlands for mitigation. As other impacts were identified, work to be
accomplished with approved funding, and in accordance with Section 150
of Public Law 94-587 (Water Resources Development Act of 1976), was
requested. A detailed mitigation plan was provided in draft form to the
Corps in April, 1979 and formalized by the Service's May 4, 1979 letter.
In responding to our plan, the Corps stated (July 11, 1979 letter) that:
1. "There are no funds available for transfer funding for habitat
and resource management by the Refuge Manager, U.S. Fish and
Wildlife Service, Pea Island, National Wildlife Refuge.
2. "Land acquisition by the Corps of Engineers for this project
has not been authorized by Congress.
3. "Since land acquistion for mitigation was not authorized for
this project, the Corps will be unable to develop a waterfowl
impoundment for wildlife habitat in the vicinity of Wanchese."
On January 8, 1980, a meeting was held by the Corps with representatives
from the N.C. Department of Natural Resources and Community Development
(DNRCD), National Marine Fisheries Service (NMFS), Environmental Protection
Agency (EPA), National Park Service (NPS), and FWS. The purpose of that
meeting was to advance mitigation planning efforts to date. The consensus
of State and Federal agencies at the meeting was that they did not want
won" creation of marsh by the Corps of Engineers in estuaine waters. It was
also determined by DNRCD that dredged materials could not be placed on
estuarine bottoms because such action would violate state policy which
=?+ prohibits the placement of fill material on estuarine bottoms (15 NCAC
7H.0208: General Use Standards for Estuarine System Areas of Environmental
Concern In response to that meeting, the FWS, with funding by the
Wi mington District, developed another draft mitigation plan to offset
damages incurred with dredged material disposal in the vicinity of the
existing dredge islands. That plan was sent to the Wilmington District
on May 19, 1980 and was reviewed by the Corps with comments returned to
FWS via their letter dated July 17, 1980.
In preparing this final report, a concerted effort was made to accommodate
Corps' planners in justifying recommended mitigation/compensation measures
in accordance with Corps policy and as identified in their July 17, 1980
letter and their letter dated October 24, 1980 in which they commented
o
-Mom 0-6-
on this plan. In those instances where mitigation/compensation cannot
?w be justified in accordance with Corps policies, we recommend that the
Wilmington District view those recommendations under the context of
"enhancement" and advise the FWS of which measures will be provided. In
considering our proposed plan, we request that the Corps recognize the
T" importance of tidal action in nutrient cycling and production in the
entire estuarine system, including marshes, flats, creeks, bays, etc.
and that the affected environment must be considered as one ecosystem or
productive unit. Also, increased oyster production gained through the
project is viewed as a highly desirable but secondary compensatory
feature of the plan. Our primary interest is i?n tE-e-replacement of
ecological values and lost production associated with the habitat to be
lost. It is in this regard that acre-for-acre replacement is recommended.
As previously stated (page 1), the Corps' letters dated July 17, 1980
'. and October 24, 1980 requested that the authorized mitigation proposal
(i.e. to plant 42 acres of Spartina alterniflora to replace 42 acres of
Juncus roemerianus wetlands lost through the expansion of Wanchese
Harbor be modified to allow the creation of oyster reefs as out-of-kind
mitigation. Also, the Corps' letter dated October 24, 1980 recommends
that a total of 100 acres of oyster reefs be created for mitigation and
enhancement purposes. That letter further states that the Wilmington
_.,.; District plans to recommend to higher authority the construction of 125
acres of oyster reefs in conjunction with the project. The FWS concurs
with this recommendation in terms of the amount of acreage to be provided
but-disagrees with Corps' contention that this will provide mitigation
and "considerable enhancement" for: (1) the loss of 42 acres of Juncus
roemerianus marsh and (2) the loss of 125 acres of shallow water estuarine
bottoms to be filled in connection with dredge island expansion. We
contend that the creation of 125 acres of oyster reefs would adequately
mitigate the loss of 125 acres of estuarine bottoms only and would
neither mitigate or compensate for the loss of Juncus wetlands nor
provide enhancement as claimed in the Corps' Ocotber 24, 1980 letter.
The Service does not believe that the Corps can or will provide the
required 167 acres of oyster reefs necessary to offset the loss of both
125 acres of shallow water estuarine bottoms to be filled and the loss
of 42 acres of Juncus wetlands already destroyed in connection with the
harbor expansion at Wanchese. For that reason, we view the Corps'
i>`•:._: proposal to provide 125 acres of oyster reefs as providing only partial
but acceptable mitigation. In accepting what we view as the unmitigated
loss of 42 acres of Juncus wetland, we acknowledge fundamental and
irresolveable differences in Corps and Service perspectives on the
values of the resources to be affected and on Corps policies and funding
limitations which apparently preclude full agreement on the rational for
providing that mitigation and the amount of mitigation needed.
_. ^"r-1!^rl.-,w y.. - qP ..o,.. F ??? P,w2 t;. - ?. 'e ?rz`'1'w ..ti;•/ M1 ti"?'.. ' M- 4.1"
Value of the Project Area
To demonstrate that the affected resources are worthy of mitigation/
compensation, an ecological evaluation of the project site follows. Our
-'-l description is primarily based on known values,associated with the
island expansion sites and with similar ecosystems discussed in the
literature. Our final assessment, however, relies essentially on an
understanding of estuarine ecosystem processes rather than data inventories.
Generally, we find that the dredge island expansion site shares important
attributes with both tidal marshes and intertidal flats. These attributes
include high primary production, nutrient storage and cycling, habitat
for waterfowl and waterbirds, and secondary production of food organisms
which are important to finfish and shellfish. The island expansion
area's potential resource value for shellfish is significant when viewed
both in terms of in situ and surrounding shellfish production and with
regard to existing primary productivity which may serve as a food source
for surrounding oyster beds (Appendices A and B).
Recent discussion with biologists who have visited the site, and our
review of aerial photography taken in November, 1977, indicates that the
area, including the dredge island expansion sites, supports significant
beds of widegon grass (Ruppia maritima). It is not possible to accurately
predict the total number of acres of Rup is to be impacted by the project
since present (1980) distribution is not known and, most importantly,
trends in the cyclic occurrence of the grass are unknown. We estimate,
however, that between 25 and 50 percent of the 125 acre dredge island
expansion site will either cover seaqrass beds or adversely affect
adjacent seagrass beds as newly placed dredqe materials are dispersed
PS3 over surrounding bottoms.
Primary productivity in the immediate vicinity of the spoil islands has
not been measured. Usinq known values for similar environments and
plant species (Petersen and Petersen, 1979; Stiven and Plotecia, 1976),
we estimate local primary production to be in the ranqe of 200-540 g C/m2/yr
(370 g C/m2/yr average). This range considers those areas having only
microphytic production (low end of scale) and those having both microphytic
and macrophytic production (high end of scale). The projected low end
of the range (200 g C/m2/yr) is based on estimates by Peterson and
Peterson (1979) who estimated that an average of 200 g C/m /yr is produced
intertidally in North Carolina. The high value, 540 g C/m2/yr was
derived by c2mbining productivity values for eelqrass (Zostera marina)
or 340 g C/m /yr, determined by Dillon (1971) for North Carolina ancF
200 g C/m2/yr we estimate for local microphytic productivity. Values
_ .: r 6
for Zostera were selected because there are no productivity values
availa- e for Ruppia maritima, because of morphological similarities
between the two species, and because of the locally indiqenous occurence
s of that species.
When compared to predicted average net primary productivity values for
" short and medium forms of Spartina alterniflo a in Dare County, North
ti Carolina, which are estimated to be 300 g C/m yr and 621 g C/m2/yr
respectively, (Stiven and Plotecia, 1976) we find that the rates are
reasonably comparable. Our estimates for shallow water primary productivity
in the dredge island expansion rea are also comparable to the estimated
productivity value of 478 q C/m /yr for Juncus roemerianus in Dare
County (Stiven and Plotecia, 1976), a species whose loss the Corps has
agreed to mitigate in connection with the Manteo (Shallowbag) Bay project.
The importance of wetland and seagrass beds to the aquatic food chain is
well known (Thayer et al., 1975). Studies by Haines (1976, 1977),
Haines and Montague (1976), and Zingmark (1977) show that algae (phytoplankton
n?c and benthic microalgae in particular) may exceed the intertidal marsh
(Spartina alterniflora) in the production of useable carbon. Based on
productivity and assimilation alone we find that the algae producing
Ism habitats (in this case the dredge island expansion area) may be at least
comparable to the S. alterniflora marsh in terms of their value to the
estuary. Accordingly, they should be given the same level of protection
as the S. alterniflora marsh. An important consideration in assessing
the value of the intertidal flats and their associated algal production
is the trophic link of the algae. According to Dr. Charles Peterson
(pers. com.) a large portion of the microalgae are consumed directly by
T?.,?, estuarine invertebrates. The direct consumption and subsequent assimilation
{ of the algae by marine animals precludes the intermediate deqradation of
plant material by bacteria and fungi which is required with the decomposition
and utilization of S. alterniflora. The elimination of this trophic
link increases the -uutr tiiona-al value of the algae by a maqnitude of
about ten when compared to detrital marsh grass production which is.
utilized by estuarine invertebrates after decomposition. In other
words, for each 100 pounds of algae directly consumed by benthic invertebrates,
1000 pounds of halophytic production would be required to produce a
similar amount of bacteria and fungi which could then be consumed by
those invertebrates.
When compared to material imported from other areas, in situ primary
production in the dredge island expansion area may be relatively small.
Additional organic matter enters the island expansion areas from detritus,
pollution, jetsam, fish, birds, etc. With decomposition these materials
7
_. ??«? v -i. ?? t?r?, ..?? ,. T; r^h ...k. :}?k? ?.?'• ?"" `4;?t, .. ,:. •'4-? ? Y?''.G ?'. ?. h.Jl? o'4i'? '? ?. ""''S - -+.- .va .tl. i'?'lw,??:'4?q ?'dQ.vh N•6.?5. dt.•"t'1 s,,.. ..n
«i -.,y.,
slowly form organic detritus which, with its associated flora and fauna,
becomes an important energy source for such animals as amphipods, isopods,
mysids, small crabs, shrimp, fishes, etc. In the project area and
island expansion site this productivity is utilized by commercial and
recreational species such as shrimp (Penaeus spp.), crab (Callinectes
sapidus), bluefish (Pomatomus sa1tatrix`T, spotted seatrout Cynoscion
nebulosus), weakfishTC, regalis, spot (Leiostomus xanthurus , southern
kingfish(Menticirrhus americanus), Atlantic croaker?Micropogon undulatus),
red drum Sciaenops ocellata , summer flounder (Paralicht y-1-i s dentatus ,
southern flounder P, lethostigma), etc.

In addition to providing a site for nutrient exchange, the dredge island
expansion area provides nursery habitat for many finfish species. Shallow
water depths (1-2 ft. avg.) provide excellent protection for juvenile
fishes and mobile invertebrates. Although summer and winter temperature
extremes limit their value in this regard, optimal water temperatures
should exist in the area during spring and fall when fishery recruitment
(spring) and juvenile migration (spring-fall) are at their peak. Principal
primary nursery grounds are located in the vicinity of Bodie Island,
however, grass beds and shallow water and bottoms, including the dredge
island expansion sites, may also be heavily utilized by such important
species as juvenile drum, spot, croaker, sea mullet, seatrout, flounder,
crab, and shrimp. The island expansion area is also thought to be an
important secondary nursery ground or staging area for many of the
aforementioned species as they begin their fall migrations through
Oregon Inlet (Maury Wolff, N.C. Div, of Mar. Fish, pers. com.). Further,
the expansion area provides habitat for killifish or mummichog (Fundulus
spp.), mullet (Mugil spp.), Atlantic silverside (Menidia menidia ,
anchovy (Anchoa spp, and other prey species.
The project area, including the island expansion sites, is utilized by
winter migratory waterfowl for resting and feeding. Widgeon grass, a
prime waterfowl food, varies in abundance both temporally and spatially
and may affect waterfowl use. The closeness of prime waterfowl feeding
sites at Pea Island National Wildlife Refuge and the Bodie Island marshes
probably limits the value of the project site in terms of waterfowl
resting and feeding. The area, including probable island expansion
sites, may be of great significance locally, however, when preferred
feeding sites are depleted later in the overwintering season. Feeding
scaup, bufflehead, merganser, and black duck have been observed in the
island expansion zone. The site may also be utilized as a resting and
feeding site for mallard, widgeon, gadwall; teal, shoveler, ring-neck,
and ruddy duck. Waterfowl utilization of the area is probably limited
by hunting pressure and disturbance by fishing vessels which utilize the
nearby navigation channel. The area's potential resource value to
migratory waterfowl is high since increased utilization would probably
occur if other wintering areas along the Atlantic flyway were lost.

Along with their value as fish and wildlife habitat and their capacity
.ter -for primary production, the dredge island expansion areas are potentially
valuable sites for oyster production. Optimum oyster production, based
on current technology, is estimated to be 1000 bushels of oysters per
acre per year according to the N.C. Division of Marine Fisheries (Fentress
Munden, pers. com.). This estimate and the apparent production potential
of the areas are based on the following observations:
1. Optimum oyster production for intensely managed areas at
nearby Crab Slough is estimated to be 1000 bushels of oysters
` per acre per year.
2. An estimated 200 acres of privately leased oyster beds are
located in the immediate vicinity of the dredge islands (Appendix
A).
3. Existing hard surface material, which is sparsely distributed
over much of the expected island expansion zone, shows almost
complete oyster attachment and normal growth.
Naturally occuring oyster production is low in the dredge island expansion
zone since there are no natural oyster beds in that area. As stated,
suitable substrate (shells, rocks, marl, etc.) which enter the island
expansion zone is rapidly colonized by oysters and it is assumed that
with a cessation of dredge material disposal on the islands, oyster
reefs would become established with time. In this regard, we estimate
that no less than 75% of the area (93.75 acres) is capable of supporting
significant levels of natural and/or artifically propagated oyster
production. Current oyster production rates for moderately managed
leased bottoms near the dredge islands are estimated to be 27 bushels
per acre based on reported catches. (Fentress Munden, pers. com.).
With intense management and optimum production a theoretical annual
yield of approximately 94,000 bushels (1000 bu. per acre per year x 94
acres) is possible in the proposed dredge island expansion area.
Although the exact role of primary production occuring in the dredge
island expansion area is not known, we assume that a portion of that
production is going into oyster production. This assumption is based on
the known value of phytoplankton and suspended benthic diatoms and other
_ microalgae to oyster growth (Peterson and Peterson, 1979) and on the
- - closeness of privately leased oyster bottoms to the dredge islands
(Appendix A) and to the state managed oyster bottoms at Crab Slough
(Appendix B, Appendix C).
01
9
•, ?, ?? ? ...T ,ter--.,, -
In summary, we recognize the following values as being associated with
* the project area in general and, for the most part, in association with
the dredge island expansion sites:
- 1. Because of the importance of tidal action in nutrient cycling
».. and production, the entire estuarine ecosystem, including
marshes, flats, creeks and bays must be considered as one
ecosystem or productive unit.
2. All of the subtidal and intertidal lands to be filled are
sites of primary algal production. An undetermined but significant
amount of the dredge island expansion lands support the growth
of widegon grass (Ruppia maritima). Based on primary production
alone, the FWS believes that the island expansion areas are at
least comparable in value to Spartina alterniflora wetlands.
3. The 125 acre fill area is utilized by migratory waterfowl.
Although this value is lessened by the occurence of more
desirable wintering grounds at Pea and Bodie Islands, their
?-? potential value is thought to be significant in view of diminishing
wintering habitats along the Atlantic Flyway.
4. The fill area is an important nursery area for numerous
species of finfish and invertebrates.
5. The fill area is capable of producing significant quantities
of oysters with proper management. Optimum production estimates,
based on currect technology are in the order of 1000 bushels/
acre/year.
6. Benthic microalgae and phytoplankton produced in the fill area
probably contribute to oyster growth on nearby privately
leased and state managed oyster bottoms which are among the
most productive in the state.
Di -riieeinn
It is not presently possible to assign an unequivocal monetary value to
r,. a unit of estuarine benthic habitat. Quantification of in situ productivity,
nutrient transfer, values to transient fishes, invertebrates, birds, man
-- -- and to the overall quality of the estuary would exceed most agency
manpower and technical capabilities. Inference of primary and secondary
productivity estimates to higher trophic levels is possible. However,
the complexity of the energy cycle between primary producer and commercially
and ecologically important species tends to negate the meaning of baseline
10

or primary productivity measurement values. As a result, biological and
monetary assessment, hence resource replacement (compensation), by
necessity, become subjective determinations which may be influenced by
r biological productivity, systems ecology, economic constraints, administrative
k'>... policies, sociological considerations, etc. In brief, there is no
simple, clear-cut correlation between measurable parameters such as
primary productivity and fish production. Accordingly, anything less
than actual habitat replacement with like habitat is a matter of professional
judgement with respect to attaining an equitable mitigation balance.
The need for mitigation/compensation is justified based on the resources
to be affected and the relationship between those resources and the
estuarine system to which they belong. The precise level of mitigation
required is difficult to compute since it involves quantification of
such factors as primary production, real and potential value as waterfowl
habitat, value as fish nursery ground habitat, and potential to produce
oysters.
a
M
,.:
The mitigation proposed in this report is a reflection of the discernible
need to mitigate the loss of fish and wildlife resources. Impact assessment
and subsequent mitigation requirements are based on traditional techniques
such as field appraisal, resource assessment, literature review etc.
The mitigation/compensation recommendations we have set forth will
compensate for certain losses and probably lessen the project's adverse
impacts on fish and wildlife. They will not fully mitigate resource
losses, since we believe that "in kind" mitigation is required to fulfill
that objective. As has been previously stated "in kind" mitigation, based
on the creation of wetlands or estuarine waters from high ground is not
?o" feasible
.

After considerable deliberation and consultation with other agencies and
------, experts (National Marine Fisheries Service: Randall Cheek; N.C. Division
of Marine Fisheries: Fentress Munden; Virginia Institute of Marine
Science: Donald Boesch, Robert Diaz, Robert Orth), we contend that
oyster reef construction is the only feasible mitigation/compensation
alternative for which a concensus of opinion of State and Federal agencies
could be reached. In addition, oyster reef construction is appealing in
that: (1) we are reasonably certain that substantial secondary productivity
will result and (2) the plan will most directly benefit the inshore
fisherman whom we believe will be most adversely impacted by the proposed
island expansion. With careful selection of the proposed reef sites,
bottoms which now support low-to-moderate levels of benthic species
diversity and productivity should become highly productive. The anticipated
net increase in secondary production (oysters, benthic epi-and infauna)
will offset lost primary production associated with the filling of
estuarine bottoms, although we are not certain of the ecological significance
Q
of such a trade off.

11
w. +Sa...\4 ..? - r?'1.?„?::.'?..t:_?:=.a._?"Eee3?. .ti,se_..:.. ??_ ". .?.`• ?..,?.a, ,.iY.r :_?.??a.?::.i'?Ia:. :L?....au.. ?1 ?.:Y'9
LLIA.
The destruction of 42 acres of Juncus roemerianus wetlands in connection
with the harbor expansion at Wanchese will remain essentially unmitigated.
Mitigation could be provided through the construction of oyster reefs,
however, the determination of replacement acreage is difficult to assess
since the relationship between Juncus wetlands and oyster reefs is even
less discernable than that of shallow water flats and oyster reefs. In
-; the absence of an accurate measure of their relative significance, and
in view of the significance of each habitat type (Juncus marsh--oyster
flat) we recommend that habitat replacement be on an acre-for-acre basis
..? in accordance with the following plan of action which primarily considers
the loss of 125 acres of shallow water estuarine bottoms.
Plan of Action
Oyster reef construction and methodology involves both the creation and
rehabilitation of local oyster beds and/or redistribution of seed oysters.
The mitigation plan should be undertaken by the North Carolina Division
of Marine Fisheries which currently manages public oyster resources
through regulatory, conservation and rehabilitation practices. The
Division of Marine Fisheries has been involved in the conservation and
replenishment of public oyster beds since 1947 when funds were first
appropriated by the State General Assembly for oyster rehabilitation
purposes.
` Oyster reef construction and methodology would involve shell cultch
1 planting as the principal feature of the mitigation/compensation plan.
This involves transporting shell cultch materials to potentially productive
oyster production areas in the vicinity of Wanchese. The cultch material
provides a substrate on which immature oysters (spat) attach and serves
as a foundation which prevents immature oysters from sinking into the
bottom sediments. Although planting volumes vary according to bottom
sediments, water depth, currents, and expected harvest methods, approximately
3,000 to 7,000 bushels of shell cultch would be required to completely
cover one acre of bottomland. Since oyster reefs to be constructed in
connection with the Manteo (Shallowbag) Bay project are to be maintained
over the life of the project, and hopefully beyond, random distribution
as well as dense layers of cultch material 18-24 inches in thickness, in
places, will be required.
T
It is anticipated that approximately five years will be required to
develop suitable reefs. Shell distribution (planting) is expected to
occur annually from May through August and should commence not later
than the second month of May after work begins. (Specific dates are
subject to funding by the Corps.) With ai;lple lead time, work could
begin at any time during the May-August work period, once funding is
received. Shell cultch would be distributed over potentially productive
12
?'S '?.' t~ J:K 1 .. .v „4.. _?.. y.+?, ,, • `e'_ 1?. 1. .. ?K...?',5 ???,:ity \?...
Ail
bottoms that have been preselected by the N.C. Division of Marine Fisheries.
Selection of reef sites would be made by the Division after interviewing
commercial oystermen and local fisheries inspectors, holding public
meetings, and conducting biological investigations. Reef management
would be provided by the N.C. Division of Marine Fisheries and would
employ fishery management techniques such as season closure, on site
1 culling, etc., which would perpetuate oyster production over the 50 year
life of the project. After construction is completed, operation and
maintenance of the reefs would be the responsibility of the Division of
Marine Fisheries.
The estimated cost of creating 125 acres of oyster reefs, based on 1977-
79 fishery data, is $107,250 per year. This cost includes plantinq
125,000 bu, of shell cultch at $0.85 bu., (including salaries, and
miscellaneous costs) and $1,000 for annual lease of a three acre shell
cultch stock pile and loading site. This amount will be required for
each of the five years required to create 125 acres of reefs. Federal
>'. funding will not be required after the fifth year of reef development.
Total estimated cost of the plan over the five year oyster reef creation
period is $536,250 (5 X $107,250).
The general location of the proposed reefs is shown in Appendix C of
this report. Shell cultch will be obtained from sources in North Carolina,
Virginia and possibly Florida and will be trucked or barged to the
project area. Cultch material is to be stockpiled in the Wanchese area
with possible interim storage away from populated areas to allow decomposition
of attached tissue. Final storage, however, will be at a suitable loading
site for transportation to oyster production sites. Presently four
possible storage and loading sites have been identified by the Division
of Marine Fisheries. Storage sites are routinely leased by the Division
at little or no cost. The increased magnitude of this project over
normal, ongoing operations is expected to require the leasing of a
larger area, hence, the estimated cost of $1,000 for leasing a three
acre storage site.
Monitoring and harvest records indicate that returns of one bushel of
marketable oysters (3" minimum length) from a bushel of planted cultch
are possible within 3 years of planting. Areas with ideal growth characteristics
such as those found in the project area may produce commercially harvestable
oysters in as little as 18 months. Once a managed oyster bed begins
producing marketable oysters it will normally produce for 3 to 5 years
before additional cultch material is needed to replace that removed
through normal harvest procedures. Florida studies indicate that public
oyster beds that were established in the 1940's continued to produce
into the 1970's if the reefs are properly constructed and managed (Dr.
Edward Joyce, Fla. Dept. of Natural Resources, pers. com.). Without
+ proper management, heavy harvest pressure would deplete project area
oyster reefs in approximately 3 to 5 years after the initial harvest
begins.
13
"• ... ? ? ..erg. ?..
To prevent depletion, a five year cycle would be established whereby the
oysters are allowed two years to reach legal harvest size and are then
harvested for three years. Standard plantings at the rate of approximately
5,000 bushels of shell per acre should produce approximately 5,000
---A bushels of marketable oysters per acre over the five year period or an
-- average of 1,000 bushels of oysters per acre.
''"y Seed oysters may also be used for propagation in areas where the natural
set of oysters is too light to establish a viable oyster population and
where quicker returns to the oyster fishery may be desired. Seed oysters
would be harvested and relayed by the Division and/or contracted commercial
oystermen. Seed oysters would be harvested from high density beds in
slow growth areas such as the State oyster management area at Cedar Bush
Bay or polluted waters. The oysters would then be transported to areas
with more favorable growth characteristics. Approximately 25 acres of
such areas have been identified in the vicinity of Crab Slough, Old
House Channel and Crab Hole (Appendix C). The cost of relaying seed
oysters is usually double that of planting cultch in the same area.
This cost would be borne.primarily by the N.C. Division of Marine Fisheries
except when essential for the maintenance of adequate oyster stocks in
the project area. The amount of time required for the seed to grow to
the legal harvestable size of three inches depends upon the size of the
seed and the growth characteristics of the area. Marketable oysters are
normally produced from seed in 2/3 the time (approximately 16-18 months)
required for shell plantings to become productive. Seed oyster planting
rates depend upon bottom type and mean size of the seed. Normal planting
rates range from 1,000 to 1,500 bushels per acre and the seed oysters
can be relayed at any time during the year except when temperature
extremes would lead to high mortalities.
' Benefits
The oyster propagation plan will enhance a highly desirable resource
which is capable of being used by most commercial and recreational
fishermen. Further, oyster propagation through reef construction and
seed redistribution has been successfully conducted in the project area
and is considered feasible from a likelihood of success perspective.
Benefits to be derived from such a program are extremely high when based
on the potential for local oyster production.
With proper funding, the Divison of Marine Fisheries could rehabilitate
125 acres of oyster bottomland with shell cultch over a 5 year period.
The beds would be managed for optimum public benefit and maximum yield
with the Division managing the beds and providing the rehabilitation
effort required to maintain a high level of productivity. The beds
would be established on bottomland having the greatest production potential
--? but will be situated within the vicinity of Wanchese in order that the
local citizens receive the greatest benefits from the oyster rehabilitation
t a effort.
pe
14

The Division of Marine Fisheries oyster rehabilitation program is a
.long-standing program that is strongly supported by the fishing community,
E'er oyster industry, and general public. Local (Dare County) oystermen are
supportive of the Division's oyster rehabilitation program and have
requested that planting sites between Davis Channel and Old House Channel
be given the highest priority when rehabilitation sites are selected.
The Division of Marine Fisheries utilizes local oyster fishermen and
requests public input prior to the selection of specific rehabilitation
sites. The involvement of concerned citizens and knowledgeable fishermen
in the oyster rehabilitation program has given the program wide public
acceptance and has made the management of North Carolina's "most manageable
marine resource" a success. The use of mitigation and compensation
funds for expansion of Division of Marine Fisheries shellfish propagation
activities in Dare County waters will not only benefit the local oystermen
but will also increase public awareness of the Wanchese Harbor and the
Manteo (Shallowbag) Bay Projects and the oyster rehabilitation program.
Value
wv y 4
Dare County oystermen received $7.00 per bushel for oysters during the
MEMO*" 1978-79 season and $8.00 per bushel during the 1979-80 season. Multiplying
the current dockside value ($8.00) by an average production rate of
1,000 bushels per acre, an average annual production value of $8,000 per
acre is established. Assuming full-time production, potential benefits,
before expenses, to Dare County oystermen from the creation of 125 acres
of oyster reefs are about $1,000,000 per year for oysters alone (125
acres x 1,000 bushels/acre x $8.00/bushel). When this benefit is projected
over the 50 year life of the project the potential gross benefit is
about $50,000,000, before expenses, at current oyster prices. This
:h estimate assumes full-time production on each of the 125 acres. Since two
of every five years of production will be devoted to growth, and no harvest
will occur, the maximum production of 1,000 bushels per acre per year will
occur during only 30 years of the 50 year project life. Accordingly, the adjusted
gross benefit before expenses is estimated to be $30,000,000.
As previously stated, the cost of conducting the program outlined above
is estimated to be $107,250 per year for the five year reef construction
period or $536,250 (total). This cost would be borne by the Corps of
Engineers. Maintenance costs over the remaining 45 year life of the
reef would be borne by the Division of Marine Fisheries. Those costs
=`+ are estimated to be $21,250 per year or $956,250 over the life of the project
(45 X $21,250). Total project costs including initial construction
($536,250) and maintenance ($956,250) is $1,492,500. Excluding fisherman
costs (estimates not available), a net gross benefit (dockside) of
approximately $28,507,500 ($30,000,000 minus $1,492,500) is possible with
the mitigation/compensation plan over the 50 year project life.
?. 15

The proposed oyster rehabilitation program in Dare County could produce
a cost-benefit ratio of 1 to 20 ($1,492,500-- construction and maintenance
cost $30,000,000--production value) at dockside and an even larger
?., ratio after the oysters are moved through Dare County wholesalers,
retailers, and the restaurant trade.

Conclusion
In conclusion, the FWS finds the proposed 125 acre dredge island expansion
area and the 42 acres of Juncus roemerianus wetlands which have already
been filled in connection with the Wan- chese Harbor Expansion Project to
be of significant overall value to fish and wildlife. This determination
is based on their general ecological significance as recognized by the
FWS and their potential to produce resources of economic and ecological
importance. Based on this determination, we recommend that all unavoidable
habitat losses be mitigated or compensated for in accordance with plan
of action contained in this report. In lieu of the proposed mitigation,
the FWS recommends that the Corps seek other disposal sites and/or
investigate the creation of wetlands on areas which are not presently
comprised of wetlands or deep water habitats as defined the FWS publication
entitled: Classification of Wetlands and Deepwater Habitats of the
United States.

16
... u.: -_?? ?t"e` ??7u...::.n..?' _.,,??'?_„ ,;::°. _,. 'r..,d...:?s,-:d?.. ?:-?:_:?. ? i .._ „?. ,_-' ?+??, ..-?..Q,.. ?k...,?1._..._?_?:a..?....?.t=?_?Sa??.?at,a?.
References
Dillion, R.C. 1971. A comparative study of the primary productivity of
estuarine phytoplankton and macrobenthic plants. Ph. D. Thesis. Univ.
North Carolina, Chapel Hill. 112 pp.
19
'?• Haines, E.B. 1976. Stable carbon isotype rations in the biota, soils,
and tidal water of a Georgia saltmarsh. Estuarine Coastal Mar. Sci. 4:
" 609-616.
Haines, E.B. 1977. The origins of detritus in Georgia saltmarsh estuaries.
Oikos 29: 254-260.
Haines, E.B., an? C& Montague. 1979. Food source of estuarine invertebrates
analyzed using C/ C ratios. Ecology 60: 46-56.
Peterson, C.H. and N.M. Peterson. 1979. The ecology of intertidal flats
of North Carolina: a community profile. U.S. Fish and Wildlife Service,
Office of Biological Services. FWS/OBS-79/39. 73 pp.
Stiven, A.E. and R.K. Plotecia. 1976. Saltmarsh primary productivity
_ estimates for North Carolina coastal counties: projections from a regression
model. U.N.C. Sea Grant Pub. 76-06. 17 pp.
Thayer, G.W., S.M. Adams, and M.W. LaCroix. 1975. Structural and functional
aspects of a recently established Zoestra marina community. in L.E.
Cronin, ed., Estuarine Research, Vol. 1. Aca emic Press, New York, pp.
517-540.
+T
y Zingmark, R.G. 1977. Studies on the phytoplankton and microbenthic
?+,ba algae in the North Inlet estuary, S.C. in F.J. Vernberg et al, eds, The
dynamics of an estuary as a natural ecosystem. EPA-600/3-77-016. pp. 35-
39.
1930 ?c .
7 7
Ri NE FISH-{ERIE`
A
JD- ~?Flt.rc 14tt:•A-23- :.V 2`N.C. DI v. .. M
REGISTERED OYSTER `LEASE"S 11
•2
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be '' ? Ps 2 r n-?6 7 3 C 49 55 43
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3 2 \h APPENDIX A
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p &a LIE 9
sA,
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?1??• [? \\ FI R AS,,
A,O
+' e G•? ?` ly+,."' W' pq e ,? PI.C. Division of Marine
?t,,,;;?? '2 Fisheries, Plorehead City,
9 I• 10 •?' 1S '.? 1?tA? O
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PA ?. «,..t CL •"'
OYSTER HARVEST AREAS
OYSTER MANAGEMENT '
AREAS (O.M.A.) N. C. DIV.
.OF MARINE FISHERIES
APPUDIX B
4
9
v
? o
MANTEO ISHALLOWBAG) BAY,N.C.
OYSTER HARVEST AREAS AND
N.C. OYSTER MANAGEMENT AREAS
SCALE OF MILES
0 2 V 6
r"Sr.Ttir ..
CORPS OF ENGINEERS WILMINGTON, N.C.
MAP REV15LO JUNE 1974
PLATE 16

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10
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-
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i
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IN REPLY REFER TO
Planning Division
DEPARTMENT OF THE ARMY
WILMINGTON OISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
April 5, 1988
Ms. L. K. Gantt
Field Supervisor
U.S. Department of the Interior
Fish and Wildlife Service
Division of Ecological Services
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Dear Ms. Gantt:
This is in response to your letter of February 1, 1988, commenting on
the Supplemental Information Report (SIR) on the Manteo (Shallowbag) Bay
Project, Dare County, North Carolina, dated November 6, 1987.
We agreed in 1980 that the loss of wetlands in conjunction with
deepening and widening the project would be mitigated on a 1:1 basis with
out-of-kind mitigation by constructing and maintaining oyster reefs. We
believed in 1980, as we do now, that productivity of the shallow-water
habitat did not warrant mitigation on an acre-for-acre basis. As you may
recall, we did not even believe that.eaeh acre of shallow-water habitat
should be replaced with as much as 0.66 acre of oyster reefs. However, we
agreed to this level of mitigation, as you said, "in response to our mutual
effort to resolve a serious impasse."
As stated in the SIR, the mitigation plan for the expansion of Island H
will be implemented in accordance with the U.S. Fish and Wildlife Service
Mitigation and Enhancement Plan dated August 21,-1980, for the Manteo
(Shallowbag) Bay project. This means that after the construction period,
which is expected to take approximately 5 years, the North Carolina Division
of Marine Fisheries (NCDMF) will manage the reefs. NCDMF will be respon-
sible for management of-the sites over the remaining 45 years of the
50-year project life. Site selection for the reefs will be a joint effort
between the NCDMF and the district and will include cursory benthic sampling
to help minimize the possibility of building oyster reefs atop diverse and
highly productive bottoms. -
The use of diked upland disposal on Island H precludes management
for colonially nesting shorebirds. The State of North Carolina concurred
with the use of diked upland disposal on this island by letter dated
May 28, 1980. The exclusion of Island H as one of the disposal islands
being managed for shorebird habitat is also acknowledged in the Final
Supplement to the FEIS, Manteo (Shallowbag) Bay project, dated August 1980.
4-
-2-
We will continue to manage those islands along the project channels where
control of effluent is practiced and conditions are such that they can be
managed for this purpose.
We are in the process of contracting for a coastwide inventory study
of colonially nesting shorebirds on our disposal islands. The study will
include those islands along the project channels. We will keep you informed
of the progress of this study.
We are acutely aware that the 42 acres of wetlands excavated and filled
in association with the deepening and widening of Wanchese Harbor have not
been mitigated although the mitigation plan for deepening and widening of
the Manteo (Shallowbag) Bay project has been approved. Mitigation of the
42 acres of wetlands filled in conjunction with deepening and widening
Wanchese Harbor was to be funded as part of the construction of this new
project. In July of 1980, we reimbursed the State of North Carolina for
deepening and widening Wanchese Harbor with Construction General funds
because the work was part of a new (construction) project, not operation
and maintenance of an existing project. As discussed in the meeting of
January 22, 1986, between our agencies, it may have been appropriate to
seek the funds for mitigation of the expansion of Wanchese Harbor at the
same time that we sought the money to reimburse the State.
We are reaching a decision point on the Manteo (Shallowbag) Bay project.
If we construct the project, we are committed to implementing the mitigation
plan for the whole project. If we do not construct the project, we will
request construction funds to mitigate for the 42 acres of wetlands lost
as a result of the expansion of Wanchese Harbor.
Island H is being expanded due to operation and maintenance of the
existing project. Under the terms of local cooperation for this project,
Dare County, the project sponsor, is responsible for providing the necessary
disposal areas as well as the cost of dikes. However, mitigation for this
work is a Federal responsibility and will be funded out of Operation and
Maintenance funds. We cannot, however, use Operation and Maintenance funds
for mitigation of damages from expansion of Wanchese Harbor because the
expansion was done with construction funds.
In your letter, 48.8 acres is quoted as being the acreage needed to
mitigate for deepening and widening Wanchese Harbor. Our records show that
42 acres of Juncus roemerianus were filled as a result of the expansion of
Wanchese Harbor.
•

If you have any questions, please contact Mr Daniel Small, Environmental
Resources Branch, at (919) 343 - 4730.
Sincerely,
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
Copies Furnished:
Mr. Preston Pate, Assistant Director
Division of Coastal Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 769
Morehead City, North Carolina 28557
Mr. John Parker
Division of Coastal Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Don Baker
North Carolina Wildlife
Resources Commission
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dr. William T. Hogarth, Director
Division of Marine Fisheries
North Carolina Department of Natural
Resources and Community Development
Post Office Box 769
Morehead City, North Carolina 28557
-4-
Regional Administrator
Attention: Mr. Gerald Miller
U.S. Environmental Protection Agency
Region IV
345 Courtland Street, N.E.
Atlanta, Georgia 30365-2401
Mr. Randall P. Cheek, Area Supervisor
Habitat Conservation Division
Beaufort Marine Fisheries Center
National Marine Fisheries Service
Beaufort, North Carolina 28516
CESAW-PD-E/Small/cs/4730
CESAW- PD-E/Correale
CESAW- EN-Dennis
CESAW-CO-N/Holliday
CESAW-PB- PB/Narron
CESAW-PD/Saunders
CESAW-DX/Burch
CESAW-DD/LTC. Miniclier
CESAW-DE/Col Woodbury/S
MAIL
CESAW-P D
Files/3095pnds/dsusfws

MEMORANDUM
TO: Daniel Small
FROM: Mike Marshall ft\?)??
DATE: October 7, 1992
SUBJECT: Island H Mitigation
Enclosed please find a report on cultch planting in Roanoke
sound under Contract C-19020. Also enclosed is an invoice for
that activity. Although we ran over a little on the planting
total, the invoice is for the contract amount. The Oyster
Rehabilitation Program will pay for the additional amounts.
Our recent oyster disease sampling continues to indicate
problems in the Dare County - Roanoke Sound area. At this time,
it is not advisable to transplant oysters this fall and probably
next spring. I recommend we further amend the contract to
conduct the entire mitigation by shell planting. The contract
could be completed early next summer. The only problem I see is,
if we stay within the fixed cost, we will only have approximately
$2,000 for support activities. This is well below our needs, but
given the circumstances, it will be acceptable.
COSTS
Cultch Planting
65,000 bushels at $.80 per bushel $52,000
SUPPORT ACTIVITIES
Site selection, disease assessment, posting,
and monitoring $ 2,000
Monitoring will begin this winter. A report will follow.
cc: Jeff French
a .
MEMORANDUM
TO: Mike Marshall
FROM: Jeff French -a??
DATE: September 29, 1992
SUBJECT: Cultch Plantings established near
Roanoke Island: US Army Corps Mitigation Project
During the 1992 cultch planting season surf clam material was
planted on two sites near Roanoke Island. These sites were
established in response to your instructions concerning the
mitigation of estuarine bottom lost during recent dredging
activities by the US Army Corps of Engineers in that area.
The two planting sites were selected with the assistance of
Mr. Georgie Daniels, a local oysterman. A total of 39,000 bushels
were planted on the two sites as follows:
33,000 bushels at Half Moon Rock, site No. 802
6,000 bushels at Roanoke Island (along the marshline south of
Wanchese), Site No. 803.
The material was deployed with the R/V SHELL POINT in water
depths between 4 and 6 feet.
/b7

MEMORANDUM
TO: Mike Marshall
FROM: Jeff French -a??
DATE: September 29, 1992
SUBJECT: Cultch Plantings established near
Roanoke Island: US Army Corps Mitigation Project
During the 1992 cultch planting season surf clam material was
planted on two sites near Roanoke Island. These sites were
established in response to your instructions concerning the
mitigation of estuarine bottom lost during recent dredging
activities by the US Army Corps of Engineers in that area.
The two planting sites were selected with the assistance of
Mr. Georgie Daniels, a local oysterman. A total of 39,000 bushels
were planted on the two sites as follows:
33,000 bushels at Half Moon Rock, site No. 802
6,000 bushels at Roanoke Island (along the marshline south of
Wanchese), Site No. 803.
The material was deployed with the R/V SHELL POINT in water
depths between 4 and 6 feet.
/bj
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31
' 1992 Roanoke Island area cultch off b2, ; 10 IS 23 36 4
e O 1 planting sites established for ,,,.ti o ' j 4 2
9 t•wR
e mitigation purposes in conjunction ?P? , q?; s
with the US Army Corps of - wss,••. .=??yr?'•'P-' qtr ° "` 13 7
11 Engineers . `Q`:L:••5Qs 2 0 oc I 9 Is
?t• ' oc.24f •0 24.
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Taken from NOAA Ip FlR?2SsA3R3M e •V 0 0? 2 , ?_ _ •.:
chart No . 12 2 0 4 13 7 7 R+??; 's 'a?oo? 3 :? < _?
1 4 •12'i G' OL r 4 L 1
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Contracting Division
April 1, 1993
Mr. Mike Marshall
Chief, Development Section
Division of Marine Fisheries
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 769
Morehead City, North Carolina 28557-0769
Dear Mr. Marshall:
This is in reference to Contract Number C-19020, Cultch Planting
in Roanoke Sound for Island H Mitigation, Dare County, North Carolina.
Our Environmental Resources Branch concurs with your recommendation
to amend the referenced contract to allow the remaining portion of the
project to be constructed with oyster cultch instead of relaying seed
oysters as originally agreed. This change is necessary because of a
recent outbreak of oyster disease in the area which jeopardizes the
success of any oyster relay work at this time. This amendment will
not change the overall cost of the project. With this change, the
construction phase of the mitigation plan can be completed by the
summer of 1993.
If you have any questions or need additional information,
please contact Mr. Daniel Small, Environmental Resources Branch,
at [phone].
Sincerely,
Ralph L. Wofford
Contracting Officer
BCF:
CESAW-PD File

r?
b
d
1
w
State of North Carolina IT F
Department of Environment,
Health and Natural Resources LTA47teAi
Division of Environmental Management
James B, Hunt, Jr„ Governor
Jonathan B, Howes, , Secretary
p E H N F4
A. Preston Howard, Jr„ P,t„ Director
July '7, 1993
Coastland Times
P.O. BOX 400
Manteo, N.C. 27954
ATTN: Legal Ad Department
Dear Sir:
SUBJECT: Public Notice
Please publish the attached Public Notice one time in the
section set aside for Legal Advertisements in your newspaper.
The publication should run on or before July 16, 1993. Please
send the invoice for publication and three copies of the
affidavit of publication to the address given below. Payment
cannot be processed without the affidavit of publication.
N.C. Division of Environmental Management
Water Quality Section
Post Office 29535
Raleigh, North Carolina 27626-0535
Attn: John Dorney
If you have any questions concerning this matter, please call
me at 919/733-1786.
Sincerely,
i
John Dorney
Wetlands Group
PubNot.ltr/pw
cc: John Dorney
Washington DEM Region Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
NORTH CAROLINA DIVISION OF ENVIRONMENTAL
MANAGEMENT
PUBLIC NOTICE is hereby given that U.S. Army Corps of Engineers
near Wanchese, North Carolina, has applied to the North
Carolina Division of Environmental Management for a Water Quality
Certification pursuant to Section 401 of the Federal Clean Water
Act and Environmental Management Commission rules in 15A NCAC 2H
.0500 and 15A NCAC 2B .0109. The activity for which the
certification is sought is create a new dredge disposal island
about 12 miles from the junction of Old House Channel and Oregon
Inlet Channel, in Pamlico Sound in Dare County.
The public is invited to comment on the above mentioned
application to the Division of Environmental Management.
Comments shall be in writing and shall be received by the
Division no later than August 16, 1993. Comments should be sent
to N.C. Division of Environmental Management, Water Quality
Planning, Post Office Box 29535, Raleigh, North Carolina
27626-0535, Attention: John Dorney. A copy of the application
is on file at the Division office at 1424 Carolina Avenue,
Washington, North Carolina 27889 (Washington Regional Office
[phone]; Fax # [phone]) during normal business hours
and may be inspected by the public.
{I Preston Howard, 'Jr.
`Director
i
N.C. Division of
Environmental Management
DATE: July 8, 1991
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
MEMORANDUM
TO: Steve Benton
FROM: John Dom
O'r 1
eq -D
DATE: June 30, 1993
SUBJECT: COE Dredging Project
Old House Channel, Manteo (Shallowbag) Project
Dare County
DEM Project # 93162
The subject project has been reviewed by Central and Regional Office staff and the
following concerns must be addressed prior to the issuance of a 401 Water Quality
Certification for this project:
1. The construction of the sandbag retention dike will result in the loss of 12
acres of open water habitat. The Division is requesting information concerning
alternative disposal sites which will reduce this impact, such as expansion of
existing disposal areas.
2. The location of this dike is inconsistent with the original environmental
documentation prepared for this project therefore the Division will request
documentation that submerged aquatic vegetation, shellfish beds or other
fisheries habitat is not present in the proposed disposal area.
Central and Regional Office staff will conduct a site inspection of the proposed
disposal area on July 23, 1993. It is anticipated that the Division will make a decision
concerning this request no later than August 31, 1993 provided that all requested information
has been submitted. The decision concerning the 401 Water Quality Certification will be the
Division's position on this project. If you have questions concerning this matter please
contact Ron Ferrell at 919/733-1786.
oldhouse.dcm/ref-7

MEM(--)RANI?T!NI 3 " d 3d
Reviewer:
___
_
TO: John Dornel =-
LTC) -1 1.1-v . - ? ----
Plalming; F3raric!l1 DA`I'E:_
.=UBJECT: WETLAND STAFF REPORT AND 4Ei'c7MMF;NDATIr I1
**EACH ITEM MU'=T F?l? ANSWER ED (T1}?_?E td//A J?'C)k NOT APPLI:;AI_ti,E) ?*4
PERMIT YR: '-) 3 PERMIT NO: 0000162 CC,lJNTY: DARE
APPL I CANT NAME : (-'C)E - MA INT . I+R_ED( LNG, BETWEEI,,l J-(". M N
PRO,TE("T' TYPE : LRED(, INCl PEPM VTYPE : I?rinT 7 (;

CDA : ('OE
R(-''D
F,'; (`M DATE
FRMCDA : 02/23/9-1
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STREAM_CLA1,71S "TR---INDEX_Nt.) : 3 d -- 2. 2-
WL IMPA('T'? : Y/N 1,144 TYPE:
WL REOUE TED : Y / N
WL CORE # WATER IMPACTRD DY .FTLL?: Y/IyT
HYDRO (-'NE('T'? : Y/ N MITIGATION?: Y/ N
MITIGATIC)N `.TYPE: ML`T'i( A'IION I'LE:
I WETLAND RATI NG ,_1HEE`L' A TACHE )? : Y/N
RECI?MMENDATION (C ircle I ,UE T :"TJE/COND DENY
e
cc.: R <Yion1-1 ) ice
It ' JUN 2 8
WETLANDS (,.R r ij-
WATER (IALIT';
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO May 20, 1993
Planning Division
Mr. Steve Benton
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Benton:
In regard to your conversation on April 27, 1993, with
Mr. Daniel Small of my Environmental Resources Branch, the
U.S. Army Corps of Engineers, Wilmington District, is furnishing
the enclosed report for State review on the proposal to construct
and use a sandbag dredged material disposal island adjacent to
Old House Channel, Manteo (Shallowbag) Bay Project, Dare County,
North Carolina.
This information is being provided in order to clarify any
concerns regarding the need for the second sandbag island and
to document the need for locating the island on the east side
of Old House Channel instead of the west side as originally
proposed.
Construction of the second sandbag island is scheduled for
July or August of this year. Please send us any comments by
June 11, 1993, so that we will be able to meet the proposed
construction schedule.
Should you have any questions concerning the above, please
contact Mr. Small at [phone].
Sincerely,
Walter S. Tulloch
Colonel, Corps of Engineers
District Engineer
Enclosure
-2-
Copies Furnished (with enclosure):
,/Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. Debra Sawyer
Washington Regional Office
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
1424 Carolina Avenue
Washington, North Carolina 27889
Mr. Randall C. Wilson
Nongame Section Manager
Division of Wildlife Management
North Carolina Department of Environment,
Health, and Natural Resources
512 North Salisbury Street
Raleigh, North Carolina 27611
Mr. Tom Henson
Wildlife Resources Commission
North Carolina Department of Environment,
Health, and Natural Resources
Route 1, Box 274B
Chocowinity, North Carolina 27817
ALTERNATIVES ANALYIS
CONSTRUCTION OF SANDBAG DISPOSAL ISLAND
OLD HOUSE CHANNEL, DARE COUNTY, NORTH CAROLINA
A. Project Description. The sandbag retention island will be located
approximately 1.5 miles from the junction of Old House Channel and Oregon
Inlet Channel (figure 1). Construction of the sandbag dredged material
disposal island is needed in order to accommodate disposal of dredged material
from maintenance dredging of Old House Channel between Island MN (006-08) to
the north and the sandbag disposal island (Wells Island - 006-35) located
approximately 2.0 miles south of the junction. Wells Island was constructed
in 1988.
Construction of the 12-acre sandbag retention dike is scheduled for
the summer of 1993 and is expected to take approximately 1 to 2 months to
construct. The project is being coordinated with the National Marine
Fisheries Service, Beaufort Marine Laboratory, to further document whether
submerged grassbeds are in the area. Based on initial review of aerial
photography, there appears to be no submerged grassbeds located within the
general area of the proposed construction site.
Once the sandbag retention dike is constructed, dredged material from
maintenance dredging of Old House Channel will be placed within the confines
of the dike to construct the island. Dredged material from routine mainte-
nance dredging will be placed on the island using the control of effluent
method of disposal (i.e., allowing the effluent to flow back toward the
channel being dredged).
A hydrographic survey in the area of construction, dated November 1992,
shows that water depth is approximately 2 to 3 feet mean low water (m.l.w.)
on the east side of the channel. Depths on the west side of the channel
range from 7 to 10 feet m.l.w. Therefore, the sandbag retention dike will
be constructed on the east side instead of the west side of Old House Channel
as described in the Final Environmental Impact Statement. The site is remote.
A copy of the hydrographic survey is available upon request.
Approximately 4,000 cubic yards of predominantly fine to medium sand will
be excavated from the bottom in the vicinity of the construction site for the
filling of the nylon sandbags. The sand source is free from toxic material.
B. Environmental Documentation. The use of sandbag dredged material
disposal islands along Old House Channel is described in the Final
Environmental Impact Statement and the Final Supplement to the Environmental
Impact Statement for Manteo (Shallowbag) Bay Project, Dare County, North
Carolina, filed with the U.S. Environmental Protection Agency on April 29,
1979, and November 7, 1980, respectively. State Consistency concurrence
was received on September 19, 1980, for the Manteo (Shallowbag) Bay project,
which includes Old House Channel. A Section 404(b)(1) Evaluation (Public Law
95-217), dated December 12, 1977, was prepared for underwater sand filled bag
retention works associated with construction of disposal islands along Old
House Channel. Use of sandbag dredged material disposal islands as part of
1
the dredged material disposal plan for the Manteo (Shallowbag) Bay project
was approved prior to passage of the Clean Water Act (December 7, 1977). A
Section 401 Water Quality certification was requested from the North Carolina
Division of Environmental Management on February 5, 1993, to cover construc-
tion of the sandbag retention dike. A Public Notice describing the proposed
project will be prepared and circulated to Federal and State agencies and the
interested public prior to construction.
C. Alternatives. Dredged material disposal islands along Oregon
Inlet-Old House Channel are managed for colonially nesting waterbirds.
Material is scheduled for placement on the islands when feasible in order
to provide suitable habitat for pioneering bird species (i.e., birds pre-
ferring mounded bare sand with little if any vegetation). Dredged material
from maintenance dredging of Old House Channel is routinely placed on Islands
L (006-02) and MN. Elevations on these islands have reached a point where
wind borne sand is becoming a major problem for habitat management. For
bird management purposes, normal elevation of these islands should not
exceed 15 feet in height, since the higher the islands project upward into
the coastal winds the greater the likelihood of nesting failure due to nest
covering by shifting winds. Islands L and MN have already reached elevations
close to 15 feet.
Disposal islands along the channel are expanding into the surrounding
sound at a rapid rate along the nonchannel sides due to sand migration off of
the island. Any increases in the size of the islands enhances the likelihood
that predatory mammals can be sustained and become permanently established.
Placing additional sand on the islands would only exacerbate the problems
currently being experienced.
The feasibility of pumping maintenance dredged material to other dredged
material disposal islands along Oregon Inlet-Old House Channel has been
investigated as a possible alternative to construction of the sandbag island.
The District has agreed not to dispose on Island MN unless prior approval has
been obtained, because the island serves as a nesting area for brown pelicans.
Operational constraints due to the pumping distance to Island L which is the
nearest disposal island to the section of channel to be dredged (3-4 miles
maximum) limits the feasibility of this being a long-term management option
for the disposal of dredged material from the channel.
D. Mitigation Plan. Construction of the second sandbag island is part of
the operation and maintenance plan of the existing Manteo (Shallowbag) Bay
project. The sandbag retention dike will cover approximately 12 acres of
estuarine bottom in Pamlico Sound. The raising of estuarine bottom and any
associated mitigation is done in accordance with the U.S. Fish and Wildlife
Service Mitigation and Enhancement Plan dated August 21, 1980, for the Manteo
(Shallowbag) Bay project. The mitigation plan for the expansion and
maintenance of the Manteo (Shallowbag) Bay project requires that 0.66 acres
of oyster reefs be constructed for every acre of estuarine bottom raised above
mean high water. Funding of any mitigation is a Federal responsibility. Site
selection, construction, and maintenance of oyster reefs will be done through
a Memorandum of Agreement between the U.S. Army Corps of Engineers, Wilmington
District, and the North Carolina Division of Marine Fisheries, Shellfish
Rehabilitation Program.
2
The District has done a preliminary assessment of the total number of
acres of estaurine bottom raised from maintenance dredging since 1977 as a
result of the use of dredged material disposal islands along Old House Channel
and Oregon Inlet Channel. Attachment 1 shows the total number of acres of
estaurine bottom raised per island since 1977, based on planimetering work
done by the District using aerial photography taken in 1990. Through a
previous agreement with the State, only those acreages of estaurine bottom
raised as a result of disposal of maintenance dredged material on these
islands since 1977 will require mitigation. The acreages raised by the first
sandbag island in 1988 (Wells Island) is shown on attachment 1. The acreages
raised by the construction of the second sandbag island this summer will be
included in the overall number of acres of estaurine bottom shown on
attachment 1. Currently, the North Carolina Division of Marine Fisheries,
Shellfish Rehabilitation Program, is implementing the mitgation plan for the
recent expansion work associated with Island H. Construction of the oyster
reefs near Wanchese should be completed by the end of this year. At this
time, we recommend that this work be completed prior to any further mitigation
work in order that any experiences learned can be incorporated in future
plans.
3
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PROPOSED DISPOSAL
ISLAND (1993)
DIKED UNDERWATER
DISPOSAL AREAS
i•? ISLAND CONSTRUCTED
IN 1988 (NC-DR-006-35)
q?
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NORTH CAROLINA
DIKED UNDERWATER
DISPOSAL ISLANDS
SCALE IN FEET
>. 26 JANUARY 1993
Figure 1
MANTEO (SHALLOWBAG) BAY PROJECT
Manteo/Oregon lnlet-Old House Channel Disposal Islands
Disposal
Island
"B"
ffC1f
11 D"
11F11
"Gil
41 Hit
"Ll'
"M & N"
"Wells lsl."
"Sandshoal"
Note:
1977 1990 1977-1990
Acreage Acrea ge Change (+/-)
23.0 acres 11.5 acres -11.5 acres
60.3 acres 65.0 acres +04.7 acres
31.1 acres 49.8 acres +18.7 acres
43.9 acres 31.0 acres -12.9 acres
16.3 acres 14.6 acres -01.7 acres
18.1 acres 18.0 acres -00.1 acres
19.9 acres 57.4 acres +37.5 acres
41.4 acres 58.5 acres +17.1 acres
00.0 acres 19.9 acres +19.9 acres
00.0 acres 19.0 acres +19.0 acres
Net Total = +90.7 acres
1) Islands " A," "E," 111," and "J" have not been used since prior to 1977.
2) Island "K" has disappeared since 1977.
3) Islands "M" and "N" have merged since 1977.
4) Islands were planimetered using November 1977 aerial photography
and April 1990 aerial photography.
Attachment 1
7 ?.
ul?'
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 11 '1
Planning Division

y ?ti, ? Ca
Mr. Preston Howard, Acti
Division of Environmenta
North Carolina Departmen
Health, and Natural Re:
Post Office Box 27687
Raleigh, North Carolina
Dear Mr. Howard:
27611-7687
Enclosed is an Application for a
to Section 401 of Public Law 95-217,
associated with construction and use
island adjacent to Old House Channel,
County, North Carolina (figure 1).
1? 00- iq6 ?

1 te, 23"
DIV. OF IN

Water Quality Certification, pursuant
for discharge of dredged material
of a sandbag dredged material disposal
Manteo (Shallowbag) Project, Dare
The use of sandbag dredged material disposal islands along Old House
Channel is described in the Final Environmental Impact Statement and the
Final Supplement to the Environmental Impact Statement for Manteo (Shallowbag)
Bay Project, Dare County, North Carolina, filed with the U.S. Environmental
Protection Agency on April 29, 1979, and November 7, 1980, respectively.
State Consistency concurrence was received on September 19, 1980, for the
Manteo (Shallowbag) Bay project which includes Old House Channel. A Section
404(b)(1) Evaluation (Public Law 95-217), dated December 12, 1977, was
prepared for underwater sand filled bag retention works associated with
construction of disposal islands along Old House Channel. Since use of
sandbag dredged material disposal islands as part of the dredged material
disposal plan for the Manteo (Shallowbag) Bay project was approved prior
to passage of the Clean Water Act (December 7, 1977), this Section 401
application has been prepared to cover placement of the sandbag retention
dike. Once the sandbag retention dike is constructed, dredged material from
maintenance dredging of Old House Channel will be placed within the confines
of the dike to construct the island. Dredged material will be placed on the
island using the control of effluent method of disposal (i.e., allowing the
effluent to flow back toward the channel being dredged).
The sandbag retention island will be located approximately 12 miles from
the junction of Old House Channel and Oregon Inlet Channel. Construction of
the sandbag dredged material disposal island is needed in order to accommodate
disposal of dredged material from maintenance dredging of Old House Channel
between Island M and N to the north and the sandbag disposal island, which
was constructed in 1988. This island is located approximately 1.5 miles to
the south of the proposed site (figure 1).
-2-
A hydrographic survey in the area of construction, dated November
1992, shows that water depth is approximately 2 to 3 feet deep mean low
water (m.l.w.) on the east side of the channel. Depths on the west side
of the channel range from 7 to 10 feet deep m.l.w. Therefore, the sandbag
retention dike will be constructed on the east side instead of the west side
of Old House Channel as described in the Final Environmental Impact Statement.
A copy of the hydrographic survey is available upon request.
Construction of the 12-acre sandbag retention dike is scheduled for
the summer of 1993 and is expected to take approximately 1 to 2 months to
construct. Based on initial surveys, there are no submerged grassbeds or
shellfish beds located within the confines of the proposed construction site.
However, the project will be coordinated with the National Marine Fisheries
Service, Beaufort Marine Laboratory, to further document submerged grassbeds
in the area. Project construction will not interfere with nesting colonial
waterbirds. Once constructed, the island will be managed for colonially
nesting waterbird habitat. A Public Notice describing the proposed project
is being prepared and will be circulated to Federal and State agencies and
the interested public prior to construction.
The sandbag retention dike will cover approximately 12 acres of
estuarine bottom in Pamlico Sound. Therefore, the coverage of estuarine
bottom will be mitigated in accordance with the U.S. Fish and Wildlife
Service Mitigation and Enhancement Plan dated August 21, 1980, for the
Manteo (Shallowbag) Bay project. The mitigation plan for the expansion and
maintenance of the Manteo (Shallowbag) Bay project requires that 0.66 acres
of oyster reefs be constructed for every acre of estuarine bottom raised
above mean high water. Hence, approximately 7.92 acres (0.66 X 12) of oyster
reefs will be constructed in the Manteo (Shallowbag) Bay project area as
mitigation for the construction of this island. Site selection, construction,
and maintenance of the reefs will be done through a Memorandum of Agreement
between the U.S. Army Corps of Engineers, Wilmington District, and the North
Carolina Division of Marine Fisheries, Shellfish Rehabilitation Program.
Should you have any questions concerning the application, please contact
Mr. Daniel Small, Environmental Resources Branch, at [phone].
Sincerely,
Walter S. Tulloch
Colonel, Corps of Engineers
District Engineer
Enclosure
-3-
Copies Furnished (with enclosure):
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Steve Benton
Division of Cor;stal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

APPLICATION FOR WATER QUALITY CERTIFICATION
STATE OF NORTH CAROLINA
DATE: February 11, 1993
NANE: U.S. Army Corps of Engineers
Wilmington District
Post Office Box 1890
Wilmington, North Carolina 28402-1890
RESPONSIBLE INDIVIDUAL: Walter S. Tulloch
Colonel, Corps of Engineers
District Engineer
PROJECT NAME: Manteo (Shallowbag Bay) Project, Dare County, North Carolina
NATURE OF ACTIVITY: The proposed action involves discharge of material
associated with construction of a sand filled nylon bag retention dike in open
waters adjacent to Old House Channel. The sandbag retention dike will be used
for the disposal of dredged material from maintenance dredging of Old House
Channel (figure 1).
DISCHARGE OF: Material associated with the filling of nylon sandbags, and the
disposal of maintenance dredged material within the dike using the control of
effluent method of disposal.
PROPOSED ACTIVITY TO BEGIN: Summer of 1993
LOCATION OF DISCHARGE:
Municipality: Not applicable
County: Dare
Drainage Basin: Tar-Pamlico
Receiving Waters: Pamlico Sound
Point of Discharge: Within the designated site for the construction of
the sandbag retention dike.
NATURE OF RECEIVING WATERS:
Type: Sound
Nature: Estuarine
Direction of Flow: Diffused, depending on tidal conditions.
DESCRIPTION OF TREATMENT FACILITIES IF ANY PRIOR TO DISCHARGE INTO RECEIVING
WATERS: N/A
1
TYPE OF DISCHARGE INCLUDING CHEMICAL COMPOSITION. QUANTITY. FREQUENCY,
TEMPERATURE. AND KINDS AND QUANTITIES OF POLLUTANTS OR CONTAMINANTS:
Approximately 4,000 cubic yards of material will be excavated from the bottom
of the sound in the immediate vicinity of the construction site. The material
used for the filling of the nylon sandbags will consist of predominately fine
to medium grain sand. The sandbag retention dike will be constructed in open
water east of the navigation channel at depths of between 2 to 3 feet mean low
water. The bags will extend approximately 1 foot out of the water. The site
is remote. The sand source for the filling of the nylon bags is predominantly
sand and is free from toxic materials.
TYPE. DIAMETER, OR CROSS-SECTION AND LENGTH OF CONVEYANCE OF DISCHARGE: The
nylon sandbags will be filled onsite hydraulically using a portable hydraulic
pump mounted in a skiff.
PROJECTED FUTURE VARIATION IN THE NATURE OF THE DISCHARGE: Dredged material
from maintenance dredging of Old House Channel using a hydraulic pipeline
dredge will be placed within the confines of the dike using the control of
effluent method of disposal of dredged material.
NAME AND ADDRESS OF ADJOINING RIPARIAN OWNERS: N/A
I certify that all information contained herein or in support thereof is true
and correct to the best of my knowledge.
Walter S. Tulloch
Colonel, Corps of Engineers
District Engineer
Attachment
2

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ISLAND CONSTRUCTED SCALE IN FEET
IN 1988 28 JANUARY 1993
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 11, 1993
Planning Division
Mr. Preston Howard, Acting Director
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Howard:
Enclosed is an Application for a
to Section 401 of Public Law 95-217,
associated with construction and use
island adjacent to Old House Channel,
County, North Carolina (figure 1).

Water Quality Certification, pursuant
for discharge of dredged material
of a sandbag dredged material disposal
Manteo (Shallowbag) Project, Dare
The use of sandbag dredged material disposal islands along Old House
Channel is described in the Final Environmental Impact Statement and the
Final Supplement to the Environmental Impact Statement for Manteo (Shallowbag)
Bay Project, Dare County, North Carolina, filed with the U.S. Environmental
Protection Agency on April 29, 1979, and November 7, 1980, respectively.
State Consistency concurrence was received on September 19, 1980, for the
Manteo (Shallowbag) Bay project which includes Old House Channel. A Section
404(b)(1) Evaluation (Public Law 95-217), dated December 12, 1977, was
prepared for underwater sand filled bag retention works associated with
construction of disposal islands along Old House Channel. Since use of
sandbag dredged material disposal islands as part of the dredged material
disposal plan for the Manteo (Shallowbag) Bay project was approved prior
to passage of the Clean Water Act (December 7, 1977), this Section 401
application has been prepared to cover placement of the sandbag retention
dike. Once the sandbag retention dike is constructed, dredged material from
maintenance dredging of Old House Channel will be placed within the confines
of the dike to construct the island. Dredged material will be placed on the
island using the control of effluent method of disposal (i.e., allowing the
effluent to flow back toward the channel being dredged).
The sandbag retention island will be located approximately 12 miles from
the junction of Old House Channel and Oregon Inlet Channel. Construction of
the sandbag dredged material disposal island is needed in order to accommodate
disposal of dredged material from maintenance dredging of Old House Channel
between Island M and N to the north and the sandbag disposal island, which
was constructed in 1988. This island is located approximately 1.5 miles to
the south of the proposed site (figure 1).
I.
-2-
A hydrographic survey in the area of construction, dated November
1992, shows that water depth is approximately 2 to 3 feet deep mean low
water (m.l.w.) on the east side of the channel. Depths on the west side
of the channel range from 7 to 10 feet deep m.l.w. Therefore, the sandbag
retention dike will be constructed on the east side instead of the west side
of Old House Channel as described in the Final Environmental Impact Statement.
A copy of the hydrographic survey is available upon request.
Construction of the 12-acre sandbag retention dike is scheduled for
the summer of 1993 and is expected to take approximately 1 to 2 months to
construct. Based on initial surveys, there are no submerged grassbeds or
shellfish beds located within the confines of the proposed construction site.
However, the project will be coordinated with the National Marine Fisheries
Service, Beaufort Marine Laboratory, to further document submerged grassbeds
in the area. Project construction will not interfere with nesting colonial
waterbirds. Once constructed, the island will be managed for colonially
nesting waterbird habitat. A Public Notice describing the proposed project
is being prepared and will be circulated to Federal and State agencies and
the interested public prior to construction.
The sandbag retention dike will cover approximately 12 acres of
estuarine bottom in Pamlico Sound. Therefore, the coverage of estuarine
bottom will be mitigated in accordance with the U.S. Fish and Wildlife
Service Mitigation and Enhancement Plan dated August 21, 1980, for the
Manteo (Shallowbag) Bay project. The mitigation plan for the expansion and
maintenance of the Manteo (Shallowbag) Bay project requires that 0.66 acres
of oyster reefs be constructed for every acre of estuarine bottom raised
above mean high water. Hence, approximately 7.92 acres (0.66 X 12) of oyster
reefs will be constructed in the Manteo (Shallowbag) Bay project area as
mitigation for the construction of this island. Site selection, construction,
and maintenance of the reefs will be done through a Memorandum of Agreement
between the U.S. Army Corps of Engineers, Wilmington District, and the North
Carolina Division of Marine Fisheries, Shellfish Rehabilitation Program.
Should you have any questions concerning the application, please contact
Mr. Daniel Small, Environmental Resources Branch, at [phone].
Sincerely,
Walter S. Tulloch
Colonel, Corps of Engineers
District Engineer
Enclosure
-3-
Copies Furnished (with enclosure):
? Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Steve Benton
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
APPLICATION FOR WATER QUALITY CERTIFICATION
STATE OF NORTH CAROLINA
DATE: February 11, 1993
NAME: U.S. Army Corps of Engineers
Wilmington District
Post Office Box 1890
Wilmington, North Carolina 28402-1890
RESPONSIBLE INDIVIDUAL: Walter S. Tulloch
Colonel, Corps of Engineers
District Engineer
PROJECT NAME: Manteo (Shallowbag Bay) Project, Dare County, North Carolina
NATURE OF ACTIVITY: The proposed action involves discharge of material
associated with construction of a sand filled nylon bag retention dike in open
waters adjacent to Old House Channel. The sandbag retention dike will be used
for the disposal of dredged material from maintenance dredging of Old House
Channel (figure 1).
DISCHARGE OF: Material associated with the filling of nylon sandbags, and the
disposal of maintenance dredged material within the dike using the control of
effluent method of disposal.
PROPOSED ACTIVITY TO BEGIN: Summer of 1993
LOCATION OF DISCHARGE:
Municipality: Not applicable
County: Dare
Drainage Basin: Tar-Pamlico
Receiving Waters: Pamlico Sound
Point of Discharge: Within the designated
the sandbag retention dike.
NATURE OF RECEIVING WATERS:
site for the construction of
Type: Sound
Nature: Estuarine
Direction of Flow: Diffused, depending on tidal conditions.
DESCRIPTION OF TREATMENT FACILITIES IF ANY PRIOR TO DISCHARGE INTO RECEIVING
WATERS: N/A
1
ItMrtKAIUKt. AMU KINUJ AMU UUANIIIItb Ur PULLUTANIJ UK LUNIAMINRMIJ:
Approximately 4,000 cubic yards of material will be excavated from the bottom
of the sound in the immediate vicinity of the construction site. The material
used for the filling of the nylon sandbags will consist of predominately fine
to medium grain sand. The sandbag retention dike will be constructed in open
water east of the navigation channel at depths of between 2 to 3 feet mean low
water. The bags will extend approximately 1 foot out of the water. The site
is remote. The sand source for the filling of the nylon bags is predominantly
sand and is free from toxic materials.
TYPE. DIAMETER. OR CROSS-SECTION AND LENGTH OF CONVEYANCE OF DISCHARGE: The
nylon sandbags will be filled onsite hydraulically using a portable hydraulic
pump mounted in a skiff.
PROJECTED FUTURE VARIATION IN THE NATURE OF THE DISCHARGE: Dredged material
from maintenance dredging of Old House Channel using a hydraulic pipeline
dredge will be placed within the confines of the dike using the control of
effluent method of disposal of dredged material.
NAME AND ADDRESS OF ADJOINING RIPARIAN OWNERS: N/A
I certify that all information contained herein or in support thereof is true
and correct to the best of my knowledge.
Walter S. Tulloch
Colonel, Corps of Engineers
District Engineer
Attachment
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--PROPOSED DISPOSAL
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DIKED UNDERWATER
DISPOSAL ISLANDS
ISLAND CONSTRUCTED SCALE IN FEET
IN 1988 28 JANUARY 1993
Figure 1
State of North Carolina
Department of Environment,
Health and Natural Resources A r4*oA
Division of Environmental Management
James B. Hunt, Jr., Governor p E H N F?
Jonathan B. Howes, Secretary
A, Preston Howard, Jr- P.E., Director
January 7, 1994
MEMO
TO: Steve Benton iFROM: John Dorn 4p_ ?A"
RE: DEM comments on Co s modifications to Sandbag Dredge
Material Disposal Island
DEM #93162
Dare County
DEM has reviewed the proposed modification sent to Roger
Schecter dated 20 December 1993. We have no concerns with
proposed modification.
Please call me if you have questions.
93162 me
cc: Deborah Sawyer, WaRo
Central Files
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