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HomeMy WebLinkAbout19930622 Ver 1_COMPLETE FILE_19930722State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary June 30, 1993 Colonel Walter Tulloch District Engineer U.S. Army Corps of Engineers Wilmington District P.O. Box 1890 Wilmington, NC 28402-1890 [D F= F1 '- JUG ? 1993 REFERENCE: CD93-20: EA/FONSI Maintenance of Atlantic Intracoastal Waterway (AIWW) Alligator Pungo Land Cut, Range 3, Hyde County; North Carolina Dear Colonel Tulloch: The State of North Carolina has completed its review pursuant to 15 CFR 930 Subpart C - Consistency for Federal Activities, of the subject document for the proposed maintenance of the Atlantic Intacoastal Waterway Alligator Pungo Land Cut with disposal of dredged material on adjacent upland diked disposal areas. This method of disposal will replace the toe of slope practice which has been used during prior maintenance. Based upon our review, have determined that the proposed project is consistent with the enforceable policies and standards of the North. Carolina Coastal Management Program, provided the following conditions are met: 1. A 401 Water Quality Certification is received if required, from the ITC Division of Environmental Management. 2. An erosion and sedimentation plan must be submitted to the NC Division of Land Resources at least 30 days prior to the commencement of work. At your request we agree to waiver the 90 day waiting period per 15 CFR 930.41(c). If you have any questions regarding our finding, condition, or comments, please contact Steve Benton or Caroline Bellis, Division of Coastal Management, at (919)733-2293. Sincerely, Roger N. Schecter P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Oppor;unr y Atfirmotive Action Employer 509k- recycled;' 10% post-consumer paper cc: Terry Moore, NC Division of Coastal Management, Washington Jenny Owens, US Army Corps of Engineers, Wilmington District Chrys Baggett, NC State Clearinghouse Floyd Williams, NC Division of Land Resources John Dorney, NC Division of Environmental Management 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 September 2, 1993 Col. W.S. Tulloch c/o Jenny Owens U.S. Army of Corps of Engineers Wilmington District P.O. Box 1890 Wilmington, N.C. 28402 Dear Mrr Tulloch: AAA ID FE F=1 Subject: Proposed fill in Wetlands or Waters Return water from maintenance dredging, AIWW Hyde County DEM Project # 93622 Upon review of your request for 401 Water Quality Certification to place fill material in waters which are tributary to Alligator Pungo Land Cut, AIWW for maintenance dredging located at AIWW in Hyde County as described in your submittal dated 21 July 1993, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2668. A copy of the General Certification is attached. This Certification may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 16. 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. 1786. If you have any questions, please contact John Dorney at 919-733- Sincerely, reston Howar r. P.E. 93622.1tr Attachment ?Jt cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office a", J h AWD-6 rr Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper 1_ke4.dGp J 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 June 7, 1993 MEMORANDUM To: Melba McGee Through: Monica Swihart John Dorn From: Eric Galamb ct1 Subject: EA/FONSI Maintenance Dredging of Hyde County EHNR # 93-0913,. DEM WO # 9318 M15TA ,&14 1* 2 ID I== Fs,,-.J F1 Alligator Pungo Land Cut The subject document has been reviewed by this office. The Division of Environmental Management is responsible for the issuance of the Section 401 Water Quality Certification for activities which may impact waters of the state including wetlands. A 401 Certification will be required for the subject project. Questions regarding the 401 Certification should be directed to Eric Galamb in DEM's Water Quality Planning Branch. aligpung.ea cc: Eric Galamb P.O. Box 29535, Raleigh, North Carolina 27626-0635 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper DEPARTMENT OF ENVIRONMENTMEALTHAMD NATURAL RESOURCES DIVISION OF PLANNING AND ASSESSMENT PROJECT REVIEW I='C)RM TITLE - EA/FONSI FOR THE MAINTENANCE DREDGING OF THE. ALLIGATOR PUNGO LAND CUT, ATLANTIC INTF ACOASTAL WATERWAY, HYDE COUNTY PROJECT COUNTY - HYDE= Dr=ATE - 05/12/93 RESPONSE DUI= DATE i t1°""?? xv sy i 1993 MAY 17 93/sk DISTRIBUTION LIST DIVISION OF MARINE FISHERIES DIVISION OF COASTAL MANAGEMENT WILDLIFE ENVIRONMENTAL HEALTH FOREST RESOURCE: SOIL AND WATER WASHINGTON REGIONAL OFFICE' AQ, WQ, GW, LQ ENVIRONMENTAL MANAGEMENT t: GW ) E NVI f':ONMEr? T AL MANAGEMENT (WQ) PARKS AND RECREATION WATER PLANNING OTHER _...._____._._...____.__.._.._._.._........_. WATER C;?s?Ll1'Y SECTION MANAGER EIGN-OFF/REGION: IN-HOUSE REVIEWER/AGENC:Y : DATE: DATE: AS A RESULT OF THIS REVIEW, THE FOLLOWING IS SUBMITTED: NO OBJECTION TO PROJECT AS PROPOSED NO COMMENT INSUFFICIENT INFORMATION _ CONSISTENCY STATEMENT NEEDED NOT NEEDED OTHER (SPECIFY AND ATTACH COMMENTS) ENVIRONMENTAL DOCUMENT' SEQUIRED UNDER THE PROVISIONS, OF NEPA AND SEPA RETURN TO MELBA MCGEE, DIVISION OF PLANNING AND ASSESSMENT MEMORANDUM PRINT NAMES: Reviewer: TO: John Dorney WQ Supv.: Planning Branch DATE: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) *** PERMIT YR: 93 PERMIT NO: 0000622 COUNTY: HYDE APPLICANT NAME: ALLIGATOR PUNGO LAND CUT PROJECT TYPE: DREDGE DISPOSAL PERMIT _TYPE: NW16 CUE #: DOT-#: RCD_FROM_CDA: COE DATE_FRM_CDA: 07/21/9 REGOFFICE- . WARO RIVER-AND-SUB-BASIN-*: STREAM-CLASS: : C III 5 ZA) STR_INDEX_NO : WL_IMPACT? : Y1 WT -TYPE: WL REQUESTED: WL ACR EST?: Y; N WL SCORE(#): WATER IMPACTED BY FILL?: YIN HYDRO CNECT?: YIN MITIGATION?: YIN MITIGATION TYPE: MITIGATION SIZE: IS WETLAND RATING SHEET ATTACHED?: YIN RECOMMENDATION ( Circ.I One) : ISStTE SSUE/ COND DENY COMMENTS: cc: Regional Office Central Files AUG 19 1993 'ER IJl?1lTvscrrp :, IMPORTANT To _ Date Time WHILE YOU VE?.O?? M ')' / J'i V ? _ of Phone AREA CODE NUMBER EXTENSION CSJ ' `??/K ! C??? Message j??7 -14e Sign d TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL N.C. Dept. of Environment, Health, and Natural Resources ?v v(? Printed on Recycled Paper IMPORTA NT To Date Time WHILE YOU WERE OUT 1 QMS of- Phone : / AREA CODE NUMBER EXTENSION ? UV Ia ? . J S fined Message 3N.C. Dept. of Environment, Health, and Natural Resources TELEPHONED LEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CAL ?]?(? Printed on Recycled Paper ?. sour, RECEIVED ,'WASHINGTON OFFICE •' 1 y. y ?. State of North Carolina" Department of Environment, Health, and Natural Resources Division of Coastal Management 225 North McDowell Street • Raleigh, North Carolina 27602 JUN 2 8 1993 05/18/93 . _ ,_. WETLANDS GRKY Mr. Jim Mulligan NC DEN&NR Div. Environmental Management P.O. Box 1507 Washington, NC 27889 REFERENCE: CD93-20 County: Hyde Applicant/Sponsor: U.S. Army Corps of Engineers CD - Maintenance Dredging of the AIWW, Alligator Pungo Land Cut Dear Mr. Mulligan: The attached Consistency Determination, dated 05/07/93 describing a proposed Federal Activity is being circulated to State agencies for comments concerning the proposal's consistency with the North Carolina Coastal Management Program. Please indicate your viewpoint g?nn the proposal and return this form to me before 06/01/93 Si "rely, Ste en B. Benton consistency coordinator REPLY This office objects to the project as proposed. Comments on this project are attached. . This office rte the project proposal. _Jz No Comment. Signed Date Agency ac'T}, - Lc3 Q - GJ4 ?1 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 DIVISION OF ENVIRONMENTAL MANAGEMENT 23 June 1993 MEMORANDUM JUN 1993 all TO: Nancy Smith Regional Manager FROM: Deborah Sawyer ?- Environmental Technician SUBJ: A-95 Review - Project # 93-0913 EA/FONSI - AIWW, Alligator Pungo Land Cut Hyde County This office has reviewed the above subject document. The U. S. Army Corps of Engineers is proposing to maintenance dredge the AIWW at the Alligator Pungo Land Cut. Upland diked disposal is proposed for the spoil material. A Section 401 Water Quality Certification will be required prior to commencement of this activity. This project is presently being reviewed for issuance of the section 401 Water Quality Certification. Since no wetlands are proposed to be filled within the confined spoil area, this office has no objections to the project as proposed. It should be noted, however, that the turbidity in the receiving waters should not exceed 25 NTU. Best Management Practices should be employed in order to comply with State Water Quality Standards. Thank you. C) 3coaa DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO July 14, 1993 Planning Division Mr. John Dorney Water Quality Planning Division of Environmental Management North Carolin=? Department of Environment, Health, and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Dear Mr. Dorney: D Il d 2 11993 ,i Enclosed is an application for Water Quality Certification, pursuant to Section 401 of P.L. 95-217, to place maintenance dredged material from the Alligator Pungo Land Cut in adjacent upland diked disposal sites as described in the Environmental Assessment and Finding of No Significant Impact, Maintenance of Atlantic Intracoastal Waterway (AIWW), Alligator Pungo Land Cut, Range 3. Hyde County, North Carolina, dated May 1993. It has been determined that this work satisfies the conditions of Nationwide Permit 33 CFR 330.5(a)(16), Return Water From Upland Contained Disposal Areas, and the North Carolina Division of Environmental Management General Water Quality Certification (GC) No. 2668. The Environmental Assessment and Finding of No Significant Impact for this Nationwide Permit was completed on November 19, 1991, and GC No.- 2668 was issued on January 21, 1992. Work is scheduled to begin in October 1993 and will require approximately 150 days to complete. Therefore, if at all possible, we would like to have your decision on our application by August 15, 1993, to allow sufficient time for preparation of plans and specifications. Should you have any questions concerning the enclosed application, please contact Ms. Jenny Owens, Environmental Resources Branch, at (919) 251-4757. Sincerely, Wal fer S. Tul l och Yngineers Colonel, Corps of District Engineer Enclosure i f ,.,„ DEM ID: Mail Completed Application to: Water Quality Planning Division of Environmental Management NC Department of Environment, Health, and Natural Resources P.O. Box 29535 Raleigh, NC 27626-0535 ATTN: MR. JOHN DORNEY Ph. (919) 733-1786 U.S. ARMY CORPS OF ENGINEERS APPLICATION FOR 401 WATER QUALITY CERTIFICATION 1. DATE: July 14, 1993 2. NAME/ADDRESS: U.S. Army Corps of Engineers Wilmington District Post Office Box 1890 Wilmington, North Carolina 28402-1890 3. RESPONSIBLE INDIVIDUAL: Walter S. Tulloch Colonel, Corps of Engineers District Engineer 4. NAME OF CORPS OF ENGINEERS CONTACT: Jenny Owens 5. TYPE OF APPLICATION: Nationwide Permit (NWP) No. 16 General Certification (GC) No. 2668 issued on January 21, 1992 New Application 6. PROJECT NAME: Alligator Pungo Land Cut 7. DESCRIPTION OF PROPOSED WORK: The proposed action involves disposal of approximately 185,000 cubic yards of maintenance dredged material from the Alligator Pungo Land Cut, Atlantic Intracoastal Waterway (AIWW), Hyde County, North Carolina, within upland diked disposal sites on the north side of the channel. The upland diked disposal sites are designed to maximize solids retention. 8. PURPOSE OF PROPOSED WORK: The currently used toe of the bank disposal allows material to flow back into the channel at an undesirably fast rate, increasing the frequency of dredging. Upland diked disposal is proposed as a means of decreasing the frequency of dredging by disposing of all dredged material in upland diked disposal sites, thereby completely removing the material from the system. 9. PROPOSED ACTIVITY TO BEGIN: Fall 1993 10. DURATION OF ACTIVITY: 150 days 11. DISCHARGE OF: X Dredged Material Fill Material 12. LOCATION OF DISCHARGE: Municipality: N/A County: Hyde County Drainage Basin: Tar-Pamlico Receiving Waters: Alligator Pungo Land Cut, AIWW 13. NATURE OF RECEIVING WATERS: Type: Coastal Nature: Brackish Direction of Flow: Variable 14. TYPE OF DISCHARGE INCLUDING CHEMICAL COMPOSITION: Predominantly fine, gray sandy material with lesser amounts of silt and clay will be discharged into the upland diked disposal site. The effluent of the confined site will consist of water and sediment particulates which have not settled. 15. PROJECTED FUTURE VARIATION IN THE NATURE OF THE DISCHARGE: Material dredged from Alligator Pungo Land Cut will vary insignificantly in the future. 16. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS SA, HOW, OR ORW? - YES (circle one) X NO 17. NUMBER OF ACRES OR VOLUME OF WETLANDS IMPACTED BY THE PROPOSED PROJECT: Filled: None Excavated: None Total Impacted: None 18. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT AS PLANNED. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS: Failure to implement maintenance dredging with the proposed upland diked disposal sites and continuing to use toe of the bank disposal would result in a continued increase in the frequency of dredging, thereby increasing the environmental effects of maintaining the channel to its current dimensions. 19. HAVE ANY SECTION 401 CERTIFICATES BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES X NO IF YES, EXPLAIN: I certify that all information contained herein or in support thereof is true and correct to the best of my knowledge. alt S. Tu och Colonel, Corps of gineers District Engineer DATE : l'Y k [ ` 3 Attachment For prompt processing, submit: Seven (7) copies of completed application Drawings of proposed dredge and disposal sites Copies of previous 401 Certifications 2 Proposed Disposal Sites. n3lo ? ? Mail Completed Application to: Water Quality Planning Division of Environmental Management NC Department of Environment, Health, and Natural Resources P.O. Box 29535 Raleigh, NC 27626-0535 ATTN: MR. JOHN DORNEY Ph. (919) 733-1786 DEM ID: U.S. ARMY CORPS OF ENGINEERS APPLICATION FOR 401 WATER QUALITY CERTIFICATION 1. DATE: July 14, 1993 2. NAME/ADDRESS: U.S. Army Corps of Engineers Wilmington District Post Office Box 1890 Wilmington, North Carolina 28402-1890 3. RESPONSIBLE INDIVIDUAL: Walter S. Tulloch Colonel, Corps of Engineers District Engineer 4. NAME OF CORPS OF ENGINEERS CONTACT: Jenny Owens 5. TYPE OF APPLICATION: Nationwide Permit (NWP) No. 16 General Certification (GC) No. 2668 issued on January 21, 1992 New Application 6. PROJECT NAME: Alligator Pungo Land Cut 7. DESCRIPTION OF PROPOSED WORK: The proposed action involves disposal of approximately 185,000 cubic yards of maintenance dredged material from the Alligator Pungo Land Cut, Atlantic Intracoastal Waterway (AIWW), Hyde County, North Carolina, within upland diked disposal sites on the north side of the channel. The upland diked disposal sites are designed to maximize solids retention. 8. PURPOSE OF PROPOSED WORK: The currently used toe of the bank disposal allows material to flow back into the channel at an undesirably fast rate, increasing the frequency of dredging. Upland diked disposal is proposed as a means of decreasing the frequency of dredging by disposing of all dredged material in upland diked disposal sites, thereby completely removing the material from the system. 9. PROPOSED ACTIVITY TO BEGIN: Fall 1993 10. DURATION OF ACTIVITY: 150 days 11. DISCHARGE OF: X Dredged Material Fill Material 12. LOCATION OF DISCHARGE: Municipality: N/A County: Hyde County Drainage Basin: Tar-Pamlico Receiving Waters: Alligator Pungo Land Cut, AIWW 13. NATURE OF RECEIVING WATERS: Type: Coastal Nature: Brackish Direction of Flow: Variable 14. TYPE OF DISCHARGE INCLUDING CHEMICAL COMPOSITION: Predominantly fine, gray sandy material with lesser amounts of silt and clay will be discharged into the upland diked disposal site. The effluent of the confined site will consist of water and sediment particulates which have not settled. 15. PROJECTED FUTURE VARIATION IN THE NATURE OF THE DISCHARGE: Material dredged from Alligator Pungo Land Cut will vary insignificantly in the future. 16. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS SA, HOW, OR ORW? - YES (circle one) X NO 17. NUMBER OF ACRES OR VOLUME OF WETLANDS IMPACTED BY THE PROPOSED PROJECT: Filled: None Excavated: None Total Impacted: None 18. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT AS PLANNED. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS: Failure to implement maintenance dredging with the proposed upland diked disposal sites and continuing to use toe of the bank disposal would result in a continued increase in the frequency of dredging, thereby increasing the environmental effects of maintaining the channel to its current dimensions. 19. HAVE ANY SECTION 401 CERTIFICATES BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES X NO IF YES, EXPLAIN: I certify that all information contained herein or in support thereof is true and correct to the best of my knowledge. alt S. Tu och Colonel, Corps of gineers District Engineer DATE : P Y (- C 3 Attachment For prompt processing, submit: * Seven (7) copies of completed application * Drawings of proposed dredge and disposal sites * Copies of previous 401 Certifications Proposed Disposal Sites. US Army Corps of Engineers Wilmington District Environmental Assessment and Finding of No Significant Impact Maintenance of Atlantic Intracoastal Waterway (AIWW) Alligator Pungo Land Cut, Range 3 Hyde County, North Carolina May 1993 ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT MAINTENANCE OF ATLANTIC INTRACOASTAL WATERWAY (AIWW) ALLIGATOR PUNGO LAND CUT, RANGE 3 HYDE COUNTY, NORTH CAROLINA Table of Contents 1.00 PROJECT DESCRIPTION . . . . . . . . . . . . . . . . . . 1 1.01 Project Authorization and History . . . . . . . . . 1 1.02 Proposed Action . . . . . . . . . . . . . . . . . . 1 1.03 Purpose and Need . . . . . . . . . . . . . . . . . 5 2.00 ALTERNATIVES . . . . . . . . . . . . . . . . . . . . . 7 2.01 Beach Disposal . . . . . . . . . . . . . . . . . . 7 2.02 Control of Effluent Disposal . . . . . . . . . . . 7 2.03 No Action Alternative . . . . . . . . . . . . . . . 7 3.00 ENVIRONMENTAL EFFECTS . . . . . . . . . . . . . . . . . 8 3.01 Water Quality . . . . . . . . . . . . . . . . . . 8 3.02 Marine Resources . . . . . . . . . . . 9 3.03 Wetlands . . . . . . . . . . . . . . . . . . . . . 9 3.04 Terrestrial Resources . . . . . . . . . . . . . . . 9 3.05 Threatened and Endangered Species . . . . . . . . . to 3.06 Archaeological/Historical Resources . . . . . . . . 14 3.07 Recreation and Aesthetic Resources . . . . . . . . 14 4.00 RELATIONSHIP TO LAND USE PLANS . . . . . . . . . . . . 14 5.00 RELATIONSHIP TO N.C. COASTAL AREA MANAGEMENT PROGRAM 14 6.00 COORDINATION . . . . . . . . . . . . . . . . . . . . . 14 7.00 LIST OF RECIPIENTS . . . . . . . . . . . . . . . . . . 15 8.00 REFERENCES . . . . . . . . . . . . . . . . . . . . . . 16 9.00 FINDING OF NO SIGNIFICANT IMPACT (FONSI) . . . . . . . 17 List of Figures Figure 1. Alligator Pungo Land Cut, Project Area............ 2 Figure 2. Alligator Pungo Land Cut, Maintenance Dredging.... 3 Figure 3. Alligator Pungo Land Cut, Disposal Sites.......... 4 Figure 4. Alligator Pungo Land Cut, Boat Traffic............ 6 Figure 5. Alligator Pungo Land Cut, Terrestrial Resources... 12 Figure 6. Alligator Pungo Land Cut, Terrestrial Resources... 13 ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT MAINTENANCE OF ATLANTIC INTRACOASTAL WATERWAY (AIWW) ALLIGATOR PUNGO LAND CUT, RANGE 3 HYDE COUNTY, NORTH CAROLINA 1.00 PROJECT DESCRIPTION 1.01 Proiect Authorization and History The River and Harbor Acts of 1912, 1917, and 1918 authorized a channel 12 feet deep, 90 feet wide in land cuts to 300 feet wide in open waters, to be constructed from Norfolk, Virginia, to Beaufort, North Carolina (Figure 1). Construction of the Alligator Pungo Land Cut began in 1923 and was completed in 1929. Maintenance dredging of this channel with disposal of dredged material along the base of the cut bank on either side of the channel (toe of the bank) was discussed in the FEIS, Maintenance of the Atlantic Intracoastal Waterway, North Carolina, filed with the Council on Environmental Quality on November 6, 1975. Prior to 1975 all dredged material was placed on the top of the north bank of the channel and was unconfined. Since that time, dredged material has been placed on the toe of the bank. The project has been maintained a total of 13 times since original construction and was last maintained in 1991 when approximately 190,000 cubic yards of material were dredged and disposed of along the toe of the bank (Figure 2). 1.02 Proposed Action The proposed action involves disposal of maintenance dredged material within upland diked disposl sites adjacent to the channel from the Alligator Pungo Land Cut, Hyde County, North Carolina (Figure 3). The estimated quantity of material to be removed to a depth of 14 feet below mean low water (mlw) (-12 feet mlw plus 2 feet overdepth) is approximately 185,000 cubic yards of predominately fine, gray sands with lesser amounts of silt and clay. The frequency of dredging for this portion of the Atlantic Intracoastal Waterway (AIWW) is once every 2 to 3 years. Dredging would be accomplished by a hydraulic pipeline dredge selected by competitive bidding, and dredging would take place between September 1 and March 31 of any given year to avoid impacts to migratory juvenile finfish due to dredging. Although upland diked disposal is preferred, the currently used method of disposal (toe of the bank) would remain an option for future maintenance dredging as a provision against shoreline erosion. The AIWW right-of-way in the project area is approximately 800 feet from the channel centerline to the north and 200 feet from the centerline to the south. The lands on the north side of the channel were used for previous dredged material disposal CAPE LOOKOUT 1111 1?1? vP 0 0 10 2.0 30 40 SO I_ . . 1 MILES BEGIN A.I.W.W. WILMINGTON DISTRICT _ PO' No1Nros Nkr Oaocoke onset P? OG? Figure 1. Alligator Pungo Land Cut, Hyde County, North Carolina. VIRG!^ T NORTH CA.:JLINA New Ber I 1 I O N 5 L O W Jacksonville a Coe. ?' P E N O E R kwa ?" ,r e' . A- Masonboro k" tait UNSWICK Alligator Pungo 2 Figure 2. Alligator Pungo Land Cut, Hyde County, NC Maintenance dredging since completion in 1929. 3! s • y • F.. f 11 1 • - f L 1 ?• 111 w J • 1 • EXTENT OF DREDGING • p+iR , ? IRRIGATION •. DEM rr, T 1. ? ?. I. Z M iy •d-w ?, t? - j• • •• 1 v 4 ? ? I r` EXTENT OF DREDGING Xa ra • v y r 4, ? • IRRIGATION ?C$ x' \ glligator Pungo Land Cut, NC r J Proposed Disposal Areas NN • Ge N C ... l5! asn 15 N45 CALE S I NlI 0 0 1000 2000 3000 4000 5000 fm Figure 3. Alligator Pungo Land Cut, .Hyde County, NC Proposed Disposal Sites. during original construction of the Alligator Pungo land cut and subsequent maintenance dredging, thereby creating an area of uplands along the entire length of the project area. These uplands are divided into 5 suitable upland diked disposal areas, numbered 1 through 5, with boundaries of each area defined by irrigation ditches (Figure 3). As shown in Figure 3, these 5 areas, from west to east, are 29.6 acres, 69.1 acres, 78.2 acres, 67.6 acres, and 65.3 acres in size, respectively. Although Area #3 is requested for disposal, it contains a large shed and 2 cement pads for future buildings and would only be used if absolutely necessary. The Alligator Pungo land cut is very narrow in width; therefore, a small hydraulic dredge would be used for the proposed maintenance dredging. For this reason, disposal sites in close proximity to the area being dredged would be necessary. As future shoaling areas of the channel cannot be predicted, a large area is proposed to accomodate disposal during future maintenance dredging events. Although, the proposed plan is for a large area along the AIWW, only portions of one or more of the 5 designated areas would be utilized during a maintenance dredging event in any given year. The location and size of any one particular upland diked disposal site would be dependent on its proximity to the area to be dredged and the anticipated amount of material to be removed from the adjacent shoal. The dikes surrounding the disposal sites would be constructed in a manner to guarantee a minimum of 2 feet of freeboard during operations. The dikes would be seeded and grassed in accordance with an approved Sedimentation and Erosion Control Plan. Equipment (bulldozers, etc.) which may be required for construction of the dikes, including the placement of effluent weirs, discharge and outlet pipes, would be on- and off-loaded in such a manner as to avoid impacts to wetlands. The effluent pipe would be extended waterward of emergent wetlands. If necessary, construction mats would be used to on- and off-load equipment. No fill material would be placed in wetlands or surrounding waters. 1.03 Purpose and Need The banks of the waterway at the project site are unstable and are susceptible to erosion. The currently used toe of the bank disposal aids in erosion control, however, the dredged material, which is placed on the toe of the bank, flows back into the channel at an undesirably fast rate. This accelerated erosion is most likely a result of increased boat traffic, both commercial and recreational, on the AIWW in recent years (Figure 4). As a result, the frequency of dredging has increased from 5 42 14 10 9 ' m B . Z3 ' Q 7 N' a s 4 H 3 1960 1965 1970 1975 1990 1965 11990 1991 1992 YEAR . o Bridge Openings + Total f of Boats Figure 4. Alligator Pungo Land Cut, Hyde County, NC Boat traffic at Fairfield Bridge, 1960 to 1992. 6 once every 4 to 6 years to once every 2 to 3 years. Upland diked disposal is proposed as a means of decreasing the frequency of dredging by disposing of all dredged material in upland diked disposal sites, thereby, completely removing the material from the system. The continued maintenance of the Alligator Pungo land cut is necessary to allow safe passage of commercial and recreational boats through this portion of the AIWW, from the Alligator River to the Pungo River. 2.00 ALTERNATIVES The alternatives to dredging of the AIWW were addressed in the previously referenced AIWW Final Environmental Impact Statement (FEIS) filed with the Council on Environmental Quality in 1975. Major alternatives were to continue dredging or no action. Without dredging (no action), shoaling in the AIWW would make the waterway unusable to many types of recreational and commercial vessels. Alternative methods of dredged material disposal include beach disposal and control-of-effluent disposal. 2.01 Beach Disposal. The beaches are located outside a feasible pumping range. 2.02 Control-of-Effluent Disposal. Unconfined dredged material disposal was a considered alternative; however, upland diked disposal would allow greater control of the effluent by completely confining the dredged material. Greater control of the effluent would lessen the amount of suspended solids returning to the channel, thereby producing less turbid water than the control-of-effluent method of disposal. Therefore, control-of-effluent disposal was eliminated as an alternative in the Alligator Pungo Land Cut. 2.03 No Action Alternative. Failure to implement maintenance dredging with the proposed upland diked disposal and continuing to use toe of the bank disposal would result in a continued increase in the frequency of dredging, thereby, increasing the cost as well as the environmental affects of maintaining the channel to its current dimensions. 7 FACSIMILE TRANSMITTAL HEADER SHEET Rd uw d t1y term. >* Ati f'? t t; the prc0utw wrtey a DOlIC? Z=AND/ NAMFJ OFFICE OFFICE TEtEPMONE NO. PAX NO. (AuTOVGVcQ nm.) OFFICE 3YMSOl (AVTOVOWCOM n.) Tat ;?Aflfe J 4A CLABIWICATION PRECEDENCE NO. PAGES OATE•TIME REIg 8 $I(3NATVRE MONTH YEAR q3 e4, "EmAms Spec* #*lor For c mfowpa"eron. CM.it1? !AN Only DA IeOfi' d3o1a-A, JUL 00 v" :3Na I 'a Aura Sd33N" ID 3'sdWD sn woes : eo E6. eF Adw S NORTH CAROLINA HYDE COUNTY CERTIFICATION T11IS CERTIFICATION is issued in conformity with the requirements of Public Laws 92-500 and 95•-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15NCAC2H, section .0500 to the U.S. Army Corps of Engineers, Wilmington District pursuant to the completed application filed on the 13th day of February, 1979 for the discharge of dredge material adjacent to the Atlantic Intracoastal waterway in the Alligator - Pungo Land Cut. The application provides adequate assurance that the maintenance excavation of the land cut and the placement of dredge material adjacent to the Atlantic Intracoastal Waterway in Hyde County will not result in a violation of applicable water quality standard:,. Therefore, the state of Borth Carolina certifies that this activity will not violate Section 301, 302, 303, 306, and 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth- 62443ri Conditions of Certification: 1. That the work be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction Jincreases of 25 JTU's or less are not considered significant). violations of any conditions herein set forth shall result in revocation of this Certification. This the 17th day of ,April, 1979. DIVISION OF ENVIRONMENTAL MANAGEMENT 1 A. r. McRorie, Director wQC #1310 b'd SN W-IIM 5?133NI9N3 SdNOD Sn Wdas:80 E6. 8z AUW i A. NORTH CAROLINA HYDE COUNTY CERTIFICATION TVIS CERTIFICATION is issued in conformity with the requirements of Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15NCAC2H, Section .0500 to the U.S. Army Corps of Engineers, Wilmington District pursuant to the completed application filed on the 13th day of February, 1979 for the discharge of dredge material adjacent to the Atlantic Intracoastal Waterway in the Alligator - Pungo Land Cut. The application provides adequate assurance that the maintenance excavation of the land cut and the placement of dredge material adjacent to the Atlantic Intracoastal Waterway in Hyde County will not result in a violation of applicable water quality standards. Wherefore, the state of North Carolina certifies that this activity will not violate Section 301, 302, 303, 306, and 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter sat forth. Conditions of Certification: 1. That the work be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction (increases of 25 JTU's or less are not considered significant). violations of any conditions herein set forth shall result in revocation of this Certification. This the 17th day of April, 1979. DIVISION OF ENVIRONMENTAL MANAGEMENT T?^ A. F. McRorie, Director WQC #1310 S'd ON WAIN Sa33NI9N3 Sd?JOD Sn NdBS:eo es, 92 Aw - AWE A) --tH of Natural Department North Carolina Resources &Community Development ` ` Secretary Howard N, Lse James B. Hunt, Jr., Governor DIVISION 0? ENVIRONMENTAL MANAGEMENT April 17, 1979 Colonel Adolph A. Hight Wilmingtoa District Corps of Engineers P. 0. Box 1890 Wilmington, NC 28402 Subject: Certification Pursuant to tn? section 401 of the Federal Clean Water Act Proposed Alligator - Pungo Land Cut Maintenance Hyde County Dear Colonel Hight: 1310 otwo f Engineers, Certification copie of Attached hereto are issued to t7.S. Army Corps April 17, 1979. if we can be of further assistance, do not hesitate to contact us. sincerely,, A. E', MCROris Director Attachments cc: 14r. Jim Mulligan Mr. R. L. Talley, Jr- Environmental Planning section 7' DH W-IM sa33NI9N3 SdNoD sn woos:80 8G, 8z Auw 3.00 ENVIRONMENTAL EFFECTS 3.01 Water Quality. . The North Carolina water quality classification assigned to the Alligator Pungo Land Cut from the Currituck-Fairfield Township Line to the Pungo River is SC (15 NCAC 2B .0316). SC waters are suitable for fish and wildlife propagation, secondary recreation, and any other usage except primary recreation or shellfishing for market purposes. The discharge of liquid effluent from the proposed upland diked disposal areas, although subject to review under Section 404(b) of the Clean Water Act of 1977, has been determined to satisfy the terms and conditions of Nationwide Permit 33 CFR 330.5(a)(16) and the N. C. Division of Environmental Management General Water Quality Certification No. 2668 issued on January 21, 1992. A request for the work to be performed in accordance with General Water Quality Certificate No. 2668 has been sent to the North Carolina Division of Environmental Management. Should toe of the bank disposal be necessary for future maintenance dredging events due to increased shoreline erosion, the Section 401 (PL 95-217) Water Quality Certificate '(No. 1310) for toe of the bank disposal, which was issued on April 17, 1979, would be applicable. An updated Section 404(b)(1) Evaluation and Statement of Findings has been completed and signed and is included as Appendix A. A Section 404a Public Notice for the proposed work would be mailed for 30 days comment and review prior to award of the contract. Salinity in the vicinity of the project varies from a maximum of 6.91 parts per thousand (ppt) on the bottom and 5.39 ppt at the surface, to a minimum of 1.74 ppt on the bottom and 1.49 ppt at the surface. No significant impact to the salinity of the area is expected to occur as result of the proposed action. The proposed work would be coordinated with the Hyde County Mosquito Control Office. No significant mosquito problems are anticipated in conjunction with the proposed work. A slight increase in turbidity in the area of dredging and at the point of discharge of the effluent may occur; however, this increase is expected to be minor and temporary. No significant adverse impacts as a result of increased turbidity are expected to occur. No adverse impacts to groundwater resources are expected to occur as a result of the proposed activity. 8 3.02 Marine Resources. The environmental impacts on marine resources as a result of the proposed dredging were addressed in the previously referenced AIWW, FEIS, November 1975. Maintenance dredging and dredged. material disposal would normally occur between September 1 and March 31 of any given year to avoid impacts to juvenile finfish which may be moving from their preferred nursery area into deeper waters of the larger creeks and bays. 3.03 Wetlands. The shoreline on the north side of the Alligator Pungo land cut is a high bank, ranging from 5 feet to 12 feet above mean sea level (msl), that is continually eroded by wave action from boats traversing the AIWW. Due to previous disposal of dredged material, elevations in the Government Right-of-Way on the north side of the channel range from 5 feet to 19 feet and are some of the highest elevations found in Hyde County. The U.S. Army Corps of Engineers conducted site visits to the proposed disposal area on September 20-21, 1988, and November 19-20, 1991, and determined that wetlands present in the area are those associated with irrigation ditches. There are 5 irrigation ditches which run perpendicular to the AIWW and which separate each of the proposed upland diked disposal areas. The limits of each upland diked disposal area would be located at least 100 feet from nearby irrigation ditches; therefore, maintenance dredging of the Alligator Pungo land cut, with disposal in the proposed upland diked disposal sites, would not impact wetlands. 3.04 Terrestrial Resources. Impacts to terrestrial resources would result from the use of the upland diked disposal sites for placement of dredged material. Since its use for upland disposal during AIWW construction and past maintenance dredging events, the site has become vegetated with pine-mixed woodlands and mixed grasslands, which contain scattered trees (Figures 5 and 6). Responses to past dredged material disposal, fire, timbering, and past grazing largely control the current composition of the vegetation. The dominant tree species throughout much of the disposal area are pond pine (Pinus serotina) and loblolly pine (Pinus taeda). In areas that have been recently thinned by timbering, dominant understory species include sweetgum (Liquidambar styraciflua), willow oak (Quercus phellos), and southern red oak (Quercus falcata). Shrub species common to the project area are red bay (Persea palustris), wax myrtle (Mvrica cerifera), black willow (Salix nigra), and American beauty berry (Callicarpa americana). Many areas, which have been cleared by timbering and contain only a few scattered trees, are dominated by various grasses and dog fennel (Euthamia microcephala). In areas that have been previously used as pasture, fescue (Festuca pratensis) is still 9 the dominant ground cover. The existing vegetation would be destroyed by dredged material disposal, however, the site would be expected to revegetate with similar species within one to two years after disposal is complete. The project would not impact prime and unique farmland. It should be noted that prior to the deposition of dredged material along the north bank of the Alligator Pungo land cut (early 19001s), elevations in the area were very low and most likely were characterized by areas of wetlands. This may explain the occurrence of several opportunistic "wetland" plant species which occur in the very sandy upland soils of the project area, but are not associated with functional wetlands. 3.05 Threatened and Endangered Species. The proposed work has been reviewed for compliance with the Endangered Species Act of 1973, as amended. The following species may occur in the project area and must be considered: SPECIES Red-cockaded woodpecker Bald eagle Arctic peregrine falcon Piping plover West Indian manatee Leatherback sea turtle Hawksbill sea turtle Green sea turtle Loggerhead sea turtle Kemp's ridley sea turtle American alligator Sensitive joint-vetch Finback whale Humpback whale Right whale Sei whale Sperm whale Shortnose sturgeon SCIENTIFIC NAME STATUS Picoides borealis Endangered Haliaeetus leucocephalus Endangered Falco peregrinus tundrius Threatened Charadrius melodus Threatened Trichechus manatus Endangered Dermochelvs coriacea Endangered Eretmochelvs imbricata Endangered Chelonia mvdas Threatened Caretta caretta Threatened Lepidochelvs kemnii Endangered Alligator mississippiensis Threatened(S/A) Aeschynomene virginica Threatened(P) Balaenoptera phvsalus Endangered Megaptera novaeangliae Endangered Eubaleana glacialis Endangered Balaenoptera borealis Endangered Phvseter catodon Endangered Acipenser brevirostrum Endangered S/A - similarity of appearance P - proposed The red-cockaded woodpecker is a resident of mature pine forests of the project region. Site visits conducted by the Corps of Engineers on September 20-21, 1988, and November 19-20, 1991, revealed that the project offers very poor habitat for the species. The uplands along this section of the AIWW, which consist of previously disposed dredged material, are dominated by relatively young loblolly pines. As no conclusive evidence of red-cockaded woodpeckers was found, the species is believed to be absent from the area, therefore, the proposed action would not affect this species. 10 The bald eagle and peregrine falcon would be expected to occur only as migrants or winter residents within the project area. Due to their mobility, habitat disturbances resulting from the project should not affect these species. The piping plover is a fairly common winter resident along the beaches of North Carolina (Potter et. al., 1980). The species normally nests on the Atlantic coastal beaches between April 1 and July 31. There are no published records of the species nesting in the vicinity of the project; therefore, this species would not be affected by the proposed action. The manatee occurs in both salt and freshwater habitats and has been found in estuaries in the state. All listed species of sea turtles occur in the waters off the North Carolina Coast and within coastal inlets and sounds. As pipeline dredges are not known to take manatees or sea turtles, the proposed dredging and disposal operation would not affect either of these species. The American alligator is listed as threatened due to its "similarity of appearance" to the endangered crocodile, and as such, does not require coverage under Section 7 of the Endangered Species Act of 1973, as amended. The sensitive joint-vetch is a species of freshwater or brackish water tidal marshes and moist ditch banks, which may occur in Hyde County; however, occurrence of this species in the project area has not been documented (telephone conversation with representative of the North Carolina Natural Heritage Program, February 12, 1993). Since the proposed disposal area is all upland habitats, the species would not be affected. Whales occur in North Carolina only in the waters off the coast outside of the project impact zone (Cooper et al., 1977). Therefore, the proposed action would not impact this species. The shortnose sturgeon ranges along the Atlantic seaboard from the Saint John River in New Brunswick, Canada, to the Saint Johns River, Florida. It is known from North Carolina in both the Cape Fear River system and the Great Pee Dee River system. There are no records of the shortnose sturgeon from the project area. If shortnose sturgeons are in the project area, they could be forced to leave areas being dredged, however, due to the mobility of the species, it could easily avoid the slowly moving dredge cutterhead. Since the proposed upland diked disposal would decrease the frequency of dredging in the Alligator Pungo land cut, impacts would be less under the proposed plan than those which currently exist from frequent dredging and toe of the bank disposal. 11 1 d. .01 001, A. V 4* 1 i? '? ? DQM e r x, s`fs? DMG ? . ?s<'? ? _ _y?Vc1"r a?dfSOLr - DMG f i 'DS IDDS . ?4M R n? M M ;tr ? M ? ? • •• ' c? • X6_ r A? sir t ALLIGATOR PONGO LAND CUTIr NC Terrestrial Resources a Proposed Disposal Areas DPM Pine-mixed woodlands 1 s I e • DMG Mixed grasslands ? e? Barren e Q? D - Previously disposed dredged ?a material r ? ??cC scale `ss? p • 2000 2000 3000 I c f ?T '? t 4 Fiaure 5. Alligator Pungo Land Cut, NC. Terrestrial Resources, Areas 1 - 3. 12 EXTENT OF DREDGING n X j ?? DB BE r D D4N' ?, rrrr r s+i DYM l 12 a- z D',G r ALLIGATOR PDMW LAW'C=,r HC Terrestrial Resources, .1 Proposed Disposal Areas DPM pine-mixed woodlands DMG Mixed grasslands Barren D - previously disposed dredged material scale 0 - 1000 2000 3000 Figure 6. Alligator Pungo Lana %,-uL, nom. Terrestrial Resources, + Areas 4 & S. 13 3.06 Archaeological/Historical Resources. The potential for intact archaeological sites exists in the vicinity of Wilkerson Creek, however, upland diked disposal would not occur in this vicinity. The area to be dredged is a previously dredged channel and the disposal sites have been previously used for dredged material disposal; therefore, archaeological/historical resources would not be affected by the proposed action. 3.07 Recreation and Aesthetic Resources. The AIWW is used extensively by recreational and commercial vessels. The dredging would allow safe navigability of this portion of the AIWW. The proposed upland diked disposal areas would be cleared of vegetation. After dike construction, it would be used for disposal of dredged material resulting from maintenance dredging in FY93 and any future maintenance dredging. For aesthetic purposes, a 50-foot buffer of vegetation would remain between the upland diked disposal sites and the AIWW. 4.00 RELATIONSHIP TO LAND USE PLANS The Hyde County Coastal Area Management Act (CAMA) Land Use Plan Update, dated 1992, classifies the subject area as "rural." These are areas which are principally used for agriculture, forest management, mineral extraction and other low intensity uses. The proposed dredging and dredged material disposal would not result in significant adverse effects to the rural area; therefore, the proposed action does not conflict with the land use plan for Hyde County. 5.00 RELATIONSHIP TO N.C. COASTAL AREA MANAGEMENT PROGRAM Based on the information presented within this environmental assessment, the proposed maintenance dredging of the Alligator Pungo Land Cut and dredged material disposal within the upland diked disposal sites are consistent with the approved Coastal Management Program of the State of North Carolina and the Hyde County Land Use Plan (1992 update). During coordination of the EA/FONSI, the North Carolina Division of Coastal Management would review the information presented herein and furnish a consistency position on the proposed work. 6.00 COORDINATION Representatives from the following agencies were contacted regarding the proposed action: National Marine Fisheries Service, St. Petersburg, Florida 14 North Carolina Division of Coastal Management North Carolina Division of Environmental Management North Carolina Division of Marine Fisheries North Carolina Natural Heritage Program U.S. Fish and Wildlife Service, Raleigh, North Carolina 7.00 LIST OF RECIPIENTS This Environmental Assessment and Finding of No Significant Impact is being circulated for information to the following agencies and individuals. U.S. Environmental Protection Agency Forest Service, USDA U.S. Department of. Housing and Urban Development Advisory Council on Historic Preservation National Oceanic and Atmospheric Administration Center for Environmental Health National Marine Fisheries Service State Clearinghouse U.S. Department of Interior U.S. Fish and Wildlife Service Fifth Coast Guard District Conservation Council of North Carolina Sierra Club Izaac Walton League Federal Highway Administration National Audubon Society North Carolina Wildlife Federation National Wildlife Federation Soil Conservation Service, USDA U.S. Department of Energy Cape Fear Community College North Carolina Environmental Defense Fund Great Lakes Dredge and Dock Company Duke University Department of Geology North Carolina Division of Coastal Management UNC-Chapel Hill Library Librarian, North Carolina Environmental Resources Library UNC-Wilmington Library North Carolina State Library North Carolina State Ports Authority Town of Atlantic Beach Board of Hyde County Commissioners Postmasters Mayors North Carolina State Representative Cape Hatteras National Seashore 15 8.00 REFERENCES Cooper, J. E., S. S. Robinson and J. B. Funderburg, editors. 1977. Endangered and Threatened Plants and Animals of North Carolina. North Carolina State Museum of Natural History, Raleigh, North Carolina. 444 pages. Oakley, Shawn. 1993. North Carolina Natural Heritage Program. Personal Communication. February 1993. Schwartz, F. J., W. W. Hassler, J. W. Reintj,es, and M. W. Street. 1977. Acipenser brevirostrum LeSeur. Shortnose sturgeon, pp. 252-253, In: Cooper, J. E., S. S. Robinson, and J. B. Funderburg (Eds.). 1977. Endangered and threatened plants and animals of North Carolina. N. C. State Museum of Natural History, Raleigh, N. C. 444 pages + i-xvi. 16 9.00 FINDING OF NO SIGNIFICANT IMPACT (FONSI) The proposed action would not significantly affect the quality of the human environment; therefore, an Environmental Impact Statement would not be prepared. Date Attachments Walter S. Tulloch Colonel, Corps of Engineers District Engineer s 17