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HomeMy WebLinkAbout19920016 Ver 1_COMPLETE FILE_19941021 State of North Carolina Department of Environment, Health and Natural Resources 1 • • Division of Environmental Management James B. Hunt, Jr„ Governor p E H N F1.' Jonathan B. Howes, , Secretary A. Preston Howard, Jr., RE., Director November 28, 1994 Colonel Robert Sperberg District Engineer U.S. Army Corps of Engineers Wilmington District Post Office Box 1890 Wilmington, North Carolina 28402-1890 Dear Colonel Sperberg: Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Morehead City Harbour, western underwater berm Project # 92016 Carteret County Attached hereto is a copy of Certification No. 2949 issued to U.S. Army Corps of Engineers dated 28 November 1994. If we can be of further assistance, do not hesitate to contact us. Attachments wgc2949 ar J . P.E. cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney Mr. Steve Benton, Division of Coastal Management Central Files David Small, COE P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Oppo^unity Affirmative Action Employer 50% recycled/ 10% post-consumer paper w t NORTH CAROLINA Beaufort 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 in Beaufort County pursuant to an application filed on the 18th day of November of 1993 to install an underwater berm at Morehead City Harbour. The Application provides adequate assurance that the discharge of fill material into the waters of Bogue Inlet in conjunction with the proposed development in Beaufort 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 (50 NTUs in streams and rivers not designated as trout waters by DEM; 25 NTUs in all saltwater classes, and all lakes and reservoirs; 10 NTUs in trout waters). 2. DEM shall be copied on the monitoring report done after the project is completed. 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 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA 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 28th day of November, 1994. DIVISION OF ENVIRONMENTAL MANAGEMENT WQC# 2949 n H ,ar o d, , Jr. 71 STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER AFFIDA NAM. K MIT TIN PW* as h W to on 10 Wry 0 am 0ran W rnay 0. oubft for o. no n? ??k Is, 0 on-III rMal?M Bk I It, 'ION County and State, JACCB BRINSCN who, being duly sworn or affirmed, according to the law, says that he/she is CLASSIFIEC ACVERTISING MANAGER of THE WILMINGTON STAR-NEWS, INC., a corporation organizer' and doing business under the Laws of the State of North Carolina, and publishing a newspaper known as WILMINGTON MORNING STAR dt SUNDAY STAR-NEWS in the City of Wilmingtor,• NORTH CARCLINACIVISION CF ENVI RCNMENTALMANAGENENTPUBLIC NCTI CE IS HEREBY GIVEN THAT U. So PU@LIC NOTICE was inserted in the aforesaid newspaper in space, and on dates as follows: 11/111X 1994 and at the time of such publication Wilmington Star-News was a newspaper meeting all the requirements and qualifications prescribed by Sec. No. 1-597 G.S. of N.C. CLASSIFTEC ACV* PG? Title Sworn or affirmed to, and subscribed before me, this 3 r d day of N CV , A.D., 19 9 44 In Testimony Whereof, I have hereunto set my hand and affixed my official seal, the day and year aforesaid. , /I Notary Public My commission expires 2 1 S t day ofJUNE, 19 9 9 Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the Court that the said publication was duly and properly made, and that the summons has been duly and legally served on the defendant(s). This day of , 19 _ Clerk of Superior Court MAIL TO: 0a 0 m 7 = d Z DX C) X c X ?w M) n O nt A A T WILMING 73 A New York TimE PH# (919)73_ D ESCRIPTI PUBLIC NOTI 11/1,1X PLEASE I PLE For Correspondence WILMINGTON STAR- P.O. Box 3248 Wilmington, NC 28406- 0 1 19 A New York Times Co NC DEPT OF MGMT BUDGET PO BOX 295 35 RALEIGH NC 2 942102801 I N O D co co m rnZ ` C M M Zm cm MM MM MZ n m Z 3 0 O P PIN E l E O o TON STAR-NEWS INC. 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OF ENVIRONMENT HEALTH AND NATURAL RESOURCES P.O.'Box 27687 Ralcigh, N.C. 27611 Environmental Sciences Branch FAX (919) 733-9959 ?- TELECOPY TO: I-pa-k i e j -S' eij FAX NUMBER: y/V -- as/ - 47yy FROM: 6/r?ok/ ( lemo-Ac1 NO. OF PAGES LNCLUDTNG THIS SHEET: HONE: 4i 9 ) 73,3-1786 3 COM3?CH NITS: o"' je-t ? ' ? ADo-m,-, Y ?10 ? 1z/t /f y MEMO DATE: a? TO: SUBJECT: S:?:& N/1'1 l= 5 -?'-? 6-6e J Do nq ?l jjG? ro?? e-n `CAk J-1yC"e_4 r% STS ANTE,'y /?? Mnr m n, f North Carolina Department of Environment, Health, and Natural Resources ??? Printed on Recycled Paper -W C Date ROUTING AND TRANSMITTAL SLIP TO: (Name, office symbol, room number, building, Agency/Post) 1. initials Date 2. 3. 4. 5. Action File Note and Retum Approval For Clearance Per Conversation As Requested For Correction Prepare Rep Circulate For Your Information See Me Comment Investigate Signature Coordination Justify REMARKS 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. ? eti ? t 1 S ? ?-t( Phone No. Iq j O el s 5 - Z d SM1402 OPTIONAL FOR 41 (Rev. 7.76) ftmiu h si?rr ssA ti! U.S.O.P.0.:1993 342-19ata0007 "MR (41 C?R)101.11 2M "N1 Or C? e rr'Arcs of Mr. Lawrence Saunders Chief, Planning Division U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, NC 28402 Dear Mr. Saunders: UNITED STATES DEPARTMENT, OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Fisheries science center Beaufort Laboratory 101 Pivers Island Road Beaufort, N.C. 28516-9722 September 26, 1994 Enclosed is a summary report of ichthyoplankton distribution in the vicinity of Beaufort Inlet prior to berm construction. If you wish more details or would like to discuss any aspect of the project, please give me a call at 919-728-8731. Enclosure/ As Stated cc: Daniel Small Donald Hoss Sincerely, ,,? i David S. Peters Leader, Fish Ecology Team 0 1. , Larval fish abundance in vicinity of Beaufort Inlet prior to berm construction David"S. Peters and Lawrence R. Settle National Oceanographic and Atmospheric Administration National Marine Fisheries Service Southeast Fisheries Science Center Beaufort Laboratory 101 Pivers Island Road Beaufort, North Carolina 28516 A summary of data collected from March 1993 through February 1994 in a project funded by U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, North Carolina 28402 26 September 1994 Introduction Among the concerns about environmental impacts of dredge spoil deposition on the Beaufort Inlet tidal delta are potential impacts on larval fish. Such impacts are of major concern because inlets and accompanying tidal deltas are situated in the migratory pathway larvae must traverse if they are to recruit from offshore spawning grounds to estuarine nursery areas. Unfortunately, knowledge about larval abundance and distribution near inlets and transport through them is not well understood. A variety of current research projects, funded under the NOAA Coastal Ocean Program's South Atlantic Bight Recruitment Experiment (SABRE), are addressing issues related to transport of winter spawned fish larvae and will be helpful in evaluating the environmental impacts of berm construction. While these other studies will provide generic information useful in evaluating larval transport, they do not provide the site specific information needed for a comparisons between densities before during and after berm construction. This report describes abundance and distribution of fish larvae collected from March 1993 through February 1994 (i.e., pre-berm construction). Our specific objectives were to: (1) document the relative abundance of larvae at the potential disposal sites and at other (reference) locations on the same depth contour but further from the inlet. 1 (2) determine seasonal patterns in species composition of ichthyoplankton at the reference and disposal sites. (3) compare ichthyoplankton at the proposed berm site with a more offshore location. (4) compare larval abundance in the channel with that on the tidal delta. (5) determine if larval densities near the bottom are the same as occur in the overlaying water column. The site specific information presented will serve as a pre- construction baseline for comparing densities before, during and after berm construction. It also provides information on sampling variability, useful in designing an effective monitoring program. Materials and Methods Because appropriate equipment for sampling both pelagic and benthic fish larvae was not commercially available, we designed our own (Figure 1). It is based on the concept embodied in a Tucker Trawl (Tucker, 1951). The gear consists of three nets which fish sequentially when activated by a messenger. It differs from a Tucker.Trawl in several ways: 1) the nets are mounted in a rigid frame fitted with adjustable hydroplanes so that angle of the net can be controlled; 2) the frame is mounted on a sled so it will fish as close as possible to the bottom (about 10 cm); 3) it is fitted with a tickler chain in front of the net to increase 2 -1 1 Figure 1. Opening and closing net sampler with attached sensors. It I I \ C7 N - F- F- F- W W W Z Z Z catchability of truly benthic individuals; 4) a package of sensors is attached so that operation of the gear can be monitored during sample collection. The gear has an effective fishing area of 0.5 mZ (1 m wide by 0.5 m high, with the net opening at an inclination of 45°). Mesh size of the nets is 1.0 mm. The sensors, connected by a multiconductor tether to the boat, give a constant readout of fishing time, net inclination, and distance sampled, which are required for calculation of volume filtered. It also gives an indication of distance from the bottom. Six sampling locations were selected (Figure 2, Table 1). Station 1 is an historic disposal area, station 4 is in the dredged channel and the remaining stations are on the tidal delta at a depth of 18 feet. Stations 3 and 5 have been proposed as disposal sites; stations 2 and 6 are outside the disposal area and thus serve as controls for evaluation of dredging impacts. Cruises were scheduled twice a month during the fall winter immigration period for larval fish and approximately monthly during the remainder of the year. Sampling protocol included duplicate deployments at each station. Each deployment included an oblique tow, from the surface to approximately lm above the bottom, and another sample collected on the bottom . Most samples were collected at night to minimize net avoidance: the only daylight samples were collected on March 29 1993 as part of gear evaluation and testing. Five stations were sampled in 4 J c/ I Y Z ?o G J 0 i 13-INi a O l?o?nd3? 0 0 I DY I' o Q 171- I'' Table 1. Locations of sampling stations shown in Figure 1. Station Latitude Long itude 1 34° 39.25 N 076° 41.9 W 2 34° 41.3 076° 42.5 3 34° 40.8 076° 41.45 4 34° 39.77 076° 40.40 5 34° 40.3 076° 38.9 6 34° 40.1 076° 37.5 6 consistent order (i.e., 1,2,3,6,5) without regard to tidal stage. The channel station (4) was sampled at slack tide, regardless of its sequence in station order, because the high current speeds made the gear inoperable during other tidal stages. Towing speed was approximately 0.8 m s-1 with a target sample volume of 100 m3. Samples were preserved in 70% ethanol. In the laboratory, all fish were sorted and identified to the lowest taxon possible, based on gross morphology; except that, anchovies, gobies and blennies were not identified beyond family. Standard length was measured for up to 20 individuals per species; except, neither anchovies or gobies were measured. Statistical analyses were conducted with the entire set of nocturnal samples and with two subsets of the data. Analysis of variance of log-transformed density values (ln [(no. larvae + 1) 100 m'3]) was performed on the entire nocturnal data set (all sample shown in table 2 except March 29) and on an autumn - winter subset of that data (stations 1, 2, 3, 5, and 6 from November 16 through February 28). Unless otherwise indicated, all density values given in this report are in these transformed units. Chi-square tests were performed to evaluate differences in vertical distribution of species abundant during autumn or winter. The analyses of autumn - winter subsets of the data are appropriate because this season corresponds with the proposed dredging activity and is chacterized by different species than occur in summer. 7 Results and Discussion A total of 305 samples were collected between March 22, 1993 and February 28, 1994 (Table 2). During the first two sampling periods, emphasis was on testing the gear and developing the best deployment techniques and not all stations were sampled. On two other occasions (June 21 and November 2) sampling was discontinued because of wind and high seas which made sampling impossible. The channel station was unsampleable during much of the winter due to the dredging activity in that area. The samples contained 22,384 larvae and early juveniles and 1326 larger juveniles and adults. Within the ichthyoplankton we identified 52 taxa (Table 3) ; 32 of these were identified to species. Specific identification of many larvae is not possible because morphological differences among the forms are not known. Ten forms were identified only to genus, 8 only to the family level and 2 to their order. While species identification of these 20 forms were either not practical or possible, the species composition of the incidental catch of older nektonic fishes provides a guide to the likely species of some of the incompletely identified larvae (Table 4). The abundance and seasonality of the most abundant fishes (anchovies, Atlantic croaker, gobies, and spot) collected on the Beaufort inlet tidal delta (Table 3) are similar to that reported 8 Table 2. Date, station and depth of ichthyoplankton samples collected. Numbers are the oblique (O) and bottom (B) samples obtained. Station number 1 2 3 4 5 6 Tow type Date 0 B 0 B 0 B 0 B O B 0 B Mar 22 1 1 1 1 2 2 Mar 29 1 2 2 2 2 2 Apr 20 2 2 2 2 2 2 2 2 2 2 2 2 Jun 21 1 1 Jul 21 2 2 2 2 2 2 2 2 2 2 2 2 Aug 09 2 2 2 2 2 2 2 2 2 2 2 2 Sep 14 2 2 2 2 2 2 2 2 2 2 2 2 Oct 19 2 2 2 2 2 2 2 2 2 2 2 2 Nov 02 2 2 2 2 2 2 Nov 16 2 2 2 2 2 2 2 2 1 1 2 2 Nov 29 2 2 2 2 2 2 2 2 2 2 2 2 Dec 13 2 2 2 2 2 2 2 2 2 2 2 2 Jan 09 2 2 2 2 2 2 2 2 2 2 Jan 24 2 2 2 2 2 2 2 2 2 2 Feb 14 2 2 2 2 2 2 2 2 2 2 Feb 28 2 2 2 2 2 2 2 2 2 2 9 0. 1 ?4 Z 0 ? u0 v H4 ? W Q1 F-j •rl r? O4 r:: u ro ro O .r ? 4 O 3 ?4 O 't7 w Z O ro Z Q ''q 41 H ? o 0 m u U o O Q ti 1"i H Q 4 h N f4 .,q 0 to W W a? 0 ri 0 •rl CA f7 ?w ro 0 O ? ?4 .N o •? 0 0 ro ? N .4 0 w 0 41 0 0 3 ya N r4 O 1 13 41 N 0 .NCO O 0 0.g 4J b? 0 r? N S4 3 0 ro ?4 re Ei4J 44 E4 tD ?o W to r-I O co N O O O ?Y N t0 ? O N N O M N N I, H ? O ? 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O rz -I r r -4 0 r 'O A k ?C c1q b !O rtf N •r 1 m b w w w E+ H 0 a Table 4. Juvenile and adult fishes collected with a modified Tucker trawl sled in the near-shore waters outside of Beaufort Inlet, North Carolina from March 1993 through February 1994. No samples were obtained in May 1993. Order Anguilliformes Family Ophichthidae Myrophis punctatus Order Clupeiformes Family Clupeidae A os aestivalis Brevoortia tyrannus Dorosoma petenense Harenaula jagyana Opistonema o u Sardinella aurita Family Engraulidae Anchoa hepsetus Order Aulopiformes Family Synodontidae Svrtodua foetens order Gadiformes Family Gadidae Urophycis regia Family Ophidiidae 16 Table 4 (cont.) Taxon Order Atheriniformes Family Atherinidae Membras martinica order Gasterosteiformes Family Syngnathidae Syngnathus uscus Syngnathus sp. order Scorpaeniformes Family Triglidae Prionotus Carolina Order Perciformes Family Serranidae Centropristis striata Family Carangidae Chloroscombrus chrysurus Family Gerridae Eucinostomus argenteus Family Hasmulidae Orthopristis chrysoptera Family Sparidae Lagodon rhomboides Stenotomus caDrinus Stenotomus chrysops 17 Table 4. (cont.) Taxon Family Sciaenidae Bairdiella chrysoura cynoscion regalis Leiostomus xanthurus Micropogonias undulatus Family Stomateidae Peprilus alepidotus Order Pleuronectiformes Family Bothidae citharichthys macrops Paralichthys albigutta Paralichthvs dentatus Paralichthys lethostigma Scophthalmus aquosus Family Cynoglossidae Symohurus plaQiusa 18 1. 1 from sampling immediately inside Beaufort Inlet, (Hettler and Chester, 1990; Warlen and Burke, 1990) and Ocracoke and Oregon Inlets (Hettler and Barker, 1993). The reduction in number of taxa which we report (54) from that reported at Oregon, Ocracoke, and Beaufort Inlets (60, 71, and 74) can be explained by three factors. First, our emphasis was on abundance during the autumn-winter period, when dredging will occur and any impacts will likely be most apparent. However, that is also a time when the ichthyoplankton is less speciose. We sampled less frequently in warm seasons when more species are present and thus were less likely to collect the numerous infrequent species present then. Secondly, had we identified the species of anchovies, blennies, and gobies beyond the family level our list would be longer. Lastly, we used a larger mesh net (1.0 mm) than the Ocracoke-Oregon Inlet study (0.5 mm) or the Beaufort Inlet study (0.8 mm), thus smaller very early developmental stages are more likely to be extruded through our nets. Our use of the larger mesh net increased ease of processing samples with limited impact on total number of larvae present. We would not expect many of the very small forms during the cold weather period, when we sampled most thoroughly. Six species we collected on the tidal delta were not seen in the studies inside Oregon, Ocracoke, or Beaufort Inlets (Hettler and Chester, 1990; Hettler and Barker, 1992; and Warlen and Burke, 1990). Three of them, Stellifer lanceolatus (4 specimens), Chaetodon ocellatus (1 specimen), and Aleuterus heudeloti (2 19 specimens) are warm water forms which probably occur less frequently at more northern locations. Their lack of occurrence at Beaufort inlet may be related to their vertical distribution. Previous samples in the summer (Hettler and Chester, 1990) were from surface water; while these specimens, except one Stellifer, were collected in bottom tows. We only collected one specimen of Paralichthys oblongus and Trachurus a a , so their absence in previous studies is not surprising. While we only collected six specimens of Chloroscombrus chrvsurus: half were from oblique tows; they were present over a four month period; and were collected in the inlet as well as at all of the berm stations. Their absence in the earlier inlet studies may partially be explained by the species' characterization as an inhabitant of both warm and coastal waters. Our estimate of seasonal peak menhaden density (7 larvae 100 m3) was below the level reported in the inlet studies. The timing of the peak menhaden density varies among years but it is generally in March or early April (Warlen, 1994), a time when our collections were limited (Table 2). Higher densities than we measured probably occurred; but we missed them due to our limited sampling. Other possible explanations for the low menhaden density include, that the 94 year-class was smaller than usual or that densities inside the inlet are higher than those outside the inlet. These possibilities will be evaluated in the coming year by comparing the menhaden density data presented here with similar NOAA data 20 obtained concurrently both inside Beaufort Inlet and further offshore and with data collected in next year's study during berm construction. The samples collected were highly variable with respect to both abundance (Figure 3) and species composition (Table 3). The relatively high R2 (0.88) in both the ANOVAs (Tables 5 and 6) indicate that most of the variation in nocturnal abundance of total ichthyoplankton was attributable to the independent effects of period (sampling date), location (station), and tow type (oblique or bottom), and their various interactions. Variation among replicates samples was relatively low as indicated by error bars around the means (Figure 3) and the fact that only 12% of the total variation was unaccounted for by the factors listed above. The relative importance of the various factors in explaining variation, differs between the entire data set (Table 5) and the subset from mid-November through February (Table 6). The fraction of total sums of squares attributable to sampling period decreased from 33% in the larger data set to only 14% during the colder period. Apparently, much of the longer term variability is associated with seasonal changes, however, seasonal effects are less evident in the colder months. The significance of period during the winter is probably due to two factors; small seasonal changes in abundance of selected species, as well as sampling of different water masses (with different fish assemblages) on 21 R I I • Figure 3. Density of ichthyoplankton (no. larvae 100 m") at night by station and tow type on 14 sampling dates. Means are connected by solid (oblique tows) and dashed (bottom tows) lines. Vertical lines are ranges. 22 It , , 100 10 1 100 10 03/22/93 E O O 100 r z v } 10 F- Z W p 1 1000 U. J Q ac 100 Q J 10 1 1000 09/14/93 100 10 1 1 2 3 4 5 6 STATION t 04/21/93 ? a t 07/21/93 100 10 1 100 10 F E 0 0 1 r O Z " 100 } Z W 10 cl J Q > 100 cr. Q J 10 1 100 12/13/93 10 ?. 1 10/19/93 11/02/93 rl-' f 11/16/93 1 1 2 3 4 5 6 STATION 01/10/94 00 - 'y 10 1 100 t -- t 1 01/24/94 10 O O T 1 O ? 1000 } Z 100 W D 2 C0 U 10 J Q Q 1 J 10000 1000 02/14/94 100 10 1 2 3 4 5 6 STATION Table 5. Analysis of variance of the effects of sampling period, station location and tow type on larval fish density (ln [(no. larvae +1) 100 m-3]) in the vicinity of Beaufort Inlet, North Carolina from March 1993 through February 1994. Source df SS MS F P Model 149 444.5619 2.9836 7.30 0.0001 Period 14 164.9487 11.7820 28.82 0.0001 Station 5 19.7545 3.9509 9.66 0.0001 Tow 1 10.1146 10.1146 24.74 0.0001 P*S 55 123.7062 2.2492 5.50 0.0001 P*T 14 61.6619 4.4044 10.77 0.0001 S*T 5 6.9552 1.3910 3.40 0.0062 P*S*T 55 49.0073 0.8910 2.18 0.0001 Error 144 58.8749 0.4089 Total 293 503.4368 23 Table 6. Analysis of variance of the effects of sampling period, station location and tow type on larval fish density {ln [(no. larvae +1) 100 m'3]) in the vicinity of Beaufort Inlet, North Carolina from 16 November 1993 through 28 February 1994. Source df SS MS F P Model 69 143.8083 2.0842 7.15 0.0001 Period 6 22.5941 3.7659 12.92 0.0001 Station 4 18.2437 4.5607 15.64 0.0001 Tow 1 0.1408 0.1408 0.48 0.4893 P*S 24 44.3604 1.8483 6.34 0.0001 P*T 6 23.1868 3.8645 13.26 0.0001 S*T 4 0.7662 0.1915 0.66 0.6239 P*S*T 24 34.5172 1.4382 9.93 0.0001 Error 70 20.4072 0.2915 Total 139 164.2154 24 different days. The period*station interaction which represents approximately 1/4 of the variation in each of the data sets is most easily explained as patchiness, which had no consistent relationship to station location. The period*tow interaction accounted for 10% to 15% of the variation in each data set. In the larger data set this term is due at least in part to seasonal changes in the importance of tow depth. In the summer the effect of depth was significant with more larvae (primarily anchovies) at the bottom (Figure 3). The lack of a consistent relationship between tow depth and period during the autumn-winter period (Table 6), may be due to a tidal stage effects on vertical distribution of winter species. If so, then in our collections, which were made without respect to tide (except for the inlet station), tidal impacts would appear in either the period* tow or the three way interaction term. In both analyses (Tables 5 and 6) total larval abundance was significantly related to station. In the larger data set, station accounted for 4% of the variation and the offshore station (1), was significantly different from all other stations. Station 3 immediately west of the inlet and the eastern most station (6) also differed significantly (Tukey's Studentized range test, alpha= 0.05 and 144 df). During the November to February period, station 25 effects accounted for 13% of the variability. Mean density was lowest at the offshore station, and showed a general increase from west to east along the tidal delta 18 foot contour. The In mean density for stations 2,3,5 and 6 were as follows: 3.03 2.73, 3.54, 3.51. The two highest values, east of the inlet were significantly different than the other stations. The minimum significant difference is 0.40 (Tukey's Studentized range test with alpha= 0.05 and 70 df). Tow type (depth) accounted for a relatively small portion of the variation in total larval abundance, only 2% in the entire data set (Table 5) and was not significant in the cold weather period (Table 6). In the larger data set the In mean density was 3.46 in bottom tows and 2.95 in oblique tows. The minimum significant difference is 0.15 (Tukey's Studentized range test with alpha=0.05 and 144 df. While their was no significant difference in larval density with tow depth during the colder months, their were significant differences in vertical distribution of selected species (Table 7). Apparently the species most abundant near the bottom were offset by those more numerous in the water column; so that, abundance of all larvae showed no relationship to tow depth. Average larval size of various species varied among months (Table 8), often with the smallest present at the beginning of their seasonal occurrence. We found no indication of a difference among stations or with tow type (depth). 26 A' , I Table 7. Vertical distribution of the most frequently collected larvae during autumn and winter (September through February). N is the number of net deployments in which the species was collected. Fb and F. are observed frequencies of deployment in which a species density was greater in bottom or oblique samples. Chi-square values are adjusted with Yates correction for 1 degree of freedom. species N Fb FO Chi' P Micropogonias undulatus 100 61 39 4.41 0.05 Brevoortia tyrannus 64 30 34 0.63 ns Leiostomus xanthurus 49 31 18 2.94 0.10 Myrophis punctatus 45 9 36 15.02 0.0001 Paralichthys albicrutta 38 14 24 1.36 ns La o rhomboides 27 12 15 0.04 ns Symphurus plagiusa 24 14 10 0.38 ns Scophthalmus acruosus 17 6 11 0.94 ns Paralichthys lethostigmmaa 13 5 8 0.31 ns Paralichthys dentatus 13 10 3 2.77 0.10 27 Q) .O o U O H? 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O W C7 t t x ro cn b ro 4 (13 n W ro ro w S4 w w H H 0 1.4 N Implications of Variability in Larval Density on Impact Assessment The variability of the samples analyzed provides insight into sampling procedures appropriate for sampling in the years during and after berm construction. The data from the first year indicate: 1) that sampling from October through April is appropriate for future analyses of berm construction impacts; 2) that continued sampling of both benthic and oblique tows is appropriate; 3) and that site specific differences are significant and need to be considered in evaluation of disposal impacts. Our belief that autumn-winter sampling is most appropriate for evaluating berm construction impacts derives in part from the occurrence of differences in seasonality of species composition (Table 3). Differences among seasons in the species present, and their abundance and behavior, probably accounts for the major differences in the ANOVAs (Tables 5 and 6). The fraction of total sums of squares attributable to sampling period, decreased from 33% of the total in the entire data set, to only 14% in the autumn- winter samples. Restriction of sampling to the autumn-winter period will eliminate much of the variability in total larval abundance, at the cost of missing any impacts which occur during the summer, a period outside the time of dredge spoil deposition. comparison of pre- and post-construction winter fish density will serve as an indicator of impacts due to berm presence. Differences in winter densities among stations and between years will show the 34 A ', alp I level of impacts due to construction activity. The differences between depth or type of tow (oblique vs. bottom) are not consistent, due to variability in behavior and relative density of species present. During the summer, when anchovies were the dominant form in the ichthyoplankton (Table 3), the bottom tows contained more fish (Figure 3). The summer difference was so pronounced, that the entire data set showed a significant difference with tow type (Table 5) even though such a difference was not apparent in the smaller autumn-winter data set (Table 6). Based on the total ichthyoplankton density in the winter, we could ignore tow differences; however, the apparent differences in vertical distribution of important species (e.g., spot, croaker, summer flounder and menhaden) require the continued use of both gears (Table 7). Based on the density of larval fish in our collections, variability among replicates was low (about 12% based on ANOVA). From this we conclude that collection of additional (more than two) replicates would be less informative than collecting at more sample locations. Differences among stations are significant in both data sets (Table 5 and 6) and this difference is significant from the standpoint of berm construction impacts. Larval density measured at station 3, immediately west of the inlet, was significantly less than that measured east of the inlet. The reduction in larval density at 35 station 3 can be explained by the following scenario; water enters the inlet during flood tide, from the east or the channel, some of the larvae are retained in the estuary, and the water then exits in a westward direction during ebb tide. Westward turning of the estuarine plume as the fresher estuarine water leaves the inlet has been reported (Jack Blanton pers. comm., Skidaway Institute of Oceanography). Based on this scenario, the selection of a berm construction sight west of the inlet would appear to minimize impacts on larvae; in that, immigration is more likely from off shore or the east, they are less dense on the west, and those at the western location are more likely to be leaving the estuary rather than entering it. 36 i Literature Cited Hettler, W.F. and D.L. Barker 1993. Distribution and abundance of larval fishes at two North Carolina inlets. Estuar. Coast. Shelf Sci. 37:161-179. Hettler, W.F. and A.J. Chester 1990. Temporal distribution of ichthyoplankton near Beaufort Inlet, North Carolina, Mar. Ecol. Prog. Ser. 68:157-168. Tucker, G.M. 1951. Relation of fishes and other organisms to the scattering of underwater sound. J. Mar. Res. 10:215-238. Warlen, S.M. 1994. Spawning time and recruitment dynamics of larval Atlantic menhaden, Brevoortia tvrannus, into a North Carolina estuary. Fish. Bull. 92:420-433. Warlen, S.M. and J.S. Burke 1990. Immigration of larvae of fall/winter spawned fishes into a North Carolina estuary. Estuaries 13: 453-461. 37 Acknowledgements We thank Jerry Dublin, Dave Fuss, Mike Greene, and Harvey Walsh for their assistance in sampling. We also thank the crew of the R /V 0 s ow BU, Larry Greene and Doug Willis, for their logistical support. We thank Bill Hettler and Don Hoss for their helpful comments. 38 State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director October 26, 1994 Colonel Robert J. Sperberg District Engineer U.S. Army Corps of Engineers Wilmington District P.O. Box 1890 Wilmington, NC 28402-1890 ML ?oll DEHNR ller6l? er ., l 'IF 4 F.- REFERENCE: CD94-29, SCH95-0165: Environmental Assessment for Designation and Use of a Placement Area for Underwater Nearshore Berm, Morehead City Harbor Project, Morehead City, North Carolina Dear Colonel Sperberg: The State of North Carolina has completed its review pursuant to 15 CFR 930 Subpart C - Consistency for Federal Activities, of the referenced document for the disposal and use of dredged material for the construction of a nearshore berm adjacent to Bogue Inlet, Morehead City, Carteret County, NC. Based upon our review we agree with your determination that the project is consistent with the North Carolina Coastal Management Program, provided the following conditions are met: 1. A 401 Water Quality Certification for the project is issued by the NC Division of Environmental Management. 2. The Division of Marine Fisheries remains concerned about impacts on the benthic community that will be buried. Therefore, an assessment of benthic organisms at the berm site should be conducted. Benthic monitoring will be coordinated with the Division of Marine Fisheries. 3. There are still unanswered questions about the potential impacts on spawning migrations and larval transport due to turbidity, bottom profile, and hydrology changes associated with the berm. Therefore, the project results of monitoring by the National Marine Fisheries Service will be reviewed by appropriate state and federal agencies to determine impacts and recommendations for future actions. The Division of Marine Fisheries has also expressed concern about the potential for the project to impact the beach mullet P.O. Box 27687, Rdeigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Ecio Oppo-tuntty Affrm&hve Actio-, Employer 50% recycled/ 10% post-cons.imer paper V in the project area. Observations from past seine fishery renourishment projects indicate an east to west transport of sand which can reduce the hasgtbeen observede atw T e pre d5 t Pierlmpaln pier fishing. This addition, the Division of Marine Fisheries isn to that he mullet seine fishery depends on maintaining If you have any questions regarding our finding or request, please contact Steve Benton or TCaroline hank you yoDrvcon? derat?ontof Management, at (919)733-2293• the North Carolina Coastal Management Program. Sincerely, / 0/ Roger N. Schec ?er cc: Charles Jones, Division of Coastal Management, Morehead City David Taylor, Division of Marine Fisheries, Morehead City Mike Street, Division of Marine Fisheries, Morehead City Daniel Small, Wilmington District Army Corps of Engineers John Dorney, Division of Environmental Management Franklin McBride, wildlife Resources Commission Melba McGee, Policy and Development Chrys Baggett, State Clearinghouse / 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 A14 DEHNR October 24, 1994 Wilmington Star-News P.O. BOX 840 Wilmington, N.C. 28402 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 October 27, 1994. lease 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 John Dorney at 919/733-1786. Sincerely, ?j Jo n Dorney We lands Tech ' al Review Group usacoe.pub cc: John Dorney Wilmington DEM Region Office 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 IMPORTANT To Date Time WHILE YOU ERE OUT M J ? ??11 of Phone / Z 6 ?- AREACODE NUMBER EXTENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Signed N.C. Dept. of Environment, Health, and Natural Resources 0?' Printed on Recycled Paper ?Zl ?olzl ? em? I LAe- O,t? mul(-, 40A-c t(3.e,? I., ?Xo-ut4nf - IMPORTANT I i - - To Date 4_ n _' I V WHIL of--- 7 Phone AREA CODE TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message Ont I I l> 7M aC2n(--) Signed N.C. Dept. of Environment. Health, and Natural Resources WW NORTH CAROLINA DIVISION OF ENVIRONMENTAL MANAGEMENT PUBLIC NOTICE is hereby given that U.S. Army Corps of Engineers, Wilmington, 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 to construct underwater disposal berms on the ebbtide delta of Beaufort Inlet to dispose of dredge material from the Morehead City Ocean Bar Navigation channel,in Morehead City Harbour in Carteret 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 November 14, 1994. 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 127 Cardinal Drive Extension, Wilmington, North Carolina 27405-3845 (Wilmington Regional Office (910) 395-3900; Fax # 910-350-2004) during normal business hours and may be inspected by the public. reston How Jr. )ector N.C. Division of Environmental Management DATE: October 24, 1994 State of North Carolina Department of Environment, RIF Health and Natural Resources Ax!A Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E:) E H N F1 Roger N. Schecter, Director 09/15/94 SEP 21 1994 Mr: Jim Gregson DIVISION OF COASTAL MANAGEMENT NC DEH&NR Div. Environmental Management 127 Cardinal Drive Wilmington, NC 28405 REFERENCE: CD94-29 County: Carteret Applicant/Sponsor: U.S. Army Corps of Engineers EA: Placement of Nearshore Berm, Morehead City Harbor Project Dear Mr. Gregson: The attached Consistency Determination, dated 08/31/94 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 on the proposal and return this form to me before 09/28/94 Sin rely, tep en B. Benton Consistency Coordinator REPLY This office objects to the project as proposed. Comments on this project are attached. ::;?/-1T his office supports the project proposal. No comment. ' w R0; Date " q-A-W Agency _V-K I WAO P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 09/15/94 E3 F= F=1 II SEP 21 1994 Mr: Jim Gregson DIVISION OF NC DEH&NR COASTAL MANAGEMENT Div. Environmental Management 127 Cardinal Drive Wilmington, NC 28405 REFERENCE: CD94-29 County: Carteret Applicant/Sponsor: U.S. Army Corps of Engineers EA: Placement of Nearshore Berm, Morehead City Harbor Project Dear Mr. Gregson: The attached Consistency Determination, dated 08/31/94 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 on the form to me before 09/28/94 Sin REPLY roposal and return this This office objects to the project as proposed. ,Comments on this project are attached. This office supports the project proposal. No comment. W', to PRI P.O. Box 27687, Raielgh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper Consistency Coordinator DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Planning Division November 18, 1993 BG-WROUN -J, SUBJECT: DEM Project No. 92016, Morehead City Harbor Nearshore Berms Mr. John R. Dorney Wetlands and Technical Review Group Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: By letter dated March Section 401 Water Quality of Public Law 95-217, for associated with construct ebbtide delta of Beaufort County, North Carolina. 4, 1993, the District requested a Certification, pursuant to Section 401 the discharge of dredged material ion of underwater disposal berms on the Inlet, Morehead City Harbor, Carteret Disposal berms are being proposed as an alternative means of keeping approximately 800,000 to 900,000 cubic yards of clean, high quality sand dredged annually from the Morehead City Ocean Bar Navigation Channel within the Beaufort Inlet littoral system. The berms would be located between the 20- to 30--foot depth contours mean low water and would serve as feeder material for the ebbtide delta on either side of Beaufort Inlet. During the review of the project's Environmental Assessment in March 1993, review agencies raised their concerns regarding potential impacts of berm construction on larval fish migration through the inlet. The agencies agreed to construction of an initial berm west of the inlet contingent on both baseline monitoring and monitoring of the berm in place to assess migration patterns and abundance. Subsequently, the District made the decision to delay proceeding with the proposed project until such time that the agencies' concerns could be addressed. At this time, the National Marine Fisheries Service (NMFS), Beaufort Marine Laboratory, under contract to the Corps, is gathering -2- baseline information on larval fish migration through Beaufort Inlet. Tentatively, the initial berm is scheduled to be constructed during maintenance dredging of the Ocean Bar navigation channel in FY 95. The NMFS will be contracted to monitor larval migration and abundance once the berm is in place. At this time, we request that you continue to hold the 401 application in abeyance until the results of the baseline monitoring are provided i,u yuu. At that time, we will request that you complete the processing of the 401 application to allow construction of the initial berm. We expect to have the results of the baseline monitoring by June 1994. Should you have please contact Mr. at (910) 251-4730. any questions concerning the application, Daniel Small, Environmental Resources Branch, S' rely, Lawreoew unders Chiefg Division Copies Furnished: Mr. Jim Gregson Di 4 si or, of Environmental Managemont Wilmington Regional Field Office 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 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 MEMO TO: i- i From DATE: SUBJECT: 7. ,H, sTnrf 4 North Carolina Department of Environment, Health, and Natural Resources 4 Printed on Recycled Paper ?!V (tUlM Va?P`• 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 October 8, 1993 Mr. Dan Small U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, N.C. 28402-1890 Dear Mr. Small: DEM Project # 92016 Carteret County A M-- DEHNR On 4 March 1993, you requested a 401 Water Quality Certification from the Division of Environmental Management for your project (underwater berms) located at Morehead City Harbor in Carteret County. We wrote to you on 27 May 1992 discussing concerns that we have regarding the design of the project and placing it on hold until those concerns are addressed. As of today, we have not received a response to our earlier letter. Unless we receive a written response from you by 29 October 1993, we will consider that you have withdrawn this application and are not interested in pursuing the project at this time. Please call me at 919-733-1786 if you have any questions or would like to discuss this matter. Sincerely, Jo n R. Dorney Wetlands and Technical Review Group 92016.wtd cc: Wilmington DEM Regional Office Wilmington District Corps of Engineers Central Files John Parker;DCM 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 rIM}- (M'NN, ?'? i .sun State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street 0 Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary May 27 ; 199? Mr. Dan Small U.S. Army Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Dear Mr. Small: Re: Morehead City Harbor Underwater Disposal Berms Carteret County DEM # 92016 George T Everett, Ph.D. Director Attached for your review is a letter from the North Carolina Wildlife Resources Commission regarding the above mentioned project. Please review this letter and address their concerns regarding larval fish and the benthic community. I understand that a number of agencies recently had a meeting concerning this project. I would appreciate an update on that meeting as well. Please call me at 919-733-1786 if you have any questions. Sincerely, o R. Dorney JRD/kls Small.1tr/Vol.3 cc: Wilmington Reqional Office DEM Iti GK)NAI. 01:14 ti \tihcvillc I.rv,•rr,•„?II,• ??...._.....u.. ., ? ? ..,. . 0 North Carolina Wildlife Resources Commission 0 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Dome Water Quality Planning FROM: Richard B. Hamilton Assistant Director MAY? 5 199? - WATE.; DATE: May 14, 1992 SUBJECT: 401 Water Quality Certification for Army Corps of Engineers' plans to construct underwater berms from dredged material as associated with the Morehead City Harbor Improvement Project, Morehead City, Carteret County, North Carolina. The Wildlife Resources Commission has reviewed the subject application. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act 48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the Coastal Area Management Act (G.S. 113A-100 through 113A-128). The subject application is part of a plan to exxppand the Morehead City Harbor. Temporary storage/beach renourishment and nearshore berm construction along 20-30 ft. contours of the Beaufort Inlet delta are proposed to dispose of dredge spoil. Beaufort Inlet and adjacent nearshore waters are an important staging area for finfish and shellfish during spawning migrations and are a critical pathway for larval transport between ocean and estuary. Actual and/or potential adverse impacts resulting from nearshore berm construction include: burial of the existing benthic community at berm construction sites; interference with spawning migrations and larval transport by turbidity, bottom profile and hydrology changes associated with berm construction; and interference of berm construction with upcoming joint NC State University-National Marine Fisheries Service studies of the mechanics of larval transport and subsequent fish recruitment through Beaufort Inlet. Little is known of biological impacts associated with nearshore berm construction. The location of the proposed berms in the environmentally-sensitive Beaufort Inlet vicinity increases the potential risk to important fishery resources. Beach renourishment and approved disposal site are viable alternatives for spoil disposal. We therefore recommend that 401 Water Quality Certification not be granted for nearshore berm construction in the Beaufort Inlet vicinity. Thank you for the opportunity to review and comment on this project. Please call on us for any additional assistance. RBH/lp cc: The Honorable R. G. Sowers, III Bennett Wynne, District 2 Fisheries Biologist ROUTING AND TRANSMITTAL SLIP Date TO: (Name, office symbol, room number, building, Agency/Post) .- N f Initials Date 2. 3. 4. 5. Action File Note and Return Approval For Clearance Per Conversation As Requested For Correction Prepare Reply Circulate For Your Information See Me Comment Investigate Signature Coordination Justify REMARKS e r y o ?r Yh c •-G i g1 s Z L ? T7"J? ? q ECM ?va ?Q Gt ?1' 2 d t ? DO NOT use this form as a RECORD of approvals, concurrences, disposals, clearances, and similar actions FROM: (Name, org. symbol, Agency/Post) I S'a.G jI Room No: Bldg. Phone No. Y? , ^ We/,O" .turf,. 10.n-i.tr" 041-102 * U.S. GPO: 1990-254-313 OPTIONAL FORM 41 (Rev. 7•7 ?nserib*d by GSA FPMR (41 CFR)101.11.206 3 G w'av L DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO May 28, 1992 Regulatory Branch r--?-?" Action ID. 199200662 and State Permit No. 23-92 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, WE?? ANpS ?, .'_ . Health and Natural Resources WATER OwlY St?`I` Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the State/Federal authorization for the North Carolina State Ports Authority (NCSPA) to install a chain-link fence perpendicular to the shoreline of the Newport River, Bulkhead Channel, Morehead City Harbor, Radio Island, Carteret County, North Carolina. Also, reference NCSPA's letter of May 8, 1992, whereby they requested a permit modification to install a series of pilings from the waterward end of the chain-link fence to the mean low water (MLW) elevation contour. We have no objections to modification of the authorization as proposed provided the following conditions are included in any modified State permit: a. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. b. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. C. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if they abandon the permitted activity without having it transferred to a third party. Questions or comments may be addressed to Mr. Scott McLendon, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4725. Sincerely, G. Wayne Wright Chief, Regulatory Branch -2- copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Manag ment North arolina Department of E ironment, Health, and atural Resources ost Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 ?' ST.VF a '?v n rrr. State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management 225 North McDowell Street • Raleigh, North Carolina 27602 G. Martin, Governor May 11, 1992 Roger N. Schecter n W. Cobey, Jr., Secretary Director onel Walter S. Tulloch, District Engineer mington District Army Corps of Engineers Box 1890 mington, NC 28402-1890 SCH920-755, EA/FONSI Design Memorandum Morehead City Harbor Improvement Colonel Tulloch: By letter dated 4/13/92, I indicated that the State of North Carolina ould complete its federal consistency review of the above referenced ederal activity on or before 5/14/92. Since our earlier letter, we have earned that a meeting between several of the interested reviewing agencies as been scheduled for 5/19/92. Based upon the progress of our review to date and the timing to the /19/92 meeting, we request that our review time be extended to 6/2/92. his extension will give us the opportunity to consider questions discuzsed t the meeting in our federal consistency position.' Thank you for your consideration in this matter. Please advise us as oon as possible if you do not agree to our extension request. Sinc ely, *epe Benton Consistency Coordinator Preston Pate, Asoistan't Director NC Division of Coastal Management Charles Jones, NC Division of Coastal Management, Morehead Chris Baggett, NC State Clearinghouse Melba McGee, NC Division of Planning and Assessment John Dorney, NC Division of Environmental Management P.O. hox.27687, Raleigh, North Carolina 27611-7637 Telephone 919-733-2293 M Ay 31992 ur??iCl JP,iL1<'r 11R1 A., r..... i n nu:...,,.,,,.. A,."- V-1-- STATr State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor March 18 , 1992 George T. Everett, Ph.D. William W. Cobey, Jr., Secretary Director Col. Walter S. Tulloch U. S. COE Post Office Box 1890 Wilmington, North Carolina 28402-1890 Dear Col. Tulloch: RE: Underwater Disposal Berms, Carteret. County DEM Project # 92016, On March 13, 1992, I received an application from you for a 401 Water Quality Certification for your project entitled Underwater Disposal Berms, Morehead City Harbor in Carteret County. Our existing regulations (15A NCAC 2H .0501 (a)) require that all applicants for 401 Certifications submit seven complete copies of 401 Applications. These copies must be supplied by the Division of Environmental Management to various state and Federal agencies as specified in the same regulations. Having copies available for simultaneous review by other agencies will reduce the overall processing time for your permit application. In the past, we have not enforced this requirement and have seen processing time slowed significantly. Therefore, please send six additional copies of your 401 Certification application so we can initiate the comprehensive review required by our rules. I am unable to do this copying since there are numerous applications with this problem and our regulations state that the applicant must supply these copies. If you have any questions, please call me at 919/733-1786. Sincerely yours, -l.d Jo R. Dotney JRD/ks C cc: Wilmington District Corps of Engineers` Wilmington DEM Regional Office Division of Coastal Management, Raleigh John R. Dorney REGIONAL OFFICES Central Files Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 9 19/395 -3900 9 19/896 -7007 Pollution Prevention Pavs P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Alfirmaiive. Action Employer y61IgI4?3Me - Ode__ DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER n a?C n(J7, 1 7 f? II _ U Planning Division - P) IV Dr. George T. Everett, Director Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Dr. Everett: Enclosed is an Application for Water Quality Certification, pursuant to Section 401 of Public Law 95-217, for discharge of dredged material associated with construction of underwater disposal berms, Morehead City Harbor, Carteret County, North Carolina. Two disposal sites have been selected on the ebbtide delta of Beaufort Inlet. One site would be located on the ebbtide delta west of Beaufort Inlet and the other site would be on the east side of the inlet offshore of Shackleford Banks (see attachment to Application for Water Quality Certification). The berms would be located between the 20- to 30-foot depth contours mean low water and would serve as feeder material for the ebbtide delta on either side of Beaufort Inlet. The disposal berms are being pro- posed as an alternative means of keeping approximately 800,000 to 900,000 cubic yards of clean, high quality sand dredged annually from the Morehead City Ocean Bar Navigation Channel within the Beaufort Inlet littoral system. Construction of the initial underwater berm west of the inlet is scheduled for the winter of FY94. Should you have any questions concerning the application, please contact Mr. Daniel Small, Environmental Resources Branch, at (919) 251-4730. Sincerely, Walter S. Tulloch Colonel, Corps of Engineers District Engineer Enclosure -2- Copy 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 APPLICATION FOR WATER QUALITY CERTIFICATION STATE OF NORTH CAROLINA DATE: March 4, 1992 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: Morehead City Harbor Project, Project Modifications, Carteret County, North Carolina NATURE OF ACTIVITY: The proposed action involves disposal of dredged material in two offshore disposal sites on the ebbtide delta adjacent to Beaufort Inlet, Carteret County, North Carolina (attachment) DISCHARGE OF: Dredged material from annual maintenance of the Morehead City Harbor Ocean Bar Navigation Channel PROPOSED ACTIVITY TO BEGIN: Winter of 1994 LOCATION OF DISCHARGE: Municipality: None County: Carteret Drainage Basin: Coastal Area Receiving Waters: Atlantic Ocean Point of Discharge: Beaufort Inlet NATURE OF RECEIVING WATERS: Type: Coastal Nature: Salt Direction of Flow: Variable DESCRIPTION OF TREATMENT FACILITIES. IF ANY. PRIOR TO DISCHARGE INTO RECEIVING WATERS: N/A TYPE OF DISCHARGE INCLUDING CHEMICAL COMPOSITION. QUANTITY. FREQUENCY. TEMPERATURE. AND KINDS AND QUANTITIES OF POLLUTANTS OR CONTAMINANTS: Approximately 800,000 to 900,000 cubic yards of clean sand with some shell fragments are dredged annually from the Morehead City Harbor Ocean Bar Channel and disposed of in the Morehead City Harbor Ocean Dredged Material Disposal 1 Site offshore. This annual volume of sediment would be available for initial berm construction and for annual maintenance. Based on sediment samples taken in 1979 and 1980, the material dredged from the Morehead City Harbor Ocean Bar Channel has been classified as medium sand. The sediments dredged from the Morehead City Harbor Ocean Bar Channel consist of 96 to 99 percent fine to coarse grain sand. This material meets the criteria established in the Ocean Dumping Regulations (40 CFR 227.13(b)(1) for environmental acceptability for ocean dumping without further testing. TYPE, DIAMETER. OR CROSS-SECTION AND LENGTH OF CONVEYANCE OF DISCHARGE: Dredged material will be discharged by pipeline in open water from an ocean- certified hydraulic pipeline dredge or by bottom dumps from hopper dredges. PROJECTED FUTURE VARIATION IN THE NATURE OF THE DISCHARGE: Historical dredging records indicate that approximately 800,000 to 900,000 cubic yards of material can be expected to be dredged annually during maintenance of the Beaufort Inlet Ocean Bar Navigation Channel. This material will be used for annual maintenance of the underwater berms. NAME AND ADDRESS OF ADJOINING RIPARIAN OWNERS: None 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 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Planning Division March 4, 1992 Dr. George T. Everett, Director Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Dr. Everett: 4 fl _ AUR - 61992 JUS GROIIF`._ t wa ti R QUALITY SCC_( 01, Enclosed is an Application for Water Quality Certification, pursuant to Section 401 of Public Law 95-217, for discharge of dredged material associated with construction of underwater disposal berms, Morehead City Harbor, Carteret County, North Carolina. Two disposal sites have been selected on the ebbtide delta of Beaufort Inlet. One site would be located on the ebbtide delta west of Beaufort Inlet and the other site would be on the east side of the inlet offshore of Shackleford Banks (see attachment to Application for Water Quality Certification). The berms would be located between the 20- to 30-foot depth contours mean low water and would serve as feeder material for the ebbtide delta on either side of Beaufort Inlet. The disposal berms are being pro- posed as an alternative means of keeping approximately 800,000 to 900,000 cubic yards of clean, high quality sand dredged annually from the Morehead City Ocean Bar Navigation Channel within the Beaufort Inlet littoral system. Construction of the initial underwater berm west of the inlet is scheduled for the winter of FY94. Should you have any questions concerning the application, please contact Mr. Daniel Small, Environmental Resources Branch, at (919) 251-4730. Sincerely, Walter S. Tulloch Colonel, Corps of Engineers District Engineer Enclosure -2- Copy 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 APPLICATION FOR WATER QUALITY CERTIFICATION STATE OF NORTH CAROLINA DATE: March 4, 1992 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: Morehead City Harbor Project, Project Modifications, Carteret County, North Carolina NATURE OF ACTIVITY: The proposed action involves disposal of dredged material in two offshore disposal sites on the ebbtide delta adjacent to Beaufort Inlet, Carteret County, North Carolina (attachment) DISCHARGE OF: Dredged material from annual maintenance of the Morehead City Harbor Ocean Bar Navigation Channel PROPOSED ACTIVITY TO BEGIN: Winter of 1994 LOCATION OF DISCHARGE: Municipality: None County: Carteret Drainage Basin: Coastal Area Receiving Waters: Atlantic Ocean Point of Discharge: Beaufort Inlet NATURE OF RECEIVING WATERS: Type: Coastal Nature: Salt Direction of Flow: Variable DESCRIPTION OF TREATMENT FACILITIES IF ANY. PRIOR TO DISCHARGE INTO RECEIVING WATERS: N/A TEMPERATURE, AND KINDS AND QUANTITIES OF PULLUTANIS UK UUNIAMINANIJ: Approximately 800,000 to 900,000 cubic yards of clean sand with some shell fragments are dredged annually from the Morehead City Harbor Ocean Bar Channel and disposed of in the Morehead City Harbor Ocean Dredged Material Disposal 1 Site offshore. This annual volume of sediment would be available for initial berm construction and for annual maintenance. Based on sediment samples taken in 1979 and 1980, the material dredged from the Morehead City Harbor Ocean Bar Channel has been classified as medium sand. The sediments dredged from the Morehead City Harbor Ocean Bar Channel consist of 96 to 99 percent fine to coarse grain sand. This material meets the criteria established in the Ocean Dumping Regulations (40 CFR 227.13(b)(1) for environmental acceptability for ocean dumping without further testing. TYPE. DIAMETER. OR CROSS-SECTION AND LENGTH OF CONVEYANCE OF DISCHARGE: Dredged material will be discharged by pipeline in open water from an ocean- certified hydraulic pipeline dredge or by bottom dumps from hopper dredges. PROJECTED FUTURE VARIATION IN THE NATURE OF THE DISCHARGE: Historical dredging records indicate that approximately 800,000 to 900,000 cubic yards of material can be expected to be dredged annually during maintenance of the Beaufort Inlet Ocean Bar Navigation Channel. This material will be used for annual maintenance of the underwater berms. NAME AND ADDRESS OF ADJOINING RIPARIAN OWNERS: None 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 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Planning Division March r. Dr. George T. Everett, Director Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Dr. Everett: Enclosed is an Application for Water Quality Certification, pursuant to Section 401 of Public Law 95-217, for discharge of dredged material associated with construction of underwater disposal berms, Morehead City Harbor, Carteret County, North Carolina. Two disposal sites have been selected on the ebbtide delta of Beaufort Inlet. One site would be located on the ebbtide delta west of Beaufort Inlet and the other site would be on the east side of the inlet offshore of Shackleford Banks (see attachment to Application for Water Quality Certification). The berms would be located between the 20- to 30-foot depth contours mean low water and would serve as feeder material for the ebbtide delta on either side of Beaufort Inlet. The disposal berms are being pro- posed as an alternative means of keeping approximately 800,000 to 900,000 cubic yards of clean, high quality sand dredged annually from the Morehead City Ocean Bar Navigation Channel within the Beaufort Inlet littoral system. Construction of the initial underwater berm west of the inlet is scheduled for the winter oi- FY94. Should you have any questions concerning the application, please contact Mr. Daniel Small, Environmental Resources Branch, at (919) 251-4730. Sincerely, Walter S. Tulloch Colonel, Corps of Engineers District Engineer Enclosure Copy Furnished (with enclosure): -2- 4 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 APPLICATION FOR WATER QUALITY CERTIFICATION STATE OF NORTH CAROLINA DATE: March 4, 1992 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: Morehead City Harbor Project, Project Modifications, Carteret County, North Carolina NATURE OF ACTIVITY: The proposed action involves disposal of dredged material in two offshore disposal sites on the ebbtide delta adjacent to Beaufort Inlet, Carteret County, North Carolina (attachment) DISCHARGE OF: Dredged material from annual maintenance of the Morehead City Harbor Ocean Bar Navigation Channel PROPOSED ACTIVITY TO BEGIN: Winter of 1994 LOCATION OF DISCHARGE: Municipality: None County: Carteret Drainage Basin: Coastal Area Receiving Waters: Atlantic Ocean Point of Discharge: Beaufort Inlet NATURE OF RECEIVING WATERS: Type: Coastal Nature: Salt Direction of Flow: Variable DESCRIPTION OF TREATMENT FACILITIES, IF ANY, PRIOR TO DISCHARGE INTO RECEIVING WATERS: N/A TYPE OF DISCHARGE INCLUDING CHEMICAL COMPOSITION. QUANTITY. FREQUENCY TEMPERATURE. AND KINDS AND QUANTITIES OF POLLUTANTS OR CONTAMINANTS: Approximately 800,000 to 900,000 cubic yards of clean sand with some shell fragments are dredged annually from the Morehead City Harbor Ocean Bar Channel and disposed of in the Morehead City Harbor Ocean Dredged Material Disposal 1 Site offshore. This annual volume of sediment would be available for initial berm construction and for annual maintenance. Based on sediment samples taken in 1979 and 1980, the material dredged from the Morehead City Harbor Ocean Bar Channel has been classified as medium sand. The sediments dredged from the Morehead City Harbor Ocean Bar Channel consist of 96 to 99 percent fine to coarse grain sand. This material meets the criteria established in the Ocean Dumping Regulations (40 CFR 227.13(b)(1) for environmental acceptability for ocean dumping without further testing. TYPE. DIAMETER. OR CROSS-SECTION AND LENGTH OF CONVEYANCE OF DISCHARGE: Dredged material will be discharged by pipeline in open water from an ocean- certified hydraulic pipeline dredge or by bottom dumps from hopper dredges. PROJECTED FUTURE VARIATION IN THE NATURE OF THE DISCHARGE: Historical dredging records indicate that approximately 800,000 to 900,000 cubic yards of material can be expected to be dredged annually during maintenance of the Beaufort Inlet Ocean Bar Navigation Channel. This material will be used for annual maintenance of the underwater berms. NAME AND ADDRESS OF ADJOINING RIPARIAN OWNERS: None 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