PUBLIC NOTICE
Issue Date: March 31, 2017
Comment Deadline: May 1, 2017
Corps Action ID Number: SAW-2017-00407
The Wilmington District, Corps of Engineers (Corps) received an application from the
North Carolina Department of Transportation Ferry Division (NCDOT-FD) seeking
Department of the Army authorization to utilize NCDOT-FD dredge plants (Manteo) to
conduct maintenance dredging of the Southdock Ferry Channel and Basin on an asneeded
basis, expand the width of the entrance channel, and pump dredge material as
needed on the beach at the Northern terminus of Ocracoke Island, Hyde County, North
Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
Applicant: NCDOT, Ferry Division
Attn: Catherine Peele
159 Lucinda Lane
Powells Point, North Carolina 27966
AGENT (if applicable):
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
Section 404 of the Clean Water Act (33 U.S.C. 1344)
Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(33 U.S.C. 1413)
Location
Directions to Site: Southdock Basin and Ferry Channel is located at the end of North
Carolina Highway 12 on the north end of Ocracoke Island in Hyde County within the
Outer Banks of North Carolina.
Project Area (acres): 13 acres Nearest Town:Hatteras Village
Nearest Waterway: Pamlico Sound River Basin: Pasquotank
Latitude and Longitude: 35.1900851 N, -75.781092 W
Existing Site Conditions
The Project Area is an existing Ferry Basin and Channel located on the backside of
Ocracoke Island within the Pamlico Sound and adjacent to Hatteras Inlet. The
Southdock Ferry terminal is used by the NCDOT Ferry Division to transport the
public and supplies back and forth from Ocracoke Island to Hatteras Island and vice
versa. The basin and channel has been dredged numerous times throughout its
history. The Ferry Division has a North Carolina State Division of
Coastal Management (DCM) permit (224-87) s ince 1987 that has been
cont inuously renewed to maintenance dredge the basin and fer ry
channel and place the material in the Southdock Spoil s i te and when
needed on the beach on the north end of Ocracoke Island between the
ferry dock loading area and Hat teras Inlet . Federal authorization to
maintenance dredge was originally granted concurrent ly wi th the
DCM permi t but has s ince expi red. Two s ides of the ferry basin are
bulk headed. Areas adjacent to and included (beach disposal area) i n
the project a rea includes a number of habitats including marine and estuarine waters,
intertidal flats and shoals, sandy soft bottoms, dry beach communities, and wet beach
communities. The project area itself includes intertidal and subtidal unconsolidated
bottoms found within the Pamlico Sound and the adjacent Hatteras Inlet complex which is
subject to littoral processes typical of the barrier islands that line the North Carolina coast.
Ocracoke Island is subject to winds, rising sea levels and strong storms that gradually
push sand from the ocean side of the islands to the landside. Since Hurricane Matthew
the channel and surrounding area experienced a very dynamic change that produced a
sand shoal next to the existing channel causing it to fill in constantly. The project area
also includes 2 proposed disposal areas, the approved upland Southdock Spoil Site located
on Ocracoke Island and the sand beach located on the northern terminus of Ocracoke
Island between the hairpin stacking lanes and Hatteras Inlet (see Figure 1).
Applicant’s Stated Purpose
The purpose of the proposed project is to be able maintenance dredge the basin
and ferry channel for a period of 10 years to alleviate emergency permitting events that
often delay restoring the ferry route back to normal and safe operating conditions.
Constant shoaling cause’s safety concerns for the travelling public and ferry crew
members. Additionally by expanding a portion of the channel width the applicant
believes it will assist in being able to keep the channel from shoaling in so often and
therefore reduce the number of dredging events in the area. The periodic disposal of
dredge material on the northern terminus of the island will prevent the ferry stacking
lanes and island terminus from eroding away.
Figure 1
Project Description
The proposed action would allow the NCDOT Ferry Division to expand a portion of the
ferry channel by 75 feet in width and to conduct channel and basin maintenance dredging.
The newly dredged area will require approximately 20,000 cubic yards of material to be
removed and either pumped into the approved Southdock spoils site or deposited on the
beach on the northern terminus of the island between the hairpin curve ferry loading area and
Hatteras Inlet (see figure 1). All maintenance dredging and the proposed expanded area will
be accomplished using the NCDOT-FD cutterhead pipeline dredge. With the expansion of
75’ of channel width the permitted channel would expand from 150’ wide to 225’ wide and
create 0.9 acres of new channel bottom. Placement of material on the beach will occur only
when erosion reaches a critical point to the safety of the hairpin turn and/or traveling public
or if waters are within 85’ from the edge of pavement. The amount of material placed on the
beach during any dredging project will be up to 20,000 cubic yards and approximately 3,000
cubic yards will be placed above the normal high water mark and approximately 16,000
cubic yards below the high water mark to extend the beach out 100’. Maintenance dredging
will be limited to a depth of -12 ft. MLW in the newly proposed channel and existing basin.
The limits of dredged area are shown on the enclosed plans. These actions would be
performed on an “as needed” basis and are therefore not proposed to be limited to any
specific time of year. However as conditioned in the state authorization, the permittee is
urged whenever possible to carry out maintenance excavation during the November –
February time frame. Additionally, the state permit is conditioned to restrict beach disposal
of dredge material on the northern end of the island during sea turtle nesting season (May 1
through October 31). The Ferry Division will be required to coordinate with the Corps of
Engineers prior to each maintenance event.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to aquatic environment: Work will occur outside moratorium periods
if at all possible. However due to hurricanes/storms and shoaling in the area, emergency
situational dredging may have to occur inside the moratorium. Maintenance dredging
material not used for beach nourishment will be disposed of in an upland disposal area.
Essential Fish Habitat
Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, this
Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The
Corps’ initial determination is that the proposed project
may affect, but not likely to adversely affect EFH or associated fisheries managed by the
South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine
Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of
33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C,
the District Engineer consulted district files and records and the latest published version
of the National Register of Historic Places and initially determines that:
Should historic properties, or properties eligible for inclusion in the National
Register, be present within the Corps’ permit area; the proposed activity requiring
the DA permit (the undertaking) is a type of activity that will have no potential to
cause an effect to an historic properties.
No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps’ permit area; therefore, there will be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).
Properties ineligible for inclusion in the National Register are present within the
Corps’ permit area; there will be no historic properties affected by the proposed
work. The Corps subsequently requests concurrence from the SHPO (or THPO).
Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps’ permit area; however, the undertaking will have no
adverse effect on these historic properties. The Corps subsequently requests
concurrence from the SHPO (or THPO).
Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps’ permit area; moreover, the undertaking may have an
adverse effect on these historic properties. The Corps subsequently initiates
consultation with the SHPO (or THPO).
The proposed work takes place in an area known to have the potential for the
presence of prehistoric and historic cultural resources; however, the area has not
been formally surveyed for the presence of cultural resources. No sites eligible
for inclusion in the National Register of Historic Places are known to be present
in the vicinity of the proposed work. Additional work may be necessary to
identify and assess any historic or prehistoric resources that may be present.
The District Engineer’s final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking’s potential direct and indirect effects on
historic properties within the Corps-identified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information:
The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
The Corps determines that the proposed project
may affect, not likely to adversely affect federally listed endangered or threatened
species or their formally designated critical habitat. The Corps initiates
consultation under Section 7 of the ESA and will not make a permit decision until
the consultation process is complete.
The Corps is not aware of the presence of species listed as threatened or
endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. The Corps will
make a final determination on the effects of the proposed project upon additional
review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National
Marine Fisheries Service.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate
State agencies for review.
North Carolina Division of Water Resources (NCDWR): The Corps will generally not
make a final permit decision until the NCDWR issues, denies, or waives the state
Certification as required by Section 401 of the Clean Water Act (PL 92-500). The receipt
of the application and this public notice, combined with the appropriate application fee, at
the NCDWR Central Office in Raleigh constitutes initial receipt of an application for a
401 Certification. A waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within sixty days of receipt of a complete application. Additional
information regarding the 401 Certification may be reviewed at the NCDWR Central
Office, Transportation Permitting Unit, 512 North Salisbury Street, Raleigh, North
Carolina 27604-2260. All persons desiring to make comments regarding the application
for a 401 Certification should do so, in writing, by May 31, 2017 to:
NCDWR Central Office
Attention: Ms. Amy Chapman, Transportation Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
The application did not include a certification that the proposed work complies
with and would be conducted in a manner that is consistent with the approved
North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2
(b)(2) the Corps cannot issue a Department of Army (DA) permit for the
proposed work until the applicant submits such a certification to the Corps and
the NCDCM, and the NCDCM notifies the Corps that it concurs with the
applicant’s consistency certification. As the application did not include the
consistency certification, the Corps will request, upon receipt,, concurrence or
objection from the NCDCM.
Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management (CZM)
Act (16 U.S.C. § 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency’s 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidated State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, May 1, 2017. Comments should be
submitted to Bill Biddlecome, Washington Regulatory Field Office,
2407 West Fifth Street , Washington, North Carolina 27889, at (910) 251-4558.
L
EXISTING
BOTTOM
3:1SLOPE
2017-01-31 REVISED Channel Design Empty Channel Volume = 163,228.9 Cubic Yards
Map Produced By NCDOT, Location & Surveys
CAN
NUN
GREEN LIGHT
MATCH LINE
BUOY
GREEN LIGHTED
(919)-707-6800
Raleigh, NC 27610
1020 Birch Ridge Drive
Location & Surveys Unit
North Carolina Dept of Transportation
BUOY
RED LIGHTED
JUNCTION MARKER
RED LIGHT
GREEN DAY BEACON
RED DAY BEACON
MILEBOARD
TIDE GUAGE
DANGER SIGN
NAVIGATION AIDS
3.00 - 3.99
4.00 - 4.99
5.00 - 5.99
6.00 - 6.99
7.00 - 7.99
8.00 - 8.99
9.00 - 9.99
10.00 - 10.99
11.00 - 11.99
12.00 - 12.99
13.00 - 13.99
14.00 - 14.99
< 0.00
2.00 - 2.99
1.00 - 1.99
0.00 - 0.99
>= 15.00
DATES OF SURVEY:
INFLATABLE BUOY
WAYPOINT
NAVIGATION AIDS 2017-01-03
3
1
225’
NOT TO SCALE
12’ DEPTH
PROPOSED TYPICAL SECTION
OCRACOKE / SOUTHDOCK
SOUTHDOCK
Waypoint Latitude Longitude NC SPC 83/2011
MEAN LOWER LOW WATER
NOTES:
HORIZONTAL DATUM NAD 1983 / NA2011.
AT THAT TIME.
MADE ON THE DATES INDICATED AND REPRESENT CONDITIONS EXISTING
DATA SHOWN ON THIS MAP REPRESENTS THE RESULT OF THE SURVEYS
MLLW
DEPTHS IN FEET
Type & Number Latitude Longitude NC SPC 83/2011
N04
S03
S04
GRAPHIC SCALE
VERSION 01 ( 1983 - 2001 ) MLLW
V DATUM = NORTH CAROLINA, PAMLIC SOUND
GEOID MODEL = G2012aCONUS
ELLIPSOID = WGS84
DEPTH UNIT = US SURVEY FOOT
DISTANCE UNIT = US SURVEY FOOT
ZONE = NC-3200 NORTH CAROLINA
GRIDS = STATE PLANE NAD-83
DATUM ;
FOR SURVEY BOAT ACCESS.
AREAS INSIDE DESIGN CHANNEL WITH NO SURVEY DATA ARE TOO SHALLOW
200’ 100’ 0’ 200’ 400’
N03
N02
SF7
CAN "SF7" 35.191431874 N 75.780645466 W N 540193. E 29616589.
NAVIGATION AID WAS LOCATED ON JANUARY 3, 2017 (+/- 30 SFT).
USING VRS AND GNSS WITH EDGETECH 6205 SONAR AND CODA F175 T2 IMU.
PROJECT SURVEYED WITH THE NCDOT LOCATION AND SURVEYS BOAT,
N
NAD 83/2011
-4.0’
-8.0’
-12.0’
MLLW 0.0’
CROSS SECTION NOT TO SCALE
C 11+66.3
PROPOSED 150’ CHANNEL BOTTOM 20+13.67 35.189783178 N 75.780156579 W N 539598.2209 E 2961824.6440
17+84.66 35.189996874 N 75.780877542 W N 539668.9687 E 2961606.8334
16+02.87 35.190343165 N 75.781316006 W N 539790.6856 E 2961471.8170
13+97.43 35.190904387 N 75.781390120 W N 539994.1129 E 2961443.0645
10+00.00 35.191924247 N 75.780914651 W N 540369.6941 E 2961573.0097
Station Latitude Longitude NC SPC 83/2011
S04 35.189197108 N 75.780218120 W N 539384.4408 E 2961813.1840
S03 35.189770366 N 75.781661196 W N 539578.9858 E 2961375.4965
S02 35.190874874 N 75.781807061 W N 539979.3399 E 2961318.9101
S01 35.192034735 N 75.781266329 W N 540406.4780 E 2961466.6932
N04 35.190201730 N 75.779760226 W N 539754.3103 E 2961938.0595
N03 35.190917417 N 75.780972650 W N 540002.8962 E 2961567.5710
N02 35.190951784 N 75.780964839 W N 540015.4730 E 2961569.4979
N01 35.191813758 N 75.780562974 W N 540332.9103 E 2961679.3262
MAP DATE : January 31, 2017
SONAR OPERATIONS ENGINEER
MARK G. WARD, PLS
REGIONAL LOCATION & SURVEYS ENGINEER
K. E. HONEYCUTT PE, PLS
STATE LOCATION & SURVEYS ENGINEER
S01
N01
112.5’ LT 112.5’ RT
S02
PROPOSED 3:1SLOPE BANK
EXISTING CHANNEL DESIGN BOTTOM
PROPOSED ADDITIONAL DESIGN BOTTOM
WAYPOINTS ALONG BASIN AND CHANNEL BOTTOM 2017-01-31
PROPOSED
DESIGN CENTERLINE ALIGNMENT 2017-01-31
PROPOSED
REVISED CHANNEL
PROPOSED
BASIN AND
SOUTHDOCK at OCRACOKE
KRB
MAPPED BY :
SURVEYED BY :
SOUTHDOCK PROPOSED CH_LS_SSG_170131.PDF
FILE NAME :
75’
EXISTING DESIGN 3:1SLOPE BANK
NEW CHANNEL BOTTOM PROPOSAL
CHANGES BOTTOM WIDTH FROM 150’ TO 225’
0.904 ACRES OF NEW CHANNEL BOTTOM
Map Date:
March 13, 2017
Map Scale: 1:150'
North Carolina Dept. of Transportation
Ferry Division
Ocracoke Spoil Placement
Prepared By:
Catherine Peele
NCDOT - Ferry Division
Environmental Specialist
μ
1 :150 feet
0 37.5 75 150
Feet
Southdock