Posted on September 23, 2024
WILMINGTON, N.C. – The U.S. Army Corps of Engineers (USACE) Wilmington District suspended Dare County’s permits authorizing work in federal and non-federal channels in Oregon and Hatteras Inlet complexes due to a third recorded instance of noncompliance.
Due to this suspension, all activities authorized by the permits shall be stopped immediately. This suspension will remain in place until the county provides USACE with proper documentation that an enforceable and viable protocol is in place to ensure compliance. Dare County must monitor, prevent, and self-report any future violations and non-compliance.
USACE issued Dare County its first notice of noncompliance in April 2023 pertaining to their permit to maintain Manteo / Shallowbag Bay federal channel in the vicinity of Oregon Inlet. A second notice in was issued in August of 2023. The suspension is necessary due to the continued disregard of permit conditions and failure of implementing any corrective actions.
To make this determination USACE reviewed data from the National Dredging Quality Management Program (DQM) from September 2023 to June 2024. The data shows that work was unnecessarily conducted by dredging well outside the authorized widths and depths of the navigation channels.
According to the data gathered, 98% of all dredging loads associated with both complexes were not compliant with permit conditions.
USACE remains committed to a strong partnership with Dare County, however, the permit conditions must be met to minimize adverse long term negative impacts to aquatic and cultural resources. USACE must ensure work conducted in navigable waters of the U.S. does not violate section 10 of the Rivers and Harbors Act 1899 (33 USC 403), or sections 301 and 404 of the Clean Water Act 1972, as amended (33 USC 1311 1344).
There will be a subsequent meeting between the county and USACE to collaboratively discuss and define responsibilities, a compliance protocol and a path forward to reauthorize the five suspended permits.
