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USACE and Dare County meet to discuss noncompliance of dredging permits

Posted on September 30, 2024

On September 18th, 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.

On September 25th, Wilmington District conducted a meeting with members of Dare County leadership to determine a path forward to lift the suspensions.  The intent of the meeting was to discuss and define responsibilities, establish a compliance protocol and develop a path forward to reauthorize the five suspended permits.

The meeting was productive, and we believe we have an agreed upon path forward that will enable work to resume. It was determined that each permit will be addressed and modified sequentially, in an order prioritized by Dare County. Each modified permit will list a specific set of required conditions that must be met to achieve compliance. Conditions will include comprehensive surveys that will illustrate location and volume of material to be dredged.

USACE remains committed to a strong partnership with Dare County and are confident that permit conditions will 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).

Once the County provides us with their priority dredging action and requisite survey data illustrating a dredging requirement, we will be able to re-activate their first permit in a matter of days.  The timing of reactivating the remaining permits will depend on Dare County’s ability to demonstrate compliance following the re-activation of their first prioritized permit.

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U.S. ARMY CORPS OF ENGINEERS –WILMINGTON DISTRICT

69 DARLINGTON AVE, WILMINGTON, N.C. 28403

WWW.SAW.USACE.ARMY.MIL

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