Coastal Dredging: a Multi-State Synthesis of Policy, Management, and Implementation

Coastal Dredging: A Multi- State Synthesis of Policy, Management, and Implementation Draft Report to the North Carolina Marine and Estuarine Foundation Chelsea Brown and Mike Piehler UNC Institute of Marine Science | 3431 Arendell St, Morehead City, NC TABLE OF CONTENTS Introduction 2 Methods 4 Results 5 Discussion 10 Appendix A - Policy Category Descriptions 13 Appendix B - Dredging Database 15 Appendix C – Questionnaire 25 INTRODUCTION The US Atlantic coast is an economically and environmentally valuable region that has been subject to challenges from sedimentation and the resulting loss of water depth. More than half of Americans live in coastal counties with shorelines experiencing rates of relative sea level rise of 0.2-1.0 cm y-1 (Turner 1991; Miller et al. 2001; Culliton 1998; Morris et al. 2002; Riggs 2002). The position and productivity of ecologically and economically valuable habitats in these regions are controlled by water level and sediment supply (McKee and Patrick 1988; Odum et al. 1995; Roman et al. 1990; Buzzelli 1998; Levin et al 2001). Mean sea level provides a metric to divide sub- from inter-tidal habitats as emergent wetlands survive within a narrow elevation range by maintaining their vertical position (Morris et al. 2002). Low lying areas that do not accumulate sediment and grow vertically are susceptible to gradual flooding through relative sea level rise or sudden erosion during high wind or storm surge. Wetlands, marshes, and associated submerged aquatic vegetation (SAV) facilitate wave dissipation and sediment deposition which can combat erosion and provides habitats for wildlife, in and out of the water (Duarte et al., 2019; Nardin, Lera & Nienhuis, 2020, Moeller et al., 1996, Jackson, et al., 2001). Human modifications along coastlines, particularly inlet, channel and port dredging have affected coastal zones by altering sediment supplies and transport patterns. Dredging, the excavation of bottom material, is required in many areas along the coast to ensure continued waterway navigability. Despite this need, dredging and disposal operations can have detrimental environmental impacts through damage to benthic habitats (Jones, 1986; Erftemeijer et al., 2006), increases in turbidity which can create sediment plumes that smother wildlife (Wilber & Clarke, 2010, Pineda et al., 2017, Ray et al., 2005), impacts to water quality (Priest, 1981) and direct fish mortality (Wenger et al., 2017). Although dredging is a necessary activity, the potential for negative environmental outcomes has been of concern to state and federal resource managers. This concern has resulted in policy enactments and the creation of agencies and commissions to minimize and mitigate the negative effects of dredging. In recent years, realities of changing climate and rising water levels have begun to manifest themselves along U.S. shores broadening initiatives to sustain coastal communities and environments. North Carolina in particular has experienced two major hurricanes, Florence and Michael, just in the last two years that caused substantial damage. Beneficial reuse of dredged materials is one such innovation to restore, reclaim, and regrade coastal lands (Welsh et al., 2016). Beneficial reuse involves identifying areas that are in need of sediment additions, such as eroding beaches and using the dredged material from approved projects to nourish the sediment- starved shores. Historically, the dredged might otherwise have been disposed of at an upland disposal facility or deposited in the open ocean, but when used as a resource in coastal systems, the dredged material can help resist coastal erosion and further resilience goals while still maintaining waterways. There are numerous applications for beneficial reuse although it is in the early stages of implementation. Notably, the use of dredged material as a replacement for natural sediment accretion has successfully augmented beaches, creating more resilient coastlines, and increasing habitat sustainability (Welsh et al., 2016). Sediment reuse has logistical and economic costs and understanding how states can most effectively incorporate pro-beneficial reuse policy is increasingly urgent, as opportunities to protect invaluable coastal environments become more complicated and urgent due to continued degradation. Dredging is defined by NOAA as “the removal of sediments and debris from the bottom of lakes, rivers, harbors, and other water bodies…” necessary “because sedimentation—the natural process of sand and silt washing downstream—gradually fills channels and harbors.” There are two types of dredging: 1) maintenance dredging is the removal of sediment accumulated in navigation channels and harbors to sustain water depth and channel width; and 2) construction dredging is the removal of soil to create new navigation channels or open water. The Clean Water Act of 1972, the Coastal Zone Management Act of 1972 (CZMA), the National Environmental Policy Act of 1970 (NEPA), the Marine Protection, Research, and Sanctuaries Act (MPRSA), and various other federal acts regulate dredging activities at the federal level and states must comply, but many policy decisions are left to states. There is ample research that focuses on federal authority and management, but few focus on state policies guiding dredging and beneficial reuse. State legislation and permitting are the main tools for states to systematically reduce the potential and severity of dredging impacts through agency-reviewed permitting, designating protected resource areas, and restricting certain water uses. Because the effects of dredging are often state- and species-specific, policy must be accommodating of these distinctions in order to adequately protect the state’s resources. Although each state faces unique challenges which are reflected in their policy approaches, the shared goal of balancing economic and environmental interest, as well as the changing climate lend value and opportunity to cross- evaluating the approaches of other states. This analysis examines state dredging laws in five eastern U.S. coastal states with a focus on assessing North Carolina’s dredging laws related to beneficial reuse and environmental protections. The comparisons assess 4 dredging sub-topics: 1) state-specific permits, 2) wetlands/environmental considerations, 3) dredged sediment disposal, and 4) best practices. Each sub-topic was further broken down into 20 subcategories and used to identify specific variances in state policies. All of the policy data were collected in 2020 using online state policy resources and recorded in a policy matrix. In order to learn more about how government bodies involved with permitting and dredging projects implement their state’s policies, we conducted interviews with managers and agency officials. Interviews focused on questions to understand how the permitting process is implemented, their perceived program strengths, and how the process could be improved to better protect the states’ multiple interests. By developing a categorical policy matrix and gathering targeted data from our questionnaire for coastal directors and managers, we were able to compare policies across a range of coastal states and obtain an in- depth understanding of what distinctions exist in dredging policies and implementation. Based on this comprehensive assessment of dredging policies between representative states, we sought opportunities to advance dredging policy and implementation in North Carolina. Our goals were to: 1. Compare and contrast comprehensive assessments of coastal dredging policies between selected representative states 2. Examine coastal dredging policy implementation in the focal states 3. Identify potential opportunities for North Carolina to advance its coastal dredging management METHODS We sampled five US Atlantic coastal states: 1) North Carolina, 2) South Carolina, 3) Maine, 4) New Jersey and 5) Virginia. We aimed to determine distinctions in state authority and the corresponding dredging policy and did not consider federal policies. These states are representative of dredging policy, north and south, in the eastern U.S. Four focus areas were determined and 20 subcategories were defined to categorically address state-specific dredging legislation that was not affiliated with federal regulation (Appendix A). Each of the subcategories was designed to encompass the entirety of the dredging process, from pre- permitting to post-project completion. The state code law and administration codes were analyzed and compiled first and subsequent documentation, such as state water quality certifications, that was available online that related to dredging policy were evaluated. We included all laws targeting dredging, beneficial reuse, and affiliated environmental protections in coastal areas that are partially, tidally or entirely covered with water. A policy was recorded as a “Y” in the policy matrix if it was found to fall into one of the 20 dredging subcategories. Policy excerpts were also documented for further evaluation (Appendix B). This assessment aims to be comprehensive in identifying statutory provisions for coastal dredging and environmental protection, but it does not identify all laws in each state. Local authorities were not examined and where multiple state policies existed, a single encompassing example was selected to avoid unnecessary repetition. Within this framework, we evaluated policies that serve to protect ecosystems and the state’s resources by standardizing and restricting coastal

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