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HomeMy WebLinkAbout92-21 NC Division of Marine FisheriesPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermt"t for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to NC Division of Marine Fisheries, PO Box 769, Morehead Citv, NC 28557 Permit Number 92-21 Authorizing development in Brunswick County at approximately 2.68 nautical miles south of Oak Island, at AR-430 in the Atlantic Ocean, as requested in the permittee's application dated 2/15/21 (MP-1) and 2/23/21 (MP-2). and attached worknlan drawings (4)_Figure 1 of dated 11/23/20. and Figures 2-4 of dated 12/9/20. This permit, issued on July 16, 2021 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may )e suoject to lines, imprisonment or ctvu action; or may cause me permit to oe non ana vota. Artificial Reef AR-430 1) Unless specifically altered herein,.this permit authorizes placement of additional material at artificial reef AR-430, all as expressly and specifically set forth in the attached permit application, project narrative, and workplan drawings. No other structure, whether submerged, floating or stationary, shall become a permanent part of this artificial reef without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NC Division of Marine Fisheries Permit No. 92-21 Page 2 of 3 ADDITIONAL CONDITIONS Reef Structure 2) In accordance with commitments made by the permittee, reef construction within the site shall be accomplished using recycled concrete as depicted in the attached workplan drawings and project narrative. All materials shall be free from loose dirt or pollutants except in trace quantities. 3) The navigational clearances of the individual reef units shall not exceed the clearances depicted in attached Figure 4, dated 12/9/20. Permittee shall be responsible for relocating or removing any individual reef unit that violates the authorized clearances. 4) No material shall be placed at any time in any waters outside of the alignment of the reef site boundaries as indicated on the attached workplan drawings. 5) The permittee shall be required to repair, maintain and/or remove any components of the reef that are displaced from the reef site boundaries as depicted in attached workplan(s). The permittee shall be responsible for removing all portions of the reef should the site be terminated or displaced beyond repair. USACE Conditions 6) Special Conditions a. through q. listed in General Permit Number 198500194 (Artificial Reefs, attached) are conditions of this permit authorization. Particular attention should be paid to Special Conditions d. through q. General 7) In accordance with commitments made by the permittee, AR-430 site shall be marked with signage as determined by the USCG private aids to navigation. 8) All precautions should be taken by the permittee to ensure the free and full use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity shall not interfere with the public's right to free navigation on all navigable waters of the United States. 9) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corp. of Engineers, to remove, relocate or alter the work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 10) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 11) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. NC Division of Marine Fisheries Permit No. 92-21 Page 3 of 3 ADDITIONAL CONDITIONS 12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 198500194 (Action ID SAW-2012-00071). NOTE: The N.C. Division of Water Resources has assigned the project DWR Project No. 2012-0026v2. NOTE: Future development at the permitted Artificial Reef site may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. NOTE: An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DCM Coordinator: 11 /T fC Permit #: (z Z Agents: DCM Field Offices Elizabeth City Morehead City US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington: Wilmington: Wildlife Resources: Natural Heritage Program LPO: MAILING DISTRIBUTION SHEET �(G Za55S7 Washington ` (with revised work plan drawings) Wilmington (pomp (OBJECTIONS ) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlec,me (NC DOT -Remainder ECity/Washington District) Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Renee Gledhill -Earley at Environmental. Review@ncdcr.gov/ Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Jimmy Harrison Chris Pullinger — 401 Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Holley Snider — 401 (Carteret, ,Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater � Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARD) I Rodney Butler — (NCDOT) Travis Wilson DGERM APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 4. Primary Applicaitt/Landowner lnformadon Business Name Project Name (If applicable) No Division Of Marine Fisheries AR--.-, Applicant 1: First Name MI Last Name Jordan Byrum Applicant 2: First Name MI Last Name If additional applicants, please a0ach an additional page(s) with names listed. Mailing Address PO Box City Stale North Carolina Division of Marine Fisheries 769 Morehead City NC ZIP Country Phone No. FAX No. 28557 USA 252 - 808 - 8036 ext. 252 - 726 - 9218 Street Address (if different from above) Cily State ZIP 3441 Arendell Street .Morehead City NC 28557- Email jordan.byrum@ncdenr.gov 'Z Agent(Contractor information Business Name NIA Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email RECEIVED <Form continues on back> FEB 15 2021 C 252.808.2808 :: 1-888.4RCOAST :: wrww.nccoastaimanagernent.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3:,- .Pioject Location county (ran be multiple) Street Address State Rd. # Brunswick N/A N/A Subdivision Name city State Zip N/A Oak Island NC 28465 - Phone No. Lot No.(s) (if many, attach additional page with list) N/A - ext. N/A, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed pmject Lockwood Folly Long Bay C. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®NO work falls within. N/A 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.fL) 0 7,068,481 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal h/gh water) or N/A, NWL (normal water level) (If many lot sizes, please attach additional page with a list) -34 ❑NHW or ®NWL e. Vegetation on tract None f. Man-made features and uses now on tract Approximately 7500 tons concrete pipe, 85-foot steel barge g. Identify and describe the existing land uses ad_ ai .cent to the proposed project site. The surrounding waters are public trust waters and are used for multiple recreational and commercial purposes (e.g., fishing, transportation). The closest land is Oak Island approximately 2.68 nm North of the reef location. h. How does local government zone the tract? i. Is the proposed pmject consistent with the applicable zoning? N/A (Attach zoning compliance certificate, if applicable) ❑Yes []No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes []No ®NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does It involve a ❑Yes ®No []NA National Register listed or eligible property? RECEIVED <Form continues on next page> FEB 15 2021 WILMINGTON, NC 252-808-2808 :: 11-888-4RCOAST :: www.necoastaimanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the she? []Yes ®No (il) Are there coastal wetlands on the site? []Yes ®No (111) If yes to either (1) or (11) above, has a delineation been conducted? []Yes ®No (Attach documentation, If available) n. Describe existing wastewater treatment facilities. NIA o. Describe existing drinking water supply source. WA p. Describe existing storm water management or treatment systems. N/A 5.-Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®PubliciGovemment ❑Private/Community, b. Give a brief description of purpose, use, and daily operations of the project when complete. AR-430 is an existing artificial reef site, originally built to create habitat and provide fishing opportunities. A full description can be found in the attached narrative. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Up to 10,000 tons of recyled precast structures (pipe, boxes, beams, etc.) will be loaded on a contractor's barge. This material will be offloaded in the reef site using wheel loaders. The material will be stockpiled and loaded at the North Carolina Port at Wilmington: d. List all development activities you propose. Place up to 10,000 tons of recycled precast concrete at AR-430 e. Are the proposed activities maintenance of an existing pmject, new work, or both? Both I. What is the approximate total disturbed land area resulting from the proposed project? 0 ®Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A 1. Will wastewater or stommater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. ECE11/E® Donn continues on back> "FEB 15 2021 nM W r AINGTON,NC 282.808-2803 .r 1-888-4RCOAST e: www.neGoastalmalnagement.net Form DCM MP-1 (Page 4 of4) APPLICATION for Major Development Permit .6., Additional Information - In adds an to this completed:applloagon form, (MP-f).the following, Hems below, Ifapplicable, must be submitted in orderfor the application Package to be complete. Items (a) (0 are. always applicable to any major development application. Please consult the application -Instruction booklet on how to property prepare the required Items below. , a. A project narrative. b. An accurate, dated work plat (including plan view and Cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. it. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name - - - - - Phone No. i Address Name Phone No. Address -Name Phone No. J g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permiffee, and issuing dales. CAMA permit 25-12 USACE SAW-2012-00071 DWQ #12 0026 h. Signed consultant or agent authorization form, if applicable. t. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. As te ant of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), If necessary, If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued In response to this application Will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related -,to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 2/15121 Print Name Jordan 13wum Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development RECEIVED ❑DCM MP-4 Structures Information FEB 15 2021 DCM WILMINGTON,14C 252-808.2808 :: 1.888-4RCOAST :: www.necoastalmanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel ( NLW r Canal Boat Basin Boat Ramp Rock Groin Rock (excluding Breakwater shoreline NWL stabilization Length 900, Width 600, Avg. Existing Depth NA NA -34 feet MLW Final Project Depth NA NA 20 feet MCW 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CM, submerged aquatic vegetation (SAV),-shell bottom (SB), or other wetlands (WL)7 If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAv ❑SB ❑WL _ ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL ®This section no(applicab/e a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? d. (1) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA []Yes ❑No ❑NA (if) If no, attach a letter granting permission from the owner, (if) If yes, whore? e. (i) Does the disposal area include any coastal wedands/marsh f. (I) Does the disposal include any area in the water.? (CW) submerged aquatic vegetation (SAV), shell bottom (SB), []Yes []No ❑NA or other wetlands (WL)7 If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? ❑CW ❑SAV ❑SB ❑WL []None (i) Describe the purpose of disposal in these areas: RECEIVED FEB 2 3 2021 DCM WILMINGTON, NC 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12126/06 Forth ®CM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilizatlon: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap _ Breakwater/Sill_ Other — I. Source of fill material. A OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®,Yes ❑No ❑NA If yes, (ii) Amount of material to be placed in the water UP to 10,000 tons recycled Precast concrete (III) Dimensions of fill area 24 150'x150' ends= 12.39 acres 300W50'=3.1 acres 450'x600'=6.19 acres 300'x450'=3.1 acres (iv) Purpose of fill Create habitat and provide fishing opportunities within existing artificial reef 5. GENERAL f. (i) Has there been shoreline erosion during preceding 12 months? []Yes []No ❑NA (ii) If yes, state amount of erosion and source of erosion amount Information. h. Type of fill material. ❑This section not applicable b. @Will fill material be placed in coastal wellands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL ®None (ii) Describe the purpose of the fill In these areas: a. How will excavated orfill material be kept on she and erosion b. controlled? Precast concrete structures have been used successfully in North Carolina reef construction for more than 40 years. Materials used are of sufficient size and weight to remain on the reef site. c. (I) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. What type of construction equipment will be used (e.g., drag backhoe, or hydraulic dredge)? Materials will be transported to the site via barge and heavy equipment. d. (I) Will wetlands be crossed In transporting equipment to project she? []Yes ®No ❑NA (li) If yes, explain steps that will be taken to avoid or minimize environmental impacts. RECEIVED DCM WILMINGTON, NC 252-808.2808 :: 1.888.4RCOAST :: www.nccoastalmanaaement.net revised: 12/26/06 Form DCM (VIP-2 (Excavation and Fill, Page.3 of 3) 2/23/21 Date AR-430 Project Name.. Jordan Byrum Applicant Name Applicant Signature �f RECEIVED FEB 2 3 2021 ®CM WILMINGTM NC 252.808-2808 :: 1.888.4RCOAST :: www.nccoastalmananement.net revised: 12/26/06 AR-430 Location AR-430 C� APd -41 2 4 Figure Date: 11/23/2020 Figure 1. Context map showing AR-430 in Long Bay. Figure Date: 9/8/20 State of North Carolina I DivW. of Marine rtsheries 3441ArendeliStrfttiPO8m7b9lMorehead Chv.NorthCarORM28557 252-726-7021 RECEIVED FEB 15 2021 DCM WILMINGTON, NC AR-430 Proposed Boundary N o0 0 52.256' N 7 ' W • o _ Alt- " a• '�2 0 375 750 1,500 Feet I I I I I I ! Existing Material Current Reef Boundary Current Reef Center: 3W 52.190' N, 78" 10.000' W • Current Reef Center Proposed Reef Center! 33' 52.256' N, 78' 9.968' W Proposed Reef Boundary + Proposed Reef Center Figure Date: 12/9/20 Figure 2. Proposed changes to reef centerpoint and boundary. The current boundary can be seen in grey, with the proposed in black. RECEIVED 1 5 Ante of North Carolina ! Division of Marine rlaheries FEB 2021 3J 1Arcnde!I Meet i P.O. Box 769 1 Morehead City. North Carollna 28557 252-726-7021 DCM WILMINGTON, NC AR-430 Deployment Plan ❑ Existing Material Current Reef Boundary Current Reef Center: 33- 52.190' N, 78° 10.000' W ♦ Current Reef Center Proposed Reef Center: 33° 52.256' N, 7e° 9.968' W Proposed Reef Boundary + Proposed Reef Center ❑ Proposed Reef Boundary Buffer Figure Date: 12/9/20 ❑ Deployment Boxes Figure 3. Deployment will take place within the yellow gridded areas positioned in between existing material locations. Existing materials are shown green in the northeastern portion and around the center of the reef site. A 150-foot buffer has been established to ensure no material is placed outside the permitted reef boundary. The specific deployment locations are noted by the coordinates of the centroids of the deployment boxes. RECEIVED FEB 15 2021 State of North Carolina I Division of Marine Fisheries 3aa1 Arendell Street I P.O. Box 7b9 I Morehead City. North Carolina 28557 252-72b-7021 DCM WILMINGTON, NC Water Depth 34 feet Minimum 20 feet navigational clearance Figure Date: 12/9/20 Figure 4. Profile view of deployed materials Up to 14 feet vertical profile RECEIVED FEB 15 ?n?l C State of Norlh Carolina I Diuisiai of Marine Fisheries DC 3441 Armdell Street I PO. Box 769 1 Morehead Cov. North Carolina 26557 252-726-7021 RECEIVED DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD MAR 10 2021 APPLICANT: NCDivision of Marine Fisheries clo Jordan Byrum COUNTY: BrunswiCM-MHO CITY PROJECT NAME: AR-430 LOCATION OF PROJECT: 2.68 nautical miles south of Oak Island, Brunswick County within the Atlantic Ocean DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-3-21 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: MacPherson DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Weychert PUBLIC NOTICE REC'D: 3-14-21 ADJ. RIP. PROP NOTICES RECD: C) 75 DAY DEADLINE: 5-17-21 MAIL OUT DATE: 3-10-21 PERMIT FINAL ACTION: ISSUE DENY FEE RECD: $475 (6W40)Mekcironic transfer END OF NOTICE DATE: 4-4-21 DEED RECD: Yes 150 DAY DEADLINE: STATE DUE DATE: 4-4-21 AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM - Field Rep DCM - LUP Consistency Determination Local Permit Officer Corps of Engineers - Regulatory Branch DWR-401 Section _Iq� DWR-Public Water Supply } 12 DEMLR - Stormwater Zs DEMLR- Sed and Erosion �L DOA - State Property Office 3 •23 _ L Wildlife Resources Commission 3'I $ 2, DMF - Shellfish Section dq-1- 7- 2 DMF - Habitat & Enhancement DNCR - Archives & History y - 20 DNCR - Natural Heritage Program NCDOT Zol 7- -mcTl NC Dept of Commerce Recommendations for State Permit —NC DMF- c/o Jordan Byrum 3/8/21 This project appears to be consistent with the management objectives and use standards for Estuarine Waters and Public Trust Areas as stated in NCAC 07H .0206 and .0207. While there are no specific use standards for artificial reefs, the project does appear to also meet the general use standards listed in NCAC 07H .0208(a). This office has no objections to the proposed project NOrthCamUnaDepartmentofEnvhonmental.Quarty I DivislonofCoastalManagement Wilmington Oince i 127CarmnalDrive Fxten5lon i, W&n1n9ton,NorthCarollna 28405 910.796.7215' a NORTH CAROLINA ,`.invronrtninl�?rra'rq• March 10, 2021 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cu rt.wevchertCcDNCDEN R.gov SUBJECT: CAMA/Dredge & Fill Applicant: NC Division of Marine Fisheries ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division njCoawol Managemenl Project Location: Approx. 2.68 nautical miles south of Oak Island, Brunswick County in the Atlantic Ocean Proposed Project: Proposal to add 10, 000 tons of recycled concrete structure in three (3) new r deployment areas at an existing artificial reef site AR-430. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by April 4, 2021. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: PRINT AGENCY This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Shannon Jenkins NCDMF/Shellfish Sanitation SIGNATURE �.G• 7ega�w,w for Shannon Jenkins RECEIVED DATE 3/12/2021 MAR 12! 1011 MPy SECTION Statc ofNorth Carolina I Environmental Quality I Coastal Management DCM • MHD CITY r 127 Cardinal Drive Ext., Wilmington, NC 28405 9197967215 NORTH CAROLINi Elwfwmnenral Oleghij' March 10, 2021 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(oNCDEN R.gov SUBJECT: CAMA/Dredge & Fill ROY COOPER Governor MICHAEL S. REGAN 5'ecremry BRAXTON DAVIS Director, Division of('oasml Management Applicant: NC Division of Marine Fisheries Project Location: Approx. 2.68 nautical miles south of Oak Island, Brunswick County in the Atlantic Ocean Proposed Project: Proposal to add 10,000 tons of recycled concrete structure in three (3) new deployment areas at an existing artificial reef site AR-430. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by April 4, 2021. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: x This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. t?RINT NAME Mark Brown AGENCY Public Water Supply SIGNATURE `� RECEIVED DATE 3-12-21 MAR 12 2021 MP SECTION State of North Carolina I Environmental Quality l Coastal Management DCM -'MWD CITY 127 Cardinal Drive Ext., Wilmington, NO 28405 9197967215 Daniel Sams, PE Wilmington Regional Engineer North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources 910 796 7215 office 910 796 7326 direct dan. sams(rDncdenr.aov e;:5 ,E ,!, (} 4; � '�: Jllk �I 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Weychert, Curtis R Sent: Tuesday, March 23, 2021 2:21 PM To: Sams, Dan <dan.sams@ncdenr.aov> Subject: RE: CAMA Major Application: Kathy Rowlett & Mandy Norton Hey Dan, I was wondering if DEMLR had any comments on the projects listed below (sorry if there are duplicates — I tried to pick up where you left off on your last email) Kaznowski, Thomas Christenbery, Robert & Karen -Anne Pices Venture, LLC Stitt, Richard and Beth Raber Investments, LLC Webb, Stephen and Paula Herring, Tommy Phillips, Lester Linville, Aubrey & Holli Leger, John River Island HOA NCDMF AR-340 Bonanza Group LLC Brant, Nicks Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt. WevchertOricdenr.aov Weychert, Curtis R From: Sams, Dan Sent:Tuesday, March 23, 2021 3:35 PM To: Weychert, Curtis R Subject: RE: CAMA Major Application: Kathy Rowlett & Mandy Norton I will only have comment if they are over an acre in size. clan From: Weychert, Curtis R Sent: Tuesday, March 23, 20213:33 PM To: Sams, Dan <dan.sams@ncdenr.gov> Subject: RE: CAMA Major Application: Kathy Rowlett & Mandy Norton Dan, Sorry you didn't receive that one. Would you like me to send any other projects that you didn't receive from that list? Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt. Wevchert(o)ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 rw �H D_EQ� From: Sams, Dan <dan.sams@ncdencaov> Sent: Tuesday, March 23, 20213:13 PM To: Weychert, Curtis R <curt.wevchert@ncdenr.eov> Subject: RE: CAMA Major Application: Kathy Rowlett & Mandy Norton Curtis: I do not appear to have all of these, but everyone that I have an e-mail for except NCDMF is under one acre of land disturbance so neither erosion & sediment control or stormwater permit requirements would be triggered. The NCDMF project takes place in the Atlantic Ocean is not with NC jurisdiction insofar as land is concerned. Again, sorry that I am not getting to these. dan.sams 1 Received: 3/25/2021 Historic Preservation Office Due: 4/5/2021 ER 12-0038 NOR71i CAROLINA nrirnnnrc•.rtal (?unliF)' March 10, 2021 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert a()NCDENR.aov SUBJECT: CAMA/Dredge & Fill ROY COOPER Gavernor MICHAEL S. REGAN .S'ecrelary BRAXTON DAVIS Direclor, Division r jCnaalal Management NO COMMENT SBA - 3/29/2021 Applicant: NC Division of Marine Fisheries Project Location: Approx. 2.68 nautical miles south of Oak Island, Brunswick County in the Atlantic Ocean Proposed Project: Proposal to add 10, 000 tons of recycled concrete structure in three (3) new deployment areas at an existing artificial reef site AR-430. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by April 4, 2021. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY SIGNATURE DATE Historic Preservation Office 4/1 /2021 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 RECEIVED APR U>.1, 2021 i MP SECTION DCM - MHD CITY NORTH CAROL (NA )"*nI1, iiwl, aal oua/!r1 March 10, 2021 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevcherte(�NCDENR.gov SUBJECT: CAMA/Dredge & Fill ROY COOPER Gvv,,00r MICHAEL S. REGAN 5'ecrelnry BRAXTON DAVIS Direcror, Division of(oaalal Managemew Applicant: NC Division of Marine Fisheries Project Location: Approx. 2.68 nautical miles south of Oak Island, Brunswick County in the Atlantic Ocean Proposed Project: Proposal to add 10,000 tons of recycled concrete structure in three (3) new deployment areas at an existing artificial reef site AR-430. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by April4, 2021. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. `*Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding AGENCY NCDMF RECEIVED 1�" "" APR O'12021 SIGNATURE /� � � �CLz�utt� MP SECTKIN DCM-MHD 1" DATE 04/01/21 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Fite, Wilmington, NC 28405 919 796 7215 ROY COOPER Gnitinrnr - =MICHAEL S. REGAN Ixy Srcremry r., BRAXTON DAVIS NORTH CAROLINA mmaor. omlooa afr'�4val i;n^eruwnan:d i^p:irp, Alanalrem,mr March 10, 2021 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchertLBINCDENR.gov SUBJECT: CAMA /Dredge & Fill Applicant: NC Division of Marine Fisheries Project Location: Approx. 2.68 nautical miles south of Oak island, 'Brunswick County in the Atlantic Ocean Proposed Project: Proposal to add 10,000 tons of recycled concrete structure in three (3) new deployment areas at an existing artificial reef site AR-430. Please indicate below your agency's position or viewpoint on the proposedproject and return this form to Curt Weychert at the address above by Aplit' #21 If you have any questions regarding the proposed project,. contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data Is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. GR-INT NAN Wanda Hilliard AG N l�j' State Property Office ION URi Wa�y� I "2:Lrt4dy RECEIVED March 23, 2021 MAR 2 3 2021 MP SECTION Slate orNonb CMUOU I Fmiro cnW Quality l Coeval Maoag=Wt DCM - MHD CITY 127 Cardinal Dri%v FxL, Wd=91M NC 29405 919 7967215 a March 10, 2021 MEMORANDUM: 4.21, 03• I5.('G FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax 252-247-3330 (Courier 11-12-09) cu rt.wevchertON CDENR.cov SUBJECT: CAMA/Dredge & Fill ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS {/gliftK�'nfilll Applicant: NC Division of Marine Fisheries Project Location: Approx. 2.68 nautical miles south of Oak Island, Brunswick County in the Atlantic Ocean Proposed Project: Proposal to add 10,000 tons of recycled concrete structure in three (3) new deployment areas at an existing artificial reef site AR-430. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert t the address above by Apri14, 2021. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached" VI This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Mti+7t. 1. T:xunn AGENCY A hh ( SIGNATURE AAA., 1-%�, RECEIVED MAR 1 81021 DATE 3 IS 702 I MP SECTION DCM - MHD CITY Slam ofNoa Carolina I Ewimommw Quality l C nml Managaomt 127 Cudinal Driw En. WikningWm NC 29405 9197967215 ROY COOPER ti'o,m" i MICHAEL S. REGAN 1 S•rn9mY' BRAXTON DAVIS Uim1111 !hr'r.nw Af iursro! .10,wJ,kmerl March 10, 2021 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11.12-09) curtwevchertrolNCDEN R.00v SUBJECT: CAMA /Dredge & Fill Applicant: NC Division of Marine Fisheries Project Location: Approx. 2.68 nautical miles south of Oak island, Brunswick County in the Atlantic Ocean Proposed Project: Proposal to add 10,000 tons of recycled concrete structure in three (3) new deployment areas at an existing artificial reef site AR-430. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by April4, 2021. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME M a r (r �- Q 1 J) a AGENCY �� iJ ZI o [p Yrwt a�vcl SIGNATURE RECEIVED MAR 1.8101j DATE 6 2 I MP SECTION hAwn r;ITY Stile of North Carolina I Envim=mtel Quality I Coastal Maoagemmt 127 Cardinal Drive ExL, W lmingtom NC 2M 919 796 7215 DocuSignInvelope ID: 9FDB0421-5EB2-405B-92EA-A5CCFB7FB02A ROY COOPER Govemor DIONNE DELLI-GATTI secretary S. DANIEL SMITH Director NC Division of Marine Fisheries Attn:Jordan Byrum P.O. Box 769 Morehead City, NC 28557 NORTH CAROLINA Environmental Quality April 14, 2021 RECEIVED APR 1,9 2021 MP SECTION DCM - MHD CITY DWR f120120026v2 Brunswick County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Artificial Reef 430 (AR-430) Sanctuary —Atlantic Ocean Dear Mr. Byrum: You have our approval for the impacts listed below for the purpose described in your application by the Division of Water Resources on March 10, 2021. These impacts are covered by the attached Water Quality General Certification Number 4136 and the conditions listed below. This certification is associated with the use of General Permit Number 198500194 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification and to the additional conditions itemized below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream N/A N/A 404/401 Wetlands N/A N/A Open Waters Approximately 12.4 Figures 1 thru 3 and acres (approximately project narrative. 10,000 tons recycled concrete) �QgQpNorth Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension l Wilmington, North Carolina 28405 �c �\ r 910.796.7215 DocuSign Envelope ID: 9FDB042l-5EB2-405B-92EA-A5CCFB7FB02A DWRa20120026v2 Page 2 of 3 This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 026.0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional Conditions: 1. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)] 2. The Permittee shall adhere specifically to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0221] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 RECEIVED APR 19 2021 MP SECTION DCM - MHD CITY D W R#20120026v2 DocuSig »Envelope ID: 9FD80421-5EB2-405B-92EA-ASCCFB7FB02A Page 3 of 3 This letter completes the review of the Division under section 401 of the Clean Water Act and 1SA NCAC 02H .0500. Please contact Holley Snider at 910-796-7215 or Hollev.Snider@ncdenr.zov if you have any questions or concerns. Enclosures: GC4136 Sincerely, DocuSigned by: 7I, � S U" -3ABA14ACIDC434... Morel la Sanchez -King Regional Supervisor Water Quality Regional Operations Section Division of Water Resources Wilmington Regional Office RECEIVED cc: Curt Weychert, DCM Morehead City Office (via email) APR 19 2021 Greg Currey, USACE Wilmington Regulatory Field Office (via email) Maria Dunn, NCWRC, (via email) MP SECTION DWR 401 & Buffer Permitting Unit file DCM - MHD CITY MEMORANDUM To: Curt Weychurt From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination — NC DMF AR-430— Oak Island, Brunswick County Date: April 9, 2021 Consistency Determination: This,.project is consistent with the 2017 Town of Oak Island Comprehensive Land Use Plan. The applicant proposes to add 10,000 tons of recycled concrete structure in three new deployment areas at existing artificial reef site AR-430. The project is located within the Atlantic Ocean, approximately 2.68 nautical miles south of Oak Island. I have reviewed this proposal for consistency with the Town of Oak Island CAMA Land Use Plan and offer the following comments. The general area of the project is NOT classified in the LUP. Waters at the project site are classified as SB and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. Areas of Environmental Concern (AEC's) are PTA. The Oak Island Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this project. This project is consistent with the Town of Oak Island Land Use Plan Update. Cc: FILE RECEIVED APR 0`9 2021 MP SECTION DCM - MHD CITY U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2012-00071 County: Brunswick County U.S.G.S. Quad: Lockwoods Folly GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Jordan Byrum NC Division of Marine Fisheries Address: Post Office Box 769 Morehead City NC, 28557 Telephone Number: Size (acres) Nearest Waterway Atlantic Ocean USGS HUC 03040208 RECEIVED J U L 1 6 2021 Nearest Town Oak Island River Basin Lower Pee [ude:33)Lee - 3%—;CT`0N MHD Coordinates Lati.86 3 Longitude:-78.1666666666667 Location description: The project site is located in deep water approximately 2.68 nautical miles south of Oak Island, Brunswick County, within the Atlantic Ocean. The center of the site is currently located at 330 52.190"N and 780 10.000"W. The entire site encompasses approximately 162 acres in area or a circle with a diameter of 3,000 feet. It is located approximately 270' to the west of an area named Middleton Rock. Description of project area and activity: The North Carolina Division of Marine Fisheries is proposing to add 10,000 tons of recvcled concrete structure at three new deployment areas at existing artificial reef site AR-430. A proposed shift of the reef center point to the northeast will occur. The shift will not change the acreage of the site, but will be reauired in order to encompass all reef materials previously deployed Recycled concrete material will be placed in three new deployment areas in the southwestern auadrant of the project area Two of the areas will measure 300 ft. long by 450 ft. wide (3.1 acres) and one area will measure 450 ft Ion by 600 ft. wide. The placement areas will all be located in water with an angroximate depth of -34' below Mean Low Water (MM, allowing for a minimum of 20' of clearance at low water. A 150 ft. buffer is proposed around the deployment locations Deployment will be via barge with a uroposed stockpile location at the Wilmington Port Please note, a Coastal Area Management Act (CAMA) permit authorization must be obtained from the North Carolina Division of Coastal Management (DCM) prior to commencing any work on this project. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: 198500194 SPECIAL CONDITION: Special Conditions a. through q. listed in General Permit Number 198500194 (Artificial Reefs, attached) are conditions of this permit authorization. Particular attention should be paid to Special Conditions d. through q. SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application, information and attached maps and drawings dated November 23, 2020 and December 9, 2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. SAW-2012-00071 Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the perm ittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or at Gregory.E.Currevla�usace.army.mil. CURREY.GREGORY 0191tauysi9aed by CURREY.GREGORY.EUGENE.105 . E U G E N E.1051011 1011950 Date: 2021.07.1614.35:19 Corps Regulatory Official: 950 ' 04ro0 Date: July 16, 2021 Expiration Date of Verification: December 31, 2021 A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued Action ID: SAW- R C E WE T'11 B. Basis For Jurisdictional Determination: C. Remarks: J U L 1 6 2021 I. D. Attention USDA Program Participants NSP QECTION MH This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. SAW-2012-00071 E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: Date of JD: Digitally signed by CURREY•GREGORY•E CURREY.GREGORY.EUGENE.1051 UGENE.1051011950 011950 Date: 2021.07.16 14:36:15-04'00' Gregory Currey Expiration Date of JD: The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at httl2:Hcoipsmgpu.usace.gM.mil/cm aoex/f?p=136.4.0. Copies furnished by email: Tara MacPherson (NC DCM) Gregg Bodnar (NC DCM) Holley Snider (NC DWR) jRECEIVED J U L 1 6 2021 RIP SECTION RAHID Action ID Number: SAW-2012-00071 County: Brunswick County Permittee: Jordan Byrum NC Division of Marine Fisheries Project Name: North Carolina Division of Marine Fisheries (NCDMF) AR430 Date Verification Issued: July 16, 2021 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date 0 March 10 2021 MEMORANDUM. FROM Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(fDN CDEN R. aov SUBJECT CAMA/Dredge & Fill Applicant: NC Division of Marine Fisheries ROY COOPER oaverrrar MICHAEL S. REGAN &aelarl' BRAXTON DAVIS Uireelnr, Div'o. rrfCaaaal Management Project Location: Approx. 2.68 nautical miles south of Oak Island, Brunswick County in the Atlantic Ocean Proposed Project: Proposal to add 10,000 tons of recycled concrete structure in three (3) new deployment areas at an existing artificial reef site AR-430. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by Apill 4, 2021. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT AGENCY SIGNATURE DATE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Driw Ext., Wilmington, NC 29405 919 796 7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: NC Division of Marine Fisheries, c/o Jordan Byrum 2. LOCATION OF PROJECT SITE: Approximately 2.68 nautical miles south of Oak Island, Brunswick County, within the Atlantic Ocean. Lat: 33152'11XI N Long: 78010'0011 W 3. INVESTIGATION TYPE: CAMAI Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — NIA Was Applicant Present — N/A 5. PROCESSING PROCEDURE: Application Received — February 15, 2021 R1 A Complete — March 3, 2021 Office - Wilmington SITE DESCRIPTION: (A) Local Land Use Plan — N/A Land Classification From LUP — WA (B) AEC(s) Involved: PTA (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing — N/A Planned — N/A (F) Type of Structures: Existing —Artifical Reef Planned — 3 New,deployment areas within Artificial Reef AR430 (G) Estimated Annual Rate of Erosion: N/A Source- Source- NIA HABITAT DESCRIPTION: [AREA] DREDGED Flu Fn nTHFR (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open Water 540,000 sq. ft. (C) High Ground (D) Total Area Disturbed: —12.4 Acres (E) Primary Nursery Area: No (F) Water Classification: SB Open: No PROJECT SUMMARY: The applicant is proposing to add 10,000 tons of recycled concrete structure in three new deployment areas at existing artificial reef site AR-430. NC Division of Marine Fisheries- c/o Jordan Byrum Page 2 9. PROJECT DESCRIPTION: The project site is located in deep water approximately 2.68 nautical miles south of Oak Island, Brunswick County, within the Atlantic Ocean. The center of the site is currently located at 33° 52.190"N and 78010.000'W. The entire site encompasses approximately 162 acres in area, or a circle with a diameter of 3,000 feet. It is located approximately 270' to the west of an area named Middleton Rock. Substrate at the site was found by the applicant to consist of 2' to 5.5' of sandy bottom over limestone rock. The waters of the Atlantic Ocean are classified as SB by the NC Division of Water Quality and they are not designated as Primary Nursery Area (PNA) by the NC Division of Marine Fisheries. PROPOSED PROJECT: The North Carolina Division of Marine Fisheries is proposing to add 10,000 tons of recycled concrete structure at three new deployment areas at existing artificial reef site AR-430. State Permit No. 25-12 was,originally issued to the Division of Marine Fisheries on April 2, 2012 for construction of an artificial reef (AR-430) consisting of two high -density fields and two low - density fields of reinforced concrete pipe (RCP) within a circular project area measuring 3,000 feet in diameter. The permit was modified on August 23, 2016 for the construction of additional patch reefs and the sinking of a hulled barge at AR 430 and was renewed once on July 25, 2016. State Permit No. 25-12 expired on December31, 2017. According to the applicant, a proposed shift of the reef centerpoint to the northeast would be required to change the designated reef boundary. The center of the site would now be located at 33° 52.256"N and 78°9.968"W. The shift would not change the acreage of the site, but would be required in order to encompass all reef materials previously deployed (see Narrative and Figure 2). The application states that the recycled concrete material would be placed in three new deployment areas in the southwestern quadrant of the project area. Two of the areas would measure 300 ft. long by 450 ft. wide (3.1 acres) and one area would measure 450 ft. long by 600 ft. wide (6.2 acres) (see Figure 3). Approximately 10,000 tons of recycled concrete material (mostly pipe) would be deployed at the project site. The placement areas would all be located in water with an approximate depth of -34' below Mean Low Water (MLW), allowing for a minimum of 20' of clearance at low water. A 150 ft. buffer is proposed around the deployment locations. Deployment would be via barge with a proposed stockpile location at the Wilmington Port. 10. ANTICIPATED IMPACTS: Approximately 12.4 acres of Public Trust Area would be filled as a result of this project. Temporary increases in turbidity could be expected to result from the project. It does not appear that the project would cause a hazard to navigation. Submitted by: Tara MacPherson Date: 318/21 Office: Wilmington DEQ North Carolina Department oMvhu mentalQuality I MislonofCoastalmanagement WilmingtonnOffice 1, 127Cardlnai D[I{'e Enmlotl IWilinmgton, North Carolina 28405 910.796:7215 ROY COOPER Goverma MICHAEL S. REGAN se"Wary JOHN G. BATHERSON A'tingtilre<tor NCDMF Artificial Reefs The North Carolina Division of Marine Fisheries (NCDMF) Artificial Reef Program has been formally operating since the 1970's and manages 68 artificial reefs and oyster sanctuaries. Twenty-five (25) of these sites are located in estuarine waters, and the remaining 43 are in ocean waters. In 2016, the NCDMF released an artificial reef guide which outlines each of the artificial reefs and oyster sanctuaries. This document provides material information, latitude longitude information, and a figure of the material on the reef site. A pdf version of the hardcopy reef guide can be found at: htto://oortal.ncdem.orlt/c/document library/get file?uuid=24160156- 4b96-49e6-9126-4fa488b49cbb&groupId=38337. The NCDMF Artificial Reef Program has also developed an interactive reef guide, set up in an ArcGIS format is available here: hMs://ncdenr.mans.arcgis.com/apps/webappviewer/index html?id=3b27e8594eb6444c88b5525b f763aa55. The interactive guide is complete with material shapefiles, latitude/longitude information, and side -scan sonar imagery. This is available for review by the public, state, and federal agencies. Boundaries for each reef site were defined in a boundary packet which detailed the coordinates of each reef, material locations, reef boundaries, and acreages of reefs and materials. This packet was accepted by Division of Coastal Management on July 10, 2017 and USACE on October 25, 2017. Letters acknowledging the acceptance of this reef packet are shown in attachments 1, 2 and 3. Project Background AR-430 is located about 2.68 nautical miles S of Oak Island as shown in Figure 1. AR- 430 was originally permitted in 2012 by NCDCM (permit #25-12) and US Army Corps of Engineers (SAW-2012-00071). The reef is 162.27 acres in size and currently contains about 16.8 acres of material, concrete pipe and an 85-foot barge. MLW depth is 34 feet and navigational clearance is listed as 20 feet. Artificial reef materials are selected on four primary considerations: Function, compatibility, durability, and stability. Accepted materials include concrete, vessels, and natural materials and were chosen based on the above criteria, using guidance from internal program studies, The ASMFC/GSMFC Guidelines for Marine Artificial Reef Materials (Second Ed., _ 2004), The Environmental Protection Agency's (EPA) National Guidance: Best Management Practices (BMPs) for Preparing Vessels Intended to Create Artificial Reefs, and the NOAA/NMFS National Artificial Reef Plan. Concrete structures include recycled pre -fabricated materials, crushed concrete, and pre -designed concrete reef material. These concrete structures must be free of protruding rebar and any open bottomed structure must have an opening in the top equal to the bottom opening or 3-feet in diameter (whichever is lesser) to allow listed species to escape. Vessels consist of preferably large steel hulled vessels for longevity. Examples of natural material include calcium carbonate shells, limestone marl, granite and basalt.E,VED materials must be cleaned and prepared in accordance with United States Corps of En FEB 15 2021 State of North Cardin. I OWfsion of Marine nshertes LMINGTON, NC 3441 Arendell Street : P.O. Boz 7641 Morehead Clty. North Carolina 28557 I)CM Wi 252.7267021 General (Regional) Permits (#GP198500194 or #GP19000291), applicable NC Division of Coastal Management permits, Division of Water Resources permits, and conform to site -specific navigational clearance requirements published by the United States Coast Guard and NOAA Office of Coast Survey. This includes the removal of all pollutants and tangle hazards such as railings, antennas, etc., from vessels. Proposed Enhancements In preparation for this project, some previously deployed material was discovered outside the reef boundary. To remedy this, NCDMF proposes shifting the reef centerpoint to the Northeast. This will not change the acreage of the reef site, only the designated reef boundary which will encompass all reef materials. This can be seen in Figure 2. The NCDMF Artificial Reef program plans to acquire up to 10,000 tons of recycled concrete structures (primarily pipe) for use at the site. NCDMF plans to stockpile materials at the Wilmington Port. This development is planned to occur in the areas designated in Figure 3, which also shows the proposed changes to reef boundary. Deployment of the concrete materials will performed by a marine contractor selected through the state bid process. NCDMF will be on site for all deployments. Materials will be deployed with loaders on the barge. NCDMF staff, and contractors will adhere to all conditions outlined in the Section 7 Biological Opinion issued on 10/18/19 by National Marine Fisheries Service. A scoping meeting was held at which DWR was present. The date of the scoping meeting was February laf, 2021 and this project was discussed. This meeting met the requirement for requesting a pre -filing meeting under 40 CFR Part 121 for 401 Certifications in accordance with the federal Clean Water Act. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. RECEIVED FEB 15 2021 State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 7691 Morehead City. North Carolina 28557 252-726-7021 DCM WILMINGTON, NC SIGN UP SHEET SCOPING MEETING Oak Island Artificial Reef Town of Oak Island Brunswick County February 1, 2021 Name Agency Phone Email Cameron Weaver NCDEQ-DEACS 910-796-7265 Cameron.Weaverancdenr.gov Robb Mairs DWR-401 910-796-7303 Robb. Mairs(a)ncdenrgov Tara MacPherson DCM 910-796-7226 Tara.MacPerson(a)ncdenr.gov Kim Harding DMF 910-796-7475 Kimberlee.Harding(a.ncdenr.gov Greg Currey USACE (910) 523-1151 Greeory.e.Currevaa usace.armv.mil X Curt Weychert DCM 252-808-2808 Curt.Weychert(a),ncdenr.gov X Kathy Matthews USFWS 919-856-4520 x 27 Kathryn Matthews(a.fws.gov Maria Dunn NC WRC 252-948-3916 Maria.Dunn(a)ncwildlife.org Twyla Cheatwood NOAA-Fisheries 252-728-8758 Twyla.Cheatwood(anoaa.go Jason Peters DMF 252.808.8052 Jason.Petersna.ncdenr.gov Zach Harrison DMF 252-726-7021 Zachary.Harrisonl7ancdenr.gov Jordan Byrum DMF 252-808-8036 Jordan.Byg mamcdenr.gov X Unavailable NCDEQ WILMINGTON REGIONAL OFFICE 127 CARDINAL DRIVE WILMINGTON, NC 28405 910-796-7215, FAX 910-350-2004 ROY COOPER Govemor DIONNE DELLI-GATTI S-rt)ary BRAXTON DAVIS D&=Mr Mr. Jordan Byrum NC Division of Marine Fisheries PO Box 769 Morehead City, NC 28557 Dear Mr. Hardy: NORTH CAROLINA EnvrronmmWQuanry March 8, 2021 The Division of Coastal Management hereby acknowledges receipt of your application for State approval of the construction of additional artificial reefs, located approximately 2.68 nautical miles south of Oak Island, in the Atlantic Ocean. It was received as complete on March 3, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is May 17, 2021. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from March 3, 2021 you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a 'Notice of Permit Piling' postcard which must be posted at the property of your proposed development You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application: An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Tara MacPherson District Manager cc: Curt Weychert, DCM Robb Mairs, DWR Kim Harding, DMF Greg Curry, USACE k �FQ North Carallna DepartrnentofEnv mental Qyulity I DMSionofCoastelManagement Wdmington OfFlce 1127Car&WDrfve Extension I wfrmington, North Caroltna 28405 910.796.7215 NOTI(010017i LAMA PERMIT APPLIED FOR Applicant proposed to add 10,000 tons of Brunswick County in the Atlantic Ocean. COMMENTS ACCEPTED THROUGH AAr-04, 2021 APPLICANT: NC Division of Marine Fisheries Wo Jordan Byrum ru oxlow --McFahead City, NG 28557 (252) 808-8036 Amen nla FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Constal Manalgement i1 1277C-a—rdinai Dr. Ext. mmg on, NC 28405 0 March 10, 2021 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 29402 Re: Major Public Notice for. • River Island HOA / New Hanover County • NC Division of Marine Fisheries / Brunswick County Hello Angie: Please publish the attached Notice in the Sunday, March 14, 2021 issue. ROY COOPER (;.Wmnr MICHAEL S. REGAN Seeman BRAXTON DAVIS Director, Division ofCrmgni Mwmg meur The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer, (Customer No. 70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. lY, Tany 'K. ietila v Permitting Support & Customer Assistance cc: MHC Files Curt Weychert — MHC USACE Stale of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Fxt., Wilmington, NC 29405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On March 8, 2021, River Island HOA proposed to replace and reconfigure an eight (8) slip docking facility damaged by Hurricane Isaias at 123 & 127Island Bridge Way, adjacent to the Cape Fear River in Wilmington, New Hanover'County; and on March 8, 2021, NCDivision of Marine Fisheries proposed to add 10,000 tons of recycled concrete structures in three (3) new deployment areas at an existing artificial reef site AR-430 approx. 2.68 nautical miles south of Oak Island, Brunswick County in the Atlantic Ocean. Copies of these applications can be examined or copied at the office of Patrick Amico (New Hanover County) or Tara MacPherson (Brunswick County) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7425 for New Hanover County or (910) 796-7266 for Brunswick County during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to April 4, 2021 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. Attachment 1. NCDCM acknowledgement of NCDMF Artificial Reef boundary modifications Y - Coastal Management rnvaas.rwr., m..�•. July 10. 2017 NC Division of Marine Fisheries Artificial Reef Program o/o Jason Peters 3441 Aremoll St. Morehead City, NC 28557 SUBJECT: NC DMF Artificial Reef Boundary Modifications Dear Mr. Perm, ROY COOPER ow...v MICHAEL S. RECAN W,., BRAXTON C. DAVIS This letter is in response to the NC Division of Marine Fisheries Artificial Reef Progrant's request to modify and document the expansion of numerous artificial rcefand oyster sanctuary sites throughout the estuarine and coastal waters of North Carolina. The reef site boundaries specified within this letter are existing or permitted and love been accurately documented. These boundaries will be kept on file with each related CAMA permit, and on file in with the NC Division of Coastal Management in the 2017 major permit archives under 2017 NC DMF AR BOUNDARY MODIFICATION. If at any time your agency wishes to access these records, apply for a permit or permit modification, a modify a boundary, this letter shall be referenced, along with the appropriate reef site information. This etdorsemenl does not convey an active pemril w authorization to conduct development within the newly acknowledged reef site boundaries. Any future development may require modification of an active permit or the need to proceed through Elie NC Division of Coastal Management's CAMA major permitting process. Please contact a representative nfthe Division prior to the commencement army activity for this determination. Received By Date Reed � AueolnunaMCC I4 Cm ccWpmarlCuvtWayW21 Mv,i,ctlmv Hoke I IOnCmm„ra a,me I Atrah+JG) aC 26A ]9 aN3ana dAf Mbd„I Ib/.WJnruw�mr4V,p9 , alYln 114aaW RECEIVED FEB 15 ?n?i DCM a... I IC State of North Carolina I DMsion of Marine fisheries 3441.4rendNl Street I PO. Box 7bq I Morehead CRY. North Carolina 28557 252-72b-7021 AR-191 OS-10 Gibbs Shoal AR-197 OS-11 Long Shoal AR-291 OS-12 Raccoon Island AR-292 OS-13 Fee Island AR-296/OS-04 Clam Shoal OS-14 Little Creek AR-298/0S-06 Ocracoke OS-15 Swan Island AR-330 AR-160 AR-381 AR-275 AR-392 AR-315 AR-396 AR-320 AR-398 AR-342 OS-01 Croalan Sound AR360 OS-02 Deep Bay AR-364 OS-03 West Bay AR-370 OS-05 Crab Hole AR-378 OS-07 Middle Bay AR-378b OS48 Nano River AR-425 OS-09 West Bluff AR-430 If you have any questions concerning this matter, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at Rregg.bmma ncdenrp.,- a ov. CC: Roy Brownlow Frank Jennings Jonathan Howell Debbie Wilson Si/ncaely, Gregg Bodnar Division of Coastal Management Assistant Major Permits Coordinator S MCXYOM. Ira Irmaworntl(N�rl(buWMu Wma HmaeeagrOlhe I 4ODem mamma 1 Mailedetr.11e }asp 24606rbab DWARk v WdNNo+LM1 FWAW , nUMV IwM " RECEIVED FEB 15 2021 DCM WILMINGTON, NC State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 7691 Morehead City. North Carolina 28557 252-726-7021 Attachment 2. USACE acknowledgement of NCDMFArtificial Reef boundary modifications DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS WASHINGT WASHINOTON REGULATORY FIELD OFFICE ID 2407INSTM STREET WASHINOTON,N, NORTH CAROLINA 21889 October 25, 2017 NC Division of Marine Fisheries Jason Peters Artificial Reef Program c/o Jason Peters Received B 3441 Arendell St. Morehead City, NC 28557 Date Re SUBJECT: NC DMF Artificial Reef Boundary Modifications Dear Mr. Peters: This letter Is In response to the NC Division of Marine Fisheries Artificial Reef Programs request to modify and document the expansion of numerous artificial reef and oyster sanctuary sites throughout the estuarine and coastal waters of North Carolina. The reef site boundaries specified within this letter (see attached) are existing or permitted and have been accurately documented. These boundaries will be kept on file at the U.S. Army Corps of Engineers Washington Regulatory Field Office. If at anytime your agency wishes to access these records, apply for a permit, or modify a boundary, this letter shall be referenced, along with the appropriate reef site information. This acknowledgement of the reef sites does not convey an active permit or authorization to conduct development within the reef site boundaries. Any future development within these reef sites will require authorization from the US Army Corps of Engineers. Please contact Mr. Josh Pelletier at the Washington Regulatory Field Office prior to the commencement of any activity at losh.r.oelletierttOusace armv mil or by telephone at (910) 251-4605. Sincerely, Josh Pelletier, Project Manger ik Washington Regulatory Field Office RECEIVED FEB 15 2021 DCM WILMINGTON, NC State of North Carolina I Division of Marine Fisheries 3441 Arende115tem I P.O. Box 7G91 Morehead City. North Carolina 28557 25212b-7021 North Carolina Division of Marine Fisheries Artificial Reef Sites October 2017 Estuarine Reek (Coastal Inshore Waters) AR-191 AR-197 AR-291 AR-292 AR-29SIOSO4 Clam Shoal AR-29SIOS-06 Ocracoke AR-380 AR-381 AR-392 AR-396 AR-398 AR-492 OS-01 Croatan Sound Coastal Ocean Reefs (Atlantic Shoreline to 3nm) AR-160 AR-165 AR-275 AR-31S AR-320 AR-342 AR-360 AR-364 AR-370 AR-378 AR-378B AR-425 AR-430 Federal Ocean (Seaward of 3nm line) AR-130 AR-140 AR-145 AR-210 AR-225 AR-230 AR250 AR-255 AR 285 AR300 AR-302 AR-305 AR-330 AR-340 AR-345 AR 355 AR-362 AR-366 AR-368 OS-02 Deep Say OS-03 West Bay OS-05 Gab Hole OS-07 Middle Bay OS-08 Neuse River OS-09 West Bluff OS-10 Gibbs Shoal OS-11 Long Shoal OS-12 Raccoon Island OS 13 Pea Island OS-14 Uttle Creek 05-15 Swan Island AR-372 AR-376 AR-382 AR-386 AR-000 AR-420 AR-440 AR-445 AR-455 AR460 AR-465 RECEIVED FEB 15 2021 State of North Carolina I Division of Marine Fisheries DCM WILMINGTON, NC 3441 Arendell Street I P.O. Box 7691 Morehead City, North Carolina 28557 252-726-7021 Attachment 3. AR-430 page from NCDMFArtificia1 Reef boundary modifications document AR-430 0 355 710 1,420 Feet I t i i 1 r t i I 305.6° magnetic- 8.3 nautical miles from Cape Fear River Sea Buoy 24B.T magnetic - 6.7 nautical miles from Oak Island Light 105.r magnetic -3.8 nautical miles from Lodwmod s Folly Inlet Sea Buoy No proposed changes Boundary Information: Center 33° 52.190' N 78° 10.000' W Radius 11500ft. 1162.27 acres Material 1 3.43 acres Fgtae Prepared 4017 Permits: CAMA 25-12 USACE SAW-2012-00071 Site Depth 34 ft. Min. Vertical Clearance 20 ft. Clearance Verified yes + Proposed Centetpoint Ex -sting Material Reef Boundary RECEIVED FEB 15 2021 State of North Carolina I Division of Marine Fisheries DCM WILMINGTON, NC 344IArendell Strect 1 P.O.Box769I Morehead C1ty.North Gro11na28557 252-726-7021 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: R-K�A /V41& 0 tea Fee: $ t 1; # 0,ecnk CDAITS _ MHC cc Applicant: , U Agent/Contractor: Project Site County: Vl Staff: District: Wilmington Project Name: Rover File: n/a River Basin: Initial date of application submittal: Date application "received as complete" in the Field office: Permit SITE DESCRIPTION/PERMIT INFORMATION ORW: ❑Yes o PNA: ❑Yes o Photos Taken: Yes ❑ No Setback Required (riparian): Yes No Critical Habitat: ❑Yes o ❑Not Sure 15 foot waiver obtained: ❑Yes Hazard Notification Returned: ❑Yes ❑No SAV: ❑Yes No ❑Not Sure Shell Bottom: []Yes [-]No of Temporary Impacts: ❑Yes ONO Sure Sandbags: ❑Yes No ❑Not Sure Did the land use classification come/ from county LUP: ❑Yes [IN �( Mitigation Required (optional): ❑Yes o Moratorium Conditions: Environm ntal Assessment Done: ❑Yes 'lo Length of Shoreline: ❑Yes ONO ❑NA ❑NA TTTT Fr. Shellfish Area Designation: Project Desch tion: (code) Development Area: (code) Open -or- Closed � •�.1 c Crnun w nv v.. �...-.... ----.._..... ..^. �.• ..�.,��r�..., � wr. — yr rwrvn� tcnoose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) High Quality Waters (HUM ❑ Outstanding Resource Waters (OR" WCTI wunn un�wr.-.. ❑ (404) Corp. of Engineers (Jurisdictional wetlands) ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ IDS) Salt or spike grass (Distichlis spicata) ❑ (SC) Bullrush or three square (Scirpus ❑ UY) Cattail (fypha sp.) SO (JR) Black needlerush (Juncos ❑ (SP) SalVmeadow grass (Spartina roemerianus) patens) Ann[ ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Privpublic or mmm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major permit - $100 ❑ Major Modification to a LAMA Major IV Any development involving D&F of permit - $250 mo than 1 acre - $475 ❑ Permit Transfer- $100 ❑ III(S) Public or commercial W D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 Applicant: Date: Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One • 1` Newt int Y 0Y N �Ma �f V New ork Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y❑N New Work Replace Maint ❑ ❑ Y ❑ N New work Replace Maint. ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in vour Habitat code sheet. TOTAL Sq. Ft FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total includes any disturbance. Excludes any Disturbance total includes disturbance. Excludes any Habitat Name Choose One anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact tem im aac�i\s impact amount tern im ads amount ^� ❑ Fill Both ❑ Other ❑ O I�i Dredge I Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919-733-2293:: 1.83"RCOAST:: www.nccoastalmana ea ment.net revised: 02:2&'19 Date Received Date Deposited Check From Name of Permit Holder Vendor Check Number Check amount Permit Number/Comments Rct. # 3/4/2021 NC Division of Marine Fisheries DMF Electronic Payment 162521M03 3 $475.00 major fee, Oak Island artificial reef project, BrCo SPLIT 60/40 no receipt BC JOURNAL VOUCHER INQUIRY NEXT FUNCTION: ACTION: HISTORY: APP: CC ENT ID: 162521MO33 INE 0002 OMP/ACCT/CNTR EBIT/CREDIT AMOUNT EBIT/CREDIT CODE ESCRIPTION ROJECT COMP/CODE FFECTIVE DATE EVEL OF FUNDS CHK RANSFER COMPANY 1601 435100093 CR PROJECT AR430 02/17/2021 DO NOT CHECK 475.00 TOTAL: 1.6256253 ACCOUNTING RULE SOURCE CODE UPDATE AFF CH NO 113 2,515.99 4 Major Permit Fee Schedule Project Name: County: Check Nooyy& Amount: I lJ GialL��1q �iINIV��UUI`GI/_ Pcl(o�inhn��"��� Development Type Fee DCM % (14300160143510009316256253) DWQ (2430016024351000952341) lareas Private, non-commercial development hat does not involve the filling or excavation of any wetlands or open water : $250 100% ($250) 0% ($0) II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine it A.B. C, or D below applies.- III(A). Private, non-commercial development, if General Water Quality Certification No. 4144 (See attached) can be applied. $250 100% ($250) 0% ($0) III(B). Public or commercial development, if General Water Quality Certification No. 144 (See attached) can be applied: $400 100% ($400) 0% ($0) III(C). If General Water Quality Certification No. 4144 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water uality or aquatic life: $400 60% ($240) 40% ($160) III(D). If General Water Quality Certification No 4144 (see attached) cannot be applied $400 60% ($240) 41 Iv. Development trial involves the tilling and/or excavation of more than one acre of wetlands and/or open water areas:. $475 / 60% ($285) 40% ($190) DCM Coordinator: Curt Weychert County: r r Permit #: WIRO E-MAIL DISTRIBUTION SHEET n Circle one: io Rep rt / Permit for: N G 1 I ' of i vt7i1iyil�l ��j�} � Oversize Plain 3 s€nt: 1( DCM Offices: Morehead City: PT (if oversize) via Courier (v *cc Curt & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet *MHC documents (Curt & Amanda) _ Wilmington: Original hard -copy _,Z_ ONLY USACE & DWR (wTro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: atr & Carteret Cc): PN, CL, Reports, Split Sheet use both rAyi mingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports,_ Split Sheet L eg Currey (NH/BR: PN, CL, Reports, Split Sheet _ Div of Water Resources: t<obb Mairs - 401 (BR/NH): PN, CL, Reports, Split Sheet „ _c ' • "01 (PN/ON): PN, CL, Reports, Split Sheet _ Div of Water Resources: ,4heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet_ Marine Fisheries: x/m/Harding _ `ike DCM Planner/WIRO: 4 Christenbury _ Cultural Resources: Natural Heritage Prog. q<enee Gledhill -Earley Environmental Reviewjencdenraov_ Rodney Butler_ DCA-Rural Eco. Dev: irk Ziegler_ NC DOT: 6avid Harris _ Wildlife Resources: 4/�aria Dunn w/Reports State Property Office: alton: DEED �3 IVip . Moser _ ,Wanda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: Idyemy Humphrey (Bio) / Shapoen Jenkins aron Gupton, Admin. _ DEMLR: stine Hall - Stormwater Section Dan Sams - Land Quality Section _ Public Water Supply: JleZidi Cox City of Wilmington: *ftwrr�— Enforcement: Field Rep: G a 1 v1A!/ LPO Agent: DISTRIBUTED: I �-', r I Updated iavil2o CAMA/Shaun majors docs/e Agency List