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