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HomeMy WebLinkAbout4-21 NC Division of Marine FisheriesPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ,Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 4-21 Issued to NC Division of Marine Fisheries, PO Box 769, Morehead City, NC 28557 Authorizing development in Carteret County at Pamlico Sound and the mouth of West Bay, near Cedar Island , as requested in the permittee's application dated 10/5/20 and attached workplan drawings (5), Figures 1 2 5 of 7 all dtd 8/27/20 Figure 6 dtd "Received DCM-MHD City 10/13/20" and Figure 7 dtd 9/10/20. This permit, issued on January 13, 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 be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Cedar Island Oyster Sanctuary 1) Unless specifically altered herein, this permit authorizes the creation of a 75-acre site oyster sanctuary, including all marking buoys, 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. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. This permit must be accessible on -site 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. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NC Division of Marine Fisheries ADDITIONAL CONDITIONS Reef Structure Permit No. 4-20 Page 2 of 3 2) In accordance with commitments made by the permittee, reef construction within the site shall be accomplished using materials identified by the NC Division of Marine Fisheries as appropriate reef materials, to include limestone Class B rip rap and crushed concrete, all 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 -6 feet as measured from normal low water level. Permitte 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 workplans. The permittee shall be responsible for removing all portions of the reef should the site be terminated or displaced beyond repair. USACE Conditions 6) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/dfs/ManateeGuidelines20l7. df 7) The applicant will implement the conditions of the NC DMF Artificial Reef Programmatic Biological Opinion dated October 18, 2019. The full Biological Opinion can be located on the Wilmington District website at litti)s://www.saw.usace.armv.mil/Missions/Regulatory-Permit-Program/Agencv- General 8) In accordance with commitments made by the permittee, the corners of Oyster Sanctuary site shall be marked with signage as determined by the USCG private aids to navigation. 9) All precautions should be taken by the permittee to ensure the free and full use by the public of all navigable waters at of 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. NC Division of Marine Fisheries ADDTTIONAL CONDITIONS Permit No. 4-20 Page 3 of 3 10) 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. 11) 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. 12) 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. 13) 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 N.C. Division of Water Resources has authorized the proposed project under General Water Quality Certification No. 4175 (DWR Project No. 2020-1336), which was issued on 1/8/21. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2020-01606). NOTE: Future development at the permitted Oyster Sanctuary 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. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New --- Major Mod Permit# Permit Coordinator: Field Representative: Date Time �o�a'I � ao2o 4110 0uk Y Minor Mod Renewal _____ Transfer Messy e DCM Coordinator: Z—) K Permit AfI �,. �J 11 MAJ LING DISTRIBUTION S/H�EETI / I I � Permittee: !� T do �dCa fa(tuyt 1t � 76 kyrrLC G.% �"C &557 Agents: fal , 6v4V1Yt e_ ".Mr.. re ✓ DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City 4A Wilmington (OBJECTIONS ) US ACOE Offices: Washington: 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 Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Fiz Hair (Carteret,—Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: r.nee Gledhill -Earley at Environmental.Review@ncdcr.gov Public Water Supply: Wleidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: OV6Cowg Jimmy Harrison NC DOT: ` David Harris Shellfish Sanitation: Shannon Jenkins / Sharon Gupton State Property: Tim Walton / Mike Moser DEMLR/DWR: Sheri Montalvo / Shelton Sullivan Washington: 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) Wilmington: Robb Mairs-401 (Brunswick, New Hanover) Holley Snider — 401 (Carteret, Onslow, Pender) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) (NCDOT) Travis Wilson Natural Heritage Program Rodney Butler Ciy iUhwor �Gr1uc'[ �o. RON ■M APPLICATION for malor Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Informadon Business Name Project Name (if applicable) Nodeq/ Ncdmf Cedar Island Oyster Sanctuary Applicant 1: First Name MI Last Name Division of Marine Fisheries Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State NCDEQ/NC 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 (tdflerent from above) City State 3441 Arendell Street Morehead City NC T28557- Email Jordan.Byrum@ncdenr.gov 2. AgentContractorinformadon Business Name 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 (f different from above) City State ZIP Email REmyrill <Form continues on back> OCT 13 2020 252-808-2808 :: 1-888-4RCOA3T :: www.necoastalmanagement. 'ry Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret N/A N/A Subdivision Name City State Zip N/A N/A NC 28516 - Phone No. Lot No.(s) (d many, attach additional page with list) - - ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Neuse River Pamlico Sound, 1.5 nautical miles to the north of Cedar Island's most westem point c. Is the water body identified in (b) above, natural or manmade? d. Name the Uosest major water body to the proposed project site. ®Natural []Manmade []Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes SNo work falls within. N/A 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) N/A 3,266,303 tract c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additonal page with a list) -12.5 (1' tidal amplitude) ®NHW or ❑NWL e. Vegetation on tract none f. Man-made features and uses now on tract none g. Identify and describe the existing land uses adiacenl 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). h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? N/A (Attach zoning compliance certificate, if applicable) ❑Yes ❑No SNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes SNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No SNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does ft Involve a []Yes SNo ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED OCT 13 2020 282-808-2806 :: 1.688.4RCOAST :: www.neeonstalmanagement CMA-MI D CITY Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? []Yes ®No (ii) Are there coastal wetlands on the site? []Yes ®No IN) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes []No (Attach documentation, N available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. N/A p. Describe existing storm water management or treatment systems. N/A 5. Acfivides and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®PubliclGovemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of this program is to provide a suitable substrate, which will be protected from disturbances by commercial and recreational oysterman, for oyster spat attachment. These sanctuaries are used in a continuing effort of North Carolina to rehabilitate the oyster population. These measures will increase oyster biomass, provide broodstoc ks (increased larvae production), encourage resistance to diseases, provide finfish habitat, and other ecologically important functions of oyster reefs (e.g., water filtration, increase water clarity, and denitrification). 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. The material proposed for constructing this oyster sanctuary is any combination of previously permitted materials including: processed recycled concrete (approximately 4" to 8", with no steel, no asphalt and no hazardous material), recycled concrete pipe, and concrete reef structures (reef balls, reef cones) or recycled concrete precast products, granite rock, basalt rock, and limestone rock.. This material will be off loaded from barges/landing craft with the use of front end loaders, cranes,conveyors, and excavators depending on type and size of material. These vessels can carry several hundred to thousand of tons of material per trip. In year one, limestone class B rip rap will be deployed within the 75 acres of permitted construction area to create no less than 15 developed acres of restored oyster habitat. In subsequent years, any of the previously approved materials (Attachment 1) may be used to complete the site, for a total of up to 60 acres of developed bottom and 75 total acres of permitted sanctuary area. NCDMF coordinates all reef deployments, using either marine contractors or State -maintained vessels and staff. In either instance, NCDMF staff remain on site during all deployments to ensure enhancements remain (1) within permitted boundaries and (2) compliant with navigational clearance requirements. d. List all development activities you propose. Development activites include the placement of hard substrate for oyster colonization, and to create fish habitat. This activity would rehabiltate 60 acres of unconsolidated bottom habitat. Also, 4 pencil marker buoys will be placed at each corner boundary, depicting the orange hazard diamond, "Oyster Sanctuary", and "Rocks," in accordance with USCG ATON rules and regulations. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 60 acres of bottom ❑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 RECEIV a] OCT 13 2020 252-808-2808 :: 1-888-4RCOAST :: www.aocoastalmaaagemaat.MUMHD CITY Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit i. Will wastewater or stornwater be discharged into a wetland? []Yes ONO ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ®NA j. Is there arty mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction brooklet 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. d. 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 NIA Phone No. Address Name Phone No. Address Name Phone No. Address g. A list of previous stale or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. Major Permit #140-09 - "tract" is submerged bottom, additional area to the existing permit. h. Signed consultant or agent authorization forth, 9 applicable. 1. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owned k. A statement 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, 7. Certification and Permission to Enter on Land 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 10/5/2020 Print Name _Jordan Byrurw 'RECEIVED Signature OCT 13 2020 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagemant. 2 CITY Form DCM MP-1 (Page 5 of 5) APPLICATION for 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 ❑DCM MP-4 Structures Information Major Development Permit DECEIVED OCT 13 2020 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement. net CITY 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 Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 1807 Width 1807 Avg. Existing Depth NA NA 15 Final Project Depth NA NA 6 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or cubic yards. (i) Does the area to be excavated include coastal wetlands/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 OWL ❑None (it) Describe the purpose of the excavation in these areas: to be excavated. d. High -ground excavation in cubic yards, 2. DISPOSAL OF EXCAVATED MATERIAL ® This section not applicable a. Location of disposal area. c. (1) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any coastal wetlands/marsh (M), 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 III) Describe the purpose of disposal in these areas: area. d. (i) Will a disposal area be available for future maintenance? []Yes []No ❑NA (ii) If yes, where? (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (it) If yes, how much water area is affected? RECEIVED 252-808-2808 :: 1.8884RCOAST :: wwwmcconstalmanaaement.net Sem%M, Wr". Form DCM 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 stabilization: b. Length: []Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feel of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill Other ' I. Source of fill material. Width: _ d. Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? (it) If yes, slate amount of erosion and source of erosion amount information. It. Type of fill material. 4. OTHER FILL ACTIVITIES 07his section not applicable (Excluding Shoreline Stabilization) a. (i) WII fill material be brought to the site? ®Yes [:]No []NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW). If yes, (ii) Amount of material to be placed in the water Combination of previously permitted sanctuary materials including precast concrete, reinforced concrete pipe. crushed concrete and concrete rubble, reef balls, granite rock basalt rock and additional limestone rock necessary to construct 40 acres of habitat. (III) Dimensions of fill area 60 acres (1,607 x 1,607 ft) (iv) Purpose of fill Primarily for oyster rehabliatation by creating oyster habitat with a secondary purpose to create finfish habitat. & GENERAL a. How will excavated or fill material be kept on site and controlled? All material or reef structures will be placed onto sea bottom. All the material is immobile once set unless a catstrophic weather event happens. In such an event, a 100 foot buffer is in place to encompass movements of material. c. (i) Will navigational aids be required as a result of the project? ®Yes ONO ❑NA (ti) If yes, explain what type and how they will be implemented. Temporary buoys will be placed on site boundaries until project completeion; upon which, (4) pencil marker buoys will be placed at each corner boundary, depicting the orange hazard diamond and saying "Oyster Sanctuary" and "Rocks," in accordance with USCG ATON rules and regulations. 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 ®Nome (ii) Describe the purpose of the fill in these areas: What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? This material will be off loaded from barges/landing craft with the use of front end loaders, conveyers, radial stackers, and/or excavators depending on type and size of material. These vessels can carry several hundreds or thousands of tons of (i) Will wetlands be crossed in transporting equipment to project site? []Yes ONO ❑NA (i) If yes, explain steps that will be taken to avoid or minimize environmental impacts. RECEIVED i)CM-MHD CITY 252.808-2808 :: 1-8884RCOAST :: www.ncconstolmanaaement.net revised: 12/26/06 Foi 8 n �v O.Ail MPwe': (r:-�.a �av'afacrrn anrA a H1 , k':ra;e :1 36 aj 10/5/2020 Date Cedar Island Oyster Sanctuary Project Name Jordan Byrum Applicant/Name Applic Signature RECEIVED OCT 13 2020 DCIU-MHD Clry 252-808-2808::1.8884RCOAST:: w .nccoastalmananement.net revised: 12/26/06 Cedar Island Oyster Sanctuary Upend 1011 WssN WnsaMs last Cedar Island Site as High : 675 156 {r Current Oyster Sanctuaries a Low 0 A news Drs: w7rlato Eu. «ERE Gramm iq '� ovms�a.mvmnrows �• ^ wa ms Gie YNrwmmnry Figure 1. Density data for vessels equipped with AIS transponders during the year 2011 in the Pamlico Sound and surrounding waterways. Based on this information, there is no direct impact on vessel passage due to the construction of this proposed new oyster sanctuary. RECEIVED State of North Carolina I Dlvlsion of Marine Fisheries p•� OCT 13 2020 3441Arendell Street I P.O.Box76t1 I Morehead City. North Carolina 28557 OCA444HD Clr 252726-7021 y 1 Cedar Island Oyster Sanctuary n 14 FI R2".5s'1bft 4 M 112W A !1 meGnnflre I., NOAA OM. br Casam=, 0 Permit Corners Bethyrnetry — Permit Boundary Area ValUe ® 10011 buffer - 5 m :'•— Vc Eve NERE ryrm ml ' �e.54.eMl.Ywnlydulpn. flOuro Ona'BR]2000 Figure 2. Bathymetry scan of the proposed site for Cedar Island Oyster Sanctuary indicating a minimum depth of 11 feet and a maximum depth of 16.5 feet. RECEIVE® OCT 13 2020 State of North Carolina I Divisionof Marinen4wies 744l ArendNl Street I P.O.Iiw252-R6-reh add. North Carohm 26557 ')C'W-MHD CIS Cedar Island Oyster Sanctuary • ne s w Legend flaure0.le 8272020 0 permit Corners Deployment Lines — Permit Boundary Area Matenal Footpnnt rr 10011 buffer year 1 Deployments • w•�--.� Iv Rapof•Y LmWuticn Onpn 1.4Ynr WIGMpbYrdplf fvnl•r to lnOlMrrtflnr Mncluirr r f p Yn peNtl lS-w•nIY•nEi FMprgpe wiYb frauM 1001!l�ranp = •M CO MI wYe Sa br mra aefpn lug pmanm furtaNhrR pm.ne Esu rrERE Garmrn Ifr WfpruY ruMYbpromaM UNcesaru'oYMer Y,�aa Open51'RlMfp mMrbNprs ON+r. /N w-81^^•IeNMh Nr..m•M - •Mtn GlS uvr[ommwvtY i Figure 5. GIS drawing of the deployment strategy. Parallel "ridges" of material will be developed to streamline deployment efforts as well as increase developed acreage of oyster habitat. Year one deployments cover — 8 acres of footprint. JCi 13 2020 State of North Carolina I Division of Marine fisherles cfi#N � 3441 Arendell Street I P.O. Box 769I Morehead City, North Carolina 28557 rl.• Irp4�413 �' 252-726-7021 ly Figure 6. Conceptual drawing of a ridge of deployed material with reference buoys to guide deployments. RecelvED OCT 13 ?020 State of North Carolina I Division of Marine Fisheries OC ��1 a_IW" 3441 Arendell Sint i P.O. Box 769 I Morehead Ciry. North Carolina 28557 ^l� 25Z-716-7021 4 OS-16 Cedar Island 12 i 1 12 4 FI R 2.5s 15ft 4M 112 h 12 ,� 10 ManneCadW,l g., Woa .@c for Coaalai I,lanagement 1.3 nautical miles NW of Cedar Island Proposed Oyster Sanctuary Boundary Information NW 35' 3.471' N 76' 22.922' W NE 35' 3.463' N 76e 22.560' W SE 35' 3.165' N 76' 22.570' W SW 35' 3.173' N 76' 22.932' W site 75.00 aces Material 0 acres Figure Prepared 9110,2020 0 750 1,500 3.000 Feet I = Sanctuary Boundary siea MYt, varalal Clpranoa 6 n. CMarieoeveralralbn N/A Figure 7. 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. This is the prospective page which will be added after this reef is permitted. 48celvED �}yq OCT 13 2020 Slateof Noah Carolina I Divisionof Marine Fisherks OCA# H 3441 Arendell Street I P.O. Box 7691 Morehead City. North Carollne 28557 D C�7y 252-7267021 ROY COOPER Governor MICHAELS.REGAN Secretary BRAXTON C. DAVIS Director NC Division of Marine Fisheries Jordan Byrum Jordan.byrum@ncdenr.gov Dear Mr. Byrum, NORTH CARouNA Environmental Quality December 29, 2020 P/44i 4 This letter is in reference to the application submitted for a Coastal Area Management Act Major Permit to undertake development activities to create an Oyster Sanctuary near Cedar Island and West Bay, in Carteret County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. I I3A-122(c) which would make March 12, 2021 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Cc: DCM Morehead City Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator D Q2� North Carolina Department of Environmental Qualky I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 252.808.2808 Bodnar, Gregg From: Bodnar, Gregg Sent: Tuesday, December 29, 2020 9:25 AM To: Byrum, Jordan Subject: Cedar Island OS Attachments: DMF Cedar Island OS EXT.pdf Morning Jordan, Please see above for the extension letter. To date I am waiting on DWR 401 and have contacted them today for an update. Once those comments are in I should be able to finalize a decision shortly thereafter. Thanks, Gregg Gregg Bodnar Assistant Major permits Coordinator Division of Coastal Management Department of Environmental Quality 252 ON 28M eft 21S (Office) Gregg.82ftarpnederr,gov Emoft correspondence to and from this address is subject to the North Carolirw Public Records Low and may be disclosed to third parties. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: NCDivision of Marine Fisheries COUNTY: Carteret PROJECT NAME: Cedar Island Oyster Sanctuary LOCATION OF PROJECT: Pamlico Sound, Cedar Island DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10-13-20 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: Yes FIELD REPRESENTATIVE: Davenport DISTRICT OFFICE: MHC DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $475 (60140) # Transfer APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 10-25-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 12-27-20 EMAIL OUT DATE: 10-26-20 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 11-14-20 DEED REC'D: Yes 150 DAY DEADLINE: 3 I z-2- STATE DUE DATE: Click or tap to enter a date. AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep DCM - LUP Consistent Determination y It„� b To Local Permit Officer Corps of Engineers - Regulatory Branch It (o70Zo20 -p� (off r Z (e»+r5r' o.� DWR-401 Section t 61L k I IZO 20 - (j3(p DWR-Public Water Supply to L4 to k DEMLR - Stotmwater DEMLR - Sed and Erosion DOA - State Property Office t( Wildlife Resources Commission 0 DMF - Shellfish Section 11 1j to )c DMF - Habitat & Enhancement 1 1 iD DNCR - Archives&History DNCR-Natural Heritage Program NCDOT NC Dept of Commerce a It o NORTH CAROLINA ilniranmcnvl Oualip October 26, 2020 MEMORANDUM. FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) grenn.bodnar0NCDENR_q SUBJECT. CAMA/Dredge and Fill Application Review Applicant: NC Division of Marine Fisheries Project Location: Pamlico Sound adjacent to Cedar Island, Carteret County Proposed Project: Oyster Sanctuary ROY COOPER Gramm MICHAEL S. REGAN Sarre-} BRAXTON DAVIS Dimca>, Dnzia gjC=1 dfayamam Please indicate below your agencyis position or viewpoint on theproposed project and return this form to Grego Bodnar at the address above by November 23, 202d If you have any questions regarding the proposed project, contact Ryan Davenport 252-808-2808. 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 Lee Padrick AGENCY SIGNATURE DATE NC Commerce RECEIVE® V NOV 2 2020 KIWI 11 Stale o•Na�Cacoti^oa I EmvaD»1QWvityl CaastalMaragem� 137Or&zlD&eE,a-IL =sk=NC18:95' 9197967215 MP SECTION PAHD ROY COOPER Governor MICHAEL S. REGAN Secretary NORTH CAROLINA Environmental Quality October 26, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) arena.bodnarna NCDENR.00v SUBJECT: CAMA/Dredge and Fill Application Review Applicant: NC Division of Marine Fisheries Project Location: Pamlico Sound adjacent to Cedar Island, Carteret County Proposed Project: Oyster Sanctuary BRAXTON DAVIS Director, Division ojCoastal Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by November" 33•L2020j If you have any questions regarding the proposed project, contact Ryan Davenport 252-808-2808. 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. NT'NA 6 Mark Brown `�Gq ENcY SSGN� —ATQ ATE Public Water S 10-28-20 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 OCT 2 9 2020 T DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 0 November 9, 2020 Regulatory Division Action ID No. SAW-2020-01606 North Carolina Division of Marine Fisheries Attn: Mr. Jordan Byrum 3441 Arendell Street Post Office Box 769 Morehead City, North Carolina 28557 Jordan.BvrumQ,ncdenr.trov Dear Mr. Byrum, A review of your application received by this office on October 26, 2020, for Department of the Army (DA) authorization to construct the proposed 75-acre Cedar Island Oyster Sanctuary in order to create 60 acres of oyster habitat within waters of West Bay/Pamlico Sound, in Carteret County, North Carolina indicates it to be a candidate for Federal authorization pursuant to the CAMA-Corps Programmatic Permit process for construction activities that receive authorization from the State of North Carolina. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State - Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the Federal permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 404 of the Clean Water Act, has been assigned Action ID No. SAW-2020-01606. RECEIVED NOV ' C 2020 PAP SECTION MHD -2- We will be coordinating your permit application with other Federal agencies. Please feel free to contact me at sarah.e.hair@usace.army.mil. Electronic copies furnished: Mr. Gregg Bodnar NCDEQ-DCM greRe.bodnar@ncdenr. gov Sincerely, Digitally signed by HAIR.SARAH.E HAIR.SARAH.EA.1054693 512 A.1054693512 Date: 2020.11.0914:11:03 Liz Hair, Project MRr%er Wilmington Regulatory Field Office NOV , �7"0 NAP SECT ON MHD Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, November 4, 2020 5:49 PM To: kathryn matthews@fws.gov; Leigh_Mann@fws.gov, pace.wilber@noaa.gov; Pete_Benjamin@fws.gov; Owens, Jennifer L CIV USARMY CESAW (USA); HORTON, J TODD CIV USARMY CESAW (US); Arnette, Justin R CIV USARMY CESAW (USA); DCR - Environmental_Review; Bowers, Todd; ethan coble; fritz.rohde; matt creelman; Twyla Cheatwood; Ellis, John; MacPherson, Tara; Howell, Jonathan; Wojoski, Paul A; Bodnar, Gregg; Snider, Holley; Tranter, Kent W CIV USARMY CESAW (USA); Mary Wunderlich - NOAA Federal; Davenport, Ryan Cc: Charles, Thomas P CIV USARMY CESAW (USA) Subject: [External] [WARNING: UNSCANNABLE EXTRACTION FAILED]CAMA MAJOR/PGP 291/SAW-2020-01606?/Cedar Island Oyster Sanctuary/Carteret Attachments: SAW-2020-01606 Cedar Island Oyster Sanctuary 2020 project ePN.pdf; Application & Plans.pdf; Field Report.pdf; GoogleEarth_Placemark.kmz; SERO-2019-00225 SER 2019-19783 NCDMF Artificial Reef Programmatic GC_cleared.pdf All, Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NC DCM) has forwarded to our office a copy of a CAMA permit request, Field Investigation Report and Bio Report for the subject project. The attached notice requests federal agency comments on this project by December 4, 2020. The North Carolina Division of Marine Fisheries (NC DMF) proposes to construct a 75-acre oyster sanctuary located 1.5 nautical miles north of Cedar Island's westernmost point, at the mouth of West Bay, in Pamlico Sound, Carteret County, North Carolina. The proposed project would expand the Senator Jean Preston Oyster Sanctuary Network within waters of the Pamlico Sound. Within the 75-acre boundary, NC DMF intends to establish a 100-foot buffer of no development, leaving 60 acres available for reef construction. The purpose of the buffer is to protect against deployment error and possible material movement over time. To complete 60 acres of reef habitat, the NCDMF may elect to use a variety of previously permitted and approved materials including but not limited to: precast concrete, reinforced concrete pipe, crushed concrete and concrete rubble, reef balls, granite rock, basalt rock, and additional limestone rock. NC DMF has stated that the 4 corners of the reef would be marked with appropriate Artificial Reef signage as determined by the USCG private aids to navigation suggestions. The NC DMF proposes to develop the site in stages, with approximately 8 acres to be developed in 2021 by deploying 3,400 tons of Limestone Class B rip rap, and 15,000 tons of crushed concrete. Material would be deployed in an array of ridges ranging in height from no less than 2 feet, to no higher than 6 feet. All proposed deployments of material would conducted by a capable marine contractor chosen by the North Carolina Coastal Federation and NC DMF. Detailed schematics and design plans would be included in the contractor's scope of work and strictly adhered to. To guide contractors during deployments, NC DMF staff will mark each ridge with high-flyer buoys, placed incrementally along a straight line (Figure 5 in the attached application). As deployments occur, NC DMF staff would periodically halt deployments in order to check the vertical profile of deployed materials throughout the project. GIS, GPS, sounding poles, and high frequency sonar will be used to monitor reef development for permit compliance. Proposed deployment lines would each be around 200 feet in length and deployed in parallel ridges to ensure deployment accuracy and reduce f� NORTH CAROLINA Environmental Qnalitp October 26, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) qreqQ.boc1nar0NCDENR.qov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: , NC Division of Marine Fisheries Project Location: Pamlico Sound adjacent to Cedar Island, Carteret County Proposed Project: Oyster Sanctuary ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division nfCoastal Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by 60yem 14,4_0201 If you have any questions regarding the proposed project, contact Ryan Davenport 262468-2808. 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. PRINT`IJAME Rachel Love-Adrick AGENCY Division of Coastal Management DATE 11/3/2020 State ofNorth Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive E#., Wilmington, NC 28405 919 796 7215 NOV 2 2020 MP SECTION MH® t 11 ROY COOPER Covemar MICHAEL S. REGAN Seo ary BRAXTON C. DAVIS Dlracmr MEMORANDUM TO: FROM: SUBJECT: DATE: NORTH CAROLINA EnvimnmentalQuaUty Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management Rachel Love-Adrick, District Planner Lp�k Division of Coastal Management RECEIVE® NOV 2 2020 E #i +I,ti Major Permit Request by NC DMF to create Cedar Island Oyster Sanctuary November 3, 2020 Consistency Determination: The request is consistent with/not in conflict with the Carteret County Land Use Plan certified by the CRC on December 20, 2010. Overview: The NC Division of Marine Fisheries is proposing to construct an artificial reef. The project site is located in the mouth of West Bay 1.5 nautical miles north of Cedar Islands most western point. The location of each corner of the proposed reef is listed below. NW 350 3.471' N 76° 22.922' W NE 350 3.463' N 760 22.560' W SE 35° 3.165' N 76" 22.560' W SW 35° 3.173' N 760 22.932' W Areas of Environmental Concern include: Estuarine Waters (EW) and Public Trust Areas (PTA). The project is located in West Bay and is classified as SW, is not a Primary Nursery Area (PNA), and is open to shellfishing. There does not appear to be any Submerged Aquatic Vegetation (SAV). A review of shellfish resources, archaeological and cultural resources was not provided. DMF is proposing to construct a 75' acre oyster reef in the mouth of West Bay. A variety of - previously approved materials would be placed on 60 acres of the 75-acre site. Within the 75- acre boundary, NCDMF intends to establish a 100-foot buffer of no development, leaving 60 acres available for reef construction. The purpose of this buffer is to protect against deployment error and possible material movement over time. North Carolina Department ofEnvlronmental Quality I DhAsion of Coastal Management Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 The proposed Cedar Island site has been selected due to its favorable depth -strata, water quality characteristics, and ability to provide additional connectivity to other successful, nearby sanctuaries, while also remaining outside of any major vessel thoroughfare. Water depths in this area average 15' NLW. NCDMF has stated that the 4 corners of the reef would be marked with appropriate Artificial Reef signage as determined by the USCG private aids to navigation suggestions. NCDMF has completed the scoping requirement as required by NCDWR. Anticipated Impacts: 75 acres of PTA would be usurped by this project with approximately 60 acres of bottom benthic habitat filled. Temporary turbidity would occur during deployment of the reef material. Basis for Determination: The project site is located in Carteret County and is subject to the 2005 Carteret County Land Use Plan Update. The Future Land Use Map (FLUM) designates the site as Conservation due to the sites location in Estuarine Waters and Public Trust AECs (Areas of Environmental Concern). Land uses allowed in Areas of Environmental Concern are those consistent with the State's minimum use standards and state and federal regulations. The following LUP policies may be applicable to this request: 2.0 Land Use Compatibility 2.4.1, pg. 71: "Carteret County will only allow development in estuarine and public trust waters that are associated with water -dependent uses, consistent with state and federal standards, and meet all local polices contained in this plan." NOV 9 2020 MP SECTION [WHD lG a DMOP North Carolina Department of Environmental Quality I Division of coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead 6ty, North Carolina 28557 2528082808 NORTH CAROLINA Gnvironnienm( Ouahly October 26, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) greag.bodnarcDNCDENR.nov , SUBJECT: CAMA /Dredge and Fill Application Review Applicant: NC Division of Marine Fisheries Project Location: Pamlico Sound adjacent to Cedar Island, Carteret County Proposed Project: Oyster Sanctuary ROY COOPER Governor MICHAEL S. REGAN 5'ecruary BRAXTON DAVIS Direclor. Division of Coastal Managamenl Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by November 23, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport 252-808-2808. 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 James Harrison AGENCY NCDMF SIGNATURE YraA�H' DATE 3 November 2020 RECEIVED NOV 2 2020 NIP SECTION MHD State orNNorth Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Em., Wilmington, NO 28405 919796 7215 Received: 11/3/2020 Historic Preservation Office NORTH CAROLINA Environmental Qualilp October 26, 2020 MEMORANDUM: ER 20-2326 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) Q re c a. b od n a r(a) N C D E N R. Q ov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: NC Division of Marine Fisheries Project Location: Pamlico Sound adjacent to Cedarlsland, Carteret County Proposed Project: Oyster Sanctuary Due: 11/11/2020 ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management NC - SBA 11/9/2020 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by November 23,.2020 If you have any questions regarding the proposed project, contact Ryan Davenport 252-808-2808. 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. PR#N? NAME Renee Gledhill -Earley AGENCY Historic Preservation Office RECEIVED --- NOV 1 2 2020 VAT—E 11/11/2020 MP SECTION WIND State of North Carolina I Environmental Qaality I Coastal Management 127 Cardinal Drive EM., Wilmington, NO 28405 919 796 7215 i r I r' October.26,2020 i MEMORANDUM: ROY COOPER n ,n MICHAEL S. REGAN, BRAXTON DAVIS S7, iv a wt FROM: Gregg Bodo�r, Assistant_ Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 i Fax: 252-247-3330 (Courier 11-12-09) re" .bodnaroNCDENR. ov SUBJECT: CAMA lDrec ge and Fill Application Review Applicant: NC Division lo/Marine Fisheries "Project Location: Pamlico Sou adjacent to Cedar Island, Carteret County Proposed Project: Oyster San cSluary Please indicate below your agencys position or viewpoint on the proposed project and return this form to Gn Bodnar aE the address above by November 23, 2020.' if you 'have any questions regarding the proposed project, contact Ryan Daveriport252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency "Additional This agency This agency are incorpon This agency PRIWT AME Mr-n AGENCY NIL SIGNATURE DATE jj,-t3=21 no objection to the project as proposed. ,nests maybe attached" no comment on the proposed project. •oves of the project only if the recommended changes See attached. a cis to the project for reasons described in the attached comments. 1 1 S= ofNNW Carolina i Fnviroonsmal Quality i Co ltdawmw 127 Cldmal Drive F.L, WB fl..9=%NC 29405 9197967215 i NOV 1 3 2020 ROY COOPER ca„�„r,r,,• MICHAEL S. REGAN set m". BRAXTON DAVIS i Arvcros. illr:rcm:r nj t'u,mHd :kn'irgan;mr FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of. Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) areaa.bodnarCrDNCDENR aov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: MC Division of Marine Fisheries Project Location: Pamlico Sound adjacent to Cedar Island, Carteret County Proposed Project: Oyster Sanctuary Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by November 23, 20Y0.' If you have any questions regarding the proposed project, contact Ryan Davenport 252-808-2808. 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" 4— 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,NA4ME wd0. 14t� �1a�d i �l , A GNAtURE W&'K,6�P DATE l i' 1(o - Sense ofNanh Caroline I Environmental Quality I Coastal Management 127 Cardutal Udve Ent., Wdmington, NC 28405 919 796 7215 NOV 1 7 2020 PRP SECTION MHD NORTH CAROLINA Environmental Quality October 26, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) a reaa. bod nar(a) NC D EN R. cov SUBJECT: CAMA /Dredge and Fill Application Review Applicant: NC Division of Marine Fisheries Project Location: Pamlico Sound adjacent to Cedar Island, Carteret County Proposed Project: Oyster Sanctuary ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Directory Division a(Coustal Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greap Bodnar at the address above by Novem¢e12$, 202Q If you have any questions regarding the proposed project, contact Ryan Davenport 252-808-2808. 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. LNNT-NARM Clara Robison KAENCY NCDMF-Shellfish Sanitation and Recreational Water Quality ROvftfor Shannon Jenkins RECEIVED SIG'N_AT_URfn w"t/`L" 11/12/2020 NOV 1 3 2020 FLIP SECTION MHO State ofNorth Carolina I Environmental Quality I Coastal Management' 127 Cardinal Drive EM., Wilmington, NC 28405 919 796 7215 Bodnar, Gregg From: Davenport, Ryan Sent: Tuesday, December 1, 2020 8:16 AM To: Bodnar, Gregg Subject: RE: Recommendations I recommend both projects be issued as applied for. Cedar Island Oyster Sanc. Should be properly marked as prescribed by USCG. Ryan From: Bodnar, Gregg Sent: Monday, November 30, 2020 9:13 AM To: Davenport, Ryan <ryan.davenport@ncdenr.gov> Cc: Brownlow, Roy <roy.brownlow@ncdenr.gov> Subject: Recommendations Hey Ryan, I wanted to check in on a few... Kingsbridge DMF Cedar Island Oyster Sanc Thanks, Gregg ia..ow.re crt t. .rawn� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 BOB 2608 ext 215 (Office) Gregg.B W—Aaf@ncdenr.ggv Email comspondence to and from this address is subject to the North CaroMna PUM Records tow and may be disdosed to third parties. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 December 9, 2020 Regulatory Division Action ID No. SAW-2020-01606 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: RECEIVED DEC 1 0 2020 'VivP MOTION tUPi-!D Reference the application of the North Carolina Division of Marine Fisheries (NC DMF) to construct a 75-acre oyster sanctuary located 1.5 nautical miles north of Cedar Island's westernmost point, at the mouth of West Bay, in Pamlico Sound, Carteret County, North Carolina. Specifically, the applicant proposes to expand the Senator Jean Preston Oyster Sanctuary Network within waters of the Pamlico Sound. Within the 75-acre boundary, NC DMF intends to establish a 100- foot buffer of no development, leaving 60 acres available for reef construction. The purpose of the buffer is to protect against deployment error and possible material movement over time. To complete 60 acres of reef habitat, the NCDMF may elect to use a variety of previously permitted and approved materials including but not limited to: precast concrete, reinforced concrete pipe, crushed concrete and concrete rubble, reef balls, granite rock, basalt rock, and additional limestone rock. NC DMF has stated that the 4 comers of the reef would he marked with appropriate Artificial Reef signage as determined by the USCG private aids to navigation suggestions. The NC DMF proposes to develop the site in stages, with approximately 8 acres to be developed in 2021 by deploying 3,400 tons of Limestone Class B rip rap, and 15,000 tons of crushed concrete. Material would be deployed in an array of ridges ranging in height from no less than 2 feet, to no higher than 6 feet. All proposed deployments of material would be conducted by a capable marine contractor chosen by the North Carolina Coastal Federation and NC DMF. Detailed schematics and design plans would be included in the contractor's scope of work and strictly adhered to. To guide contractors during deployments, NC DMF staff will mark each ridge with high-flyer buoys, placed incrementally along a straight line (Figure 5 in the attached application). As deployments occur, NC DMF staff would r 1 -2- periodically halt deployments in order to check the vertical profile of deployed materials throughout the project. GIS, GPS, sounding poles, and high frequency sonar will be used to monitor reef development for permit compliance. Proposed deployment lines would each be around 200 feet in length and deployed in parallel ridges to ensure deployment accuracy and reduce vertical clearance concerns. Marking buoys would be placed at each end of deployment lines to aid contractors with accuracy. NC DMF vessels will be present and aid the contractor vessel to ensure positioning and deployment occurs at the proper coordinates. In subsequent years, the NC DMF proposes to deploy material in 8-acre increments, dependent upon funding and material cost adjustments. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.2ov/raleiiah/12dfs/ManateeGuidelines2Ol7.pdf 2. The applicant will implement the conditions of the NC DMF Artificial Reef Programmatic Biological Opinion dated October 18, 2019. The full Biological Opinion can be located on the Wilmington District website at https://www.saw.usace.army.mil/Missions/Re ulatoEy-Permit- Pro gram/Agency-Coordination/ESA/. Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil. RECEIVED DEC 1 n 2020 NPIP SECTION M11D Sincerely, HAIR.SARAH. Digitally signed by HAIR.SARAH.EA.10546 EA.10546935 93512 Date: 2020.12.09 12 15:24:26-05'00' Liz Hair, Project Manager Wilmington Regulatory Field Office I -3- Electronic copy furnished: NC DEQ-DWR: Mr. Paul Wojoski/ Ms. Holley Snider USFWS: Mr. Pete Benjamin/Mr. John Ellis NMFS-HCD: Dr. Pace Wilber/Ms. Twyla Cheatwood US EPA: Mr. Todd Allen Bowers NC DEQ-DCM: Mr. Gregg Bodnar/Ms. Tara MacPherson DEC 1 0 2020 MIR SECTION MHD bctcuSigrrEnvelope ID: BC8439BC-58A4-4582-A1A3-EOC9431AAE23 ROY COOPER Governor MICHAEL S. REGAN secretary S. DANIEL SMITH Dim or NC Division of Marine Fisheries Attn:Jordan Byrum P.O. Box 769 NORTH INA E5rv6 LQMW January 8, 2021 RECEIVED JAN 1 3 2021 MP SECTION MHD DWR R 20201336 Carteret County Morehead City, NC 28557 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Cedar Island Oyster Sanctuary 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 December 21, 2020. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. This certification is associated with the use of General Permit Number 198000291 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 LAMA 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 60 Figures 1 thru 7, acres (combination of project narrative and artificial reef materials attachment 1. and buffer) D_EQ�� NMhCarolina Department ofEnvironmental Quality I Division of water Resources ` Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington North Carolina 28405 1e r+\ 0 910.796.7215 DocuSign Envelope ID: BC8439BC-58A4-4582-A1A3-EOC9431AAE23 Cedar Island Oyster Sanctuary D W R# 20201336 401 Certification Page 2 of 3 This approval is for the purpose and design described in your application. The plans and specifications - • forthis'p"roject 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 026 .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 150E 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 15013 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: RECEIVE® JAN 1 3 2021 1 Docucllgn Envelope ID: BC8439BC-58A4-4582-A1A3-EOC9431AAE23 Cedar Island Oyster Sanctuary D W Rk 20201336 401 Certification Page 3 of 3 William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Holley Snider at 910-796-7215 or Hollev.Snider@ncdenr.eov if you have any questions or concerns. Sincerely, EmDocuftne W. OVtua SalAd, Xt _w,4 MAM14AUDC U... Morella Sanchez -King Regional Supervisor Water Quality Regional Operations Section Division of Water Resources Wilmington Regional Office Enclosures: GC4175 cc: Curt Weychert, DCM Morehead City Office (via email) Greg Currey, USACE Wilmington Regulatory Field Office (via email) Maria Dunn, NCWRC, (via email) DWR 401 & Buffer Permitting Unit file RECEIVED JAN 1 3 2021 PAP SECTION MHD DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 January 25, 2021 Regulatory Division Action ID No. SAW-2020-01606 North Carolina Division of Marine Fisheries Attn: Mr. Jordan Byrum 3441 Arendell Street Post Office Box 769 Morehead City, North Carolina 28557 Jordan.Byrum2ncdenr. eov Dear Mr. Byrum, JAN 2 6 2021 MP SECTION d4P` HD Reference the application of the North Carolina Division of Marine Fisheries (NC DMF) to construct a 75-acre oyster sanctuary located 1.5 nautical miles north of Cedar Island's westernmost point, at the mouth of West Bay, in Pamlico Sound, Carteret County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, enclosed Federal special conditions, the approved plan, and the following special condition: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and .strictly adhere to all requirements therein. The guidelines can be found at htips://www.fws.gov/ralei2lVpdfs/ManateeGuidelines20l7.pd 2. The applicant will implement the conditions of the NC DMF Artificial Reef Programmatic Biological Opinion dated October 18, 2019. The full Biological Opinion can be located on'the Wilmington District website at h=s://www.saw.usace.army.mil/Missions/Re ug latorv-Permit-Program/Agency- Coordination/ESA/. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. -2- If any change. in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2021. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Branch, telephone 910-251-4049 or email sarah.e.hair@usace.army.mil. Sincerely, Digitally signed by HAIR.SARAKE. HAIR.SARAH.EA.105469 3512 A.1054693512 Date:2021.01.25 12:59:02-05'00' Liz Hair, Project Manager Wilmington Regulatory Field Office Enclosures: Plans CAMA Permit GP 291 conditions Manatee Guidelines Electronic Copy Furnished (without enclosures): NC DEQ-DWR: Mr. Paul Wojoski/ Ms. Holley Snider USFWS: Mr. Pete Benjamin/Mr. John Ellis NMFS-HCD: Dr. Pace Wilber/Ms. Twyla Cheatwood NMFS-PRD: Ms. Mary Wunderlich US EPA: Mr. Todd Allen Bowers NC DEQ-DCM: Mr. Gregg Bodnar/Ms. Amanda Cannon/Mr. Roy Brownlow ry1 � ,. _ ,.: 011 JAN 2 6 2021 PUT SECTION M11® DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: NC Div of Marine Fisheries 2. LOCATION OF PROJECT SITE: Pamlico Sound adjacent to Cedar Island Latitude: 35°3.471' N Longitude: 76°22.922'W 3503.463' N 76022.560'W 3503.165' N 76022.572'W 3503.173' N 76022.932'W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—10/20/20 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received—10/13/20 Application Complete- 10/13/20 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County Land Classification from LUP — Undeveloped (B) AEC(s) Involved: EW, PTA (C) Water Dependent: (yes) (D) Intended Use: Artificial Oyster Reef (E) Wastewater Treatment: Existing — N/A Planned — N/A (F) Type of Structures: Existing — N/A Planned — 75 acre oyster reef (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Open Water N/A 75 ac N/A -T (D) Total Area Disturbed: 75 ac (E) Primary Nursery Area: No (F) Water Classification: SW (G) Shellfish Classification: Open 8. PROJECT SUMMARY: NC Div. of Marine Fisheries is proposing to construct an 75' acre oyster sanctuary Field Investigation Report: NC Div.of Marine Fisheries Page 02 9. NARRATIVE DESCRIPTION: The NC Div. of Marine Fisheries project is located in the mouth of West Bay 1.5 nautical miles north of Cedar Islands most western point. The location of each corner of the proposed reef is listed above. This waterbody is listed as SW and is open to the taking of shellfish. It is not a Primary Nursery Area. There does not appear to be any SAVs in this area and the bottom substrate consists of fine sand with some silt. This area in Carteret County's LUP is classified as undeveloped. 10. PROJECT DESCRIPTION: In an effort to expand the Senator Jean Preston Oyster Sanctuary Network NCDMF is proposing to construct a 75' acre oyster reef in the mouth of West Bay. A variety of previously approved materials would be placed on 60 acres of the 75-acre site. Water depths in this area average 15' NLW. An in depth narrative has been provided by NCDMF to further explain why this site was selected. NCDMF has stated that the 4 corners of the reef would be marked with appropriate Artificial Reef signage as determined by the USCG private aids to navigation suggestions. NCDMF has completed the scoping requirement as required by NCDWR. 11. ANTICIPATED IMPACTS: There would be 75 ac of Public Trust Area usurped by this project with approximately 60 ac of bottom benthic habitat filled. Temporary turbidity would occur during deployment of the reef material. This reef would be protected from shellfish harvest while providing physical and . biological requirements for oyster propagation. Name: Ryan Davenport Date: 10/21/20 Morehead City ROY COOPER MICHAEL S. REGAN S" STEPHEN W.MURPHEY 1, 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: http://t)ortal.ncdenr.org/c/document library/get file?uuid=24160156- 4b96-49e6-9126-4fa488b49cbb&eroupld=38337. The NCDMF Artificial Reef Program has also developed an interactive reef guide, set up in an ArcGIS format is available here: 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. Location Siting General Protocol The NCDMF Oyster Sanctuary Program is charged with creating oyster reefs in Pamlico Sound as part of the Senator Jean Preston Oyster Sanctuary Network. These reefs are protected from shellfish harvest and are strategically sited in consideration of physical and biological requirements for oyster propagation, interactions with existing oyster sanctuaries, as well as logistical, economic, and social factors. With attention to connectivity and bio-physical requirements, NCDMF works with North Carolina State University to implement a habitat suitability index (HSI) model for oyster restoration. This model uses a variety of inputs, including habitat connectivity potential based on published larval transport data for the Pamlico Sound. Essentially, this model is a tool to estimate the connective value of prospective sanctuary sites in terms of larval subsidies to other sanctuaries, cultch planted reefs, and natural reefs. In further consideration of bio-physical requirements, the site selection protocol incorporates best management practices for selecting sites based on bottom sediment type and existing natural resources, such as shell or seagrass. During site investigations, staff use side scan sonar, backscatter analysis, and benthic grab (ponar) to evaluate local conditions. Data from these site investigations are used to determine proposed reef boundaries. The proposed sanctuary will be permitted through the Division of Coastal Management and the US Army Corps of Engineers. This permitting process allows other agency comments as well as a public comment period that will identify potential user conflicts with the location of the sanctuary. RECEIVED State of North Carolina I DlOsion of Marine Fisherles 3441 Arendell Street I P.O. Box 76q I Morehead City. North Carolina 28557 OCT 1 252-726-7021 Cedar Island Site After thorough investigation, the NCDMF has identified a 75-acre site near Cedar Island as the preferred location for upcoming reef development under the NCDMF-Coastal Federation partnership. Cedar Island is located in the mouth of West Bay, 1.5 nautical miles to the north of Cedar Island's most western point (Figure 1). The average depth of the site is —15 feet with a range from 1 I to 17 feet (Figure 2). The bottom type within the proposed boundaries of the site is relatively uniform throughout depth ranges and consists primarily of muddy sand (Figure 3, Figure 4). Since oyster reefs can be susceptible to die offs caused by hypoxic events (a} mg/L 02; North Carolina Department of Environment, Health and Natural Resources, Division of Water Quality, standard) and predatory pests (boring sponge, oyster drills, etc.), the Division also includes these in consideration for selecting a suitable site. Nearby, recent water quality monitoring for the area measured dissolved oxygen levels ranging from 5 to 12 mg/L 02, and salinities from 7 to 24 ppt, indicating this site is suitable for supporting oyster populations (UNC IMS, Paerl Lab, Station 8: 2018-2020). Additionally, the proposed new oyster sanctuary is in relatively close proximity to Raccoon Island, Swan Island, and West Bay. Each of these sanctuaries are considered to be successful (>�0 oysters/m2) based on 2019 and 2020 NCDMF oyster sanctuary monitoring assessments. After analysis of the bathymetric survey, it was concluded that there is no existing shell resource. Additionally, the 75-acre site is expected to have a minimal impact on commercial trawling, though concerns will be addressed in the public comment period of the permitting process. However, by strategically building a sanctuary on the edge of a shallow shoreline which poses a navigational clearance hazard, deep drafting fishing vessels are less apt to visit the area (Figure 1). Within the 75-acre boundary, NCDMF intends to establish a 100-foot buffer of no development, leaving 60 acres available for reef construction. The purpose of this buffer is to protect against deployment error and possible material movement over time. In summary, the proposed Cedar Island site has been selected due to its favorable depth strata, water quality characteristics, and ability to provide additional connectivity to other successful, nearby sanctuaries, while also remaining outside of any major vessel thoroughfare. Materials General Specifications NCDMF intends to use only biologically suitable materials which have previously been approved by permitting agencies. Further, the NCDMF applies experiential knowledge and best management practices to avoid propagating reef species which are invasive or detrimental to local estuarine ecosystems. Reef construction materials used by NCDMF are described in detail within the Guidelines and Specifications for Acceptable Artificial Reef Materials, 2016 2nd Edition (Attachment 1). Cedar Island Materials To complete 60 acres of reef habitat, the NCDMF may elect to use a variety of previously permitted and approved materials including but not limited to: precast concrete, reinforced concrete pipe, crushed concrete and concrete rubble, reef balls, granite rock, basalt rock, and additional limestone rock. NCDMF is seeking permit approval for up to 60 acres of developed bottom, using any of the aforementioned, previously approved reef construction materials in various quantities to complete the reef. RECEIVED State of North Carolina I Division of Marine Fisheries OCT 13 2020 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 -tY��l DC�W aL o) C1� 252-726-7021 In selecting a suitable material type for this sanctuary, the Division has taken into account the material performance at nearby sanctuaries and the influence annual water quality may have on the proliferation of potential sanctuary pests (boring sponge, oyster drills, etc.). In terms of settlement and survival, granite, marl, and crushed concrete have each produced oyster densities > 20 oyster/m2 in areas with similar water quality characteristics over the last few years. By applying similar sanctuary performance and characteristics information, currently available stockpiled material (3400 tons limestone marl, class B rip rap), and actual material deployment costs, a rough annual material deployment plan has been laid out below. 2021 —8 Limestone class B rip rap I Crushed 3,400 115,000 Concrete 2022 —8 Crushed Concrete/Other 20,000 2023 —8 Crushed Concrete/Other 20,000 General Practices NCDMF coordinates all reef deployments, using either marine contractors or State - maintained vessels and staff. In either instance, NCDMF staff remain on site during all deployments to ensure enhancements remain (1) within permitted boundaries and (2) compliant with navigational clearance requirements. Cedar Island Deployments Since the Division currently has —3400 tons of limestone class B rip rap currently stockpiled at the staging site, it will be deployed in conjunction with a similar sized crushed concrete during year one to develop approximately 8 acres of restored oyster habitat. In subsequent years, any of the previously approved materials (Attachment 1) may be used to complete the site, for a total of up to 60 acres of developed bottom and 75 total acres of permitted sanctuary area. This 8-acre annual goal will of course be dependent on appropriated budget and material costs adjustments. NCDMF will work with the Coastal Federation and contractors to employ the most effective and controlled deployment strategies. in general, this reef will be designed as an array of ridges. Each ridge will have a profile of no less than two feet and no more than six feet. This approach will allow more flexibility for both NCDMF and the contractor to construct greater acreage without requiring high precision to maintain permit compliance. All deployments of material will be conducted by a capable marine contractor chosen by the Coastal Federation and NCDMF. Detailed schematics and design plans will be included in the contractor's scope of work and strictly adhered to. To guide contractors during deployments, NCDMF staff will mark each ridge with high-flyer buoys, placed incrementally along a straight line (Figure 5). As deployments occur, NCDMF staff will periodically halt deployments in order to check the vertical profile of deployed materials throughout the project. GIS, GPS, sounding poles, and high frequency sonar will be used to monitor reef development for permit compliance. Deployment lines will each be around 200 feet in length and deployed in parallel ridges to ensure deployment accuracy and reduce vertical clearance concerns. Marking buoys will be placed at each end of deployment lines to aid contractors with accuracy. NCDMF vessels will be present at all times and aid the contractor vessel to ensure positioning and deployment occurs at the proper coordinates. RECEIVE® State of NorthCarolina I DiMsion of Mannefishenes OCT j,32020 3441 Arendell Street PO. Box 70 Morehead Chy. North Carolina 28557 252-726-7021 cM-nnHla clry Scoping Meeting Statement A scoping meeting was held at which DWR was present. The date of the scoping meeting was September 29, 2020 and this project was discussed. This meeting met the requirement for requesting a pre -Fling 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 State of North Carolina I Division of Marine Fisherks OCT 13 2020 3441 Arendell Street i P.O. Box 769 1 Morehead City. North Carolina 28557 ,7� 252-726-7021 DCy y -MND ciry Cedar Island Oyster Sanctuary i 1 14 FIR s15ft4M112WE Aft Lp.M 0 PermiCornets 8tler — Permit Boundary Value Area Value 10011 W11er rnm Bonom Seaimenl Grabs .Son Bonom ' enea mm Fpure Dele. S�]7/=0Z0 .. ^b'b-- iroc Figure 3. Map containing bottom type measured via backscatter and the sampling locations for benthic grab sites 1 — 6. RECEIVE® OCT 13 2020 State of North Carolina I Division of Marine Fisher,, I)CIH_MHI) Cl1y 3441 Arrndell Street I PO. Box 7G9 ' Morehead City, North Carolina 28SW 252-726-7021 9 Figure Date: 8/27/20 ` Figure 4. Benthic sediment grabs collected from each of the six locations sampled within and around the proposed boundary area. All sediment samples contain substrate composed of primarily sand mixed with silty mud, which is considered a suitable bottom type for sanctuary construction. RECEIVED OCT 13 2020 State of North Carolina I Division of Marine Fisheries qy� 3441 Arendell Street: PO.Boc769 Morehead City, North Carolina 2RS57 ')CIW-MHO CITY 252-72b-7021 �7 Attachment 1. Guidelines and Specifications for Acceptable Artificial Reef Materials (2016, 2nd Edition) PAT NZ McCRORT Gavm«. DONALD R. VAN DER VAAR Sxmarz Marine l-r. BRA%TON C. DAVIS r«vino«nc.,. a., North Carolina Division of Marine Fisheries Guidelines and Specifications for Acceptable Artificial Reef Materials (2016, 2«a Edition] Artificial reef materials are selected on four primary considerations: Function, compatibility, durability, and stability. Materials used must meet their intended function, by supporting diverse and abundant biological communities. Selected materials must also be compatible with the aquatic environment in which they are placed. This means they must not pose environmental risks. Also, unstable materials, or those prone to movement, and nondurable, or easily degraded, materials must be precluded from use. The North Carolina Division of Marine Fisheries Artificial Reef Program has produced a comprehensive list of accepted materials for use in partner projects. These materials 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. Accepted Materials: Concrete: Any hard, strong building material made by mixing a cementing material (commonly Portland cement) and a mineral aggregate with sufficient water to cause material to set and bind. Types include (but are not limited to) oval and round pipe, box culverts, risers, catch - basins, knock -out boxes, bridge rubble and bridge spans, manholes, slabs, pilings, crushed concrete, and pre -designed structures such as Reef Balls or other units. All concrete must be fully cured to ensure environmental compatibility. Required Specifications: Ocean- • Unacceptable types in the ocean: slabs, small pilings, crushed concrete, small designed structures • Size - concrete pipe must be no less than 4 feet in length and no less than 36 inches in inside diameter, unless such smaller pieces are "nested" Inside large diameter pieces • Composition - units must be no more than 25% degraded or missing. All concrete must be fully cured before deployment • Design - pre -designed structures must meet approval of Artificial Reef Staff for function, compatibility, durability, and stability Estuary - • Size - concrete pipe must be no smaller than 12 inches in Inside diameter and not exceed 30 inches in Inside diameter. Any concrete structure must - 'Nothing Compares Aak of North Cs Tina I Emk•mrntal Quaky I laar6e H4erks MB M13"]xren iSuter I6brth On. NC 2tl657 ]R7267an T RECEIVE® State of North Carolina I Division of Marine Fisheries OCT 1 3441 Arendell Street I P.O. Box 769 1 Morehead City. North Carolina 28557 3 2020 252-726-7021 not exceed 8 feet In length, width, or height. Crushed concrete must be: B" maximum diameter, 6"average diameter, 4" minimum diameter, 10% maximum oversize, 5% maximum undersize Composition - units must be no more than 25% degraded or missing. All concrete must he fully cured before deployment Design - pre -designed structures must meet approval of Artificial Reef Staff for function, compatibility, durability, and stability Vessels. Vessels are a commonly used artificial reef material. These may be composed of ferro-cement or steel, though steel vessels are most common and preferred. Thorough preparation and cleaning is required before these materials may be used as reefs (EPA BMPs). Required Specifications: Ocean - • Size - vessels must he no smaller than 100 feet in length unless paired with a second 100 foot or greater vessel • Clearance - vessels are subject to clearance requirements and in many cases, must be shortened in height to comply with permits. This may Involve expensive removal of vessel superstructure • Cleaning and preparation- vessels are subject to US Coast Guard and/or EPA inspection to satisfy BMPs, Including removals of wood, floatables, loose materials, and deleterious substances. • Stability- all air must be allowed to escape during sinking • Durability -vessel selection is ultimately at the discretion of the Artificial Reef Coordinator, to satisfy expectations of durability Estuary - . Vessels are not accepted in estuarine waters Natural Materials. Natural materials have been used by most coastal states to replenish various types of habitat with a particular focus on shell bottom. Natural materials include different approved mineral rocks such as limestone marl, granite, and basalt. Required Specifications: Ocean - • Natural materials are not widely used in the ocean, given their susceptibility to sediment burial Estuary - • Size - o Limestone Marl (NCDOT Class B Spec): 12"maximum diameter, 9' average diameter, 5" minimum diameter, 10% maximum oversize, 5% maximum undersize o Granite and Basalt: 8"nwdmum diameter, 6" average diameter, 4" minimum diameter, 10% maximum oversize, 5% maximum undersize • Location- Limestone Is not acceptable for mein high salinity environments, given high susceptibility to blo-eroding organisms -"Noihiny Compares &l dNoah CavYna I Ernlm, IalQJly I M>xerNnY. POBoa laMlxm Street xlmdx•a Cxy.NC3a557 2S2R6MI T OCT 13 2020 State of North Carolina I Divisionof Marine Fisheries OCM-MHO CiTy 3441 Arendell Street '.. PO. Box 769 1 Morehead City. North Carolina 28557 252-726-7021 Notes on all materials: 1) All materials must be cleaned and prepared in accordance with United States Corps of Engineers General (Regional) Permits (aGP190500194 or aGP19000291), any applicable NC Division of Coastal Management permits. and conform to site -specific navigational clearance requirements established by the United States Coast Guard and NOAA Office of Coast Survey. 2) Planned arm ngements for acquisition. cleaning.pmpamtlon,dockage/staging, towing. and sinking/deployment must be described in proposals. Dockage, towing, and deployment will require proof of nt least $1,000,000 marine liability Insurance. 'y Nothing Compares Yarc lkNart JC HA l E Seb ,nlalQuFy t, NC28557 VOBW AA IMIMn2V t,70 MwtM1eaa Clly.NC 3ai5i 252 rIb H131 T RECEIVED OCT 13 2020 State of North Carolina I Division of Marne f ishcries 3441 Amndell Street P.O. Box 769I Morehead City, North Carolina 28967 ')CM-MHD CITY 252-726-7021 Coastal Management ENVIRONMENTAL QUALITY Carteret News Times Re: Public Notice — Carteret Co. Dear Sir: ROY COOPER Gov""'. MICHAEL S. REGAN 5'awwr'y BRAXTON DAVIS Guxwmr I Please publish the attached Notice in the 10/25/20 issue of the Carteret News Times. The State Office of Budget and Management require an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jessica Gibson, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, J. Ryan Davenport Coastal Management Representative Enclosure cc: Roy Brownlow, District Manager Jonathan Howell, Major Permits Coordinator Stale of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 as NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that, an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 10/13/20. According to the application, NCDMF applied to construct an oyster reef sanctuary in the Pamlico Sound North of Cedar Island. A copy of the entire application may be examined or copied at the office of Ryan Davenport, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808 2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 11/14/20, 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 this matter will be provided upon written request. PUBLISHED ON: 10/25/20 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, l LC 28557 252 808 2808 fT I&G1616]»10 Coastal Management ENVIRONMENTAL QUALITY NCDMF c/o Jordan Byrum. 3441 Arendell St. Morehead City, NC 28557 Dear Ms. Byrum: Cimernor' MICHAEL S. REGAN 5ecre/ary BRAXTON DAVIS Doecrot' 10/22/20 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development in the Pamlico Sound. The complete package was received on 10/13/20'. The projected deadline for making a decision is 12/24/20. 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 10/13/20, 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 Filing' 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. cere f Ryan Davenport oastal Management Representative Enclosure cc: Jonathan Howell, Major Permits Coordinator Roy Brownlow, District Manager/Compliance Coordinator State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 tY LAMA PERMIT APPLIES FOR APPLICANT �"V/ M kkl 11%4 lao FOR MORE DETAILS C01l}TACT Davenport, Ryan From: Cannon, Amanda J Sent: Thursday, October 15, 2020 9:34 AM To: Davenport, Ryan Subject: FW: Permit Submission - Cedar Island Oyster Sanctuary Attachments: Cedar Island Sanctuary CAMA DCM MP2-signed.pdf; Cedar Island Sanctuary CAMA Major Permit MP1_signed.pdf; Cedar Island Project Narrative_CAMA.pdf Jess did the memo for the transfer so this is good to go Aw a C L*"%ow Division of Coastal Management Department of Environmental Quality 252.808.2808 Ext. 206 252.247.3330 Fax Amanda. Cannon(.ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Byrum, Jordan Sent: Monday, October 12, 202010:14 AM To: Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Cc: Davenport, Ryan <ryan,,.davenport@ncdenr.gov>; Peters, Jason <Jason.Peters@ncdenr.gov> Subject: Permit Submission - Cedar Island Oyster Sanctuary Hey Amanda, I'm assuming you are handling incoming permit applications for the Morehead City office. I have the documents prepared for the proposed Cedar Island Oyster Sanctuary. Ryan Davenport is the field representative for this project. I'm not positive about the application fee ($475?) but can initiate the transfer today once I know. Let me know if there's anything else you need. Thanks, Jordan MAJOR PERMIT FEE MATRIX p� (�C Applicant: / S� \ i �. /0 �� I'1k p(�pr,VJ�ot �''*Y- (�.1 "SVe Y �p Selection Development Type Fee DCM % DWQ % (14300 1601 4351000931625 6253) (243001602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A. B, C, or D below a lies: III(A). Private, non - El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached) can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied: III(C). If General Water ❑ Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) cannot be applied: IV. For development that involves the filling and/ r $475 60% ($2 5) 40% ($190) excavation of more tha one acre of wetlands and/or open water areas: ***This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management Maior Permit Application Computer Sheet Applicant NC Marine Fisheries 10131116 Project Site County., Carteret Staff: JRD District: ❑Elizabeth City ❑Washington ®Morehead City El Wilmington Project Name: Cedar Island Oyster Sanctuary Rover File: N/A DyWofihifralLp tion submrtfal (f X 18/ 007,) 10113120 Date application "received as complete" in the Field office (EX: 1/8/2007): 10/13/20 Permit Authorization: ®CAMA ®Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes ®No Photos Taken: Yes ® No❑, Setback Required (riparian): ❑Yes No Critical Habitat ❑Yes ®No ❑Not Sure 15 foot waiver obtained. ❑Yes ®No Hazard Notification Returned: ❑Yes ®No SAV: ❑Yes ®No ❑Not Sure Shell Bottom: [-]Yes ®No ❑ Not Temporary Impacts: ®Yes ❑No i Sure Sandbags: ❑ Yes ®No ❑ Not Sure Did the land use classification come from Mitigation Required (optional): countyLUP: ®Yes ❑No [-]Yes ®No Moratorium Conditions: ❑Yes [-]No Environmental Assessment Done: ®NA El Yes ®No ®NA SECONDARYWATER CLASSIFICATION— OPTIONAL (choose MAX of 4) El Future Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) ❑Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORM WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium'jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlemsh (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/D&F up to 1 acre; ❑ III(D) Priv. public or comm w/D&F to 1 3490 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ® IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 ❑ 111(B) Public or commercial w/D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 252-808.2808 :: 11.888.411COAST w .!nccoatal smanagement,net revised: 02/15/10 HC Division of Coastal Mgt. Application Computer She0t, Page 2 of 4) ❑ Major development extension request - ❑ 11. Public or commercial/no dredge $100 and/or rill - $400 ❑ 1. Private no dredge and/or fill - $250 ❑ 111(C) Pnv. public or comm w /D&F to 1 acre; 3490 can be applied, DCM needs DWQ agreement - $400 revised 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4) Applicant: NC Marine Fisheries Date: 10122120 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. Activity Name Number TYPE Choose One REPLACE Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 Artificial Reef 1 1807' 1807' New Work [I Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint El Replace 1 ❑Y❑N New Work El Maint ❑ Replace ❑ Y ❑ N New Work❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ET Maint ❑ Replace ❑ Y ❑ N New Work❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N, New Work❑ Maint ❑ Replace ❑ Y ❑ N New Work [I Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint El - Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y [IN New Work Maint ❑ Replace ❑ Y ❑ N revised 02/15110 NC Division of Coastal Mgt. Application Computer Sheet, wage 3 of a) Applicant NCDMF Date: 10/22/20 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp lm acts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated'final disturbance. Excludes any restoration and/or temp impact amount Open Water Fill 75ac 75ac 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 ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808.2808 s 1-8884RCOAST :: www, c.coa...stalmanagement,net revised: 02/15/10 ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Darer." Divtsirm of (an'ta/ Management October 26. 2020 MEMORANDUM.' FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar(cD.NCDEN R.gov SUBJECT: CAMA /Dredge and Fill Application Review Applicant: NC Division of Marine Fisheries Project Location: Pamlico Sound adjacent to Cedar Island, Carteret County Proposed Project: Oyster Sanctuary Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grepa Bodnar at the address above by November 23, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport 252-808-2808. 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 Drive Eat., Wilmington, NC 28405 919 796 7215 DCM Coordinator: Applicant: _Aj Distributed Yes ® No ❑ Distribution Date: �� C7VS�PY �NY\CWIIN I�a�0� AGENCY WIRO WARO ��yy��``''11W �I�J��, ,01 LPO Vhchel Love Adrick IN141111 Rachel Love Adrick Washingon DCM Planner Mike Christenbury Wilmington it Charlan Owens Eliz City US COE: Raleigh Bland (Beaufort Camden, Chowan, Carteret, Onslow, Pender) Craven, Hertford, Hyde, Perquimans, Tyrrell) Jordan Jessup (TBD) Josh Peletier — (Bertie, Currituck, Dare, Gates, Greg Curry (TDB) Pamlico, Pasquotank, Washington) USCOE (NC DOT) (Brunswick, New Hanover) DOT - TomSteffans— (Beaufort, Carteret, DOT Brad Shaver Craven, Pamlico (Brunswick, New Hanover, Onslow, Pender) Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Brunswick) Lee Padrick (Beaufort Carteret, Craven, Eliz Lee Padrick 4%aufort Carteret Craven City, Pamlico, Washington) Eliz City, Pamlico, Washington Cultural Resources Renee Gledhill -Earley Renee Gledhill -Earley Div. of Water Infrastructure pleicli Cox Clif Whitfield Marine Fisheries ��•��sAAA�1�I,.X..AI Orne Deaton „ Jimmy Harrison . NC DOT David Harris David Harris Shellfish Sanitation Shannon Jenkins & Sharon Gupton Shannon Jenkins & Sharon Gupton State Property Tim Walton & Mike Moser & Wanda Tim Walton & Mike Moser & Wanda Hillard Hillard DEMLR/DWR: Sheri A. Montalvo/Shelton Sullivan Sheri A. Montalvo/ Shelton Sullivan INC DOT) Kristy Lynn Carpenter Kristy Lynn Carpenter DEMLR Sediment & Erosion mman Sams c Sami Dumpor Storm wateri+ristine HallRoger Thorpe DWR 401 1pobb Mairs (Carteret, New Hanover Anthony Scarbraugh Onslow, Pender,) Chad Coburn (Brunswick) (NC DOT) Joanne Steenhuis Brunswick, New Garcy Ward Hanover, Onslow, Pender WRC Maria Dunn (WARD) Maria Dunn (WARD) WRC (NC DOT) Travis Wilson Travis Wilson Natural Heritage Program Rodney Bulter Rodney Bulter D:\Amanda\Amanda\Major Permit Processing\2020 Admin forms\Major Comment Distribution Sheet 2020.docx Revised : 5/7/2019