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HomeMy WebLinkAbout105-20 Carteret CountyPermit Class NEW Permit Number 105-20 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Carteret County, 302 Old Courthouse Square, Beaufort, NC 28576 Authorizing development in Carteret County at adi. to Bogue Sound, within Old Ferry Channel and Deer Creek and canals , as requested in the permittee's application dated 10/9/20, including attached workplan drawings (26) Sheets 1-26 of 26 all dated "Revised October 2020". This permit, issued on November 5, 2020 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation A these terms may be subject to tines, imprisonment or civil action; or may cause the permit to oe nuli ana vola. Excavation 1) In order to protect juvenile shrimp and frnfish populations, no excavation or filling shall be permitted between April 1 and November 15 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. (See attached sheets for Additional Conditions) This permit action.may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. /A Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Carteret County ADDITIONAL CONDITIONS Permit No. 105-20 Page 2 of 4 4) Excavation shall not exceed -7 feet within Old Ferry channel, -6 feet within Deer Creek access channel and -4.5 to -6 feet within Deer Creek residential canals, all below the mean low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 5) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 6) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding waters outside of the alignment of the fill area indicated on the workplan drawings. 7) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 8) This permit was issued based upon at determination that while the area to be excavated is immediately adjacent to areas containing actively growing submerged aquatic vegetation (SAV) beds, the area of proposed excavation would not directly impact actively growing SAV beds. During all authorized excavation events, the permittee shall implement all available precautions to ensure that damage to SAV beds does not occur. 9) Prior to the initiation of any dredging activities, the permittee shall, in coordination with the Division of Marine Fisheries, develop and implement an oyster relocation plan. Contact the Division of Marine Fisheries at (252) 946-6841 to initiate the required coordination. Notice of satisfactory completion of the - relocation efforts shall be provided to the Division of Coastal Management prior to initiation of dredging activities. Spoil Disposal 10) No spoil material shall be placed within 30 feet of the normal high water line. 11) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 12) The permittee and/or his contractor shall take all necessary precautions to ensure that the spoil material is properly contained during transport to the disposal site, and that all the proper coordination has taken place with the local or state governments to ensure that any damage to public streets caused by transport of the spoil material has been addressed. 13) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 14) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. Carteret County Permit No. 105-20 Page 3 of 4 ADDITIONAL CONDITIONS 15) All excavated materials shall be located within an inspected and approved upland spoil disposal site. 16) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause 17) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. USACE Conditions 18) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at htt]2s://www.fws.gov/raleiabZpdfs/ManateeGuidelines20l7.pdf.. General 19) 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. 20) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 21) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2020-01137). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2019-1032 v2. Carteret County Permit No. 105-20 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: Future development of the permittee's property 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. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. 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. ROY COOPER Governor MICHAEL S. REGAN Seaerary BRAXTON C. DAVIS Director Moffat and Nichol NORTH CAROLINA Environmental QuaUry March 24, 2021 Robert Neal (mealgmoffatnichol.coml Doug Huggett (dhuggett(a.moffatnichol.coml PkF SUBJECT:, Moratorium Relief Request for Permit No. 105-20 issued to Carteret County, for the dredging of Old Ferry Channel and Deer Creek, located in Carteret County, North Carolina Dear Sirs: This letter is in response to the above referenced CAMA permit relief request received by the DCM Morehead City office by email on March 18, 2021. To review this request, we coordinated with the Division of Marine Fisheries, NC Wildlife Resources Commission, and the US Army Corps of Engineers and the National Marine Fisheries Service. This moratorium relief request is to complete ongoing dredging operations for a maximum of 15 days, to be concluded no later than April 15, 2021. In consultation with the resource agencies authorization was given with the following conditions: 1. The relief request is granted until April 15, 2021. 2. Every effort should be made to finish the project as early as possible. 3. The NC Division of Marine Fisheries has requested that any outstanding dredging near existing submerged aquatic vegetation be given priority. This request shall be applied to the greatest extent possible. 4. The applicant shall notify the Division by email upon completion of the project. Therefore, the one-time moratorium relief request is granted with the above conditions. If you have any questions concerning these matters, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at gregg.bodnar c&ncdenr.gov D_EQ�� North Carolina Department of Environmental Quality I DNtsion of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 Sincerely, Gregg Bodnar O MIS Division of Coastal Management Assistant Major Permits Coordinator CC: Jimmy Harrison, NC DMF (via email) Marina Dunn, NC WRC (via email) Liz Hair, USAC Wilmington (via email) Twyla Cheatwood, NMFS Pivers Island (via email) 4q�b�YNfMe�nW a�llry� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check (Check all that apply) New J Major Mod _ Permit# Minor Mod - _.__ Renewal _ Transfer Permit Coordinator: _. r Field Representative: Date Time Message I11( I l-�� 4�- . IlL�1J u(' 4 k11,1 w VA M" rtV14W Q 'r �ulZf l( Coll I'J'Zd / 'ill W RC CUt tMvhk rlSUu,�ct DwtF �a�t1, 10�ZU TA Relevant CAMA Permit Conditions (Permit No. 105-20) 4) Excavation shall not exceed -7 feet within Old Ferry channel, -6 feet within Deer Creek access channel and 4.5 to -6 feet within Deer Creek residential canals, all below the mean low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 9) Prior to the initiation of any dredging activities, the permittee shall, in coordination with the Division of Marine Fisheries, develop and implement an oyster relocation plan. Contact the Division of Marine Fisherie at (252) 946-6841 to initiate the required coordination. Notice of satisfactory completion of the relocation efforts shall be provided to the Division of Coastal Management prior to initiation of dredging activities. Project Plan Relocation not proposed for areas that fall below authorized dredge depths (4.5 to -6 feet MLW within Deer Creek residential canals). Relocation proposed within dredge area that falls within the area indicated in the above photo. Mark both sides of dredge area within area indicated in the above photo every 100' (+/-) with PVC pipe (using GPS). Work will be staged off of an adjacent shoreline. Two people in the water with wetsuits and possibly air tanks. One person in Kayak offering support (alternative would be to have one person in motorboat offering support). If using air tanks, work will be in daylight hours at any tide stage. Shellfish will be found using either hand -search method or by raking of the bottom. All shellfish found will be initially stored in oyster bags. IL Bodnar, Gregg From: Harrison, James A Sent: Wednesday, November 25, 2020 11:57 AM To: Huggett, Douglas Cc: Bodnar, Gregg; Neal, Robert Subject: Re: [External] Shellfish relocation plan for Old Ferry Channel Hi Doug, After my initial review of the proposal, this plan looks good to me. I'm still searching through our records to see if I can find any examples of shellfish relocation efforts that could help me provide any additional feedback/recommendations/etc. If I come across anything, I'll be sure to let you know. As it stands, though, I don't see any reason to prohibit this relocation plan from moving forward. If you could keep me in the loop on when and where the work will happen, it would be very much appreciated. I'm hoping that I can make it down there for at least one of the days to see the operation in progress, if that is okay with everyone involved in the project. Thanks Doug, and I hope you have a safe and enjoyable Thanksgiving as well! Jimmy Jimmy Harrison Ha6itat and Enhancement Section NC Division of Marine Fisheries james.harrison@ncdenr.gov 252-9+6-5e55 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Huggett, Douglas <dhuggett@moffattnichol.com> Sent: Wednesday, November 25, 2020 10:30 AM To: Harrison, James A <James.Harrison@ncdenr.gov> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Neal, Robert <rneal@moffattnichol.com> Subject: [External] Shellfish relocation plan for Old Ferry Channel Hi Jimmy, r . - � I hope things are going well and you and your family are safe. Thanks for all your work in helping to get the Carteret County Old Ferry Channel maintenance dredging project permitted. We should be picking a contractor to do the work sometime next week. In accordance with the LAMA permit (Permit 105-20) conditions, we have developed a shellfish relocation plan for portions of Deer Creek where there is the potential for shellfish to occur within the upcoming dredge footprint. I wanted to run our plan (see attached) by you to see if it looks acceptable. If you can let us know your thoughts on this, we will then move forward with implementation of the relocation effort. Thanks again, and I hope you have a wonderful and safe Thanksgiving. Take care, Doug s r� Environmental Permit Specialist/Project Manager Moffatt & Nichol 310-B Greenfield Drive Newport, NC 28570 Main 919.781.4626 ext.12149 Direct 919.645.0649 Cell 919.534.6834 Creative People, Practical Solutions. DCM Coordinator: JQ Permit #: l oS'2-0 Elizabeth City a Morehead City US ACOE Offices: MAILING DISTRIBUTION SHEET Washington �GftV_ Wilmington :',C e g;64.t z8v6 (with revised work plan drawings) t.+ I (OBJECTIONS ) fy . 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) r Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Env ironmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Jimmy Harrison Washington: Chris Pullinger - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Brunswick, New Hanover) 01 Holley Snider — 401 fCarteret, Onslow, Pender) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program LPO: Maria Dunn (WARD) Rodney Butler (NCDOT) Travis Wilson Bodnar, Gregg From: Neal, Robert <rneal@moffattnichol.com> Sent: Tuesday, October 13, 2020 8:36 AM To: Bodnar, Gregg Subject: RE: [External] Old Ferry Channel - Deer Creek - Additional Information Submittal Extema `a . D not A cc I nks or open attachments unless you verify. Send a1I suspicious emai�"as an attachritent"t6`"" report.spam (a)nc.aov Thanks Gregg. We only reduced the footprint. It shows up on sheets 12, & 17-19 in the permit drawings. Thanks again for the assistance! Robert Neal Moffatt & Nichol 238 Princess Street I Wilmington, NC 28401 D 910.218.708210 910.218.71001 C 910.524.3285 From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Tuesday, October 13, 2020 8:32 AM To: Neal, Robert <rneal@moffattnichol.com> Subject: RE: [External] Old Ferry Channel - Deer Creek - Additional Information Submittal CAUTION: This email originated from outside of the organization. Morning Robert, Thanks for the information. I will review and send out to the agencies. For a quick clarification, did you decide to reduce the footprint around the SAV or did you shift the footprint? Thanks, Gregg From: Neal, Robert <rneal(Mmoffattnichol.com> Sent: Monday, October 12, 20201:45 PM To: Bodnar, Gregg <greRR.bodnar(a)ncdenr.gov> Cc: Huggett, Douglas <dhuggett(dmoffattnichol.com>; Gregory Rudolph<Rrudoloh(o)carteretcountvne.gov>; Styron, Heather M.<heather.m.stvron(a)ncdenr.gov>; Finegan, Katie <kfinegan@moffattnichol.com> Subject: [External] Old Ferry Channel - Deer Creek - Additional Information Submittal External email Do not click links or open attachments unless you verify. Send all suspicious e, ■ amanc ov Gregg, Please find attached, the revised CAMA Major permit submittal containing the additional information requested for the shellfish and SAV habitat in the project area. Also included is the property owner notification for the small extension of the dredge footprint at the Deer Creek terminus near Yaupon Drive. The additional information clarifies the dredge activities will maintain a 10-ft buffer from any identified SAV habitat and Carteret County will relocate shellfish located in the dredge footprint in accordance with DMF guidance. For reference, the following files are attached: • Revised MP-1 Form Revised MP-2 Form • Revised Permit Narrative a Revised Permit Drawings • Additional Riparian Property Notice for the Deer Creek Extension • The Shellfish Survey results • Revised Table of Contents Please let me know if I may provide any additional information! Best Regards, Robert Neal, P.E. IWO motfatt & nicnol 238 Princess Street I Wilmington, NC 28401 D 910,218,708210 910.218.71001 C 910.524.3285 Creative People, Practical Solutions. 0 Connect with us: Website I Facebook I Linkedin Twitter Per Title In of the Civil Rights Act, Moffatt & Nichol will not discriminate on the grounds of race, color, or national origin in the selection and retention ofsubconsultants, including procurement of materials and leases of equipment. Moffatt & Nichol will ensure that minorities will be offorded full opportunity to present proposals and will not be discriminated against in consideration for an award. For additional information go to: htto://www.moffatmichol.cam/content/small-business-outreach Bodnar, Gre From: Bodnar, Gregg Sent: Tuesday, October 13, 2020 11:05 AM To: Hair, Sarah E CIV CESAW CESAD (US); Harrison, James A; Dunn, Maria T.; Snider, Holley Subject: FW: [External] File Transfer: Deer Creek Additional Information - Carteret County Shallow Draft Navigation Attachments: RE: [External] Old Ferry Channel - Deer Creek - Additional Information Submittal Morning all, Please see below for a link to the revised documents for Old Ferry Channel and Deer Creek. Also above is an email clarifying that the dredge footprint has been narrowed in the areas concerning SAV. Please review and provide comments asap. I will be taking the project off hold soon as the required add info has been satisfied. Thanks, Gregg From: Robert Neal <rneal@moffattnichol.com> Sent: Monday, October 12, 2020 7:51 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: [External] File Transfer: Deer Creek Additional Information - Carteret County Shallow Draft Navigation A transfer (File Transfer) has arrived on the Moffatt & Nichol Info Exchange Site. Download all associated files Additional links: Reply to All Project Name: Project Number: From: To: CC: Subject: Sent via: Expiration Date: Remarks: Carteret County Shallow Draft Navigation 10153 Robert Neal Rudi Rudolph; Gregg Bodnar Robert Neal; Doug Huggett; Heather Styron Deer Creek Additional Information Info Exchange 11/26/2020 Sorry for the duplicate email, but the original was returned from some addresses. Please find attached, the revised CAMA Major permit submittal containing the additional information requested for the shellfish and SAV habitat in the project area. Also included is the property owner notification for the small extension of the dredge footprint at the Deer Creek terminus near Yaupon Drive. The additional information clarifies the dredge activities will maintain a 10-ft buffer from any identified SAV habitat and Carteret County will relocate shellfish located in the dredge footprint in accordance with DMF guidance. For reference, the following files are attached: • Revised MP-1 Form • Revised MP-2 Form • Revised Permit Narrative • Revised Permit Drawings • Additional Riparian Property Notice for the Deer Creek Extension • The Shellfish Survey results • Revised Table of Contents Please let me know if I may provide any additional information! Best Regards, Robert Neal, P.E. MIA mottoft a nichol 3 238 Princess Street I Wilmington, NC 28401 D 910.218.7082 10 910.218.7100 1 C 910.524.3285 Creative People, Practical Solutions. Connect with us: Website I Facebook I Linkedln Twitter Per Title VI of the Civil Rights Act, Moffatt & Nichol will not discriminate on the grounds of race, color, or national origin in the selection and retention ofsubconsultants, including procurement of materials and leases of equipment. Moffatt & Nichol will ensure that minorities will be offorded full opportunity to present proposals and will not be discriminated against In consideration for an award. For additional information go to: httoWwww moffatmichol.com/content/small-business- outreach Transferred Files NAME TYPE DATE TIME SIZE 10153-OFC-DC- PDF File 10/12/2020 6:12 470 Adjacent_Property_Notification- PM KB Hunt-100920.pdf 10153-OFC- PDF File 10/12/2020 6:12 571 DC —Project —Narrative- PM KB RE101220.pdf 10153-OFC_DC-Drawings- PDF File 10/12/2020 6:12 I 24,271 RE101220.pdf PM KB 10153-OFC_DC-Form_MP_1- PDF File 10/12/2020 6:12 I 237 RE100920.pdf PM KB f 10153-0FC_DC-Form_MP_2- PDF File 10/12/2020 6:12 388 RE100920.pdf PM KB 10153-OFC_DC-Shellfish5urvey- PDF File 10/12/2020 6:12 2,421 093020.pdf PM KB Table of Contents - OFC-DC PDF File 10/12/2020 6:12 86 KB RE100920.pdf PM 1 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Moffatt and Nichol NORTH CAROLINA Environmental Quality October 15, 2020 Robert Neal (meal@moffattnichol.com) Doug Huggett (dhuggett@moffatnichol.com) pki SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Carteret County, Old Ferry Channel and Deer Creek Dear Sirs: This letter is in response. to the above referenced CAMA permit application, which was accepted as complete by the Division's Morehead City office on May 12, 2020. On July 30, 2020, processing of your application was placed on hold pending a request for additional information concerning a submerged aquatic vegetation and shellfish resource surveys. On September 30, 2020, an interagency meeting to discuss the results of the resource surveys was conducted which included a request to modify the dredge footprint. The result of the meeting produced updated workplans and an updated riparian notification, which were received by this office on October 12, 2020. The documents described previously has satisfied the request for additional information and processing of your permit application has officially resumed. The revised projected 75-day deadline for making a decision is January 3, 2021. Please feel free to contact me by phone at (252) 808-2808 ext. 215 if you would like to discuss this matter further. Sincerely, r► Gregg Bodnar Assistant Major Permits Coordinator CC: Holley Snider, DWR WiRO (via email) Liz Hair, USACE Wilmington Regulatory Field Office (via email) ,H4EQ� ore.mwama�.woi+q� /� North Carolina Department of Environmental Quality 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: Thursday, October 15, 2020 11:42 AM To: 'Neal, Robert';'Huggett, Douglas' Cc: Hair, Sarah E CIV CESAW CESAD (US); Snider, Holley Subject: Old Ferry Channel and Deer Creek Attachments: Carteret County Old Ferry -Deer Creek OFF HOLD.pdf Morning all, Please see above for the off hold for the project. I provided the updated plans to the agencies and am awaiting any comments. When they come in I will touch base and let you know of any comments of concern. Thanks, Gregg 6iTL4�airtl;ar_�. WGry� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 US 200 ext 215 (Office) Grew,Wnar&ncd!Lnr.gRv Finan comespondence to and Jrom this address is subject to the North Camitna Public Records Law and may be dhdosed to third parties. ROY COOPER NORTH CARouNA Govemor Environmental Quality MICHAEL S. REGAN P Secretary BRAXTON C. DAVIS Director July 30, 2020 Moffat and Nichol Robert Neal (mealna.moffattnichol.com) Doug Huggett (dhuggett@moffatnichol.com) SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Carteret County, in Carteret County Dear Sirs: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Morehead City office on May 12, 2020 Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. The required item is summarized below: 1) Based on correspondence submitted by NC Division of Marine Fisheries (NCDMF) dated July 14, 2020, the NCDMF has requested additional information concerning both a submerged aquatic vegetation and a shellfish resource survey. Correspondence with the NC Division of Water Resources and the NC Wildlife Resources Commission have concurred that the surveys will be required before final comments can be completed. The NCDMF correspondence has been provided at an earlier date. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as the surveys are completed available to this office and the resources agencies for comment. If you have any questions concerning these matters, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at gregg.bodnar@ncdenr.aov. Q� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 601 Sincerely, =0► wdl-► Gregg Bodnar Division of Coastal Management Assistant Major Permits Coordinator CC: Heather Styron, DCM MHD City Holley Snider, DWR WiRO (via email) Liz Hair, USACE Wilmington Regulatory Field Office (via email) James Harrison, NC DMF WaRO (via email) Maria Dunn, NC WRC WaRO (via email) a D_ PP YAYY�a 'omYYO�Ib North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 252.808.2808 1 Bodnar, Gregg From: Bodnar, Gregg Sent: Thursday, July 30, 2020 2:59 PM To: Neal, Robert; Huggett, Douglas Cc: Styron, Heather M. Subject: Carteret County Attachments: Carteret County Old Ferry and Deer Creek.pdf Afternoon Robert and Doug, Please see above for the hold request for Carteret County. In speaking with Doug earlier today the SAV and Shellfish surveys will require a little more time to coordinate and complete. The agencies are all waiting on the results before making a final call so once the surveys are complete and comments come back I will coordinate any comments of note. Doug had mentioned the potential for a call to discuss options after the surveys are reviewed and I think, depending on comments from the other agencies, that expanding the call to others should help speed things up as well. It seems that options are already been discussed between Doug and Jimmy Harrison with DMF so there has already been good dialog. Also I received an update from USACE and Liz noted that the 408 is currently under review. So I will be hopeful that the results of the survey and any coordination of avoidance and minimization that may result from comments should be able to be completed quickly. Thanks as always, Gregg EQ� I Gregg Bodnar Assistant Major Permits Coordinator Division of coastal Management Department of Environmental Quality 252 008 280 ex! 21S (Office) Gre n , enrim Email carresporWence to andiron+this address is subject to the North Caroiina Pubdlc Records tow and may be disclosed to third parties. ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director NORTH CAROLINA Environmental Quality July 24, 2020 Moffat and Nichol Robert Neal (meal@moffattnichol.com) Doug Huggett (dhuggett@moffattnichol.com) Dear Mr. Neal and Mr. Huggett, This letter is in reference to the application submitted for Carteret County, for a Coastal Area Management Act Major Permit to undertake development activities to perform dredging within Old Ferry Channel and Deer Creek, 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. 113A-122(c) which would make October 9, 2020 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). Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM Morehead City North Carolma Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead C ty, North Carolina 28557 252.808.2808 14 Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, July 24, 2020 10:15 AM To: Neal, Robert; Huggett, Douglas Subject: Carteret County Extension Attachments: CC Old Ferry Channel and Deer Creek EXT.pdf Morning Robert and Doug, The 75 day for the project is this weekend so I wanted to get this out today. I updated Doug recently, the biggest items are the SAV and Shellfish survey requested by DMF and USACE has the project out for review until 8/8/20. 1 did discuss the survey with Liz and she will not need to re -circulate if the survey shows no impacts to SAV or shellfish. All others are still reviewing. I will continue to coordinate if anything of note come up. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 08 28M ext 215 (Office) Grew-Bodnarenedpar.gpy iimait correspondence to and from this address is subject to the North Coraibra PabHcRecards taw and maybedisclosed to third pareks. Bodnar, Gregg From: Huggett, Douglas <dhuggett@moffattnichol.com> Sent: Friday, July 24, 2020 3:27 PM To: Neal, Robert Cc: Rudi Rudolph; Bodnar, Gregg; Harrison, James A; York, Dawn Subject: [External] Old Ferry Channel/Deer Creek discussions with DMF Attachments: NCDMF Comment Memo - Old Ferry Channel & Deer Creek Maint Dredge.pdf , External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to n C goy Robert, I had a good call with Jimmy Harrison with DMF this afternoon concerning some of the items that were in the attached letter. First, with regards to SAV habitat, Jimmy and I agreed that after a SAV survey was conducted, I would get back together with DMF and we could re -assess the need to use turbidity curtains if any SAV is located within 100' of the dredge alignment. It is possible that, based upon the relative density and location of any SAV adjacent to the project, turbidity curtains may not be needed, or at least may not be needed in all areas (especially in the more open -water areas where curtains may be more problematic). The timing of the project (within dredge window versus outside of the dredge window) may also be factored into the decision. We next discussed some of the timing and other issues surrounding the requirement for a shellfish survey and subsequent relay efforts. I asked Jimmy if we could utilize a more informal shellfish relocation option like has been used on past projects (simple relocation of any shellfish within the dredge footprint to areas just outside of the footprint) if the results of a shellfish survey do not show heavy densities. Jimmy was amenable to this idea as well. This also could hopefully allow for a waiver to the timing restrictions for relay activities (April 1— May 15), which could otherwise create timing issues as we try and get the work done during the next dredge window. Therefore, after doing the shellfish survey, we will get back together with DMF and re-evaluate the need for the more formal relay processes. With this in mind, I think we need to move forward with doing the SAV and Shellfish surveys as quickly as possible, then we can reconnect with DMF on these items and have a clearer picture of what permit requirements we will be subject to. Please let me know if any edits or corrections you might have. I will also be in touch as soon as we make some progress on the surveys. Thanks, and I hope you have a good weekend. Doug Environmental Permit Specialist/Project Manager Moffatt & Nichol 310-B Greenfield Drive Newport, NC 28570 Main 919.781.4626 ext.12149 Direct 919.645.0649 Cell 919.534.6834 Creative People, Practical Solutions. Bodnar, Gregg From: Neal, Robert <rneal@moffattnichol.com> Sent: Tuesday, October 13, 2020 8:36 AM To: Bodnar, Gregg Subject: RE: [External] Old Ferry Channel - Deer Creek - Additional Information Submittal Thanks Gregg. We only reduced the footprint. It shows up on sheets 12, & 17-19 in the permit drawings. Thanks again for the assistance! Robert Neal Moffatt & Nichol 238 Princess Street I Wilmington, NC 28401 D 910.218.708210 910.218.71001 C 910.524.3285 From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Tuesday, October 13, 2020 8:32 AM To: Neal, Robert <rneal@moffattnichol.com> Subject: RE: [External] Old Ferry Channel - Deer Creek - Additional Information Submittal CAUTION'This email originated from outside of the organization. Morning Robert, Thanks for the information. I will review and send out to the agencies. For a quick clarification, did you decide to reduce the footprint around the SAV or did you shift the footprint? Thanks, Gregg From: Neal, Robert <rnealCDmoffattnichol.com> Sent: Monday, October 12, 2020 1:45 PM To: Bodnar, Gregg <grege.bodnarPncdenr.gov> Cc: Huggett, Douglas <dhuggett(o)moffattnichol.com>; Gregory Rudolph <grudolph@carteretcountvnc.gov>; Styron, Heather M. <heather.m.stvron(@ncdenr.gov>; Finegan, Katie <kf!neganCa)moffattnichol.com> Subject: [External] Old Ferry Channel - Deer Creek - Additional Information Submittal Gregg, Please find attached, the revised CAMA Major permit submittal containing the additional information requested for the shellfish and SAV habitat in the project area. Also included is the property owner notification for the small extension of the dredge footprint at the Deer Creek terminus near Yaupon Drive. The additional information clarifies the dredge activities will maintain a 10-ft buffer from any identified SAV habitat and Carteret County will relocate shellfish located in the dredge footprint in accordance with DMF guidance. For reference, the following files are attached: Revised MP-1 Form • Revised MP-2 Form • Revised Permit Narrative • Revised Permit Drawings • Additional Riparian Property Notice for the Deer Creek Extension • The Shellfish Survey results • Revised Table of Contents Please let me know if I may provide any additional information! Best Regards, Robert Neal, P.E. 1/11 A Moffatt & n!chol 238 Princess Street I Wilmington, NC 28401 D 910.218.708210 910.218.71001 C 910.524.3285 Creative People, Practical Solutions. Connect with us: Website I Facebook I Linkedln Twitter Per Title VI of the Civil Rights Act, Moffatt & Nichol will not discriminate on the grounds of race, color, or national origin in the selection and retention ofsubconsultantq, including procurement of materials and leases of equipment. Moffatt & Nichol will ensure that minorities will be afforded full opportunity to present proposals and will not be discriminated against in consideration for an award. For additional information go to: httD'//www moffottnichol com/content/small-business-outreach Bodnar, Gregg From: Abby Ismail <abby@robertmchilespe.com> Sent: Tuesday, October 13, 2020 7:16 AM To: Bodnar, Gregg Cc: mwebber@bridgetonboatworks.com; cdlouthit@douthit.biz Subject: [External] Bridgeton Marine, LLC CAMA Permit Attachments: IMG_6901 jpg; IMG_6902jpg; IMG_6903.jpg Hello, Attached are photos to verify that the requested restoration work at Bridgeton Boatworks (Bridgeton Marine, LLC) has been completed and can be inspected. Please let me know if there are any questions or concerns. Best, Abby Ismail, E.I. Office: (252) 637-4702 Legend • 10153 Ground Truthing Points 10153 Dredge Footprint Sheet Limits NC One Map SAV Data `a 1/11 RECLIVIZU moffatt & nichol S E P 2 5 2020"e"` ���RET coL 2 MP SECTION MHEI RT 1' Project: CARTERET COUNTY SHALLOW DRAFT NAVIGATION CAPE CARTERET, NC cr. 3 SAV LOCATION r \ MAP 1 inch = 550 feet [j �\ PROJECT LOCATION New Ban 11.. .- Havel /-f Jacksonvil� Drawn By: Checked By: k: JRM DH { f-•� Approved By: Date: . DH 09/21/2020 M&N Project No. 4 Y 10153 EXHIBIT 1.0 Legend • 10153 Ground Truthing Points 10153 Dredge Footprint Sheet Limits NC One Map SAV Data j N 1 RECEIVED SEP 2 5 2020 MP SECTION MHD 1/11 moffatt & nichol client ����.r COG ti U � �Tk CAR�y CARTERET COUNTY SHALLOW DRAFT NAVIGATION CAPE CARTERET,NC SAV LOCATION MAP 1 inch = 250 feet PROJECT LOCATION New Ben Havel Jacksonvilb JRM I DH roved By: Date: DH 1 09/21/2020 M&N Project No. 10153 EXHIBIT 1.1 Legend ,", • 10153 Ground Truthing Points moffatt & nichol 10153 Dredge Footprint Client Sheet Limits 2� NC One Map SAV Data o �e RTH CARS~ Project: CARTERET COUNTY SHALLOW DRAFT NAVIGATION CAPE CARTERET, NC Title: SAV LOCATION MAP 1 inch = 250 feet o PROJECT LOCATION e+.vtOo l f_, - New Ban RECEIVED- �... ; Jacksonvil� S L P 2 5 2020 Drawn By: Checked By: N JRM DH Approved By: DH Date: 09/21/2020 I'1tP SECTION WD 2 _ M&N Project No. 10153 EXHIBIT 1.2 Legend • 10153 Ground Truthing Points 10153 Dredge Footprint Sheet Limits NC One Map SAV Data _ I 3 RECEIVED S E P 2 5 2020 w' PIP SEC7iON MHD 1/11 moffatt & nichol CIIeM C�T cOGCOG Project: CARTERET COUNTY SHALLOW DRAFT NAVIGATION CAPE CARTERET, NC SAV LOCATION MAP 1 inch = 250 feet PROJECT LOCATION New Ban Havel Jacksonvilb JRM I DH roved By: Date: DH 1 09/21/2020 M&N Project No. 10153 EXHIBIT 1.3 Legend • 10153 Ground Truthing Points 10153 Dredge Footprint Sheet Limits NC One Map SAV Data RECEIVED SEP 2 Fj 20T IVP SECTION MHD 4 SAV LOCATION MAP 1 inch = 250 feet PROJECT LOCATION New Ben Havel Jadcsonvilb JRM I DH •oved By: Date: DH 1 09/21/2020 M&N Project No. 10153 EXHIBIT 1.4 ,► r � 1. 1 y,-jY 5 2020 MPSECTION MHD >4r ;. — Dredge Limits Dredging Areas ® Outside of Dredge Area Deer Creek Dredge Area Schoolhouse Creek Dredge Area 1/„ moffatt & nichol 3 Deer Creek and Schoolhouse Creek Shellfish Survel Dredge Area Overview Figure 1 11,1 moffatt & nichol Deer Creek and Schoolhouse Creek Shellfish Survey Oyster Count Figure 3 10153 School House Creek Deer Creek Shellfish Survey Results Overall Site # of Oyster 433 Area Sampled (m) 289 Oyster Density (Oyster per m2) 1.5 Oyster Density (OysterperAcre) 6063 Oyster Density (Bushel per Acre) 49 Oyster per Bushell 125 Dredge Footprint # of Oyster 10 Area Sampled (m) 68 Oyster Density (Oyster per m2) 0.1 Oyster Density MysterperAcre) 595 Oyster Density (Bushel per Acre) 5 Oyster per Bushell 125 ;rr S E P 2 5 2020 A11P SECTION MHD 10153 School House Creek Deer Creek Shellfish Survey Data Sheet - Date ' Time 7mnsect ''Depth - Oyster No -Oyster - ` Clam'`- -" 'No. Clams ;-,. - Sediment 9/3/2020 50-1 �_ _.__ 2' p - 0 - - Muck- --9/3/2020 S0.2 _ .:24"" - `3 oysters @.4"" 3 ` _ '"_ - 0 .:]Muck:",. _ '-9/312020 ^._ SO-3__I 48"". _, ..:..__ 0 _...,- 0 `::Muck - �.- ; 9/3/2020 - ISO-4 "' -4.5' - - 0 - - 0, .:Muck, Shell - - 9/3/2020 - - S0.5 5' '. - 0 -2 clams @2';'shell _ - 2 Shell 9/3/2020 - 4:54 _ - 50-6 - :- - 5.5' r ° - - 0 0 Dead Shell _-'-913/2020, :.._ - SD-7 :. 5.51.:. - _ _._, 0 0- 9/3/2020.._ -- "50-8 " ' 5' m 0 _ 0 Dead Shell 9/3/2020 '- S0-9. ":5.5' ' 0 - 0 Muck- - ... 9/3/2020 -. `- S0.10 ` .. - D ':.-. 0 ---.'Muck 9/3/2020 - :. SO-11 _.--: -- 0 ` - 0 Dead Sheli --9/3/2020 S0.12 6'' - 0 0 - : Muck 9/3/2020 -, - SO-13 _ 6' --loyster@3"'.. 1 - 0 -..Muck . -:9/3/2020 SO-14 - - 5:51:' - 0 0 Dead Shell . ,. 9/3/2020 r 50.15 a ' ,. ` r 4.5'_ _`: - .. ., -.. p .- - 0 _- - - 9/3/2020--_.: - .SO-16 --3 1:oyster @ 2"",- 1 ..v. . ... - 0- - . - 9/3/2020 SO-17 - - 3' 0 0 Dead Shell _ 9/3/2020 _.. -SO-18 _ __ _ - ..35' " _ _ - 0 _ _ 0 -9/3/2020 -- - - 'S0.19 2.5' ..: "".. 0 ' "" " - 0: Dead Shell ='. 9/3/2020 ` ` 5:08 -'SO-20 IV - 0 - 0 ,Dead Shell -'-9/3/2020 - 50.21 4.5' 0 "- ".. p _9/3/2020 -- .... ... SO.22_ 0 - -._ 0 Dead Shell. -.9/3/2020- - ,,-SO23 3' _ - 0 ,. 'l dam @'1" - : 1 -: -- 9/3/2020 - - . SO-24. - 2.5' ` ' - 0 - - 0 - Dead Shell - 9/3/2020 50.25" 181." " 0 0 Dead Shell 9/3/2020 - - 5026 - `18"" - 2oysters@1.5"" - 2 _..' .. 0 .:. Muck ` -:-.9/3/2020 0 -.; . - _ . ___ - 0 _ d-. Muck '-..9/3/2020 "SO-28' -16"" ""-` 0 0 --Dead Shell .. r . 9/3/2020 1:25 'i ..51-1 .. - .. 4'. -..2oysters @ 2"-9-.. 2 0 -, 9/3/2020 _ _'S1-2 -- 4.5 0 _ 0 Muck 9/3/2020 ` S1-3 5.51 0 - 0 .Muck - 9/3/2020 - SS-4 - 6' - - - 0 0 -` -: 9/3/2020 ,', 4:38 - S1-S "' .5'- . 0 _. _ _. 0 ' 9/3/2020 - 4:37 p -= 9/3/2W0 4:35:':Sl-7 - - 5.5`- - _ - _ p - _ p 9/3/2020 4:34 $1-8:.:. 40"° _ _ 0- p -' ` -9/3/2020 -' 4:33 ` S1_9_ ' - . 3' - 2 oysters @ 3"" 2 0 9/3/2020 4:32 SS 10 ` ` 30""- " 3 oysters @ 3""- -: 3 LaE 2'50 'Dead Shell 9/3/2020 4:31 "' SS-11 30" 2 oysters @ 4"" 2 _ ` 0 ' muck ' - 9/3/2020 4:29 -. - 51-12 30"" •4 oysters @ 2""- - 4 0 9/3/2020 ' - 4:28:- 51 13 -n 30"" - - - Soyster @ 3"" 1 - - 'Dead Shell- - -,9/3/2020 4:27 - S1-14 - 32"P -:oyster @ 3"'1- ,._ 1 G & -.: Muck 9/3/2020' -` 4:26 S1-15 - - 24" - 0 - - - ` 0 Dead Shell " '9/3/2020 4:24 S116 : 24"' ." 0 0 shell ::-9/3/2020 -° 4:22 5117 30""oyrters.@ 3 5 1 dam @3"'' 1 _ -shell `9/3/2020- 4:21 - SS-16 > =' 30"" 0 - = .:-. 0 Dead Shell 10153 School House Creek Deer Creek Shellfish Survey Data Sheet Date Time Transact Depth Oyster No. Oyster Clam No. Clams Sediment 9/3/2020 4:19 51-19 30"" 0 0 Muck, Shell 9/3/2020 4:18 51-20 2' 0 - 0 Dead Shell 9/3/2020 1:20 52.1 -- 3' 8 oysters @2"". 8 0 O point taken, middle ofdot 9/3/2020 1:23 52-2 - 4' 2 oysters @ 3.5"":- 2 0 9/3/2020 52-3 5.5' 3 oysters @ 4"" 3 1 clam @2" 1 9/3/2020 52-4 6' 0 0 9/3/2020 52-5 4' 0 0 9/3/2020 52-6 4' 0 0 9/3/2020 52-7 3' 0 0 Dead Shell, no point taken 9/3/2020 4:12 52-8 3'- 0 - - 0 9/3/2020 4:12 52-9 .3' 1 oyster @ 1.5"" 1 0 `-- Muck 9/3/2020 4:13 52-10 3' 0 0 Murk 9/3/2020 4:13 52-11 30"" 1 oyster @ 2.5"" 1 0 Muck 9/3/2020 4:14 52-12 30"" 1 oyster @ 2.5"" 1 0 Muck 9/3/2020 4:14 52-13 30"" 0 0 Muck 9/3/2020 4:15 52-14 24"-" 0 0 9/3/2020 4:15 52-15 - 36"" 0 1 clam @ 2" 1 9/3/2020 4:16 52-16 30"" 0 0 - 9/3/2020 4:17 52-17 - 18"" 1 oyster@ 3"" 1 0 9/3/2020 1:14 53-1 30" 9 oysters @ 2"" 9 0 Dead shell 9/3/2020 1:17 53-2 30"" 3 oysters @ 2.5"" 3 0 9/3/2020 1:18 53-3 54"" 4 oysters @ 2"" 4 0 Dead Shell 9/3/2020 53-4 0 0 9/3/2020 53-5 6' 0 0 - 9/3/2020 3:48 53-6 5.5' 0 0 913/2020 53-7 : 4' 0 - 0 9/3/2020 53-8 '- 30"" 3 oysters @ 3"" _ 3 0 9/3/2020 53-9 - 30"" 1 oyster @ 3"" 1 0 - Muck 9/3/2020 53-10 3' 0 - 0 Muck 9/3/2020 53-11 4' 4 oysters @ 3"" 4 0 9/3/2020 3:35 53-12 3' 0 k„,47 9/3/2020 1:10 54-1 4'' Soyster@3.5"" 1 0 sandy bottom 9/3/2020 1:12 54-2 4' 0 0 Dead shell 9/3/2020 2:59 54-3 S. 1 oyster@ 3"" 1 SE P 0 Muck 9/3/2020 3:02 54-4 5.5' 0 0 Muck 9/3/2020 3:05 54-5 5' 0 0 Muck 9/3/2020 3:08 54-6 5' 6 oysters @ 2"" to 5"" 6 -_ Muck 9/3/2020 3:11 54-7 5' 0 r t' Muck 9/3/2020 3:28 54-8 4' 1 oyster @ 4""-:-.:-_. 1 0 Muck 9/3/2020 3:29 54-9 3' 2 oysters @ 3"" 2 - 0 Muck 9/3/2020 3:30 54-10 3' 3 oysters @ 3"" 3 0 Muck 9/3/2020 3:31 54-11 4' 0 0 9/3/2020 3:32 54-12 4' 0 0 Muck 9/3/2020 3:33 54-13 4' 2 oysters @ 3"" 2 0 10153 School House Creek Deer Creek Shellfish Survey Data Sheet -Date - Time... - ^Transect ':: -Depth - - _,_ _ _. _ d __— :Oyster No.:Oyster. Clam` 7 .No. Clams -.Sediment ®_' - "- -- 9/3/2020 1:00 SS-1 ' - 18"° 3 oysters @ 1.5-1 3 ` '" - - 0 NO DATA, expected muck 9/3/2020 - 1:02 - 55-2 _- ". 30""' - '. 0 ` -_-.. _ 0 Muck-- _. - 9/3/2020 1:04 .;, -SS-3 _ ' 4, -: ,- -- ..- - 0 0 :Muck -- -.-:.9/3/2020 2:56 . SS-0 _ -5' .. 0 - - 0 . -Muck 9/3/2020 2:53 _ - SS-5.. - _ -. 0 - 0 9/3/2020. :.: 2:47 -. SS-6. ,-- - - 7' -..- _ .. " " 0 ,-_ 0 Muck _ 9/3/2020 ,- 2:45 0 .... ;.: 0 .. -Muck 9/3/2020 _- 2:43 `. 55 8 ' ' S'--- .. °.. -- 0 ` - 0 - Muck - 9/3/2020 2:41 -- 55-9 0 =Muck - 519/3/2020 2:39 -55-10 - 4:55." -_1 oyster@3"" 1 -n 0 -- Muck - _ . - _ - . - - ' 9/3/2020 12:53 'S6-1 - .'30"" 6 cystCm @7"' - 6 0 - 9/3/2020 12:54 =S6-2:. 3' - - 0 0 Dead shell - 9/3/2020:' 12:56 ::. S6-3` - - 40"" T 0 0 `r.Deadshell. ' - 9/3/2020 - ` _ 12:58 -. S6-4 "-° = 5'"` - `" 0 0 r "-Dead shell '-9/3/2020 2:21 _ S6-S ' `65"". 0 ` 0 -Dead Shell 9/3/2020 2:23 - S6-6 `6'- 0 ` 0 Dead Shell - 9/3/2020. 2:25 -_, S6 7 ." . _.. .. 6.51 6.5' _.. _. .. 0 0 -9/3/2020.'-- -- 2:27 ;+5fi-8 - 7' - 0 0 `--`Muck- -9/3/2020 _. - 2:29 56-9 4"190 15.5' - 0 0 - - 9/3/2020 2:33 - - 5.5' _ - 0 - 0 Muck -: 9/3/2020 2:35 - S6-11 5'-:" _- 0 -" -` - 0 = ----Muck- --.9/3/2020 2:37 .. S6-12 0 - "- 0 - ..' -Muck - -- - -- _ 9/3/2020 12:21 -: S71 2' 7 oysters @ 25 "' - 7 0 ' 9/3/2020 12:23 '' S7-2 2'- -- - 5 oysters @ 2.5" 5 .. - 0 - -: 9/3/2020 12:25 --= S7-3 _ ' S' ':4 oysters @ 35"" -: 4 _ 0 - --�9/3/2020=`: 2:19 S7-4 - -7' 5 oysters @ 4.5"" 5 1clam@,2". 1 - "- 9/3/2020 - _ 2:17 57-5 - 0 1 clam @.2" 1 ` ---`9/3/2020 - - 2:12 S7-6 -- _6'-' _ 0 '- "- 0 'Dead Shell ` 9/3/2020 2:10 :- 57-7 ' - _ `` 1 oyster @ 2"",, 1 "" - 0 = - Muck ' 9/3/2020 2:08 S7-8 - -' 30" 0 - 0 -. 913/2020 12:29 - :"S8-1 - 30W' 4 oysters @ 3""-'. 4 0 9/3/2020 12:30 -- :S8-2- -4'- "' - 0 - `_- `'� 0 -Muck 9/3/2020 - 12:31 -'S83 - 5' - 0 ` - 0 "Muck 9/3/2020 1:45 SSA _ -6.5' 2,oysters @'3"" 2 _ - 0 Point taken, too deep fore -9/3/2020 :_ 2:00 '.S8-5 t6.5' 0 .m.....-.. 0 Muck and dead shell _ - 9/3/2020 2:02 .:SO-6 _ - . '.5' :- . _ 2 oysters @ 3"". 2 :-- _, ' -:., -_ 0 -Muck - '-9/3/2020 2:04 _ ' - S8-7 ': "" - ':3-- " - -I oyster @ 1"" - 1 .. - -. - 0 ". - Muck - 9/3/2020 - 2:06 _ S8-8 30"' - ,; 6 oysters @ 2N' 6 '- - 'ED 0 Muck ". - 9/3/2020:- ." 12:34 %591 40"„ .. -5'- ,- 1oyster @3""i 1 - - 0 9/3/2020 12:36 -'S92' -- -- "- 0 " "" 0 ' Dead Shells- -" 9/4/2020 12,50 ,59 3 8' - 0 0 I- Muck _ --9/3/2020 1'.44 ;' S9.4 - ,.8,- 7 ., - 0 1--": 0 1'. 10153 School House Creek Deer Creek Shellfish Survey Data Sheet Date Time Transect Depth Oyster No. Oyster Clam" No. tlams Sed iment` 9/3/2020 1:40 59-5' 7' 0 0 " 9/3/2020 - 1:38 59-6 6' - 0 - 0 ` 9/3/2020-'-- - 1:35 59-7 _ - 5' 2oysters @ 3.5"" 2 '"' 0 9/3/2020 12:39 510-1 4' 1 oyster @ 1.5"" 1 0 9/3/2020 12:41 S10-2 s 4' 1 oyster @ 5"" 1 1 clam @ 3.5" 1 - 9/4/2020 12:53 510-3 8' 0 0 Muck 9/4/2020 12:53 S10-4 8' 0 0 Muck 9/4/2020 12:54 510-5 8.5' _ 0 0 Dead Shell 9/4/2020 -_ 12:56 S1D-6 --- 9' 0 1clam :@:1" 1 1,-- 9/4/2020 - 12:58 5747 -- 6.5' - 0 0 a- sand - '- 9/4/2020- 1:32 510-8 S. 6 oysters @ 3"" 6 0 - Muck 9/4/2020 1:36 530-9. 12" 5 oysters @ 2"" 5 0 Muck 9/4/2020 12:48 Di-1 12"" 0 0 Muck 9/4/2020 12:47 D1-2 3' 0 0 Muck 9/4/2020 -- 12:46 D1-3 4.5' _ 0 0 Dead shell and Muck 9/4/2020 12:45 --01-4 5' 0 -` - 0 Dead Shell 9/4/2020 12:44 D1-5 6.5' 0 0 Dead Shell 9/4/2020 ` 12:43 D1-6 - 7' 0 0 ' 9/4/2020 12:42 D1-7 - 6.5' 0 0 Dead Shell 9/4/2020 12:40 D1-8 6.5' 0 0 - 9/4/2020 - 12:35 D1-9 6' 0 0 - sand 9/4/2020 12:33 DS-10 3.5' 0 0 Dead shell and sand 9/4/2020 12:29 D1-11- 3' 0 0 - 9/4/2020 12:28 D1-12 3' 5 oysters @ 3"" 5 " 0 ' 9/4/2020 12:27 D1-13 2.5' - 0 0 -- Dead Shell 9/4/2020 12:25 - 'DS-14 2' 7 oysters @ 2"" 7 - - 0 9/4/2020 12:24 D1-15 -181." _ 0 0 9/4/2020 12:21 DI-16 ` 12"" 0 0 9/4/2020 11:50 -D2-1 18"" 0 0 9/4/2020. 11:56 D2-2 .: r 3' 1 oyster @ 1— 1 2 dams @ 1" 2 9/4/2020 11:59 D2-3 4.5' 0 0 9/4/2020 - 12:00 D2-4- 6' - 0 0 - - 9/4/2020 - 12:01 --02-5 6:5' _-:" 0 -_' 0 -` 9/4/2020 12:02 :"02-6 7- _ - 0 " 0 9/4/2020 12:09 D2-7 6.5' 0 0 - Muck 9/4/2020 12:10 D2-8 S. 2 oysters @ 2"" 2 0 Dead Shell 9/4/2020 - 12:12 D2-9 4.5' - 1 oyster @ 2"" 1 0 Dead Shell 9/4/2020 : 12:13 D2-10 3' 1 oyster @ 2"" 1 - 0 Muck 9/4/2020 12:14 D2-11 3' 2 oysters @ 2" 2 Muck 9/4/2020 -- 12:15 D2-12 - 3' -4 oysters @2"" 4 _ 0 Muck °• 9/4/2020-= 12:16 D2-13 _ 3'- - -.. 0 0 - Muck 9/4/2020 12:18 D2-14 3' _1 oyster @ 2"" 1 n _ 0 - 9/4/2020 12:20 D2-15 12" 35"oysters @ 2 35 ULl " J 0 €SIP SECTION PJIHD 10153 School House Creek Deer Creek Shellfish Survey Data Sheet Date Time - Transact Depth Oyster - No. Oyster Clam- No. Clams _- Sediment 9/3/2020 5:48 D3-1 2' 1 oyster @ 2"" 1 0 Muck 9/3/2020 5:47 D3-2 2' 1 oyster@ 2"" 1 0 Muck 9/3/2020 5:47 D3-3 3' 1 oyster @2.5" 1 0 Muck 9/3/2020 5:46 D3-4 3' 4 oysters @ 3"" 4 �- 0 Muck 9/3/2020 5:45 D3-5 - 5' 0 0 - Dead Shell 9/3/2020 5:44 D3-6 5'0 0 Dead Shell 9/3/2020 - 5:43 D3-7 S. 0 0 - 9/3/2020 5:41 D3-8 5' 0 0 Dead Shell 9/3/2020 5:40 D3-9 4' 0 0 Dead Shell 9/3/2020 5:39 D3-10 3.5' 0 0 Dead Shell 9/3/2020 5:34 D3-11 3.5' 0 - 0 Dead Shell 9/3/2020 5:33 D3-12 3' 1 oyster@ 1"" - 1 0 - 9/3/2020 5:31 D3-13 30"" 0 0 9/3/2020 5:20 D3-14 18"" 0 0 Dead Shell 9/3/2020 D3-15 S. 0 0 -- Dead Shell 9/3/2020 D3-16 2' 0 0 9/3/2020 D3-17 - 2` 1 oyster@ 1.5"" 1 - 0 Dead Shell 9/3/2020 D3-18 2' 1 oyster@ 1"" 1 0 Dead Shell 9/3/2020 5:48 D4-1 - 2' 6 oysters @ 2"" 6 0 - Muck 9/3/2020 5:49 D4-2 2.5' 1 oyster@ 3"" 1 0 9/3/2020 5:52 D4-3 3' 0 0 9/3/2020 5:53 D4-4 4'' 0 0 - - -- 9/3/2020 5:55 D4-5 - 5' - - 0 0 9/3/2020 6:02 D4-6 5' 0 0 9/3/2020 6:03 04-7 5 0 0 _ 9/3/2020 6:04 D4-8 5' 1 oyster@ 1"" 1 0 Dead Shell 9/3/2020 6:05 D4-9 _ 4' 0 0 Dead Shell 9/3/2020 6:07 D4-10 '3.5' 0 0 Muck 9/3/2020 6:08 04-11 3.5' 0 0 Muck 9/3/2020 6:08 D4-12 3.5' 0 0 Muck 9/3/2020 6:09 04-13 3.5' 0 - - 0 9/3/2020 6:10 D4-14 3' 0 0 Dead Shell 9/3/2020 6:11 D4-15 3' 0 0 Dead Shell 9/3/2020 6:12 04-16 3' 1 oyster @ 2"" 1 ` `- 0 Dead Shell 9/3/2020 6:13 04-17 3' 0 - `- - 0 Dead Shell 9/3/2020 6:14 D4-18 3' 2 oysters @ 2"" 2 0 Dead Shell 9/4/2020 11:48 DS-1 18"" 2 oysters @ 2"" 2 0 Muck 9/4/2020 11:47 D5-2 3' S oysters @ 2"" 5 0 Muck 9/4/2020 11:46 DS-3 3' 2 oysters @ 2"" 2 0 Muck 9/4/2020 11:45 D5-4 3.5' 2 oysters @ 2"" 2 t. "' P. Q I -' 0 Muck 9/4/2020 11:45 DS-5 4' 0 0 Muck 9/4/2020 11:44 DS-6 - 5' 1 oyster @ 2"" 1 0 Muck 9/4/2020 11:41 DS-7 5.5' 0 0 Dead Shell 9/4/2020 11:39 DS-8 6' 0 J LI C. J _ 0 9/4/2020 11:36 D5-9 6.5' 0 0 Dead Shell MP S-FECTION MHD 10153 School House Creek Deer Creek Shellfish Survey Data Sheet Date Time - Transect Depth Oyster No. Oyster Clam No. Clams Sediment 9/4/2020 11:34 DS-10 6.5' 0 0 Dead Shell 9/4/2020 11:33 DS-11 6.5' - 0 0 Dead Shell 9/4/2020 11:26 DS-12-,., 6' - 0 - 0 - Muck 9/4/2020 11:25 DS-13 - 5' - 0 0 Muck- 9/4/2020 -' 11:23 -D5-14 4.5' 1 oyster@ 1"" 1 - 0 Muck 9/4/2020 - 11:23 D5-15 4.5' 0 0 Muck 9/4/2020 - 11:21 DS-16 '- 4' 0 -- 0 Muck 9/4/2020 11:20 D5-17 3.5' 0 0 Muck 9/4/2020 11:00 D6-1 2' 3 oysters @ 1"" 3 0 Dead Shell - 9/4/2020- 11:00 D6-2 - 3.5' 1 oyster @ 2"" 1 0 Muck -- 9/4/2020 11:03 D6-3 - 4' 0 0 Muck - 9/4/2020 11:04 D6-4 - 5' 0 0 Muck -- 9/4/2020 - 11:06 D6-5 5.5' 0 0 Muck 9/4/2020 11:08 D6-6 5.5' 0 0 Dead Shell 9/4/2020 11:10 D6-7 5.5' 0 0 Muck 9/4/2020 11:15 D6-8 5.5' 0 0 9/4/2020 11:16 D6-9 6' 0 0 - shell 9/4/2020 11:17 D6710 6' 0 - 0 Dead Shell 9/4/2020 - 11:19 D6-11 5.5' 0 0 Muck - 9/4/2020 10:56 D7-1 3' - 0 0 9/4/2020 10:54 D7-2 4.5' 0 0 Dead Shell 9/4/2020 10:53 D7-3 5' 0 0 Muck 9/4/2020 10:52 D7-4 6' 0 0 Muck 9/4/2020 10:51 -: D7-5 - 6' - 0 0 Muck 9/4/2020 10:51 D7-6 6' _ 0 0 Muck 9/4/2020 10:50 D7-7 4' 0 0 - Muck - 9/3/2020 1:27 D7-8 4.5' -5 oysters @ 2'to 3"" 5 0 9/4/2020 10:30 D8-1 30"" 1 oyster@ 3"" 1 0 Muck 9/4/2020 10:34 D8-2 2.5' 0 0 Muck 9/4/2020 10:36 D8-3 4' 0 0 -- Muck 9/4/2020 10:39 D8-4 -- 4.5' 0 0 9/4/2020 - 10:40 D8-5 - 5' - 0 0 9/4/2020 10:42 D8-6 5' 0 0 - 9/4/2020 - 10:43 D8-7 6' - 0 - 0 9/4/2020 10:46 DS-8 6' 0 0 Dead Shell 9/4/2020 10:48 D8-9 6' 0. �a.¢"�g2 0 Muck 9/4/2020 10:49 D8-SO 4' 1 oyster @ 2"" 1 :® &� 6 ED 0 Muck 9/4/2020 10:50 D8-11 8"" 20 oysters @ 2"" 20 0 Muck 9/3/2020 1:29 DS-12 30'" 1 oyster@ 3"" 1 0 - 9/4/2020 10:29 09-1 -12"" 8 oysters @ 2"" 8 —' 0 9/4/2020 1029 D9-2 4' 13 oysters @ 2"" 13 0 Muck 9/4/2020 1 10:28 D9-3 4.5' 1 oyster @ 2"" 1 0 muck, shells 9/4/2020 1 10:27 D9A 5' 12 oysters @ 2"" 12 MOP s�l!—Tlllf IRM NN K 9 1 1' 10153 School House Creek Deer Creek Shellfish Survey Data Sheet - _ Date Tile--- -- Transect Depth Oyster "No. Oyster Uam No. Uams Sediment- ' 9/4/2020 9:45 D9-5 - 5.51" - 0 0 - 9/4/2020 9:45 D9-6 6' 0 0 darksand - - 9/4/2020 9:44 D9-7 5' 0 ,_ 0 _ organic debris -.. 9/4/2020 9:42 D9-8 =. _.- 5' _.. -- 0 :.._, 0 - '+:.muck .. 9/4/2020 9.41 D9-9 `_ S. `:. 0 0 .. -. muck 9/4/2020 9:40 D9-10 " 5.5' 1 oyster 1 0 sandy mud 9 4 2020 9:39 D9-11 30"" 2 oysters @2"" 2 0 shell - 9/3/2020 1:32 D9-12- - 30"" 2 oysters @ 2"" 2 -- _ 0 S E P 2 5 2020 MP SECTION MHD Bodnar, Gregg From: Dunn, Maria T. Sent: Tuesday, November 3, 2020 1:25 PM To: Bodnar, Gregg Subject: RE: Old ferry and deer creek Gregg, Sorry I didn't get back with you yesterday — new computer transfer. I've looked over everything today and have no additional comments —everything was taken care of with the survey and additional information. NCWRC supports NCDMF and requests to be notified with any future modification requests. Thank you. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, November 2, 2020 10:06 AM To: Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: Old ferry and deer creek Hey Maria, Holley and Liz just authorized so I wanted to check in on any comments. I would like to finish up on this one. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 28M ext 215 (Office) G�Qod�r�ncden�Qv Email correspondence to and from this address is WNW to the North Carolina Public Records taw and may he disclosed to third parties. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Carteret County COUNTY: Carteret PROJECT NAME: Old Ferry Channel & Deer Creek LOCATION OF PROJECT: Cape Carteret to Emerald Isle DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-12-20 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: Heather Styron DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 6-28-20 ADJ. RIP. PROP NOTICES RECD: 5/12/2020 C) 75 DAY DEADLINE- 7-26- 0 HOLDS: Tt!Ze % '-' ra l`kw EMAIL OUT DATE: Click or tap to enter a date. PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: Yes DISTRICT OFFICE: MHC Date FEE RECD: $475 (60140) # Click or tap here to enter text. END OF NOTICE DATE: 7-18-20 DEED RECD: Yes // 150DAYDEADLINE: ia(Q 10 STATE DUE DATE: ChcK/c�ter a date. AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep Z DCM — LUP Consistency Determination 7 0 Local Permit Officer Corps of Engineers — Regulatory Branch LIZ76 DWR-401 Section tt(L ?o Q— 32 ✓ Z DWR—PublicWaterSupply 71(9 o DEMLR — Stormwater DEMLR— Sed and Erosion DOA — State Property Office Wildlife Resources Commission DMF — Shellfish Section Z jp v fi• fi DMF — Habitat & Enhancement T Ic zW l9 0 TU p (� ! ((Tut t� DNCR — Archives & History DNCR—Natural Heritage Program NCDOT NC Dept of Commerce 3p Zt7 F A� ' . w ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director DATE: June 22, 2020 TO: Gregg Bodnar THRU: Roy Brownlow FROM: Heather M. Styron NORTH CAROLINA Environmental Quality MEMORANDUM SUBJECT: Comments and Recommendations - CAMA Major Permit -Carteret County Old Ferry Channel and Deer Creek maintenance excavation, Cape Carteret, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal involves the excavation of 38,733 cubic yards of material along the Old Ferry Channel and Deer Creek in Cape Carteret, Carteret County. The development conforms to the guidelines set forth under 15A NCAC 07H .0208. The waters of the Bogue Sound area are open to shellfish harvest and is not designated as a Primary Nursery Area with the waters of Deer Creek are closed to shellfish harvest and is also not designated as a primary nursery area. Assuming that state and federal agencies concur with the proposal, the District recommends the project be authorized as proposed, contingent upon the following conditions: • All development shall be constructed as shown on plats accepted as complete by DCM on 5/12/2020. • All excavation shall remain outside of any SAV areas. The channel shall not exceed a width of 20', 30' or 50' and a final depth of 4', -5' or -6' mlw depending on location. • All excavated materials will be confined above mean high water a minimum of 30' and landward of regularly or irregularly flooded marsh behind effective dikes or other retaining North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 26557 252.808.2808 Comments Carteret County Old Ferry Landing and Deer Creek Page 2 of 2 structures to prevent spillover of solids into any marsh or surrounding waters. The effective integrity of the dike and/or spoil retaining structures shall be maintained for the life of the project. Dredged spoil material shall not be stockpiled at the offloading site and shall be immediately transferred to the placement site. Effective sedimentation and erosion control structures and practices shall be installed prior to placement of dredged material. North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 ROY COOPER Linecns:v MIICHAEL S. REGAN vt:,rtav BR. XTON DAVIS lr+,yp:+11.: Trr:r+utr2lduYJl 1;4::zv�,rcnr June 9, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-2473330 (Courier 04-16-33) grecia.bodnaD@ncdenr.gov SUBJECT: CAMA Major Farmd Applicafton Review Applicant: Carteret County Project Location: Old Ferry Channel &Deer Creek, Carteret County Proposed Project: Maintenance Dredging Please indicate below your agencys posftn or viewpoint on the proposed project and mturn this form to Greaa Bodnar at the address above by July 20, 2020. If you have any questions regarding the proposed project, contact Heather Styron (252) 8DB-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 NC Commerce SIGNATURE 6-30-20 DATE RECEIVED J U N 3 0 2020 SmbaE:4octtCsaa&m i Fa.�^w+*t Lntz�N� Ca':::e15.'mnacsffi �Cscmtrca?xa.Sbc.6aadCfi•.VC'%a57 (_'4"a 979�^.z% RON'COOPER MIC'H.AEL S. REGAN BRAXTON DAVIS June 9, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Cou►ter"16.33) grecg.bod nar ftcdencgov SUBJECT: CAMA Major Permit Application Review Applicant: Carteret County Project Location: Old Ferry Channel & Deer Creek, Carteret County Proposed Project: Maintenance Dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greau Bodnar at the address above by July 20, 2020. If you have any questions regarding the proposed project, contact Heather Styron (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. PRINT NAME_ - Mk K 60 k n AGENCY (^bhL Lll,,k/ �.nPty SIGNATURE "mkt% DATE Suite oN.fth Carolina i Envirotuncntal Quality Coastal Management 400 Commerce Ave. Momhead City, NC 28557 1252) 808-2808 RECEIVED J U L 1 7 2020 r Y NORTH CAROLWA G7rrhnronantnl Oualiip June 9, 2020 MEMORANDUM., FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDECI - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg. bodnar(a)ncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Carteret County Project Location: Old Ferry Channel & Deer Creek, Carteret County Proposed Project: Maintenance Dredging ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Dimcmr, Division ofCoarial Managemeni 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 July 20, 2020. If you have any questions regarding the proposed project, contact Heather Styron (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: PRINT NAME AGENCY SIGNATURE DATE 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. Rachel Love-Adrick Division of Coastal Management 0 U - July 7, 2020 W J U L 1 7 2020 RRP SECTION .HD State ofNonh Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Moorhead City, NC 28557 (252) 808-2808 ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director MEMORANDUM TO: FROM: SUBJECT: Date: NORTH CAROLINA Environmental Quality Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management Rachel Love-Adrick, District Planner Division of Coastal Management J U L 1 7 2020 MP SECTION NIFoED Major Permit Application Carteret County— Old Ferry Landing and Deer Creek July 7, 2020 Consistency Determination: The request is consistent with the Carteret County Land Use Plan certified by the CRC on December 20, 2010; the Cape Carteret CAMA Land Use Plan certified by the CRC on May 18, 2007; and the Emerald Isle Comprehensive Land Use Plan certified by the CRC on January 24, 2018. Overview: Carteret County proposing to excavate the existing navigation channel referenced as Old Ferry Channel from Cape Carteret to Emerald Isle and within Deer Creek. The Old Ferry Channel extends from Cape Carteret across Bogue Sound (cuts through the AIWW) and continues to Emerald Isle. AECs onsite include EW and PTA. The project will occur in two water bodies: Bogue Sound and Deer Creek. Bogue Sound is classified as ORW, is not a PNA, and is open to the taking of shellfish. Deer Creek is classification is ORW, it is not a PNA, and is closed to the taking of shellfish. No SAV's or shellfish beds were observed within the proposal project area The county is proposing to restore the Old Ferry Channel to a width of 30' to 50' wide (depending on location), 6,750 in length and a final depth of -6' mlw +1. They are also proposing a width of 30' to 50' within the Deer Creek entrance channel, 6,200' in length and a final depth of-5' mlw +1. The final portion of the project would be maintenance excavation within the canals of Deer Creek that serve the residential areas. The applicant is proposing to maintain a 20' x 30' channel width, 6,00' in length and a final depth of -4' mlw+.5 and -5' mlw + 1 depending on location. The connecting water depths are -4' mlw to -8' mlw depending on location. The excavation would remove a total of 38,733 cubic yards of material. The average existing water depth is -2'mlw to -4' mlw depending on location and the final excavation depth would be -4' mlw +.5 and -5' mlw + 1 within the Deer Creek canals, -5' mlw + 1 within the Deer Creek access channel and -6' mlw+ 1 within the Old Ferry Channel. North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 FA Per the applicant both the Deer Creek and the Old Ferry Channel maintenance operations would utilize three material placement sites and one transfer site. The transfersite is located at 314 Live Oak Drive with the material placement sites located at 312,314 and 324 Live Oak Drive, 307 Bayshore Drive and 916 WB Mclean Boulevard. The spoils would be removed by a clamshell or excavator type dredge, loaded on a barge and then unloaded into a dump truck for hauling and placement on the disposal sites. The spoils would be located a minimum of 30' above NHW and stabilized with erosion control measures. Anticipated impacts The excavation would remove a total of 827,500 sf (38,733 CY) of shallow bottom habitat and would cause temporary turbidity during removal. The spoils would be contained at upland areas and retained via erosion control measures. Future maintenance excavation is anticipated and the proposed channel routes could increase yearly shoreline erosion by increase in boat traffic. Basis for Determination: The project site is subject to land use plans in Carteret County, Emerald Isle, and Cape Carteret. The proposed project has been reviewed against each plan for consistency. The 2005 Carteret County Land Use Plan's Future Land Use Map (FLUM) designates the site as Conservation (Areas of Environmental Concern). 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: Policy 2.4 Carteret County's policies for development in estuarine and public trust waters are as follow: 1. Carteret County will only allow development activities in estuarine and public trust waters that are associated with water -dependent uses, consistent with state and federal standards, and meet all local policies contained in this plan. Emerald Isle Comprehensive Land Use Plan Future Land Use Map does not apply a classification to the proposed dredge area. The following LUP policies may be applicable to this request: Policy 14. The Town recognizes the importance of the 575-foot outstanding resource waters (ORW) estuarine shoreline in protecting water quality in Bogue Sound, and supports use standards that preserve natural barriers to erosion, require vegetated buffers, require on -site retention of stormwater, and keep impervious surfaces to a minimum. The Town will continue to enforce local ordinances that support these objectives in the ORW-estuarine shoreline (P). Schedule: Continuing. Cape Carteret CAMA Land Use Plan's Future Land Use Map does not apply a classification to the proposed dredge area. The area's identified as spoil sites are classified as Low Density Residential. The following LUP policies may be applicable to this request: 4.2.6, Policy 4: Policy 4: The town's policy is to restrict development in estuarine waters and public trust waters to those uses which will not cause significant degradation of the natural function nor condition of the estuarine waters and public trust areas. Any development within estuarine or public trust waters must be consistent with CAMA 7H Use Standards and local development. RE COVED J U L 1 7 2020 North Carolina Department of Environmental Quality I Divislon of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252,8082808 RAP SECTION MHD 'r. m a I-_ NORTH CAROLINA &mi+'otm�cnLx(Qna(tiy June 9, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) greag. bod nar(ancdenr. oov SUBJECT: CAMA Major Permit Application Review Applicant: Carteret County Project Location: Old Ferry Channel & Deer Creek, Carteret County Proposed Project: Maintenance Dredging ROY COOPER Governor MICHAEL S. REGAN Secrotory BRAXTON DAVIS Director, Dmision of Coastal 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 July 20, 2020. If you have any questions regarding the proposed project, contact Heather Styron (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. PRINT NAME Shannon Myers AGENCY DMF- Shellfish Sanitation and Recreational Water Quality SIGNATURE for Shannon Jenkins DATE 7/17/20 State ofNouh Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 RECEIVED J U L 2 0 2020 ROY COOPER Uovernor MICHAEL S. REGAN Senew'y STEPHEN W.MURPHEY Diww MEMORANDUM TO: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ -Division of Coastal Management400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3 330 (Courier 04-16-33) greeg.bodnarP ncderingo FROM: Shannon Myers Shellfish Sanitation and Recreational Water Quality Section Division of Marine Fisheries, NCDEQ THROUGH: Shannon Jenkins Shellfish Sanitation and Recreational Water Quality Section Division of Marine Fisheries, NCDEQ DATE: July 17, 2020 SUBJECT: CAMA/DREDGE & FILL- Carteret County- Maintenance Dredging As mentioned in the application, coordination with DMF's Habitat Enhancement Section is desired to organize an oyster relocation plan. This effort will minimize potential impacts to oyster habitat in the School House Creek portion of the project. Also, because a portion of the dredge material is being removed from an area that is closed to shellfishing, unintended discharges from the dewatering of the spoils into Approved shellfishing waters will cause a temporary shellfish closure. The areas of concern include the Deer Creek main branch, and School House/Rocky Run Creek found on sheets 8-18 and 22-24. The two primary disposal sites are directly adjacent to the Approved waters of Old Ferry Channel, and pose the greatest risk of direct runoff having a negative impact on the local water quality. Placement of spoils from the closed waters further upstream, at the designated secondary disposal site, would reduce the risk of a negative impact to open shellfishing waters. It is requested that our section be notified prior to any dredging activity, so that we can determine at that time if a temporary shellfish closure is needed. RECEIVE® J U L 2 0 2020 State of North Carolina I Division of Marine Fisheries MP SECTION IMAD 3441 Arendell Street 1 P.O. Box 769 1 Morehead City. North Carolina 28557 252-726-7021 Bodnar, Gre From: Harrison, James A Sent: Tuesday, October 20, 2020 3:03 PM To: Bodnar, Gregg Subject: Re: [External] File Transfer: Deer Creek Additional Information - Carteret County Shallow Draft Navigation Gregg, The updates seem to have addressed the issues that I raised with the initial proposal. Considering the measures being taken to avoid and/or minimize impacts to SAV and shellfish and the included timing restrictions of in - water work, DMF has no additional comments to provide. I would like to emphasize, though, the importance of working with DMF and other interested parties/agencies regarding shellfish relocation, and that I'm willing to help as much as possible. Thanks Gregg! Jimmy Jimmy Harrison Ha6itat and rIn6ancement Section NC Division of Marine ris6eries james.6arrison@ncc]enr.gov 25 2-9+8-3 8 3 5 Email correspondence to and from this address is subject to the North Carolina Public Records Lmv and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Tuesday, October 20, 2020 8:18 AM To:'Hair, Sarah E CIV CESAW CESAD (US)' <Sarah.E.Hair@usace.army.miI>; Harrison, James A <James.Harrison@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Snider, Holley <holley.snider@ncdenr.gov> Subject: RE: [External] File Transfer: Deer Creek Additional Information - Carteret County Shallow Draft Navigation Morning all, I just wanted to check in to see if anyone had comments to the updated workplans or had verification that the provided information was sufficient for processing. Thanks, Gregg 1' NORTH CAROLINA Enl irannrenral Onsd;'J. June 9, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar(cDncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Carteret County Project Location: Old Ferry Channel & Deer Creek, Carteret County Proposed Project: Maintenance Dredging ROY COOPER cm error MICHAEL S. REGAN .5'ecmiary BRAXTON DAVIS Director, Divivon fCuanal 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 July 20, 2020. If you have any questions regarding the proposed project, contact Heather Styron (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. X 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 �oiLzt�� DATE 20 July 2020 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 I �' J U L 2 0 2020 MP SECTION MHD RECEIVED J U L 2 0 2020 IVIP SECTION MH'D MEMORANDUM: ROY COOPER Governor MICHAEL S. REGAN Secretary STEPHEN W.MURPHEY Director TO: Gregg Bodnar, NCDCM Assistant Major Permits Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: Old Ferry Channel and Deer Creek, Carteret County DATE: July 14, 2020 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Permit application for proposed actions that may impact fish and fish habitats. The proposed project is located at the Old Ferry Channel along Bogue Sound and within Deer Creek in Cape Carteret, Carteret County, North Carolina. The applicant, Carteret County, is proposing to excavate the existing navigation channel, referenced as Old Ferry Channel, from Cape Carteret to Emerald Isle and within Deer Creek. The average existing water depth is -2' to -4' mean low water (MLW), depending on location. Carteret County is proposing to restore the Old Ferry Channel width to 30' to 50' (depending on location), 6,750' in length, and a final depth of -6' +1' MLW. The county is also proposing the same width for Deer Creek entrance channel, 6,200' in length, and a final depth of -5' +1' MLW. The final portion of the proposed project would be maintenance dredging within the canals of Deer Creek that serve the residential areas. The county is proposing to maintain a channel with of 20' to 30' and 600' in length, with a final depth of - 4' +.5' and -5' + 1' (depending on location). The county has indicated that channel maintenance operations would utilize three material placement sites and one transfer site. Material would be removed by clamshell or excavator dredge, loaded onto a barge, then unloaded into a dump truck for hauling and placement on the disposal sites. The spoils would be located a minimum of 30' above normal high water (NHW) and stabilized with erosion control measures. Carteret County will limit the construction activities to daytime hours between November 16th and March 315t. The proposed project occurs within an area that has historically supported submerged aquatic vegetation (SAV). SAV is a highly valuable habitat, both environmentally and economically. These habitats provide nursery, foraging, and/or spawning areas for various recreationally and commercially important fish and invertebrate species. Additionally, SAV plays a critical role in natural erosion control and shoreline stabilization, as well as water State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I PA. Box 7691 Morehead City, North Carolina 28557 252-726-7021 quality enhancement, primary production, and nutrient cycling. Therefore, it is crucial that SAV habitat be protected, in order to maintain these critical environmental contributions. Prior to the commencement of dredging activities, a survey for SAV should be completed and the results of that survey should be provided to DMF, as well as any additional interested agencies/parties. This survey should be completed during the active growth period (April through October), preferably - if possible - during the peak of this period. For any areas with SAV habitat present that are within 100 feet of the dredging footprint, a turbidity curtain should be placed between the dredging operation and the SAV habitat in order to minimize the increases in turbidity and sediment deposition in these critical habitats. Any turbidity curtain used should be left in place for a minimum of 72 hours after completion of the work in order to allow sediment to settle. As noted in the application documents, there is a potential existence of oyster habitat within a portion of the project area. The applicant intends to conduct an oyster relocation prior to dredging School House Creek. Carteret County will coordinate with DMF during the development and implementation of the oyster relocation plan, and will provide DCM with notice of satisfactory completion of the relocation efforts from DMF prior to initiation dredging in School House Creek. It is the DMF's position that oyster habitat is a vital component of the estuarine system, and it must be protected from physical harm, its restoration and growth must be fostered, and preventing its physical destruction by dredging or filling is essential. Therefore, DMF would generally oppose alteration applications that may negatively impact existing oyster resources. However, where site -specific conditions warrant, an applicant may sometimes relocate existing resources to suitable nearby habitat. In order for relocation to be considered as an option by DMF, there must be less than commercial quantities (defined as a rate of 10 bushels per acre by rule 15A NCAC 30.0201(a)(1)). Therefore, DMF requests that the applicant has the site surveyed for oysters, in order to verify that any oysters present in the area are within this threshold. Results of this survey will be necessary in determining if relocation is a viable option. This section of DMF wants to reiterate the importance of coordinating with the law enforcement, resource enhancement, and Shellfish Sanitation sections of DMF, as well as any other necessary sections/agencies. Furthermore, shellfish relocation must occur during relay season (April lst through May 151h), and must be relayed by commercial fishermen who hold a permit to relay. The site must be located in an area that is open to relay as determined by DMF and must occur under the current rules and regulations of DMF. Thank you for consideration of our comments. Please contact Jimmy Harrison at (252) 948-3835 or at iames.harrisonC&ncdenr.gov with any further questions or concerns. RECEIVED JUL 2 0 2020 Statere t I P. Carolina UIoreh ad Marine rthCar .MP SECTION MHC 3441 Arendell Street I P.O. Box 769 Morehead City, North Carolina 2855 282-726-7021 Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, July 9, 2020 7:04 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; Ryan.L.Taylor@uscg.mil; fritz.rohde; matt creelman; Bodnar, Gregg; Twyla Cheatwood; John; Mairs, Robb L; MacPherson, Tara; Howell, Jonathan; Wojoski, Paul A; Styron, Heather M. Cc: Charles, Thomas P CIV USARMY CESAW (USA); Hair, Sarah E CIV CESAW CESAD (US) Subject: [External] CAMA MAJOR/PGP 291/SAW-2020-01135/ Carteret County Old Ferry Channel and Deer Creek dredge project/Carteret Attachments: SAW-2020-01137 Old Ferry Channel Deer Creek dredge_Carteret.pdf; Carteret County - Application.pdf; Carteret County - Field Report.pdf, Carteret County - Drawings.pdf; GoogleEarth_Placemark.kmz; GoogleEarth_Image jpg F rt ,{ al email. Da not click links or open attachments unless you verify. Send all suspicious email as an attachment to -- All: Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit request for the subject project. The attached notice requests federal agency comments on this project by August 8, 2020. The applicant proposes to perform dredging activities within the existing navigation channels of the Deer Creek system and Old Ferry Channel from Cape Carteret to Emerald Isle, in order to provide enhanced/increased recreational navigation access for residents and tourists, in Cape Carteret and Emerald Isle, to the AIWW. According to the application, the Old Ferry Channel (approximately 1.3 miles) originally supported ferry traffic from 1961-1971, which has since served as recreational navigation access once the bridge to Emerald Isle was constructed in 1971. There are no known maintenance dredging events associated with the Old Ferry Channel since it was constructed. The Deer Creek system includes navigation channels associated with multiple residential areas in Cape Carteret, and is 2.3 miles in length, and includes a connection to the Old Ferry Channel. Maintenance dredging has occurred in portions of Deer Creek, however it is unknown if the entirety of Deer Creek has ever received maintenance excavation. Land use surrounding the Deer Creek shoreline is residential development. Decimal Degrees for the midpoint of the project area are: 34.684952 N,-77.053363 W. Specifically, the project consists of conducting dredging within the channels of the Deer Creek system ( Deer Creek Connecting Channel, Deer Creek North (main channel), Deer Creek South (main channel), School House Creek, and Deer Creek West Branch) in Cape Carteret and the channel identified as Old Ferry Channel from its confluence with Deer Creek/Bogue Sound crossing the AIWW to Emerald Isle, NC, via bucket to barge method, with disposal of dredged material at three separate locations on Live Oak Drive ( 312, 314, and 324 Live Oak Drive), one disposal site on Bayshore Drive (307 Bayshore Drive), and one disposal site located at 916 WB McLean Boulevard (HWY 24), all in Cape Carteret, NC. A maximum total of 29,058 cubic yards of material is proposed to be removed from the Deer Creek System, with approximately 9,675 cubic yards of material removed from Old Ferry Channel with a priority focus on shoaled areas. Volume calculations were generated from a hydrographic survey conducted by Carteret County in August of 2018. According to the applicant, completion of the full project may not be possible due to budgetary constraints. The County Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, July 30, 2020 1:37 PM To: Bodnar, Gregg Subject: [External] project updates: Bogue Watch and Old ferry Channel m .0 ^Ae—Ma —�xa — .. .....__ _..... —. xterna emalf bo not vclick finks oropen attachments unless you verify. Send allatlsuspicious email as an at Hey Gregg, Hope you are doing well. I just wanted to give you an update on where the Corps is with these 2 projects. Since both have the potential to impact Corps' federal projects, 408 review is required. Both 408 coordination requests have been submitted and are currently under review. I anticipate a memo due to the potential minor impacts associated with the proposals. I'll keep you posted. Liz Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.armv.mil Work Cell: 910-512-4456 Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, July 23, 2020 4:50 PM To: Bodnar, Gregg Subject: RE: [External] CAMA MAJOR/PGP 291/SAW-2020-01135/ Carteret County Old Ferry Channel and Deer Creek dredge project/Carteret t Uidrnal email Do,not click links or open attachments,unless you verify. Send all suspicious email as an'attachment to=s r"" orts ain nc ov Ok-if the survey comes back w/ no issues, then I won't need to re -coordinate w/ NOAA. I would imagine we would require the standard 291 conditions, the in water work moratorium, Manatee Guidelines, a condition to address Navigation's concern re: shoaling, and maybe a condition of the 408 review, but not sure what that would be. I think we have a standard statement that we add to our permit that covers it. My notice date ends August 8. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Thursday, July 23, 2020 2:16 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: [External] CAMA MAJOR/PGP 291/SAW-2020-01135/ Carteret County Old Ferry Channel and Deer Creek dredge project/Carteret The narrative said no SAV or shellfish, but DMF wanted a survey. Let me know how timing goes with you. This one did not get out for review until almost the 75 day date. FYI, there is a possibility I may have to make a final decision before your done because the 75 day is already Sunday. Fingers Crossed. Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, July 23, 2020 1:39 PM To: Bodnar, Gregg <eree¢.bodnar[a@ncdenr.gov> Subject: RE: [External] CAMA MAJOR/PGP 291/SAW-2020-01135/ Carteret County Old Ferry Channel and Deer Creek dredge project/Carteret Ok-thanks for the head's up. FYI, since the project crosses the Corps federal project (AIWW) a section 408 review will be required (currently underway), and Navigation had the following comment on the proposal: "Navigation has only a minor concern about this project. Since this project crosses the AIWW Federal project so we would like to ensure that they do not create any shoaling within the federal channel (by pushing material around, transporting material, etc.). If no shoaling in the federal project navigation does not believe this will impact the project negatively." Not sure of the time frame for the 408 review. They did say it would be a memo and not a full blown EA. Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 RECEIVED October 27, 2020 OCT 2 E 2020 LIP SECTION MHD Action ID No. SAW-2020-01137/Old Ferry Channel/Deer Creek/Carteret County 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: Reference the application of Carteret County to perform maintenance excavation of the Old Ferry Channel ( 6,750 linear foot access channel) and waters of the Deer Creek system 12,200 linear foot access channel and residential canal), near Cape Carteret and Emerald Isle, in Carteret County, North Carolina. Specifically, the project consists of conducting maintenance dredging within Old Ferry Channel and Deer Creek, via bucket to barge method, placing material in a hopper barge to the designated offloading site. Spoil material will be placed on high ground sites within proximity of Deer Creek. The proposed cut in the Old Ferry access channel would be 6,150' long and 50' wide with inaugural sections of Cape Carteret and Emerald Isle at 30' wide totaling approximately 600' in length. Average water depths in the Old Ferry Channel are -4' MLW and would increase to -6' MLW+1'. Proposed dredging of the Deer Creek access channel would be 6,200 linear feet with a 50' width for 4,000 ft and varying widths for a 2,200- foot section. Average water depths in the access channel of Deer Creek are -3' MLW with final proposed dredge depth of -5' MLW +1. Proposed dredging of the Deer Creek residential canal would total 6, 000 linear feet, with a 30' width for 500 ft and the remaining 5,500 linear feet at a 20' width. Average water depths within the Deer Creek residential canal area are -2' MLW and RECEIVED OCT 2 8 2020 MP SECTION MHO -2- would increase to -5' MLW +1 and 4 MLW +0.5' depending on location. A total of 38,733 cubic yards is proposed to be excavated from the channels. Connecting water depths range from 4to -8' at Mean Low Water, depending on location. The excavated material would be placed on high ground at five sites, 916 WB McLean Drive, 312, 314, and 324 Live Oak Drive, and 307 Bayshore Drive. Additionally, prior to dredging, the applicant proposes to relocate oysters identified within the project area in coordination with the North Carolina Division of Marine Fisheries. 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 http://www.fws.gov/nc-es/mammal/manatee quidelines.pdf. 2. In order to protect juvenile finfish resources and seasonal migrations of fish and protected species (i.e. sturgeon and sea turtles), no excavation will be permitted between the dates of April 1 and November 15 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. Dredging will be restricted to daylight hours. 3. The permittee shall ensure that construction activities do not result in shoaling of dredged material within the federal channel (Atlantic Intracoastal Waterway at the Old Ferry Channel crossing). Material shall not be pushed into the federal channel. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 5. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 6. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. w1 { OCT 2 8 2020 MP SECTION 4 IAD -3- 7. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 8. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733- 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 9. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 10. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 11. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 12. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 13. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout lie waters, are not considered significant. 14. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before, completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 15. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24. hours of the permittee's discovery of the violation. 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. Electronic copy furnished: Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office RECEIVE® OCT 2 8 2020 114P SECTION MHD Mr. Todd Allen Bowers US EPA Region 4 Life Scientist -Water Protection Division Mr. Gregg Bodnar/Ms. Tara MacPherson North Carolina Department of Environmental Quality- Division of Coastal Management Mr. Paul Wojoski/Ms. Holley Snider North Carolina Department of Environmental Quality -Division of Water Resources -5- Mr. Pete Benjamin/Ms. Kathy Matthews U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement Dr. Pace Wilber/ Ms. Twyla Cheatwood National Marine Fisheries Service -Habitat Conservation Division OCT 2 8 2020 WIP SECTION MHD (Sent via Electronic Mail) Colonel Robert J. Clark, Commander USACE Wilmington District 69 Darlington Avenue Wilmington, North Carolina 28403-1398 Dear Colonel Clark: (UNITED STATES DEPARTMENT OF COMMERCE Nallonal Oceanic and Almosphsric Administration �t NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 263130 Avenue South x St. Petersburg, Florida 33701-5505 httos:ttwww fisheries noaa aovlreoionlsoutheast July 16, 2020 NOAA's National Marine Fisheries Service (NMFS) reviewed the project described in the public notice listed below. Based on the information in the public notice, the proposed project would occur in the vicinity of essential fish habitat (EFH) designated by the South Atlantic Fishery Management Council, Mid -Atlantic Fishery Management Council, or the NMFS. The NMFS anticipates any adverse effects occurring from the project to NOAA trust resources would be minimal. Consequently, the NMFS offers no EFH conservation recommendations pursuant to the Magnuson -Stevens Fishery Conservation and Management Act and no recommendations under the Fish and Wildlife Coordination Act. Notice No. Applicant(s) Notice Date SAW-2020-01137 Carteret County; Old Ferry July 9, 2020 Channel Please note these comments do not satisfy consultation responsibilities under section 7 of the Endangered Species Act of 1973, as amended. If an activity "may effect" listed species or critical habitat under the purview of the NMFS, please initiate consultation with the Protected Resources Division at the letterhead address. Sincerely, signed by WILBER.THOMAS.P Nr91BEIR.THOMAS.PAYSON.13658 AYSON.1365820186 20186 Date: 2020.07.16 10:08:06 -04'00' for Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division RECEIVED 0 CT 2 8 2020 IMP SECTION IMHD � ,a L_ DocuSign Envelope ID: C49DD430-E67B-4FC3-9034-95BC3F56E89C ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Envrmnmentar QuaUtY October 29. 2020 Carteret County Board of County Commissioners Attn: Tommy Burns and Rudi Rudolph 302 Courthouse Square Beaufort, NC 28516 RECEIVED NO" - ?o DWR Project # 2019-1032v2 Carteret County Subject Property: Old Ferry Channel and Deer Creek, Bogue Sound Approval of 401 Water Quality Certification with Additional Conditions Dear Messrs. Burns and Rudolph: You have our approval, in accordance with the attached conditions and those listed below to perform maintenance excavation within the Old Ferry Channel and Deer Creek, as described in your CAMA Major Development Permit application dated May 12, 2020, which was received by the Division of Water Resources (Division) on June 29, 2020, along with sequential information received on October 13, 2020. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4175 (GC 4175). This Certification allows you to use the General Permit No. 198000291 when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: Impacts Approved 1. The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: D_E Qs_ North Carolina Department of Environmental Quality I Division of Water Resources r}j Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, Nash Carolina 28405 u s "\ / 910.796.7215 DocuSign Envelope ID: C49DD430-E67B4FC3-9034-95BC3F56E89C do Page 2 of 4 Type of Impact Amount Approved (Units) Plan Location or Reference Open Waters Old Ferry Channel Approximately 18.9 acres Figures 1 through 26, and Project Deer Creek (Maintenance Dredging) Narrative 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the 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. 3. The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The applicant/permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. 6. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)] 7. The permittee shall report to the Wilmington Regional Office at (910) 796-7216 (after hours and on weekends call 800-868-0368) any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts 115A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent RECEIVED NOV 2 2020 DocuSign Envelope ID: C49DD430-E67B-4FC3-9034-95BC3F56E89C Page 3 of 4 reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 8. Moratoriums You will comply with any moratoriums per the NC Division of Marine Fisheries and the NC Wildlife Resources Commission. Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. If such activities should take place during periods of high biological activity (e.g. anadromous species and shorebirds), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. 9. Please note that the area surrounding the project site contains submerged aquatic vegetation (SAVs) and shellfish resources. No impacts to SAVs are authorized by this certification outside the approved impacts specified herein. A 10-foot buffer shall be maintained from aquatic vegetation to prevent impacts. An approved relocation plan must be implemented to avoid impacts to shellfish resources. [15A NCAC 07H .0208(b)(1)] 10. The Permittee shall adhere specially 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] 11. Dredging shall not cause Shellfish Closures. The effluent water from the dredge spoil should not be released into open shellfish waters. Marine Fisheries Shellfish Sanitation Section and the Division of Water Resources must be notified if this is to occur. 12. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return the enclosed certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion (the certification of completion is also available at: Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at hfp://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. NOV P 2020 MP SECTION MHD DocuSign Envelope ID: C49DD430-E67B-4FC3-9034-95BC3F56E89C E Page 4 of 4 Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Bill Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Holley Snider in the DWR Wilmington Regional Office at 910.796.7304 or hollev.snider(rDncdenr.Dov. Sincere) DocuBiBnetl Ey Kiem a. smt6l Ai" E3ABAUAC70C434... Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: GC 4175 Liz Hair - LISACE Wilmington Regulatory Field Office -Electronic Copy DWR 401 & Buffer Permitting Branch file-LF Gregg Bodnar - DCM Morehead City -Electronic Copy Robert Neal and Doug Huggett — Moffatt & Nichol- Electronic Copy WiRO I NOV ? 2020 IvIn' SECTION MAID DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 October 27, 2020 Regulatory Division Action ID No. SAW-2020-01137/01d Ferry Channel/Deer Creek/Carteret County Mr. Jonathan Howell RECEIVED Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue OCT 2 9 2020 Morehead City, North Carolina 28557-3421 MP SECTION MHD Dear Mr. Howell: Reference the application of Carteret County to perform maintenance excavation of the Old Ferry Channel ( 6,750 linear foot access channel) and waters of the Deer Creek system 12,200 linear foot access channel and residential canal), near Cape Carteret and Emerald Isle, in Carteret County, North Carolina. Specifically, the project consists of conducting maintenance dredging within Old Ferry Channel and Deer Creek, via bucket to barge method, placing material in a hopper barge to the designated offloading site. Spoil material will be placed on high ground sites within proximity of Deer Creek. The proposed cut in the Old Ferry access channel would be 6,150' long and 50' wide with inaugural sections of Cape Carteret and Emerald Isle at 30' wide totaling approximately 600' in length. Average water depths in the Old Ferry Channel are -4' MLW and would increase to -6' MLW+1'. Proposed dredging of the Deer Creek access channel would be 6,200 linear feet with a 50' width for 4,000 ft and varying widths for a 2,200- foot section. Average water depths in the access channel of Deer Creek are -3' MLW with final proposed dredge depth of -5' MLW +1. Proposed dredging of the Deer Creek residential canal would total 6, 000 linear feet, with a 30' width for 500 ft and the remaining 5,500 linear feet at a 20' width. Average water depths within the Deer Creek residential canal area are -2' MLW and would increase to -5' MLW +1 and -4' MLW +0.5' depending on location. A total of 38,733 cubic yards is proposed to be excavated from the channels. Connecting water depths range from -4' to -8' at Mean Low Water, depending on location. The excavated material would be RECEIVE® OCT 2 q 2020 -2- rAP SECTION MHD placed on high ground at five sites, 916 WB McLean Drive, 312, 314, and 324 Live Oak Drive, and 307 Bayshore Drive. Additionally, prior to dredging, the applicant proposes to relocate oysters identified within the project area in coordination with the North Carolina Division of Marine Fisheries. 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 http://www.fws.gov/nc-es/mammal/manatee quidelines.pdf. 2. In order to protect juvenile finfish resources and seasonal migrations of fish and protected species (i.e. sturgeon and sea turtles), no excavation will be permitted between the dates of April 1 and November 15 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. Dredging will be restricted to daylight hours. 3. The permittee shall ensure that construction activities do not result in shoaling of dredged material within the federal channel (Atlantic Intracoastal Waterway at the Old Ferry Channel crossing). Material shall not be pushed into the federal channel. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 5. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USAGE) prior to implementation. 6. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 7. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does RECEIVED OCT 2 9 2020 -3- MP SECTION MHD not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 8. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any -other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733- 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 9. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 10. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 11. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 12. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate, installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 13. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 14. The permittee, upon receipt of a notice of revocation of this permit or upon its 0 expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 15. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 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. Sincerely, HAI R.SA RAH. �\HAIRSANAH.EA:itally signed10546935, 2 A.1054693512-0 00 020.10.2717:03:27 Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic copy furnished: 0 CT 2 9 2020 Mr. Todd Allen Bowers MP SECTION M D US EPA Region 4 Life Scientist -Water Protection Division Mr. Gregg Bodnar/Ms. Tara MacPherson North Carolina Department of Environmental Quality- Division of Coastal Management Mr. Paul Wojoski/Ms. Holley Snider North Carolina Department of Environmental Quality -Division of Water Resources Mr. Pete Benjamin/Ms. Kathy Matthews U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement -5- Dr. Pace Wilber/ Ms. Twyla Cheatwood National Marine Fisheries Service -Habitat Conservation Division ECOVED 0 CT 2 9 2020 W2P SECTM MHD Bodnar, Gre From: Harrison, James A Sent: Wednesday, October 28, 2020 11:44 AM To: Bodnar, Gregg Subject: Re: [External] File Transfer: Deer Creek Additional Information - Carteret County Shallow Draft Navigation Gregg, Thanks for checking with me. I just went back through the updated project narrative, and the narrative includes a timing restriction of daytime hours between Nov 16 and March 31. This would aid in the minimization of impacts to SAV, as it only allow work outside of the active growing season. As long as they're still willing to keep that, I won't have any additional timing restrictions to request. Thanks again for checking! Jimmy Jimnn� Harrison Ha6itat and Enhancement Section NC Division of Marine Fisheries james.6arrison@ncdenr.Qov 25 Z-948-3 s 3 5 Email correspondence to and from this address is subject to the North Carolina Public Records law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Wednesday, October 28, 2020 11:14 AM To: Harrison, James A <James.Harrison@ncdenr.gov> Subject: RE: [External] File Transfer: Deer Creek Additional Information - Carteret County Shallow Draft Navigation Hey Jimmy, I just wanted to check, I can't see any discussion of moratoria so I wanted to verify if there was any request. Thanks, Gregg From: Harrison, James A <James.Harrison@ncdenr.gov> Sent: Tuesday, October 20, 2020 3:03 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: Re: [External] File Transfer: Deer Creek Additional Information - Carteret County Shallow Draft Navigation Gregg, The updates seem to have addressed the issues that I raised with the initial proposal. Considering the measures being taken to avoid and/or minimize impacts to SAV and shellfish and the included timing restrictions of in - water work, DMF has no additional comments to provide. I would like to emphasize, though, the importance of working with DMF and other interested parties/agencies regarding shellfish relocation, and that I'm willing to help as much as possible. Thanks Gregg! Jimmy Jimmy Harrison Habitat and Enhancement Section NC Division of Marine Fisheries james.harrison@ncdenr.gov r 252-948-3835 10 Email correspondence to andfrom this address is subject to the North Carolina Publrc Records law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Tuesday, October 20, 2020 8:18 AM To:'Hair, Sarah E CIV CESAW CESAD (US)' <Sarah.E.Hair@usace.armv.mil>; Harrison, James A <James.Harrison@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Snider, Holley <hollev.sn ider@ ncdenr.gov_> Subject: RE: [External] File Transfer: Deer Creek Additional Information - Carteret County Shallow Draft Navigation Morning all, I just wanted to check in to see if anyone had comments to the updated workplans or had verification that the provided information was sufficient for processing. Thanks, Gregg From: Bodnar, Gregg Sent: Tuesday, October 13, 2020 11:05 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@Usace.armv.miI>; Harrison, James A <James.Harrison@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Snider, Holley <ho I ley.snider@ ncden r.gov> Subject: FW: [External] File Transfer: Deer Creek Additional Information - Carteret County Shallow Draft Navigation DIVISION OF COASTAL, MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Carteret County (Old Ferry Landing and Deer Creek Cape Carteret) 2. LOCATION OF PROJECT SITE: Located at the Old Ferry Channel along Bogue Sound and within Deer Creek in Cape Carteret. Longitude: 77°03'52, 77°03'37, 77°03'15, 77°03'25, 77°02'49, 77°02'42 Latitude: 34°40'47, 34°40'46, 34°40'52, 34°41'21, 34°40'33, 34°40' 11 3. INVESTIGATION TYPE: D&F 4. INVESTIGATIVE PROCEDURE:Dates of Site Visit — 6/17/2020 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received—10/31/19 Application Complete- 5/12/2020 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Cape Carteret and Emerald Isle Land Classification from LUP — Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: (yes) (D) Intended Use: public (E) Wastewater Treatment: Existing —N/A Planned - None (F) Type of Structures: Existing — existing channels Planned — Channel and creek excavation (G) Estimated Annual Rate of Erosion: N/A Source —N/A HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) excavation (38,733CY) N/A N/A 827,500 SF (D) Total Area Disturbed: 827,500ft2 (E) Primary Nursery Area: No (F) Water Classification: ORW Open: No within Deer Creek 8. PROJECT SUMMARY: The applicant proposes to excavate the existing navigation channel referenced as Old Ferry Channel from Cape Carteret to Emerald Isle and within Deer Creek. 9. Narrative Description The Carteret County channel excavation project is located within Deer Creek and the Old Ferry Channel that extends from Cape Carteret across Bogue Sound (cuts through the AIW W) and continues to Emerald Isle' Bogue Sound is 1.2 miles in length from Cape Carteret to Emerald Isle within this location, however there are marsh islands within the center of Bogue Sound that may affect the water body width calculation. The AIW W within this location is approximately 775' from the south side of Hunting Island in the Field Investigation Report: Carteret County channel excavation, Deer Creek and Old Ferry Channel Page 02 Cape Carteret area. The Town of Cape Carteret and Emerald Isle Land Use Plans classifies these areas as Conservation. This section of Bogue Sound is not designated as a Primary Nursery Area, is open to the taking of shellfish and carries a water classification of ORW while Deer Creek is not designated as Primary Nursery Area, is closed to the taking of shellfish and carries a water classification of ORW. Riparian corridors were not determined. The neighbors within the excavation vicinity were notified and no objections were received. No SAV's or shellfish beds were observed within the proposal project area. 10. Proiect Description: The excavation of Deer Creek and the Old Ferry Channel, per the applicant, would help enhance recreational navigation access for residents and visitors in Cape Carteret and Emerald Isle to the Atlantic Intracoastal Waterway (AIWW). Historically the Old Ferry Channel supported the ferry operation for travel from Cape Carteret to Emerald Isle from 1961 to 1971 until the B. Cameron Langston Bridge (Emerald Isle Bridge) was constructed. Per the applicant this would be the first known maintenance excavation for the channel since its original construction. It now serves as a primary recreational navigation access for Cape Carteret. Deer Creek connects to the Old Ferry Channel and serves as recreational navigation access to several residential areas. Portions of Deer Creek have been excavated through the years but it is unknown if Deer Creek has received maintenance excavation in its entirety. Carteret County would like to restore the Old Ferry Channel width to 30' to 50' wide (depending on location), 6,750 in length and a final depth of -6' mlw +1. They are also proposing a width of 30' to 50' within the Deer Creek entrance channel, 6,200' in length and a final depth of -5' mlw+1. The final portion of the project would be maintenance excavation within the canals of Deer Creek that seCvg. the residential areas. The applicant is proposing to maintain a 20' x 30' channel width, 6n length and a final depth of -4' mlw+.5 and -5' mlw+ 1 depending on location. The connecting water depths are -4' mlw to -8' mlw depending on location. The excavation would remove a total of 38,733 cubic yards of material. The average existing water depth is -2'mlw to -4' mlw depending on location and the final excavation depth would be -4' mlw +.5 and -5' mlw +1 within the Deer Creek canals, -5' mlw +1 within the Deer Creek access channel and -6' mlw +1 within the Old Ferry Channel. Per the applicant both the Deer Creek and the Old Ferry Channel maintenance operations would utilize three material placement sites and one transfer site. The transfer site is located at 314 Live Oak Drive with the material placement sites located at 312,314 and 324 Live Oak Drive, 307 Bayshore Drive and 916 WB Mclean Boulevard. The spoils would be removed by a clamshell or excavator type dredge, loaded on a barge and then unloaded into a dump truck for hauling and placement on the disposal sites. The spoils would be located a minimum of 30' above NEW and stabilized with erosion control measures. 11. Anticipated Impacts: The excavation would remove a total of 827,500 sf (38,733CY) of shallow bottom habitat and would cause temporary turbidity during removal. No SAV, CW's or shellfish were Field Investigation Report: Carteret County channel excavation, Deer Creek and Old Ferry Channel Page 03 observed within the excavation area. The spoils would be contained at upland areas and retained via erosion control measures. Future maintenance excavation would be anticipated and the proposed channel routes could increase yearly shoreline erosion by increase in boat traffic. Name: Heather Styron Date: 6/24/2020 Morehead City NIC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) Applicant: Carteret County Date: 6/22/2020 Project Site County Carteret Staff: HMS District: Elizabeth City Washington ®Morehead City ❑Wilmington Project Name: Deer Creek and Old Ferry Channel excavation Date of initial application submittal (DC, 1/&2007): 10)31/19 Date application "received as complete"in the Field office; 5/1212020 Permit Authorization: OCAMA SDredge & Fill DBoth SITE DESCRIPTIONIPERMIT INFORMATION PNA: Yes ONO Photos Taken: YesLJ NoO Setback Required (riparian): Yes ONO Critical Habitat: Yes ONO ONot Sure 15 foot waiver obtained: OYes ONO Hazard Notification Returned: ❑Yes ®No SAV: Yes ONO LJNot Sure Shell Bottom: Yes ONO Not Sure Temporary Impacts: ZYes ONO Sandbags: 0Yes ONO 0 Not Sure Did the land use classification come from county LUP: []Yes ®No Mitigation Required (optional): ❑Yes ®No Moratorium Conditions: []Yes ❑No ❑NA Environmental Assessment Done: ❑Yes ®No []NA SECONDARY WATER CLASSIFICATION —OPTIONAL (choose MAX of 4) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) LJ (SS) Glasswort ( Salicomia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) (SA) Sag marsh cordgrass (Spartfna (SY) Salt reed grass (Spartina aflemiflora) cynosuroides) (DS) Salt or spike grass (Distichlis spicata) (SC) Bullrush or three square (Scirpus sp.) (TY) Cattail (Typha sp.) (JR) Black needlerush (Juncus (SP) Saltimeadow grass (Spartina patens) roemerianus) APPLICATION FEE No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 can III(D) Priv. public or Comm wl D&F to 1 acre; be applied - $250 3490 can't be applied - $400 Minor Modification to a CAMA Major permit - Major Modification to a CAMA Major permit 0 IV Any development involving D&F of more $100 -$250 than 1 acre - $475 El Permit Transfer - $100 I II(B) Public or commercial w/ D&F to 1 El Express Permit - $2000 acre; 3490 can be applied - $400 11 Major development extension request - C1 It. Public or commercial/no dredge and/or fill $100 -$400 I. Private no dredge and/or fill - $250 lll(C) Priv. public or comm w ID&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 INC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant Carteret County Date: 6/22/2020 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One excavation New Work Replace 6,750 30'-50' -6 Maint ❑ ❑ Y ®N Excavation New Work Replace 6,200 30'-50' 5 Maint ❑ ❑ Y ®N excavation New Work Replace 6,000 20 30 -4 miw+.5to - Maint ❑ ❑ Y ❑ N 5mlw+1 New Work 0 Replace Maint ® ❑ Y ® N New Work 14 Replace Maint ❑ ❑ Y ON New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint 0 ❑ Y ❑ N Applicant: Carteret County Date: 6/22/2020 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 tem im cls 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 Shallow Bottom Dredge ® Fill ❑ Both ❑ Other ❑ 38,733 38,733 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 ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Heather M. From: paxon holz <paxonh_nc@hotmail.com> Sent: Thursday, January 23, 2020 6:41 PM To: Styron, Heather M. Cc: paxonhoffice@ymail.com Subject: Re: [External] Dredge Project of the Old Ferry Channel and Deer Creek Dear Heather, Will an email suffice? I have no objections, I just want the contractor to use the Green Recycling Solutions wattles around the spoil on the locations 1 am allowing the county to use. The wattles are reputed to be a "cost effective, environmentally friendly erosion and stormwater control solution." I do not want to hold up the project, but I had to bring to the attention of the engineers that the address for the spoil site on Live Oak Drive on the letter I signed was for the "Penthouse" since that is the only structure on the property I own on Live Oak Drive, but that is not where the spoil is to be deposited. Sorry I did not catch that.. I believe some earlier 911 maps showed only that address, and that of the Harboriight Bed & Breakfast, with no regard to vacant lots on either side, or across the street. Now some of the vacant property has addresses, but they do not line up with the new preliminary subdivision maps. The original lots in that area are recorded on Mapbook 5, page 65, Carteret County Registry, but the lots in that block are 50' wide, with most being 150' deep, and the zoning later imposed by the Town of Cape Carteret in the R-10 zone requires 15,000 square feet for a dwelling if more than two lots are owned by the same owner, as mine are. So at some point I will recombine the lots to conform to the zoning, though that may not be for some time. I am fine with the contractor selected by the county depositing spoil on either side of the boat ramp that exists on Live Oak Drive, since those lots do not "perc" anyway, but I certainly do not want them to put any in the vicinity of the Penthouse. The other spoil site I am allowing them to use is on Highway 24, between Bayshore Drive and Lejeune Drive. Manatee Investments Limited Partnership owns all the lots fronting Highway 24 between those roads, although they were acquired by different deeds, at different times. On the 911 map I have the address is shown for the corner of NC 24 and Lejeune Drive as 916 WB McLean Blvd, and as 920 WB McLean Blvd for the corner of NC 24 and Bayshore Drive. There was a recombination of these lots with others. Cape Carteret zoning requires a minimum of 20,000 square feet for use as commercial property, which is what the zoning is for these lots. I want to be clear that the county or their agent is responsible for obeying all the rules, and I am not gaining any particular advantage in allowing spoil to be deposited on my property, except to benefit the boating public, either residents of Cape Carteret, or visitors. I no longer even have a boat! But I am very much in favor of this project, and thank the Carteret County Commissioners for undertaking it, which will serve as a primary recreational navigation access, not only for Cape Carteret, but for many Emerald Isle residents and visitors. Thank you for allowing me to comment, and I will be in touch with you about a meeting at your convenience. Yours, truly, Paxon McLean Holz & Manatee Investments Limited Partnership Sent from Outlook From: Styron, Heather M. <heather.m.styron@ncdenr.gov> Sent: Thursday, January 23, 2020 4:40 PM To: paxon holz <paxonh_nc@hotmail.com> Subject: RE: [External] Dredge Project of the Old Ferry Channel and Deer Creek Hey Paxon, We certainly can meet and discuss this. I also want to let you know to please put any concerns or objections in writing and get those to me as soon as you can. I am only available at any time on Monday 1/27/2020 and Thursday 1/30/2020 any time after 2. Will either of these days work and what time is good for you? Thanks, Heather From: paxon holz [mailto:paxonh_nc@hotmail.com] Sent: Wednesday, January 22, 2020 3:22 PM To: Styron, Heather M. <heather.m.styron@ncdenr.gov> Cc: paxonhoffice@ymail.com Subject: Re: [External] Dredge Project of the Old Ferry Channel and Deer Creek Thank you, Heather. I would still very much like to meet with you at your convenience, either here or there. I can easily come in to Morehead City one afternoon, and we can talk and look at maps and what the engineers have submitted. I heard from Jimmy Lawrence, one of the group that bought the boat ramp property from John McLean on Bayshore Drive, that he knows nothing about any "Material Offloading Site" as indicated on the second, eight page letter that was forwarded to me by another property owner. He is going to send a copy of what I gave him to the partner who is in charge of the group's property. I want to specify a "green" product for my spoil sites, instead of the traditional silt fence, and want to be sure it meets with your approval. I learned of it from Melissa Miller, with Green Recycling Solutions. She is going to use it on Bill and Susan Stewart's property on Pettiford Creek in the Star Hill subdivision, adjacent to one of my lots, with my enthusiastic cooperation, and also the NC Coastal Federation. Let me know when is convenient for you, please. No emergency, I just want to meet with you before the deadline for public comment. Yours, Paxon Paxon McLean Holz Sent. from Outlook From: Styron, Heather M. <heather.m.stvron@ncdenr.gov> Sent: Wednesday, January 22, 202010:00 AM To: paxon holz <paxonh ncCdhctmail.com> Subject: RE: [External] Dredge Project of the Old Ferry Channel and Deer Creek Good Morning Paxon, I have been out of the office until today so I apologize for not responding until now. 1 will contact the agent for this and make them aware they have the wrong address for the spoil disposal. The application has not been accepted as complete yet due to waiting for more required information. Thanks, Heather From: paxon holz Imailto:paxonh ncfa)hotmail coml Sent: Monday, January 20, 2020 4:00 PM To: Styron, Heather M. <heather.m.stvronCe7ncdenr.eov> Subject: [External] Dredge Project of the Old Ferry Channel and Deer Creek Dear Heather: I am very anxious to speak to you about the project proposed by Carteret County in the Cape Carteret area. I am very much in favor of this project for the use and enjoyment of the boating community in Cape Carteret. Although I no longer even own a boat, I recognize the benefit to those who do, residents and visitors alike, who use Bogue Sound where allowed by sufficient depth. The first letter which I received is not dated. It incorrectly lists the address of 328 Live Oak Drive as one of the spoil areas. That happens to be the address of the "Penthouse" and is NOT an area offered to Carteret County for the deposit of spoils from this project. The second letter, of eight pages, contains more information about the project, but it also is not dated. It was forwarded tome by C.L. Braxton.. The second letter shows a material offloading site which needs to be confirmed, and uses the 328 address incorrectly as well. I am leaving the office shortly for an appointment and cannot be reached by phone, but I would like to schedule a time with you, either over the telephone, in your office in Morehead City, or onsite in Cape Carteret. Whatever is most convenient for you will be appreciated. yours, truly, Paxon Sent from Outlook W . _ , Styron, Heather M. From: paxon holz <paxonh_nc@hotmail.com> Sent: Thursday, January 23, 2020 6:41 PM To: Styron, Heather M. Cc: paxonhoffice@ymail.com Subject: Re: [External] Dredge Project of the Old Ferry Channel and Deer Creek Dear Heather, Will an email suffice? I have no objections, [just want the contractor to use the Green Recycling Solutions wattles around the spoil on the locations I am allowing the county to use. The wattles are reputed to be a "cost effective, environmentally friendly erosion and stormwater control solution." I do not want to hold up the project, but I had to bring to the attention of the engineers that the address for the spoil site on Live Oak Drive on the letter I signed was for the "Penthouse" since that is the only structure on the property I own on Live Oak Drive, but that is not where the spoil is to be deposited. Sorry I did not catch that. I believe some earlier 911 maps showed only that address, and that of the Harborlight Bed & Breakfast, with no regard to vacant lots on either side, or across the street. Now some of the vacant property has addresses, but they do not line up with the new preliminary subdivision maps. The original lots in that area are recorded on Mapbook 5, page 65, Carteret County Registry, but the lots in that block are 50' wide, with most being 150' deep, and the zoning later imposed by the Town of Cape Carteret in the R-10 zone requires 15,000 square feet for a dwelling if more than two lots are owned by the same owner, as mine are. So at some point I will recombine the lots to conform to the zoning, though that may not be for some time. I am fine with the contractor selected by the county depositing spoil on either side of the boat ramp that exists on Live Oak Drive, since those lots do not "perc" anyway, but I certainly do not want them to put any in the vicinity of the Penthouse. The other spoil site I am allowing them to use is on Highway 24, between Bayshore Drive and Lejeune Drive. Manatee Investments Limited Partnership owns all the lots fronting Highway 24 between those roads, although they were acquired by different deeds, at different times. On the 911 map I have the address is shown for the corner of NC 24 and Lejeune Drive as 916 WB McLean Blvd, and as 920 WB McLean Blvd for the corner of NC 24 and Bayshore Drive. There was a recombination of these lots with others. Cape Carteret zoning requires a minimum of 20,000 square feet for use as commercial property, which is what the zoning is for these lots. I want to be clear that the county or their agent is responsible for obeying all the rules, and I am not gaining any particular advantage in allowing spoil to be deposited on my property, except to benefit the boating public, either residents of Cape Carteret, or visitors. I no longer even have a boat! But I am very much in favor of this project, and thank the Carteret County Commissioners for undertaking it, which will serve as a primary recreational navigation access, not only for Cape Carteret, but for many Emerald Isle residents and visitors. Thank you for allowing me to comment, and I will be in touch with you about a meeting at your convenience. - Yours, truly, o: 1i Faxon McLean Holz & Manatee Investments Limited Partnership Sent from Outlook From: Styron, Heather M. <heather.m.styron@ncdenr.gov> Sent: Thursday, January 23, 2020 4:40 PM To: paxon holz <paxonh_nc@hotmail.com> Subject: RE: [External] Dredge Project of the Old Ferry Channel and Deer Creek Hey Paxon, We certainly can meet and.discuss this. I also want to let you know to please put any concerns or objections in writing and get those to me as soon as you can. I am only available at any time on Monday 1/27/2020 and Thursday 1/30/2020 any time after 2. Will either of these days work and what time is good for you? Thanks, Heather From: paxon holz [mailto:paxonh_nc@hotmail.com] Sent: Wednesday, January 22, 2020 3:22 PM To: Styron, Heather M. <heather.m.styron@ncdenr.gov> Cc: paxonhoffice@ymail.com Subject: Re: [External] Dredge Project of the Old Ferry Channel,and Deer Creek Thank you, Heather. I would still very much like to meet with you at your convenience, either here or there. I can easily come in to Morehead City one afternoon, and we can talk and look at maps and what the engineers have submitted. I heard from Jimmy Lawrence, one of the group that bought the boat ramp property from John McLean on Bayshore Drive, that he knows nothing about any "Material Offloading Site" as indicated on the second, eight page letter that was forwarded to me by another property owner. He is going to send a. copy of what I gave him to the partner who is in charge of the group's property. I want to specify a "green" product for my spoil sites, instead of the traditional silt fence, and want to be sure it meets with your approval. I learned of it from Melissa Miller, with Green Recycling Solutions. She is going to use it on Bill and Susan Stewart's property on Pettiford Creek in the Star Hill subdivision, adjacent to one of my lots, with my enthusiastic cooperation, and also the NC Coastal Federation. Let me know when is convenient for you, please. No emergency, I just want to meet with you before the deadline for public comment. Yours, Faxon Paxon McLean Holz Sent. from Outlook .3 From: Styron, Heather M. <heather.m.styron@ncdenr.gov> Sent: Wednesday, January 22, 2020 10:00 AM To: paxon holz <paxonh nc@hotmail.com> Subject: RE: [External] Dredge Project of the Old Ferry Channel and Deer Creek Good Morning Faxon, I have been out of the office until today so I apologize for not responding until now. I will contact the agent for this and make them aware they have the wrong address for the spoil disposal. The application has not been accepted as complete yet due to waiting for more required information. Thanks, Heather From: paxon holz [mailto:paxonh nc@hotmail.coml Sent: Monday, January 20, 2020 4:00 PM To: Styron, Heather M. <heather.m.styron Cc) ncdenr.gov> Subject: [External] Dredge Project of the Old Ferry Channel and Deer Creek Dear Heather: I am very anxious to speak to you about the project proposed by Carteret County in the Cape Carteret area. I am very much in favor of this project for the use and enjoyment of the boating community in Cape Carteret. Although I no longer even own a boat, l recognize the benefit to those who do, residents and visitors alike, who use Bogue Sound where allowed by sufficient depth. The first letter which I received is not dated. It incorrectly lists the address of 328 Live Oak Drive as one of the spoil areas. That happens to be the address of the "Penthouse" and is NOT an area offered to Carteret County for the deposit of spoils from this project. The second letter, of eight pages, contains more information about the project, but it also is not dated. It was forwarded tome by C.L. Braxton.. The second letter shows a material offloading site which needs to be confirmed, and uses the 328 address incorrectly as well. I am leaving the office shortly for an appointment and cannot be reached by phone, but I would like to schedule a time with you, either over the telephone, in your office in Morehead City, or onsite in Cape Carteret. Whatever is most convenient for you will be appreciated. yours, truly, Paxon Sent from Outlook ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Carteret News Times PO Box 1679 Morehead City, NC 28557 NORTH CAROLINA Environmental Quality June 22, 2020 Re: Public Notice - Carteret County "Old Ferry Channel and Deer Creek maintenance excavation", Cape Carteret, Carteret County Dear Sir: Please publish the attached Notice in the 6/28/2020 issue of the Carteret News Times. The State Office of Budget and Management requires 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, HEATHER M. STMON Heather M. Styron Coastal Management Representative m,memuu�ammm�mmm,� /'� North Carolina Department of Environmental Quality I Divislon of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was submitted and accepted as complete on 5/12/2020. According to said application, Carteret County is proposing to maintenance excavate within the Old Ferry Channel and Deer Creek in Cape Carteret, NC. A copy of the entire application may be examined or copied at the office of Heather Styron, 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 7/18/2020, 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 PUBLISH ON: 6/28/2020 North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252808.2808 ROYCOOPER Governor MICHAEL S. REGAN Secretary BRAXTDN C. DAVIS Director June 22,2020 Carteret County C/o Moffatt and Nichol 272 N. Front St. Suite 204 Wihnington, NC 28401 Dear Sirs: NORTH CAROLINA Environmental Quality The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your project at the Old Ferry Channel and Deer Creek in Cape Carteret, Carteret County. The application was received as complete on 5/12/2020, and appears to be adequate for processing at this time. The projected deadline for making a decision is 7/26/2020. An additional 75day 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 5/12/2020, 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. Sincerely, Heather M. Styron Coastal Management Representative 4�� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 (c; N0T1(01$1?aA � CAMA PERMIT PROJECT: Maintenance Dredging within Old Ferry Channel and Deer Creek. COMMENTS ACCEPTED THROUGH ✓uly 18, 2020 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Carteret County Heather Styron - DCM c/o Moffat and Nichol 400 Commerce Avenue 272 N. Front Street, Suite 204 Morehead City, NC 28557 Wilmington, NC 28401 (252)808-2808 CQ Carteret County Shallow Draft Navigation Waterways Old Ferry Channel & Deer Creek Maintenance Dredging Project Narrative Carteret County intends to maintenance dredge the navigation systems referenced as Old Ferry Channel and Deer Creek adjoining Bogue Sound in Cape Carteret. The dredging operations will help enhance recreational navigation access for residents and visitors in Cape Carteret and Emerald Isle to the Atlantic Intracoastal Waterway(AIWW). The Old Ferry Channel spans approximately 6,750 linear feet (If) (1.3 miles) across the AIWW to connect the townships of Cape Carteret and Emerald Isle. The channel supported a ferry operation from 1961 to 1971, until the B. Cameron Langston Bridge, otherwise known as the Emerald Isle Bridge, was constructed. Since 1971, the Old Ferry Channel has served as a primary recreational navigation access for the Cape Carteret boating community. The proposed work stipulates the first known maintenance event for the Old Ferry Channel since the original construction by W.B. McLean as a developmental action for Cape Carteret. Deer Creek includes a system of navigation channels facilitating access to multiple residential areas in Cape Carteret. The Deer Creek system covers approximately 12,200 If (2.3 miles) inclusive of a connection to the Old Ferry Channel. Deer Creek provides recreational navigation access to five (5) separate residential areas containing an estimated 18,300 If (3.5 miles) of shoreline. Maintenance dredging occurred in sections of Deer Creek in 2001 and 2007, although the records do not indicate maintenance ever occurred throughout the entire system. Figure 1 below shows the proposed Old Ferry Channel and Deer Creek maintenance areas. Figure 1.Old Ferry Channel and Deer Creek Maintenance Dredge Areas Carteret County Shallow Draft Navigation Waterways Old Ferry Channel and Deer Creek Maintenance Dredging Project Narrative Construction Methodoloav Page 2 of 8 The proposed maintenance dredging project will restore the Old Ferry Channel to a 50-ft width at -7-ft (- 6+1) MLW with 3H:1 V side slopes. Although the main alignment of the Old Ferry Channel maintains the 50-ft width, both the Cape Carteret and Emerald Isle inaugural sections begin with a 30-ft width to help minimize potential shoreline impacts. The dredging project will remove approximately 9,675 cubic yards (CY) of fine grained sand and silt from the shoaled areas of the Old Ferry Channel. A clamshell or excavator type dredge will remove the spoil material for placement in an upland site. The dredge spoil will be placed on a floating barge or bin for transport from the dredge area to a material transfer site on Cape Carteret. At the transfer site, material will be `transferred' from the floating barge to dump trucks (or other hauling equipment) for hauling to one of three (3) placement sites. Tab E (Permit Drawings) shows the proposed Old Ferry Channel dredge area, the material transfer site, and the upland material placement sites in Cape Carteret. The material transfer site is located at 314 Live Oak Drive and the material placement sites are located at 312, 314, & 324 Live Oak Drive (1 site), 307 Bayshore Drive, and 916 WB McLean Drive (Hwy 24). Tab F (Consent of Use Agreements) provides the consent of use agreements for the transfer site and placement of the dredge material at each of the three (3) respective placement sites. Tab E (Permit Drawings) also shows the proposed dredge footprints for the Deer Creek channel segments. Deer Creek consists of four (4) branches and a connecting channel extending from the Old Ferry Channel. The project will remove a maximum of 29,058 CY from the Deer Creek system. The connecting channel originates from a 150-ft widener positioned along the northern segment of the Old Ferry Channel. The widener begins with an approximate 300-ft width and narrows to a 50-ft width over a 150-ft length. The connecting channel then extends approximately 2,000 If at -6-ft (-5+1) MLW to the main branch of Deer Creek. The main branch extends in both a north and south direction with a 30-ft width at -6-ft (-5+1) MLW. The northern extension covers approximately 500-ft before diverting to the northwest and branching again to School House Creek (also referenced as Rocky Run). Both the Deer Creek (North) and School House Creek continue with a 20-ft width at -4.5-ft (4 +0.5) MLW. These channels have a decreased navigation space available within the residential areas of Deer Creek due to lower anticipated vessel density. The Deer Creek (North) channel continues in a northwest direction for approximately 2,200 If to reach the terminus near Yaupon Drive and Highway 24 in Cape Carteret. School House Creek also extends approximately 2,200 if and terminates at Highway 24. The southern extension of the main Deer Creek channel, referenced as Deer Creek (South), increases from the 30-ft width identified at the confluence with the connecting channel to the Old Ferry Channel, to a 50- ft width approximately 3001f from the confluence area. A west branch originates where the main channel expands to a 50-ft width. This branch, referenced as Deer Creek (West), extends approximately 1,100 If with a 20-ft width at -4.5-ft (4 +0.5) MLW to the terminus at Yaupon Road. Deer Creek (South) continues from the branch point with a 50-ft width at -6-ft (-5+1) MLW for approximately 3,750 If to a deep -water path in Bogue Sound that accesses the AIWW. Deer Creek (South) follows the Cape Carteret shoreline near Hunting Island and makes a western directional turn towards the Emerald Isle Bridge. Deer Creek (South) then merges with the deep -water path which adjoins the AIWW. The increased width for Deer Creek (South) provides additional maneuverability for vessel traffic anticipated from the AIWW. As the multiple Deer Creek channels access predominately residential canals, the widths decrease in expectations of slower navigation speeds and vessel density. Table I provides the design standards for both the Deer Creek and Old Ferry Channel navigational systems. Both the Deer Creek and Old Ferry Channel maintenance operations will utilize the three (3) material placement sites and one (1) transfer site located at the Cape Carteret terminus of the Old Ferry Channel. Erosion control structures, such as silt fencing, biodegradable wattles, and earthen berms, will be Carteret County Shallow Draft Navigation Waterways Old Ferry Channel and Deer Creek Maintenance Dredging Project Narrative Page 3 of 8 implemented and maintained until vegetation cover establishes enough to stabilize the placed material. Material may be placed in the designated facilities up to six (6-ft) feet above the pre -construction grade for either site. However, the final grading for each site will provide a steepest slope of 3H:1V for slope stabilization. In addition, the sites will be smooth graded to discourage water ponding. Figure 2 shows the referenced material transfer site and the three (3) placement areas for the Old Ferry Channel and Deer Creek maintenance operations. Table 1. Old Ferry Channel and Deer Creek Design Elements Channel Depth Width (ft) Length (ft) Side Slopes Volume W-ft H:V C Old Ferry Channel -7 (-6+1) 50-ft 30-11 6 0-ft ft 3:1 9,675 Deer Creek {(_5+1) 50.ft 2,150ft 3a 10,372 Connecting Channel Deer Creek (North) -6 (-5+1) 30-ft 500-ft 3:1 4,984 Main Channel -4.5 -4+0.5 20-ft 2,200-ft Deer Creek (South) 6 (-5+1) 30-ft 300-ft 3:1 1Q882 Main Channel 50-ft 3 750-ft School House Creek -4.5 (4 +0.5) 20-ft 2,200-ft 3:1 689 Deer Creek -4.5 (4 +0.5) 20-ft 1,100-ft 3:1 2,131 West Branch Figure 2. Old Ferry Channel & Deer Creek Material Transfer Site and Placement Facilities Carteret County Shallow Draft Navigation Waterways Old Ferry Channel and Deer Creek Maintenance Dredging Project Narrative Page 4 of 8 The volumetric calculations stem from a hydrographic survey Carteret County conducted in August 2018. Tab G (Hydrographic Survey) shows a color -coded depiction of the reference survey. The survey shows several `hotspots' or shoaled areas in the Old Ferry Channel and Deer Creek system. The shoaled areas reflect a red or yellow color and indicate elevations approaching 0 MLLW (-0.15 MLW)t. The shoaled areas will be prioritized during the maintenance event to minimize dredging costs and potential impacts. Carteret County most likely will not dredge the complete navigational system as described due to budget limitations. However, Carteret County requests authorization to dredge the full footprint, as described for the Old Ferry Channel and Deer Creek, in the event additional funds become available in out -year budgets. 'Obtaining and preserving the appropriate state and federal authorizations through one permitting process, for the complete Old Ferry Channel and Deer Creek system, provides a future potential cost savings by avoiding multiple permit submittals. Carteret County will also limit the construction activities to daytime hours between November 16' and March 31". Limiting the construction timeframe to the cooler winter months will reduce the injury risk to potential migrating species such as West Indian manatee, and juvenile fish species. Scheduling the work in the winter months will also reduce the potential risk of injuring or harassing sea turtles, which generally show a greater presence density in the summer months. The dredging will also maintain a 10-ft buffer from aquatic vegetation such as marsh grass or vegetated wetlands. Implementing the buffer will help minimize the potential for the channel side slopes to erode the vegetation through tidal scour or boat wake impacts. Carteret County also acknowledges the potential existence of oyster habitat within School House Creek. In order to minimize the potential impacts to oyster in this area, Carteret County will conduct an oyster relocation prior to dredging School House Creek. Carteret County will coordinate with the N.C. Division of Marine Fisheries (DMF) during the develop and implementation of the oyster relocation plan. Carteret County will also provide the N.C. Division of Coastal Management (DCM) with notice of satisfactory completion of the relocation efforts from DMF, prior to initiating dredging activities in School House Creek. Previous Permits As referenced above, the proposed work will be the first known maintenance dredging event for the Old Ferry Channel since the original construction in 1961. W. B. McLean conducted the original dredging to promote ferry travel between Cape Carteret and Emerald Isle'. Subsequently, North Carolina operated a ferry service through the navigation channel until 1971, when the B. Cameron Langston Bridge replaced the ferry service as the primary access between Emerald Isle and Cape Carteret. The Old Ferry Channel has maintained navigation depth, presumably due to the boating traffic and tidal currents helping to flush shoaled sediment from the waterway. The original construction also did not fall under permit review. The original dredging occurred prior to 1972 and the enactment of the North Carolina Dredge and Fill Law and the federal Coastal Zone Management Act. Portions of the Deer Creek system have been previously maintained. Tab H (Previous Permits) contains records of maintenance events proposed during 2001 and 2007. The previous permits concentrate on localized shoaling within the residential neighborhoods of Deer Creek and do not encompass the complete recreational navigable system. However, the current proposal stems from the previous maintenance attempts and concentrates on minimizing potential dredging impacts. The previous dredging projects allowed excavation to -4-ft Normal Water Level (NWL) and the current plan limits dredging to 4.5-11 (4 1 Datum's reference benchmark sheets established for NOAA station 9656483, Beaufort, Duke Marine Lab 1 Cape Carteret (2019). History of the Town of Cape Carteret, NC. URL www.townofcai)emewt.orc/town-history.html (visited 2019, September 25). Carteret County Shallow Draft Navigation Waterways Old Ferry Channel and Deer Creek Maintenance Dredging Project Narrative Page 5 of 8 +0.5) MLW. Accounting for the elevation difference between NWL and MLW (0.17-ft), the current plan extends the dredging depth approximately 0.67-ft below the previously authorized dimensions to provide a minimal (0.5-ft) overdredge allowance and a 0.17-ft conversion to the NEW datum. The overdredge allowance provides additional workspace for the contractor to help prevent excavation below the authorized limits. Sediment Composition Sediment analysis results indicate silty and fine grain sands comprise a large percentage of Old Ferry Channel and Deer Creek. As a result, the material most likely does not meet state standards for beach placement as beneficial reuse. Tab I (Sediment Analysis) shows the complete sediment composition for the samples collected for Old Ferry Channel and the Deer Creek system. For reference, Table 2 and Table 3 provide a summary of each dredge area and Figure 3 shows the sediment sample locations in planview. Table 2. Sediment Analysis for Old Ferry Channel ' Sediment Classification" %b weight) . Sample a /o Gravel - , Granular /o Sand /o Fines OFC-01 - - - - OFC-02 0.44 0.38 83.79 15.39 OFC-03 0.00 0.03 94.21 5.77 OFC-04 0.13 0.31 78.95 20.61 OFC-05 0.22 0.01 96.00 3.77 OFC-06 0.63 0.63 83.54 15.19 OFC-07 1.20 0.20 94.30 4.31 OFC-08 ° ` 21.07 2.13 52.87 23.94 OFC-09 - - - - OFC-10 . 0.00 0.03 29.23 70.75 OFC-11 " - - - - OFC-12 0.12 0.58 58.48 40.83 OFC-13 0.00 0.07 82.79 17.14 Composite 1 2.38 0.44' 75.42 21.77 Notes: Sediment Classification determined in accordance with 15A NCAC 07H.0312 (1) e. (-) indicates the sample depth was below the max. (deepest) dredge elevation. Composite characteristics determined by simply arithmetic mean. Table 3. Sediment Analysis for Deer Creek Sediment Classification: %o b wei hta Sample o /o Gravel /o Granular /o Sand /o Fines' -DC-01 0.31 0.41 70.19 29.09 DC-02' 0.96 0.56 64.67 33.81 DC-03 0.00 0.18 19.28 80.54 DC-04 - - - DC-05 0.36 1.16 83.67 14.81 DC-06 0.90 1.58 72.51 25.01 DC-07 0.00 0.01 96.92 3.07 DC-08 ` - 2.52 0.25 95.28 1.95 DC-09 17.33 2.18 61.59 18.91 Composite 2.80 0.79 70.51 25.90 Notes: Sediment Classification determined in accordance with 15A NCAC 07H.0312 (1) C. (-) indicates the sample depth was below the max. (deepest) dredge elevation. Composite characteristics determined by simply arithmetic mean. Carteret County Shallow Draft Navigation Waterways Old Ferry Channel and Deer Creek Maintenance Dredging Project Narrative Figure 3.Old Ferry Channel & Deer Creek Sediment Sample Locations (Not To Scale) Paec 6 of R Carteret County Shallow Draft Navigation Waterways Old Ferry Channel and Deer Creek Maintenance Dredging Project Narrative Page 7 of 8 Table 2 and Table 3 indicate approximately 25% of the dredge material consists of silty sands. Although the project did not evaluate a native beach for comparison, generally any site with greater than 10% fines will not meet North Carolina state criteria for beach placement. Carteret County also understands the financial burden and economic cost of transferring the dredge material via truck haul to a nearby beach, assuming the material could satisfy the NC requirements for beneficial reuse placement. Therefore, Carteret County refrained from exploring if the material would be appropriate as beneficial reuse based on the sediment results and general knowledge of sand quality at the nearby beaches and overall cost implications. Summary Carteret County requests authorization to maintenance dredge.the Old Ferry Channel and the Deer Creek waterways in efforts to enhance recreational navigation access for residents and visitors of Cape Carteret and Emerald Isle. The proposed project will improve navigation access through the Old Ferry Channel to the AIWW from both Cape Carteret and Emerald Isle. The Old Ferry Channel has served as a recreational navigation throughway for both communities since the 1971 construction of the B. Cameron Langston Bridge. The bridge construction reduced the need for a state operated ferry system to provide the primary travel option between Emerald Isle and Cape Carteret. As the ferry system became less used, Old Ferry Channel became a recreational asset for providing navigational access for local boaters in Cape Carteret and Emerald Isle to the AIWW. Old Ferry Channel extends approximately 6,7501f (1.3 miles) to connect Emerald Isle with Cape Carteret. The waterway also crosses the AIWW in Bogue Sound to provide navigable access to deep -water. The maintenance project will remove a maximum of approximately 9,675 CY from the Old Ferry Channel alignment. The excavation will occur down to a maximum (deepest) elevation of -7-ft (-6+1) MLW over an approximate 50-ft channel width. The Old Ferry Channel alignment narrows from the 50-ft width to 30- ft at both the Emerald Isle and Cape Carteret terminus. The change in width occurs in response to slower vessel speeds anticipated within the mooring areas and to help limit potential dredging impacts. The proposed maintenance will help improve navigation depths through the residential community adjoining the Deer Creek system. Deer Creek consist of four (4) branches extending from a connecting channel that originates at the Old Ferry Channel. The complete Deer Creek system extends approximately 12,200 if (2.3 miles) and contains approximately 29,058 CY of shoaled material. Maintenance operations will dredge to a maximum (deepest) elevation of -6-ft (-5+1) NEW in the main channels and -4.5-ft (-4 +0.5) ML W in the residential canal areas. The channel widths vary from 50-ft wide in the main channel segments to 20-ft wide in the residential portions. The varying design dimensions stem from the vessel traffic density anticipated within each navigable waterway. Records indicate this will be the first documented maintenance event for Old Ferry Channel since the original construction in 1961. However, portions of the Deer Creek system have incurred at least two (2) prior maintenance events. The proposed action will be the first to encapsulate the full extents of the Deer Creek system and will help provide a documented channel alignment for future maintenance events. Due to available funding, actions remain unlikely to remove the complete dredge volume proposed for the maintenance event. However, obtaining the necessary permits and authorizations under the current efforts will assist the County in future maintenance operations by defining a channel alignment and operational plan. The sediment placement plan provides three (3) dredge material placement facilities. The dredge material composition most likely falls below the necessary standards for beneficial reuse; and therefore, will be placed in upland facilities. The proposed placement facilities cover approximately 2.2 acres and material will not be placed higher than six (6) feet above pre -construction conditions in either site. Expectations Carteret County Shallow Draft Navigation Waterways Old Ferry Channel and Deer Creek Maintenance Dredging Project Narrative Page 8 of 8 suggest the project will not remove a significantly greater volume than the available capacity can maintain. However, if additional financial resources become available a greater volume may be removed. In this event, material will be stockpiled for dewatering in the placement facilities and removed prior to raising either site more than 6-ft above the existing elevations. Dewatered material will be truck hauled to a landfill facility to create or restore capacity for the additional material. Material remaining in the placement facilities will be smooth graded to discourage water ponding and will also be graded at a maximum slope - of 3H-1 V for slope stability. Erosion control structures, such as silt fencing, biodegradable wattles, and earthen berms, will be implemented and maintained until vegetation cover establishes enough to stabilize the placed material. The maintenance project will occur during the winter months of November 16'h through March 31". Constricting the construction to this period will help reduce the potential for environmental impacts. The dredging operations will also maintain a 10-ft buffer from wetland vegetation. Implementing the buffer will help minimize the potential for the channel side slopes to erode the vegetation through tidal scour or boat wake impacts. The County will also relocate potential oyster habitat in School House Creek, prior to dredging activities occurring in the referenced waterway. These considerations coupled with the channel design should provide a reasonable and environmentally acceptable enhancement to the navigation systems within the Old Ferry Channel and Deer Creek systems. ROY COOPER Govemor MICHAEL S. REGAN secretary BRAXTON DAVIS Dimclor, Division of('mulal Management June 9, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) oreaa.bodnarCdtncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Carteret County Project Location: Old Ferry Channel & Deer Creek, Carteret County Proposed Project: Maintenance Dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greua Bodnar at the address above by July 20, 2020. If you have any questions regarding the proposed project, contact Heather Styron (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 NAME 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 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 • DCM Coordinator: Gregg Bodnar Applicant: Distributed Yes® No ❑ Distribution Date: J I gq(x AGENCY WIRO WARO LPO Rachel Love Adrick MHC / Rachel Love Adrick Washingon DCM Planner Mike Christenbury Wilmington Charlan Owens Eliz City US COE: Liz Hair 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) US COE (NC DOT) (Brunswick, New Hanover) DOT -Tom Steffan —(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 Padricll (Beaufort Carteret Craven City, Pamlico, Washington) Eliz City, Pamlico, Washington Cultural Resources Renee Gledhill -Earley Renee Gledhill -Earley Div. of Water Infrastructure Heidi Cox Clif Whitfield Marine Fisheries Anne 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 (NC DOT) Kristy Lynn Carpenter Kristy Lynn Carpenter DEMLR Sediment & Erosion Dan Sams Sami Dumpor Storm water Christine Hail Roger Thorpe DWR 401 Robb 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 (WAR01 Maria Dunn (waRO) WRC (NC DOT) Travis Wilson Travis Wilson Rodney Bulter Natural Heritage Program Rodney Buster D:\Amanda\Amanda\Major Permit Processing\2020 Admin forms\Major Comment Distribution Sheet 2020.docx Revised: 5/7/2019 D u RM Mr-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) Carteret County Old Ferry Channel & Deer Creek Maintenance Dredging Applicant 1: First Name MI Last Name Tommy Bums Applicant 2: First Name MI Last Name Greg Rudolph If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 302 Courthouse Square Beaufort NC ZIP Country Phone No. FAX No. 28516 us 252-222-5835 ext. 252-222-5826 Street Address (d different from above) City State ZIP Email grudolph@carteretcountync.gov 2. AgentContractor Information Business Name Moffatt & Nichol Agent/ Contractor 1: First Name MI Last Name Robert Neal Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 272 N. Front Street, Suite 204 Wilmington NC ZIP Phone No. 1 Phone No. 2 28401 910 - 218 - 7100 ext. ext. FAX No. Contractor # 919 781 4869 Street Address (d different from above) City State ZIP Email rneal@moffattnichol.com <Folm continues on back> 252-808-2808 :: 1-888-4RCOAST :: www. nccoastal management. net Dorm DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret 307 Bayshore Drive Subdivision Name City State Zip N/A Cape Carteret NC 28584 - Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. I I I , a. In which NC dver basin is the project located? b. Name of body of water nearest to proposed project White Oak River Basin Bogue Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Bogue Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Carteret County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 18,300 ft 30.7 Ac - Maintenance channels 2.2 Ac - Material Placement sites c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 0.6 Ac (916 WB McLean Drive); 1.0 Ac (312, 314, NWL (normal water level) & 324 Live Oak Drive); 0.6 Ac (307 Bayshore Drive). N/A ❑NHW or ❑NWL e. Vegetation on tract No submerged vegetation has been identified in the maintenance dredging area. In addition, the dredging will maintain a 10-ft buffer from any marsh vegetation or coastal grasses. f. Man-made features and uses now on tract Fixed and floating docks, along with bulkheads and other shoreline control structures. g. Identify and describe the existing land uses adiacent to the proposed project site. Residential and undeveloped land located adajcent to the navigation channel. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? rile (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes NNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo ❑NA National Register listed or eligible property? <Form continues on next page> 252-808-2808 :: 7-888-4RCOAST :: www.nccoastaimanagement.net form DCM MP-1 (Page 3 of 4) 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 (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentafion, if 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. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commemlal SPublldGovemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Deer Creek and Old Ferry Channel provide recreational navigation access to the AIW W and Bogue Sound from Cape Carteret and Emerald Isle. 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. Mechanical dredging equipment entailing a bucket to barge operation. Dredge spoil will be excavated and placed in a hopper barge and transported to the offloading site. The material will then be transferred to a dump truck for hauling to a placement area. d. List all development activities you propose. Maintenance dredging in Old Ferry Channel and Deer Creek in Carteret County, NC. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 31.9 ❑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. Small quantities of dredge effluent can be expected to run-off from the work barge during material transport, otherwise the effluent will be contained within the hauling equipment. Berms and silt fencing will contain the sediment in the end use placement facilities. I. Will wastewater or stormwater be discharged into a wetland? []Yes ®No .❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ®NA j. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 252.808-2808 :: 1-888.4RCOAST :: wwwr.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 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 booklet on howto properly 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 stale 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. I. 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 - See Attached Tab J - Riparian Property Owners Phone No. i Address Name Phone No. Address } Name - Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. See Attached Tab H - Pervious Permits h. Signed consultant or agent authorization forth, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properly owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. I I3A 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. 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 May 01, 2020 Print Name Greg'Rudi' Rudolph Signature V 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 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net September 19, 2019 NC Division of Coastal Management 400 Commerce Drive Morehead City, NC 28557 RE: Old Ferry Channel & Deer Creek Maintenance Dredging — Agent Authorization To Whom It May Concern: Please be advised, the Carteret County Board of County Commission has designated Moffatt & Nichol as an Authorized Agent for the above referenced project. The authorization entails (and is limited too) efforts necessary to acquire state and federal permits for the maintenance dredging of Old Ferry Channel and the Deer Creek system. Sincerely, 5 / A- Z reg "Rudi" Rudolph Shore Protection Manager Carteret County Shore Protection Office 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. Old Ferry Channel Deer Creek Deer Creek Rock Other (excluding (Access (Access (Residential Boat Ramp Rock Groin Breakwater shoreline Channel) Channel) Canal) stabilization Length 6,750 It 6,200 ft 6,000 ft Width 50'- (6,150 ft) - 50' - (5,900 ft) 30' - (500 ft) 30'- 600 ft 30' - 300 ft 20' - 5,500 ft Avg. Existing - 4 MLW -3 MLW -2 MLW NA NA Depth Final Project 6 MLW +1 5 MLW+1 -5 MLW+1 NA NA Depth -4 MLW + 0.5 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 38,733 CY c. (1) 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 ❑WL ®None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. 916 WB McLean Drive (Hwy 24), 307 Bayshore Drive, and 312,314A 324 Live Oak Drive Cape Carteret (28584) c. (i) Do you claim title to disposal area? ❑Yes ®No ❑NA (h) If no, attach a letter granting permission from the owner See Tab F - Consent of Use Agreements e. (i) Does the disposal area include any 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 ❑WL ®None (ii) Describe the purpose of disposal in these areas: []This section not applicable Silty sand, fines, mud. d. High -ground excavation in cubic yards. 0 CY ❑This section not applicable b. Dimensions of disposal area. 0.6 Ac - 916 WB McLean Drive (Hwy 24) 1.0 Ac - 312, 314, & 324 Live Oak Drive n a Ac - 307 Bayshore Drive d. (1) Will a disposal area be available for future maintenance? []Yes ®No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? []Yes ®No ❑NA (ii) If yes, how much water area is affected? 252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimananement.net revised: 12/26/06 F®rm ®CM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION x This section not applicable (If development is a wood groin, use MP-4 — Structures) a Tuna of shnrplina sfahili>atinnt b. LenOth: []Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill_ Other_ i. Source of fill material. f. (1) Has there been shoreline erosion during preceding 12 months? []Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. In. Type of fill material. 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill matedal be brought to the site? ❑Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or u Amount of material to be laced in the water _ other wetlands (WL)? If any boxes are checked, provide the () P number of square feet affected. (iii) Dimensions of fill area _ ❑CW ❑SAV _ ❑SB (iv) Purpose of fill ❑WL []None (ii) Descdbe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Silt fencing and erosion control berms c. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. May 01, 2020 Date b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Excavator (backhoe) or bucket dredge, bobcat, dump trucks and floating barges. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Greg' Ruch' Rudolph Applicant Name Old Ferry Channel & Deer Creek Maintenance Dredging Project Name Applicant Signature 252-808-2808 :: 1-888.4RCOAST :: wwvu.nccoastalmonaaement.net revised: 12/26/06 ROY COOPER NORTH CAROLINA Governor Envbw~ntdQUOUfy MICHAEL S. REGAN J Secretary BC. DAMS Director March 24, 2021 Moffat and Nichol Robert Neal (rnealnmoffatnichol.com) Doug Huggett (dhuegettnamoffatnichol.com) SUBJECT: Moratorium Relief Request for Permit No. 105-20 issued to Carteret County, for the dredging of Old Ferry Channel and Deer Creek, located in Carteret County, North Carolina Dear Sirs: This letter is in response to the above referenced CAMA permit relief request received by the DCM Morehead City office by email on March 18, 2021. To review this request, we coordinated with the Division of Marine Fisheries, NC Wildlife Resources Commission, and the US Army Corps of Engineers and the National Marine Fisheries Service. This moratorium relief request is to complete ongoing dredging operations for a maximum of 15 days, to be concluded no later than April 15, 2021. In consultation with the resource agencies authorization was given with the following conditions: 1. The relief request is granted until April 15, 2021. 2. Every effort should be made to finish the project as early as possible. 3. The NC Division of Marine Fisheries has requested that any outstanding dredging near existing submerged aquatic vegetation be given priority. This request shall be applied to the greatest extent possible. 4. The applicant shall notify the Division by email upon completion of the project. Therefore, the one-time moratorium relief request is granted with the above conditions. If you have any questions concerning these matters, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at grege.bodnar ,ncdenngov F 9, North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 26557 252.8082808 Sincerely, Gregg Bodnar W - Division of Coastal Management Assistant Major Permits Coordinator CC: Jimmy Harrison, NC DMF (via email) Marina Dunn, NC WRC (via email) Liz Hair, USAC Wilmington (via email) Twyla Cheatwood, NMFS Pivers Island (via email) North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead Ctq, North Carolina 28557 252.808.2808 Bodnar, Gre From: Bodnar, Gregg Sent: Wednesday, March 24, 2021 11:37 AM To: 'Neal, Robert'; Huggett, Douglas Cc: Styron, Heather M.; Twyla Cheatwood - NOAA Federal; 'Hair, Sarah E CIV CESAW CESAD (US)'; Harrison, James A; Dunn, Maria T. Subject: Moratorium relief for CAMA permit #105-20 Attachments: Carteret County Old Ferry&Deer Creek #105-20 (2021).pdf Afternoon Robert and Doug, Please see above for the letter granting relief from the conditioned moratorium until April 15, 2021. If you have any questions please let me know. Regards, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Ctuality 252 WS 2808 ext 215 (Office) Greig.40narPricclenr.gov Email correspondence to andharn this address is subject to the North Carolina public Records Low and may be disclosed to third parties. 238 Princess Strest ,", Wilmington, NC 28401 motlatt & nichol (910)218-7100 w .moffattnichol.ccm March 18, 2021 Gregg Bodnar via email (Gregg.Bodnar@ncdenr.gov) Assistant Major Permits Manager NCDEQ — Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 Subject: CAMA Permit 105-20 (Carteret County) Old Ferry Channel & Deer Creek Maintenance Dredging Request for 15-Day Moratorium Relief Dear Mr. Bodnar, On behalf of Carteret County, please accept this correspondence as a request for a 15-day moratorium relief to complete the maintenance dredging of Old Ferry Channel and Deer Creek in Cape Carteret. In accordance with the CAMA permit 105-20, all dredging work must be completed by April 1" in order to protect juvenile shrimp and finfish populations. Dredging beyond March 31" must first be coordinated and approved by the appropriate resource agencies. Carteret County has worked diligently over the past year to complete the Old Ferry Channel and Deer Creek maintenance dredging prior to the April 1 moratorium deadline. The County and resource agencies conducted significant coordination efforts to identify and protect submerged aquatic vegetation (SAV) habitat and shellfish resources within the work area. These efforts have reduced the potential for environmental impacts and have made the project beneficial to all stakeholders. Construction efforts for the maintenance dredging initiated immediately upon permit issuance, which occurred on November 5, 2020. Carteret County moved aggressively to solicit and construction contractor prior to the end of November, once the permits were in -hand. T D Eure eventually secured the construction contract on December 9, 2020. Mobilization efforts were completed by January 14`s and the Contractor has worked seven (7) days per week, weather permitting, in efforts to complete the work prior to April 1. However, a combination of construction logistics and inclement weather has prevented project completion. Rainfall quantities for Morehead City indicate an excess of almost 5-inches above the February monthly average and exceeded February measurements documented since 1999'. Average production rates have increased from an estimated 189 cubic yards per day (CY/dy) through February 27, 2021 to approximately 272 CY/dy estimated for March 2021. The increased production and more favorable weather conditions suggest the project can be completed by April 15, 2021. As of March 15, 2021, an estimated total of 15,372 CY have been removed from the project area. This leaves approximately 9,222 CY remaining in the work area, of which only 80% (7,380 CY) would be anticipated to be removed. Assuming the weather conditions and production rates maintain, the r Collins, C. (2021). MomheadCityWeather.com. Rainfall Summary (in). URI,hLWs,//morchcadciryweather.com/wzrainsummar^.nhn (visited 2021, Much 18). Page 1 CAMA Permit 105-20 (Carteret County) Old Ferry Channel & Deer Creek Maintenance Dredging Request for 15-day Moratorium Relief 18 March 2021 project should be completed in approximately 27 days. Requesting an extension to April 15 provides adequate time to complete the work. Carteret County appreciates the Division of Coastal Management's efforts to date on this project and the consideration for the requested moratorium relief. With the state's assistance, Carteret County has been a leader in providing and maintaining navigational access to residents, small businesses, and guests across their jurisdictional limits. The maintenance dredging of Old Ferry Channel and Deer Creek helps maintain the County's level of service to the project stakeholders. In that regard, if there are any additional questions or concerns, please feel free to contact myself or Doug Huggett at your convenience at919-781-4626. Sincerely, MOFFATT & NICHOL Robert Neal, PE Senior Coastal Engineer Cc. Heather Styron, Division of Coastal Management (via email) Rudi Rudolph, Shore Protection Manager, Carteret County (via email) Gene Foxworth, Assistant County Manager, Carteret County (via email) Zach Steffey, Town Manager, Cape Carteret (via email) Katie Finegan, Assistant Project Manager, Moffatt &Nichol (via email) Doug Huggett, Environmental Lead, Moffatt & Nichol (via email) u„ Page 2 Bodnar, Gre From: Bodnar, Gregg Sent: Thursday, March 18, 2021 2:22 PM To: Harrison, James A; Dunn, Maria T.; Hair, Sarah E CIV CESAW CESAD (US); 'twyla.cheatwood @ noaa.gov' Cc: Styron, Heather M. Subject: FW: [External] CAMA 105-20 Old Ferry Channel & Deer Creek 15-day Moratorium Relief Request (Carteret County) Attachments: 10153-OFC_DC-PermitExtension-031821.pdf, 10153- Old_FerryChannel_DeerCreek_ProgressRepo rt-031421_to_032021.pdf;10153- Old_FerryChannel_DeerCreek_ Progress Repo rt-030721_to_031321.pdf, Old Ferry Channel final shellfish relocation report March 15, 2021.docx; 10153- Old_FerryChannel_DeerCreek_ProgressReport-022821_to_030621.pdf; 10153- Old_FerryChannel_DeerCreek_ProgressReport-022121_to_022721.pdf; 10153- Old_FerryChannel_DeerCreek_ProgressReport-021421_to_022021.pdf; 10153- Old_FerryChannel_DeerCreek_ProgressReport-020721_to_021321.pdf; 10153- Old_FerryChannel_DeerCreek_ProgressReport-013121_to_020621.pdf; 10153- Old_FerryChannel_DeerCreek_ProgressReport-012421_to_013021.pdf Afternoon all, Based on comments provided for CAMA Permit No. 105-20 your agencies recommended an in -water work moratorium for the Carteret County Old Ferry and Deer Creek Maintenance Dredge Project. The agent has requested a 15 day moratorium relief to extend to April 15. Above is the request and available dredge updates provided by the agent. The shellfish relocation plan is also provided above for reference. Please provide your comments to the above moratorium relief request by COB Tuesday March 23, 2021. Thanks, Gregg i Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252K8280gext21S (Office) Gregg.8odna r0ncdpnr ggY Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Neal, Robert <rneal@moffattnichol.com> Sent: Thursday, March 18, 20211:25 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Styron, Heather M. <heather.m.styron@ncdenr.gov>; Gregory Rudolph <grudolph@carteretcountync.gov>; Gene Foxworth <Eugene.Foxworth@carteretcountync.gov>; Steffey, Zachary <zsteffey@capecarteret.org>; Finegan, Katie <kfinegan@moffattnichol.com>; Huggett, Douglas <dhuggett@moffattnichol.com> Subject: [External] CAMA 105-20 Old Ferry Channel & Deer Creek 15-day Moratorium Relief Request (Carteret County) CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Gregg, Hope you are doing well! Please find attached, a moratorium relief request for Old Ferry Channel and Deer Creek Maintenance Dredging. The request is provided on behalf of Carteret County in efforts to complete the maintenance dredging this season. We appreciate yours and all of the Division staffs assistance that has been provided on this project. In that regard, please let me know if I can provide any additional information to support this relief request. Best Regards, Robert Neal, P.E. 1/11 7�y/jy, ai moffatt & nichol .1V 238 Princess Street I Wilmington, NC 28401 D 910.218.7082 10 910.218.7100 1 C 910.524.3285 NC Firm License NO. F-0105 Creative People, Practical Solutions. @ Connect with us: Website I Facebook I Linkedln Twitter Per Title VI of the Civil Rights Act, Moffatt & Nichol will not discriminate on the grounds of race, color, or national origin in the selection and retention of subconsultants, including procurement of materials and leases of equipment. Moffatt & Nichol will ensure that minorities will be afforded full opportunity to present proposals and will not be discriminated against inconsideration for an award. For additional information go to: htta://www.moffattnichoLcomlcontent/small-business-outreach Bodnar, Gre From: Bodnar, Gregg Sent: Thursday, March 18, 2021 2:22 PM To: Harrison, James A; Dunn, Maria T.; Hair, Sarah E CIV CESAW CESAD (US); 'twyla.cheatwood @ noaa.gov' Cc: Styron, Heather M. Subject: FW: [External] CAMA 105-20 Old Ferry Channel & Deer Creek 15-day Moratorium Relief Request (Carteret County) Attachments: 10153-OFC_DC-PermitExtension-031821.pdf; 10153- Old_FerryChannel_DeerCreek_ProgressRepo rt-031421_to_032021.pdf;10153- Old_FerryChannel_DeerCreek_ _ ProgressReport-030721to_031321.pdf; Old Ferry Channel final shellfish relocation report March 15, 2021.docx, 10153- Old_FerryChannel_DeerCreek_ProgressReport-022821_to_030621.pdf; 10153- Old_FerryChannel_DeerCreek_ProgressReport-022121_to_022721.pdf; 10153- Old_FerryChannel_DeerCreek_ProgressReport-021421_to_022021.pdf,10153- Old_FerryChannel_DeerCreek_ProgressReport-020721_to_021321.pdf;10153- Old_FerryChannel_DeerCreek_ProgressReport-013121_to_020621.pdf; 10153- Old_FerryChannel_DeerCreek_ProgressReport-012421_to_013021.pdf Afternoon all, Based on comments provided for CAMA Permit No. 105-20 your agencies recommended an in -water work moratorium for the Carteret County Old Ferry and Deer Creek Maintenance Dredge Project. The agent has requested a 15 day moratorium relief to extend to April 15. Above is the request and available dredge updates provided by the agent. The shellfish relocation plan is also provided above for reference. Please provide your comments to the above moratorium relief request by COB Tuesday March 23, 2021. Thanks, Gregg Gregg Bodnar Assistant Major permits Coordinator Division of Coastal Management Department of Environmental Quality 252 US 2808 ext 21S (Office) Greaa.Bodnar ntdenr. _v Email correspondence to and from this address is subject to the North comffrta Public Records tow and may be disclosed to thlyd parties. From: Neal, Robert <rneal@moffattnichol.com> Sent: Thursday, March 18, 20211:25 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Styron, Heather M. <heather.m.styron@ncdenr.gov>; Gregory Rudolph <grudolph@carteretcountync.gov>; Gene Foxworth <Eugene.Foxworth@carteretcountync.gov>; Steffey, Zachary <zsteffey@capecarteret.org>; Finegan, Katie <kfinegan@moffattnichol.com>; Huggett, Douglas <dhuggett@moffattnichol.com> Subject: [External] CAMA 105-20 Old Ferry Channel & Deer Creek 15-day Moratorium Relief Request (Carteret County) CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Gregg, Hope you are doing well! Please find attached, a moratorium relief request for Old Ferry Channel and Deer Creek Maintenance Dredging. The request is provided on behalf of Carteret County in efforts to complete the maintenance dredging this season. We appreciate yours and all of the Division staffs assistance that has been provided on this project. In that regard, please let me know if I can provide any additional information to support this relief request. Best Regards, Robert Neal, P.E. 1AIR I 7 p" moffatt & nlchol 238 Princess Street I Wilmington, NC 28401 D 910.218,708210 910.218.7100 1 C 910.524.3285 NC Firm License NO. F-0105 Creative People, Practical Solutions. 0 Connect with us: Website I Facebook I Linkedln Twitter Per Title VI of the Civil Rights Act, Moffatt & Nichol will not discriminate on the grounds of race, color, or national origin in the selection and retention of subconsultants, including procurement of materials and leases of equipment. Moffatt & Nichol will ensure that minorities will be afforded full opportunity to present proposals and will not be discriminated against in consideration for an award. For additional information go to: htT.,Ilwww.moffottnichol.com/content/small-business-outreach Bodnar, Gre From: Neal, Robert <rneal@moffattnichol.com> Sent: Thursday, March 18, 2021 1:25 PM To: Bodnar, Gregg Cc: Styron, Heather M.; Gregory Rudolph; Gene Foxworth ; Steffey, Zachary; Finegan, Katie; Huggett, Douglas Subject: [External] CAMA 105-20 Old Ferry Channel & Deer Creek 15-day Moratorium Relief Request (Carteret County) Attachments: 10153-OFC_DC-PermitExtension-031821.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Gregg, Hope you are doing well! Please find attached, a moratorium relief request for Old Ferry Channel and Deer Creek Maintenance Dredging. The request is provided on behalf of Carteret County in efforts to complete the maintenance dredging this season. We appreciate yours and all of the Division staff's assistance that has been provided on this project. In that regard, please let me know if I can provide any additional information to support this relief request. Best Regards, Robert Neal, P.E. moffatt 8t nichol RrN r ' / �' 1 238 Princess Street I Wilmington, NC 28401 D 910.218.7082 10 910.218.7100 1 C 910.524.3285 NC Firm License N0, F-0105 Creative People, Practical Solutions. 0 Connect with us: Website I Facebook I Linkedln Twitter Per Title VI of the Civil Rights Act Moffatt & Nichol will not discriminate on the grounds of race, color, or national origin in the selection and retention of subconsultants, including procurement of materials and leases of equipment. Moffatt & Nichol will ensure that minorities will be afforded full opportunity to presentproposals and will not be discriminated against in consideration for an award. For additional information go to: htto://www.moffattnichoLcom/contentlsmall-business-outreach Bodnar, Gre From: Dunn, Maria T. Sent: Tuesday, March 23, 2021 4:26 PM To: Bodnar, Gregg; Harrison, James A; Hair, Sarah E CIV CESAW CESAD (US); 'twyla.cheatwood @ noaa.gov' Cc: Styron, Heather M. Subject: RE: [External] CAMA 105-20 Old Ferry Channel & Deer Creek 15-day Moratorium Relief Request (Carteret County) Gregg, NCWRC has reviewed the applicant's request that included detailed information regarding the project's previous progress, the need for an extension, and the construction schedule for the requested 15-day allowance. The inclusion of the requested environmental information on the front end of the project, the implemented better management practices, and the weather have all contributed to the delay in project completion. Therefore, due to the project's progress and demonstrated conditions and measures, NCWRC does not object to a one-time extension of this project. Thank you for the opportunity to review and provide comment. If there is anything additional, please let me know. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Thursday, March 18, 2021 2:22 PM To: Harrison, James A <James.Harrison@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>;'twyla.cheatwood@noaa.gov' <twyla.cheatwood@noaa.gov> Cc: Styron, Heather M. <heather.m.styron@ncdenr.gov> Subject: FW: [External] CAMA 105-20 Old Ferry Channel & Deer Creek 15-day Moratorium Relief Request (Carteret County) Afternoon all, Based on comments provided for CAMA Permit No. 105-20 your agencies recommended an in -water work moratorium for the Carteret County Old Ferry and Deer Creek Maintenance Dredge Project. The agent has requested a 15 day moratorium relief to extend to April 15. Above is the request and available dredge updates provided by the agent. The shellfish relocation plan is also provided above for reference. Please provide your comments to the above moratorium relief request by COB Tuesday March 23, 2021. Bodnar, Gre From: Harrison, James A Sent: Tuesday, March 23, 2021 4:38 PM To: Bodnar, Gregg; Dunn, Maria T.; Hair, Sarah E CIV CESAW CESAD (US); 'twyla.cheatwood@ noaa.gov' Cc: Styron, Heather M. Subject: Re: [External] CAMA 105-20 Old Ferry Channel & Deer Creek 15-day Moratorium Relief Request (Carteret County) Gregg, DMF has reviewed the moratorium relief request and associated progress reports for this project. Taking into consideration the effort that was made to complete the work before the moratorium, the uncontrollable factors impacting project completion, and the work that still needs to be completed, DMF does not oppose to this one- time moratorium relief to allow the Old Ferry Channel and Deer Creek work to continue until April 15. DMF would recommend that the work that needs to occur closest to known SAV be given priority, as the next growing season will begin in April. Thanks Gregg! Jimmy Jimmy Harrison Ha6itat and E_nhancement Section NC Division of Marine Fisheries ja mes.6a rrison@ncden r.gov 252-948-3835 (Office) 757-272-3250 (Mo6ile - Preferred) qV Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Thursday, March 18, 2021 2:22 PM To: Harrison, James A <James.Harrison@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; 'twyla.cheatwood@noaa.gov' <twyla.cheatwood@noaa.gov> Cc: Styron, Heather M. <heather.m.styron@ncdenr.gov> Subject: FW: [External] CAMA 105-20 Old Ferry Channel & Deer Creek 15-day Moratorium Relief Request (Carteret County) Afternoon all, Bodnar, Gregg From: Twyla Cheatwood - NOAA Federal <twyla.cheatwood@noaa.gov> Sent: Wednesday, March 24, 2021 9:31 AM To: Bodnar, Gregg Cc: Hair, Sarah E CIV CESAW CESAD (US); Styron, Heather M. Subject: Re: [External] CAMA 105-20 Old Ferry Channel & Deer Creek 15-day Moratorium Relief Request (Carteret County) CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Reoort Spam. Good Morning, The NMFS has no objection to the one time moratorium relief request to allow in water work to continue until April 15, 2021. Thank you for your coordination. Twyla On Wed, Mar 24, 2021 at 8:37 AM Bodnar, Gregg <Rregg.bodnar@ncdenr.Rov> wrote: Hey all, Jimmy and Maria have approved the 15 day extension. Do you all have any comments/concerns? Thanks, Gregg From: Bodnar, Gregg Sent: Thursday, March 18, 2021 2:22 PM To: Harrison, James A <James.Harrison@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.armv.mil>;'twvla.cheatwoodPnoaa.gov' <twvla.cheatwood@noaa.gov> Cc: Styron, Heather M. <heather.m.stvront@ncdenr.gov> Subject: FW: [External] CAMA 105-20 Old Ferry Channel & Deer Creek 15-day Moratorium Relief Request (Carteret County) Afternoon all, Bodnar, Gre From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hai r@usace.army.mil> Sent: Wednesday, March 24, 2021 11:06 AM To: Bodnar, Gregg;'twyla.cheatwood@noaa.gov' Cc: Styron, Heather M. Subject: RE: [External] CAMA 105-20 Old Ferry Channel & Deer Creek 15-day Moratorium Relief Request (Carteret County) CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi Gregg, The Corps has no objection to a one-time request to allow in water work to continue until April 15, 2021. Thanks, Liz From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Wednesday, March 24, 20218:37 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>;'twyla.cheatwood@noaa.gov' <twyla.cheatwood @ noaa.gov> Cc: Styron, Heather M. <heather.m.styron@ncdenr.gov> Subject: [Non-DoD Source] RE: [External] CAMA 105-20 Old Ferry Channel & Deer Creek 15-day Moratorium Relief Request (Carteret County) Hey all, Jimmy and Maria have approved the 15 day extension. Do you all have any comments/concerns? Thanks, Gregg From: Bodnar, Gregg Sent: Thursday, March 18, 2021 2:22 PM To: Harrison, James A <James.Harrison@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>;'twyla.cheatwood@noaa.gov' <twyla.cheatwood@noaa.gov> Cc: Styron, Heather M. <heather.m.styron@ncdenr.gov> Subject: FW: [External] CAMA 105-20 Old Ferry Channel & Deer Creek 15-day Moratorium Relief Request (Carteret County) Afternoon all, Based on comments provided for CAMA Permit No. 105-20 your agencies recommended an in -water work moratorium for the Carteret County Old Ferry and Deer Creek Maintenance Dredge Project. The agent has requested a 15 day Carteret County UP Old Ferry Channel & Deer Creek mortatt a Nchol �c�Ro Progress Report February 141 — February 20t6 Acronyms Used in the Report AIW W — Atlantic Intracoastal Waterway DMF — Division of Marine Fisheries CY — Cubic Yards ft/dy — Feet per Day cyd/dy — Cubic Yards per Day If — Linear Feet DCM —Division of Coastal Management MHW — Mean High Water Contractor: T D Eure Marine Construction Contract Time: 77 Days (Beginning Jan. 140) Max. Dredge Volume: 24,594 CY *Required Dredge Rate: 385 cyd/dy Est. Project Volume: 17,810 CY Time Remaining: 46 Days Est. Volume Dredged: 7,276 CY Contractor's Est. Dredge Rate: 325 cyd/dy Est. Earliest Completion: March 19, 2021 *Based on permit required dredging completion date ofApri101, 2011 and removal of 100% of available volume. The Following Items Were Completed During the Previous Week (Feb 71° — Feb 13`h) • The Contractor completed work in the Deer Creek Connector and progressed to Station 3+00 in Deer Creek South. The Contractor still needs to return to Old Ferry Channel to finish dredging; however, the schedule to return will be weather dependent and may not occur until the later part of March. • The Contractor removed an estimated 2,320 CY this week. This equals an average daily production rate of approximately 331 cy/dy, compared to an estimated 290 cy/dy the week prior. Production rates are anticipated to continue to increase as work progresses into the sheltered/residential areas. • The County and Contractor met with the Town of Cape Carteret on Friday, February 12, 2021 to identify the limits of an additional placement site at the Cape Carteret Public Works building. Material previously stockpiled at the Bayshore Drive placement area is proposed to be transferred to the Town's stie. • The County, Contractor and Engineer met with the property owner of an additional material placement site on Hwy 58 on Saturday, February 13, 2021. Previously dredged material will also be relocated to the Hwy 58 site to increase the capacity at the Bayshore Drive placement area. • The order of work remains as follows: (Note the attached map shows the respective work areas in planview.) 1" Old Ferry Channel 21 Deer Creek Connector 3'd Deer Creek South 41 Deer Creek North 51 School House Creek 6'" Deer Creek North Extension The Following Items Are Scheduled for the Current Week (Feb 14'" — Feb 20*) ■ The County and Engineer will coordinate with DCM and the Town of Peletier to apprise them of the current operations plan and material relocation sites. ■ The Contractor intends to survey the completed dredge sections. The surveys will be used to revise the dredge quantity estimates and anticipated project schedule. • The Engineer will conduct the shellfish relocation efforts for School House Creek and Deer Creek. • The Contractor intends to collect and remove accumulated sediment along the haul path in Deer Creek community. RECEIVED FEB 1 7 2021 NIP SECTION MH® w Old Ferry Channel & Deer Creek Maintenance Dredging Progress Report — Feb 14t" to Feb 20s'. Pg2of4 February 13, 2021— Town of Cape Carteret material transfer site. February 13, 2021 — Live Oak Drive material placement site. F E B 1 7 2021 February 13, 2021 —Hwy 58 material transfer site. Febmmy 14 thm February 20, 2021 Project Volume = 24,594 cyds u 26,000 24,000 22,000 20,000 18,000 16,000 14,000 12,000 10,000 8,000 6,000 4,000 2,000 0 Old Ferry Channel & Deer Creek Maintenance Dredging Page 3 of4 Estimated Volume at Project Ed Date (April 01, 2021) 22,260 CY Estimated Pm'ea Volume 17,810 CY) Required Production to /. �/ Remove All Vol7e(38 Available / ) Eulmatel Completion (March Eadimt 19, Date 2021) ' Est. Volume Drodged to Date(7,276 cyds) s 1 I Estimated Production -„ Rete(325 ryldy) pamt (April G C C Date EttimmM volume Ramd ( 7,276 ry&) Requimd R (385lady) Fat. Rate Movo,B Fq (325 gdldy) — En. amiect vamme Deadline )1,2021) RECEIVED F E B 1 7 2021 PAP SECTION MHD