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HomeMy WebLinkAbout67-18 MM 2020 City of JacksonvillePermit Class MODIFICATION/MAJOR AMENDED STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit' for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to City of Jacksonville, PO Box 128, Jacksonville, NC 28540 Permit Number 67-18 Authorizing development in Onslow, County within Farnell and Morgan Bays, in New River, near Camp Lejeune and the City of Jacksonville, as requested in the permittee's application dated 10/28/19 (MP-1) and 10/28/18 (MP-2), including the attached workplan drawings (13), all dated "Rec DCM-MI-ID City 11/15/19". This permit, issued on May 11, 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 of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Oyster Reef Site Additions 1) Unless specifically altered herein, this permit authorizes the creation of an additional six (6) 0.5 acre oyster reef sites, located in Farrell and Morgan Bays, New River, all as depicted in the attached permit application, project narrative, and workplan drawings. 2) In accordance with commitments made by the permittee, reef construction within the site shall be accomplished using prefabricated structures known as Oyster Castles and Oyster Catchers, all as depicted in the attached workplan drawings (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 Char of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee City of Jacksonville General Permit No. 67-18 Page 2 of 2 3) The permittee shall coordinate with the NC Division of Marine Fisheries Shellfish Sanitation Section to develop an approved shellfish transportation plan prior to the initiation of any construction activities. Furthermore, the permittee shall notify the NC Division of Marine Fisheries Marine Patrol Section upon completion of construction activities. 4) In order to satisfy concerns of the resource agencies and in order to protect juvenile shrimp and finfish populations, oyster reef site no. 12 shall not be constructed between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 5) In accordance with commitments made by the permittee, each of the six (6) oyster reef sites shall be located, at the time of construction, with a 50-meter buffer from all submerged aquatic vegetation. The permittee is advised that any proposed expansion of the oyster reef sites may be affected by evidence of submerged aquatic vegetation. 6) 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. 7) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 8) This Major Modification shall be attached to the original Permit No. 67-18, which was issued to the permittee on 6/29/18, and copies of both documents must be readily available on site when Division personnel inspect the project for compliance. 9) All conditions and stipulations of the active permit remain in force, under this Major Modification, unless specifically altered herein. 10) This amended permit supersedes all previous authorizations under this major modification. NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW- 2017-02514. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2019-0260 v2. NOTE: An application processing fee of $250 was received by DCM for this project. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) � I�,e -410 -1,b New ___ __ Major Mod _ V Permit# Minor Mod Renewal Permit Coordinator: Field Representative: Date Time l 4l Z°�� a Ci2u�a I 115474P us Ate-4L-Kw7 (OMSr(�I7(d't KCQr�Kd- YZ42 Message Transfer 4(( uw�{in<oh (tyker � ?n), S�r'la V.,t. jtJo� L 5/a�a��� �l�d� e(c�%�«lly s��a-f w/ efm r on Coua t i ,4^ -s- �� ( ^ ��� y/lr/Zb /1A r�r/1`""�S�i� �lZ GSiG( O.AY Sii -k),-,rtueafun aM, C',t{��it✓t ;��'4r-(*J / DCM Coordinator: W� A-R, Permit #: 67 16 ka/� t kd Agtl G r— MAHdNG DISTRIBUTION SHEET Permittee: 11(r N dt `�-'__[%+„�� r�o p4T rr n-arad�patt JJ(F0 w 12b ,tc�rww%IrjtLIC Agents: ;�d�+lo✓CA—OrGb iQCkScItNIICAC,CA/ II�irICIQ@i5T0t*nCldK ZO DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Ryan /iNtp,�G Wilmington (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) IV Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Renee Gledhill -Earley at Environmental.Review@ncdccgov ;? Heidi Cox (WIRO) Anne Deaton David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan P Clif Whitfield (WARO) Jimmy Harrison Washington: 4 #rc4yWar4(NtCDOT-t3eaufort, orm er Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: Natural Heritage Program LPO: Robb Mairs — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover)' Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARD) Rodney Butler (NCDOT) Travis Wilson DCM MP-1 APPLICATION for D Major Development Permit NOV 15 2019 (last revised 12/27/06) Or'"-MHD CITY North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) City Of Jacksonville New River Estuary Oyster Highway Applicant 1: First Name W Last Name Ron Massey Applicant 2: First Name MI Last Name Pat Donovan -Brandenburg If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State P.O. Box 128 128 Jacksonville NC ZIP Country Phone No. FAX No. 28540 0001 us 910 - 938 - 6446 ext. n/a - Street Address (if difeerent from above) City State ZIP 815 New Bridge Street Jadcsonvilk NC 28540 Email pdonovan-Brandenburg@jacksonvillenc.gov 2- AgenVCOntractor ln/orm Won Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (6 different from above) City State ZIP Email <Form continues on back> 252-808.2808 :. 1-888-4RCOAST :: www.nccoantalmanagement.net Form DCM MP-1 (Page 2 of 5) APPLICATION for `RECEIVED Major Development Permit 3. Project Location NOV 15 2019 County (can be multiple) Street Address State Rd. # onslow na DCM-MHD CITY na Subdivision Name City State Zip na Jacksonville NC 28540- 28547 Phone No. Lot No.(s) (rf many, attach additional page with list) na- ext. na, I , S. In which NC river basin is the project located? b. Name of body of water nearest to proposed project New River Estuary New River Estuary (Famell Bay and Morgan Bay) C. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown New River Estuary e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes SNo work falls within. na 4. We Dwcdpbm a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) na 6 tracts' 22,604 sqft (0.518 ac) = 135,624 sgtt (3.11 ac) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or na, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) -1.25 m (NHW), -1.0 m (NWL) SNHW or SNWL e. Vegetation on tract None. We are only going to work on shallow sand/mud mix bottom f. Man-made features and uses now on tract na g. Identify and describe the existing land uses adFacen to the proposed project site. Both the eastern and western shorelines of Famell Bay and Morgan Bay belong to the Marine Corps Base Camp Lejeune and Marine Corps Air Station New River. Witihn the New River Estuary, small personal fishing boats and duck hunting boats will sometimes pass along the shallow margins of Famell Bay and Morgan Bay. Transiting boats use the marked channel in the deeper sections of the New River Estuary. Commercial shellfishing (largely damming) and shrimping occur seaward of our proposed sites (i.e., Stones Bay and south). h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Coastal sound (Attach zoning compliance certificate, if applicable) []Yes []No SNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes SNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. [--]Yes []No SNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does R involve a []Yes []No SNA National Register listed or eligible property? <Form continues on next page> 252.808-2808 .. 1-888.4RCOAS, .. ,v, ,nc_.a�t..:rnanagennent.net Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (III) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. na REC o. Describe existing drinking water supply source. na NOV i p. Describe existing storm water management or treatment systems. na DCM-MHD CITY 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®PublictGovemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The New River "Oyster Highway" is creating oyster habitat stepping stones in the central portion of the New River Estuary (NRE) that will host oyster brood stock populations that will supply larvae to habitats within the central and upper portions of the NRE. We will deploy subtable substrate for oysters using a combination of (1) established oyster substrates (oyster castles), and (2) novel substrate technology developed in eastern North Carolina as the means to support oyster populations on the created stepping stone habitats. Enhanced oyster populations would provide valuable ecosystem services across the watershed and serve as destination sites for recreational fishers. With the exception of the 6 site locations, this application is identical to our 2018 submission (Permit # 67-18; which was approved without notable modification). 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. See attached detailed narrative, maps, plats, and photos. d. List all development activities you propose. Oyster reef substrate placement (see attached narrative for further explanation). e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? 135,624 sgft ®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 oft h. Describe location and type of existing and proposed discharges to waters of the state. Na 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. 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit <Fonn continues on back> 8. Additional Information An addition to this completed application fomr, (MP-1) the following items below if applicable, must be submitted in order for the application package to be complete. Items (a) - (1) are always applicable to any major development application. Please consult the application irstruction booklet on how to 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 state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name ta, aMrough see support letter from Marine Corps base Carrgr Lajaaae Phone No. Address Name Phone No. Address Name Phone NO. Addi a e; g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, perrmittee, and issuing dates. h. Signed consultant or agent authorization form, d applicable. I. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. T. 0whWca6on and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date _10/28/19 Print Name Ron Massey Signature RECEIVED Please indicate application attachments pertaining to your proposed project. NOV 15 2019 ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development DCM-MHD CITY ❑DCM MP-4 Structures Information 252.808-2808 :. 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit RECEIVED NOV 15 2019 DCM-MHD CITY 252-808.2808 :: 1-888-4RCOAST :: www.nccoa,,talmanagement.net Form DCM Kn)' EX(WNVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length 230 ft (six sites) Width 98 It (six sites) Avg. Existing NA NA 3 5 ft Depth Final Project PIA NA 3 5 ft Depth L. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh (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: a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner. d. High -ground excavation in cubic yards. (RECEIVED NOV 15 2019 DCM-MHO rrr b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh I. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ❑None (ii) Describe the purpose of disposal in these areas: IQ Does the disposal include any area in the water? ❑Yes []No ❑NA (i) If yes, how much water area is affected? 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/26;06 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average 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. ®This section not applicable Width: d. Maximum distance watemard of NHW or NWL. f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. NOV 15 2019 DCM-MHD CIT 4. OTHER FILL ACTIVITIES ❑This aecion not agilnnMe (adtrdixly Shoraiiiiine Stabizabon) a. (i) Will fill material be brought to the site? ®Yes []No ❑NA b. (i) Will fill material be placed in coastal wetlandstmarsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (ii) Amount of material to be placed in the water 540 ouster other wetlands (WL)? If any boxes are checked, provide the castle reefs across six sites (4320 individual oyster castle number of square feet affected. blocks): 540 oyster catcher reefs across site sites (5400 ❑CW ❑SAV _ ❑SB individual oyster catcher patties) ❑WL ®None (in) Dimensions of fill area Six 22,604 soft tracts (ii) Describe the purpose of the fill in these areas: (iv) Purpose of fill To provide hard substrate for oysters and habitat for To provide hard substrate for oysters and habitat for fishes/crustaceans fishes/crustaceans 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Oyster castle material is comprised of interlocking blocks that have demonstrated an ability to stay on site (together) even in high energy intertidal settings (i.e., as Irving shoreline material designed to reduce wave energy and shoreline erosion). Oyster catcher material also forms interlocking units (particualriy as oysters settle and grow on this substrate), and will be further secured in place using rebar posts driven into the sediments through the "donut hole" of the patties. Sites will be monitored long-term to ensure material remains on site. c. (i) Will navigational aids be required as a result of the project? ®Yes []No ❑NA (ii) If yes, explain what type and how they will be implemented. The boundaries (corners) of each 22,604 sqft tract will be marked with 4" posts extending 6' above MHW. Each marker post will include reflective bands (360') and signage indicating the site as a restoration project (and shellfish research reserve). b. What type of construction equipment will be used (k badkhoe, or hydraulic dredge)? Material will be deployed by hand from small boats. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (i) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagiement.net revised: 12,26;06 Form DCM MP-2 (Excavation and Fill, Page 3 of 3). 10/28/2018 Date New River Estuary Oyster Highway Project Name City of Jacksonville (Ron Massey -Pat Donovan -Brandenburg) Applicant Name L� Applicant Signature RECEIVED NOV 15 2019 DCM-MHD CITY 252-808-2808:: 1-888-4RCOAST:: www.nccoastalmanagement.net revised: 12/26/06 Jacksonville 1 "•+ Morgan Ba „h- .1t Y +" All - Camp Lejeune m Farnell * 19 Bay * Camp , Stones Lejeune ' Bay ',- ' 10 km ,• ,.� • • • y .12 � 7 11 1 '�Y Goo5 Esn. 12 $ 8 10 9 iag4 Eath Googk Earn 1� 10 _ 9 A ■ A Latitude: N 34*41'51" Bottom Type: Unvegetated mud/sand Longitude: W77°22'27" Potential User Conflicts: None anticipated Depth at MLW: 1.0 m Distance from Shore: 65 m Site Boundary (70 m * 30 m) RECEIVED NOV 15 2019 OCM-MHD CITY Latitude: N 34°37152" Bottom Type: Unvegetated mud/sand Longitude: W77'20'49" Potential User Conflicts: None anticipated Depth at MLW: 1.25 m Distance from Shore: 85 m Site Boundary (70 m * 30 m) RECEIvf NOV 1 5 DCM-MHC ; Latitude: N 34*37'12" Bottom Type: Unvegetated mud/sand Longitude: W77'23'06" Potential User Conflicts: None anticipated Depth at MLW: 1.0 m Distance from Shore: 30 m Site Boundary (70 m * 30 m) i RECEIVED NOV 15 2019 DCM-MHD CITY Latitude: N 34*37125" Bottom Type: Unvegetated mud/sand Longitude: W77°2233" Potential User Conflicts: None anticipated Depth at MLW: 1.25 m Distance from Shore: 55 m Site Boundary (70 m' 30 m) RECEIVED NOV 15 2019 DCM-MHD CITY Latitude: N 34*40'48" Bottom Type: Unvegetated mud/sand Longitude: W77*24'01" Potential User Conflicts: None anticipated Depth at MLW: 1.25 m Distance from Shore: 55 m Site Boundary (70 m * 30 m) RECEIVED NOV 15 2019 DCM-MHD CITY Latitude: N 34*43108" Bottom Type: Unvegetated mud/sand Longitude: W77025'51" Potential User Conflicts: none anticipated Depth at MLW: 1.25 m Distance from Shore: 100 m Site Boundary (70 m ` 30 m) RECEIVED NOV 15 2019 DCM-MHD CITY Oyster Castle® Allied Concrete Charlottesville, VA www.aIIiedconcrete.com photos from: www.alliedconcrete.com - Manufactured concrete units (12" * 12" * 8" [L * W *H]) - Stackable and interlocking, designed to create complex, stable habitat - Suitable for oyster settlement - In use in restoration projects in AL, DE, NJ, NY, SC, and VA RECEIVED NOV 15 2019 DCM-MHD CITY Oyster Catcher TM Sandbar Oyster Company Morehead City, NC http://www.sandbaroystercompany.com Photo of individual patty from Niels Lindquist - Biodegradable jute plant fiber and cement plaster units (12"*12"*4"[L*W*H]) - Stackable and interlocking, designed to create complex, stable habitat - Suitable for oyster settlement - In use in restoration projects in NC RECEIVED NOV 15 2019 DCM-MHD CITY Oyster Catcher" Individual Reef Configuration (*90 reefs per site) Plan View: (10 patties per individual reef) Vertical post/an( Cross Section View: (MLW depth: 50 in [1.25rT Sediment Surface 24 in (L) -i-- 24 in (W) 16 in (H) RECEIVED NOV 15 ?619 DCM-MHD CITY Oyster Castle® Individual Reef Configuration (*90 reefs per site) (8 units per individual reef) Plan View: Note: these gaps are 1-2 in width Cross Section View: (MLW depth: 50 in [1.251 36 in (L) RECEIVED NOV 15 2119 DCM-MHD CITY rx in (W) 16 121 (H) Plan View of Proposed Reef Complexes Q Oyster Castle® reefs 30 m 70 m Offshore Oyster Catcher TM patty reefs m 2m 8m 4� A& "00900900000 1,7m 000*00000900900 I8m 000000000*0000* 00000000000000 • six — —0.5 acre reef development sites in Farnell Bay and Morgan Bay • 720 oyster castle® units per site; 90 oyster castle reefs per site • 900 seeded oyster catcher patties per site; 90 oyster catcher reefs per site 3m m 3 ml 000000000000000 000000000000000 000000000000000 000000000000000 Nearshore • reefs proposed to be located in near - shore shallow water to: (1) allow shore access to the reefs for recreational fishing; and (2) avoid periodic hyoxia/anoxia events that occur in deeper waters. RECEIVED NOV 15 2019 DCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dtrecmr NORTH CAROLINA Environmental Quality February 28, 2020 City of Jacksonville Ron Massey Pat Donovan-Brandenburg(pdonovan-brandenburg@jacksonvillenc.gov) Dear Mr. Massey and Ms. Donovan -Brandenburg, This letter is in reference to the application submitted for the City of Jacksonville, for a Coastal Area Management Act Major Permit to undertake development activities to expand the existing oyster reef system known as the "Oyster Highway", in Onslow 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 May 12, 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). Cc: DCM Morehead City Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator �Dg 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 r Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, February 28, 2020 11:07 AM To: pdonovan-brandenburg@jacksonvillenc.gov Cc: Davenport, Ryan Subject: CAMA Extension for the Oyster Highway Attachments: Jville Oyster Highway #67-19MM EXT.pdf Morning Pat, Please see the above attachment for the extension letter for the project. To date I am still waiting on a number of agencies since the project was late to distribution due to the payment issue. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator division of Coastal Management Department of Environmental Quality 252 BBB 28W ext 215 (Office) -i Greaa.BodnarLoncdenr.aov Email correspardence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties, DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: City of Jacksonville AA� MOd. 60-1% COUNTY: Onslow PROJECT NAME: New River Estuary Oyster Highway LOCATION OF PROJECT: New River DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12-16-19 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: Yes FIELD REPRESENTATIVE: Ryan Davenport DISTRICT OFFICE: MHC DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: 113112020 FEE REC'D: $250 # 224112 APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 1-17-20 END OF NOTICE DATE: 2-5-20 ADJ. RIP. PROP NOTICES REC D: DEED REC'D: N/A C) 75 DAY DEADLINE: 2-29-20 150 DAY DEADLINE: slfK W HOLDS: EMAIL OUT DATE: Click or tap to enter a date. STATE DUE DATE: Click or tap to enter a date. PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep K Z v CoWtN+G►i DCM — LUP Consistency Determination 3 S O Local Permit Officer Corps of Engineers— Regulatory Branch 417a 1 1 ��;ii.Na� Gt�,�ipy"S �l1vZS DWR-401Section ; Zvi OZ(rt�J� DWR — Public Water Supply DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office Z (Q Zo Cam^ Wwti Wildlife Resources Commission 3 DMF — Shellfish Section 2/ 70 Ahl� IKP NecQ DMF — Habitat & Enhancement DNCR — Archives & History DNCR — Natural Heritage Program NCDOT NC Dept of Commerce 11 Bodnar, From: Davenport, Ryan Sent: V Monday, February 24, 2020 1:09 PM To: Bodnar, Gregg Subject: RE: Jacksonville I recommend the permit be issued based on resource agency comments. Ryan From: Bodnar, Gregg Sent: Monday, February 24, 2020 9:49 AM To: Davenport, Ryan <ryan.davenport@ncdenr.gov> Subject: Jacksonville Hey Ryan, Any recommendations? Trying to get this one coordinated as quick as possible due to the timing. What was the issue that caused the huge delay between accepted and circulated? I haven't looked at it yet, any concerns? Thanks, G regg -D_EQ� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 2S2 808 2808 ext 22S (Office) Gre=.Wqm@ncdenr.R9Y Emall correspondence to and from ads address is subject to the North Carogna Public Records taw and may be disclosed to third parties. i' 1 ROY COOPER Governor MICHAEL S. REGAN Secretary qwN� BRAXTON DAVIS NORTH CAROLINA Dimcmr, Division ofCoavrnl 6'nvironmonial Oaalnj. Management January31, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courfer 04, 46-33) areoo.bodnar(o)ncdenr.aov SUBJECT: CAMA Major Modification Permit Application Review Applicant: City of Jacksonville Project Location: 6 locations on New River, Onslow County Proposed Project: 6 additional oyster reefs 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 February 21, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached** This agency has no comment on the proposed project. *See attached memo 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 Jenkins AGENCY //�� NCDMF/Shellfish Sanitation RECEIVED SIGNATURE�.G Wae66 , for Shannon Jenkins F E B 6 2020 DATE 2/05/2020 M-P SECTION MHD State ofNorth Carolina I Envimmnentml Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 ROY COOPER Governor MICHAEL S. REGAN Secretary STEPHEN W.MURPHEY Director November 21, 2018 MEMORANDUM TO: Gregg Bodnar, Assistant Major Permits Processing Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar@ncdenr.gov From: Matthew Stokley, Environmental Health Program Specialist Through: Shannon Jenkins, Section Chief Shellfish Sanitation & Recreational Water Quality SUBJECT: CAMA Major Modification Permit Application Review Applicant: City of Jacksonville Project Location: 6 locations on New River, Onslow County. Proposed Project: 6 additional oyster reefs Some of the sites in the proposed project would be in and adjacent to waters that are currently classified as Prohibited for shellfish harvest. While it is acknowledged the project can have beneficial results, there is also a risk that shellfish illegally harvested from this site could cause illness if consumed. The ease of accessibility increases the risk of illegal harvest by those who are unaware of the surrounding closures and potential health risks, so increased enforcement patrols by DMF Marine Patrol may be required. Marine Patrol should be notified upon completion of project construction so that closed shellfish harvesting signs can be posted, and so that modified patrol plans can be developed as necessary. DECEIVED -�>"Nothing Compares. State of North Carolina � Division of Marine Fisheries F E E (: 2020 3441 Arendeil Street I P.O. Bon 769 1 Morehead Cny. North Carolina 28557 252-726-7021 Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hai r@usace.army.miI> Sent: Wednesday, February 5, 2020 4:36 PM To: Bodnar, Gregg Subject: (External] City of Jacksonville Oyster Highway modification CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> Hey Gregg, Just wanted to let you know that I received the application distribution for the City of Jacksonville Oyster Highway permit modification. I was thinking about doing an abbreviated (2 week) notice, but after discussion in house -we are going to need to re-intitate sec 7 consultation with PRD on this one. The previous consultation went through their expedited track (approximately 2 months), so hopefully we can get this one through pretty quickly. I'll be doing a 30-day notice, hopefully will go out today or tomorrow. Thanks, Liz Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 ROY COOPER f h'r'rnw ,MICHAEL S. REGAN Samlan= BRAXTON DAVIS ::I MtYoq Un$mn q((�MRY f4f .iiGlRf�: IliCpl January 31, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-2473330 (Courler 04.16-4) dreambodnarCcS ncdenr:aov SUBJECT: CAMA Major Modification Permit Application Review Applicant: City of Jacksonville Project Location: 8 locations on New River, Onslow County Proposed Project: B additional oyster reefs Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by Fehnrary 21, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: —4-1 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 r V ° P` V- AGENCY N V f,.p f_ o f (v 1�1 rn �✓� SIGNATURE m G✓VL< DATE z/1,7/20 Smte ofNtmb Carolina i DMromtmmal Qaaoty I Cnuml MtmaSC=% 400C,>®verce Aw.M=fcad City.NC28557 (252)808.2808 F E B 1 7 2020 11,fir � I� I ROY COOPER (iRITT.nr MICHAEL S. REGAN BRAXTON DAVIS 1 Axc!nc lsairinn n fCmr.+hr( A(urteryun:enr January 31, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (C04NeQk8-33) arecg.bodnaraQncdenr.aov SUBJECT: CA MA Major Modification Permit Application Review Applicant: City of Jacksonville Project Location: 6 locations on New River, Onslow County Proposed Project: 6 additional oyster reefs Please indicate below your agency's position or viewpoint on the proposed project and retum this form to Greou Bodnar at the address above by February 21, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached** N This agency has no comment on the proposed project. _ This agency approves of the project only if the recommended changes are incorporated. See attached. mP era t This agency objects to the project for reasons described in the attached comments. VIA RfieA� P_RINT�K M1 bh4t -a- jLt,t t;r_P,t-00 AGENCY ��� P RECEIVE® $10NATURE MAR n 2020 Slate of Nord) Cmoliaa I Fm1romner4d Qua1 ty J CoasW Mmmgem i 400 Comme¢e Am Morehead City, NC 29557 (252)808.2908 Received: 02/03/2020 Historic Preservation Office January 31, 2020 ROY COOPER tone. ,,,, MICHAEL S. REGAN BRAXTON DAVIS J IIK[IIIY. /hl''/,/III)IIJ(�I/ll, h/J ER 20-0267 Due -- 02/11/2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator 65N- 400NCDEQ - Division of Coastal Management n �A� Commerce Ave., Morehead City, NC 28557 ~ /u v Fax: 252-247-3330 (Courier04-16.33) Z/I 1 /Zj20 grego.bodnar lDncdenr.gov SUBJECT: CAMA Major Modification Permit Application Review Due -- df Z01700 Applicant: City of Jacksonville Project Location: 6 locations on New River, Onslow County S- Proposed Project: 6 additional oyster reefs Please indicate below your agency's position or viewpoint on the proposed project and return dils form to Gregg Badnar at the address above by February 21, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. 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. PRINTNAME Renee Gledhill -Earley RECEIVED AGENCY Historic Preservation Office �,,,�� ���� F E B 1 9 2020 SIGNATURE � Ll.Cl� FAP SECTION 1l9 HD DATE State orNonh Catalina I E,nitanmzntxl Quality l Coastal Menaeanent FEB 0 4 2020 400 Co=ema Ave. Morehead City. NC 28557 (252)808-2808 Ly �r b January 31, 2020 MEMORANDUM: 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) areaa.bodnar0ncdenr.00v SUBJECT: CAMA Major Modification Permit Application Review Applicant: City of Jacksonville Project Location: 6 locations on New River, Onslow County Proposed Project: 6 additionafoyster reefs ROY COOPER MICHAEL S. REGAN _' BRAXTON DAVIS Please indicate below your agency s position or viewpoint on the proposed project and return this form to Greon Bodnar at the address above by February 21, 2020. If you have any questions regarding the' proposed project, contact Ryan Davenport (252)'808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 4 f)f rs S'v This agency has no comment on the proposed project. r 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 N1ci-tu:T. `lknn AGENCY N 61_I2� SIGNATURE l� DATE 3 l(a"ZO2C� r t' MAR 1 6 2020 MP SECTION MH® Sm a o(NmthCwob m I Ewuonmert l Quality i Coaaml ManeBement 400.Comm. Ave. Mo,ebead City, NC 28557 (252)808-2808 Ks2ll North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: March 16, 2020 RECEIVED MAR , r 2020 Pia SECTION 1' SUBJECT: CAMA Dredge/Fill Permit Application for City of Jacksonville, Onslow County, North Carolina Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located within six locations on the New River within Famell Bay. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661 et seq.). The applicant proposes to expand the "Oyster Highway" that received approval for six reefs in 2018 by establishing six new oyster reefs within the New River. The reefs would encompass 0.5 acre of public must waters for a total 3.11 acres of usurpation within water depths of -3' to -5' NWL. Each reef would consist of 720 oyster castle units and 900 oyster catcher patties. The structures would extend 16" off the substrate into the water column. Each boundary area would be marked by 4"x4" wooden posts with reflective bands that would extend 6' above NWL. This area of the New River is classified SC NSW by the Environmental Management Commission, is closed to shellfish harvesting and it is stated to have no SAV or significant shellfish populations in the vicinity. The NCWRC participated in the initial scoping meeting and submitted the comment sheet (13 April 2018, Dunn) that requested the project be monitored to make sure the reefs met their success criteria and did not continue to expand without success. We also requested that since the waters are closed to shellfish harvesting, that NC Shellfish Sanitation be included in any modifications. If poaching or other issues arose that affect human health, those concerns would need to be addressed immediately. While we have not received any information on the success of the previously permitted reefs, we will not object to the current proposal, but ask that monitoring results be presented so agencies can understand the success of Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 the project. If it is determined that the reefs cannot function as intended, additional material should not continue to be placed due to navigation hazards and other user group impacts. Project design, purpose and need may need to be modified to have the structures provide optimum habitat opportunities with minimal impacts to public trust use and navigation. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria dunnCdncwildlife.org MAR 1 6 2020 MIP SECTION MHD Syp a. IL i:)a'!llni, ^INdJi (fn4rl�5' January 31, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ Division of Coasta Management 400 Commerce Ave, Morehead City, NC 28557 Fax: 252 247 3330 (Courier 04.16-33) g reS]g. bod nar((Dncdenr.gov SUBJECT: CAMA Major Modification Permit Application Review App icant: City of Jacksonvii e Project Location: 6 ocations on New River, Ons ow County Proposed Project: 6 additiona oyster reefs ROY COOPER MICHAEL S. REGAN &,mlw;l BRAXTON DAVIS ni,,m,; llirlrion n! C,, rW 1lnnngrnrcvlt P ease indicate be ow your agency's position or viewpoint on the proposed project and return this form to Gsc>gr{_Bodnar at the address above by February 21, 2020. f you have any questions regarding the proposed project, contact Ryan Davenport (252) 808 2808 when appropriate, in depth comments with supporting data is requested REPLY: This agency has no objection to the project as proposed "Additiona comments may be attached`' This agency has no comment on the proposed project This agency approves of the project on y if the recommended changes are incorporated See attached This agency objects to the project for reasons described in the attached comments PRINT NAME kInAU I�d'n AGENCY M SIGNATURE DATE S(nc or Nonh ('umlinu Liminnun.mal VualipIGafiel NT mgnuoa 41HI Comm�¢c,\se. hlmdnnd Gp'. NC'2N9i1 (252)9I4-2.0% MAR 1 9 no Mir' SECTION MHD ROY COOPER Governor MICHAEL S. REGAN Secretary STEPHEN W.MURPHEY Director MEMORANDUM: TO: Gregg Bodnar, DCM Assistant Major Permit Coordinator FROM: Anne Deaton, NCDMF Habitat Assessment Program Manager SUBJECT: City of Jacksonville DATE: Mar 18, 2020 North Carolina Division of Marine Fisheries (DMF) has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The City of Jacksonville proposes as Phase II of the Oyster Highway Project to construct six additional oyster reefs - three in Farnell Bay, two in Morgan Bay, and one in New River, north of Southwest Creek. The reefs will be constructed with Oyster Castle concrete structures and Oyster Catcher structures. The total footprint of the six reefs is 135,624 ft2. The area where the reef structures will go in Farnell and Morgan bays are designated as Special Secondary Nursery Areas. There is a possibility that submerged aquatic vegetation may be present at Reef #s 9 and 10. Some patches of SAV have been documented along the shoreline, most recently during a 2015 mapping event. The footprint of the reef structures should not cover existing SAV. Both oyster reefs and SAV are critical habitat for fish and provide valuable ecosystem services, so creation of one should not impact the other. A field investigation should be conducted during the growing season (April 1 through October 30) to verify SAV presence. Sites should be moved if necessary to avoid impacts to SAV. These two sites also appear to be located in a restricted area due to the presence of unexploded ordinances (Unexploded Ordinance Zone). The Unexploded Ordinance Zone is off limits to all public use for safety reasons. The applicants should verify access to these areas. The upper reef site in New River (#12 in the Plan document) is located in an MFC designated Primary Nursery Area. To minimize disturbance of juvenile fish, DMF would request a moratorium on in -water work moratorium at this site from April 1 through September 30. While this project is a positive effort for creating additional oyster reef habitat in New River, DMF has comments regarding successfulness. First, the project description does not include any information on the monitoring of the Phase I sites. The stated success metrics are noted as oyster densities > 3 oysters per m2 , based on Powers et al. 2009. However, the Powers paper stated that >10 oysters per m2, plus evidence of recruitment in at least 1 of 2 years. Evaluating the monitoring success of the Phase I sites should be a critical part of the Phase 11 planning process. Monitoring of the AR 398 by DMF staff found limiWKEGgkvIy SVE -i Nothing Compares..-..._ MAR 1 9 PnT State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 709 1 Morehead City, North Carolitw 28557 252 726 7021 MP SECTION IIAHD s and minimal recruitment. There are three proposed sites upstream of AR 398 (Reef # 7, 11,12) that may have similar difficulty with growth and recruitment. Contact Anne Deaton at (910) 796-7311 or Anne.deatonPncdenr.gov with further questions or concerns. MAR 1 9 7020 - --^Nothing Compares.. MP SECTION MHD State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 252-T26-7021 MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, City of Jacksonville, New River Oyster Reef Highway Date: March 18, 2020 This project is consistent with the City of Jacksonville Land Use Plan. The applicant proposes to establish an oyster reef highway by constructing 6 additional oyster reefs (approximately .5 acre in size) in the New River in Jacksonville, Onslow County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW and PTA. Waters at the project site are classified as SC -NSW and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the City of Jacksonville Land Use Plan and offer the following comments. The general area of the project is classified as Military. In general, The Jacksonville LUP allows development in Military classified AECs which is consistent with the State's minimum use standards. The City of Jacksonville Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent and not in conflict with the City of Jacksonville Land Use Plan. Cc: File RECENFEM MAR 1 R 2020 RIP SECTION MHD DocuSign Envelope ID: 28CEF048-CB4F4447.BCA2-37C6807C278F ROY COOPER Covemor MICHAEL S. REGAN secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality March 25, 2020 City of Jacksonville Attn: Ron Massey & Pat Donovan -Brandenburg P.O. Box 128 Jacksonville, NC 28540-0001 RECEIVED IAA . 1 2020 MP SECTION MILD DWR Project # 2018-0260V2 Onslow County Subject Property: New River Estuary Oyster Highway, Onslow County Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Massey and Ms. Donovan -Brandenburg: You have our approval, in accordance with the attached conditions and those listed below to enhance an existing artificial reef, as described in your CAMA application dated received by the Division of Water Resources (Division) on January 31, 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 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: Amount Approved Units Plan Location or Reference Open Waters (Shallow Bottom) Approximately 3.11 acres (oyster castle units oyster catcherpatties) Figures 1 through 16, and project narrative Coastal wetlands N/A 404/401 wetlands N/A Buffers N/A E QJ� North Carolina Department of Environmental Quality I Division of Water Resources _ Wilmington Regional office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 lig�, 910.7%.7215 DocuSign Envelope 10: 28CEF048-CB4F-4447-BCA2-37C6807C278F 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. 1. 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. 2. 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. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. 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. 5. All mechanized equipment operated near or in surface waters will be regularly inspected and maintained to prevent contamination of waters from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Resources, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. 6. 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. RECEIVED LIAR 3 ' 2020 MP SECTION MHD DocuSign Envelope ID: 28CEF048-C64F-4447-BCA2-37C6807G278F .f V This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B 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 http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. 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 maybe 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: Ijsending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Ifsending 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 Robb Mairs in the DWR Wilmington Regional Office at 910.796.7215 or Robb.Mairs(a ncdenr.gov. Sincerely, CDocuSigne by. S �tm E3ASA14AC7DC454... Morella Sanchez -King, Acting Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: GC 4175 cc: Liz Hair & Greg Currey - USACE Wilmington Regulatory Field Office DWR 401 & Buffer Permitting Branch file Gregg Bodnar - DCM Morehead City WiRO MAR 3 1 2020 MP SECTION Mho® Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Tuesday, April 21, 2020 9:57 AM To: Bodnar, Gregg Subject: [External] RE: Oyster Highway External email. Do not click links or open attachments unless you verify. Send all susp c ode ema as an attachmetWi "to Ln.spam(e)nLgov Hey Gregg, 1 heard back from NMFS HCD (Pace/Fritz/Twyla) they have a monitoring condition that I am going to add. Crickets from PRD. I'll check in today -I have no idea why it is taking them so long. Liz From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Tuesday, April 21, 2020 9:53 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] Oyster Highway Hey Liz, Getting calls from Niels Lindquist about USACE comments. So I told him I would check in. Hope all is well and thanks as always, Gregg D `E Q IN Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 25Z US 28W ext 215 (Office) Gregg..Bgdn_r, nfAigm gv Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 May 5, 2020 Regulatory Division Action ID No. SAW-2017-02514 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 the City of Jacksonville to construct Phase II of the New River Oyster Highway project by construction of six additional oyster/fish reefs in waters of Farnell Bay and Morgan Bay, in the New River. The NRE is in the White Oak River Basin, the projects are located at the following locations: Reef #7 centered at 34° 41'51" N, 77' 22'27" W, Reef #8 centered at 34' 37'52" N, 77' 20'49" W, Reef #9 centered at 34' 37' 12" N, 77' 23'06" W, Reef 410 centered at 34' 37'25" N, 77' 22'33" W, Reef 411 centered at 340 40'48" N, 77° 24,61" W, Reef #12 centered at 34° 43'08" N, 770 25'51" W. The Oyster Highway Project — Phase I] New River proposes to construct six new oyster/fish reef complexes. Each reef site would be 98'X230' (22,540ft2) in area. On each reef area would be placed 720 oyster castle units and 900 oyster catcher patties. The configuration of these structures is depicted on a diagram in the application packet. The structures would extend 16" off the substrate into the water column. Each boundary area would be marked with 4"X4" wooden posts which would extend 6' above NWL. The posts would have reflective bands on all surfaces. Singe would be attached to posts identifying the oyster areas. 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: RECEIVED MAY 5 2020 MP SECTION MP, *P 4. RECEIVED # cm `"°4,tit� Pemi+ MAY 5 2020 MP SECTION WMD -2- The applicant proposes to implement the North Carolina Division of Marine Fisheries Special Permit Conditions for USACE General Permits 194 and 291 (as applicable), for all proposed six oyster reef sites, and additional measures listed below: If a listed species is seen within 100 yards of the active daily construction operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a listed species. Operation of any mechanical construction equipment shall cease immediately if a listed species is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. 2. Reef structures shall be sited and installed according to the historically permitted site clearances relative to MLW. 3. Reef structures shall not be placed on natural hard -bottom habitat. / Materials should be of sufficient size and relative density to not move from the reef site post - deployment and be clean and free from asphalt, creosote, petroleum, other hydrocarbons and toxic residues, loose free floating material or other deleterious ( substances. 5. The use of explosives to deploy materials is not authorized. 00 Reef materials shall be selected to ensure that ESA -listed species do not become entrapped in reef structures, or entangled in debris (e.g., abandoned fishing tackle, nets, and lines) that may accumulate on artificial reefs: a. Materials used for artificial reef building shall conform to the recommendations in the National Artificial Reef Plan (as Amended): Guidelines for Marine Artificial Reef Materials, Second Edition (Atlantic and Gulf States Marine Fisheries Commissions 2004). Except that derelict automobiles shall not be used and derelict vessels and military surplus shall have openings on all exposed sides adequate to prevent entrapment of ESA -listed species. Openings will be sufficient of sufficient size and quantity to allow for several points of egress for sea turtle species that may enter the structure. Any open -bottomed structure must have an opening in the top that is equal to the bottom opening or 3-11 in diameter (whichever is lesser) to allow listed species to escape. b. Military surplus and vessel structures such as ladders, rails, booms, antennas, etc. will be removed to reduce the potential accumulation of abandoned fishing tackle and lines. IL -3- Clean steel, concrete bridge or large building demolition materials such as slabs or pilings may be used provided that all steel reinforcement rods are cut at the base of the concrete so no rebar or metal is protruding. 00 Underwater reef cleanup will be performed by NCDMF divers during annual reef site monitoring events. Cleaning reefs in low visibility/high current dive conditions may present diver safety issues with the potential of divers being entangled or snagged. Staff will make every reasonable attempt to clean reef materials of debris during regularly scheduled assessments, without compromising the safety of the crew and divers. The applicant will send confirmation of cleanup to NMFS's Southeast Regional Office(36TUtakereport.nmfsser(a),noaa.eovU36T), including dates of cleanup efforts and results of the clean- up. The applicant shall follow NMFS's Sea Turtle and Smalltooth Sawfish Construction Conditions in order to further reduce interaction risk, and require all construction workers watch for sturgeon and sea turtles. Operation of any mechanical construction equipment will cease immediately if a protected species is seen within a 50-ft radius of the equipment. Activities will not resume until the protected species has departed the project area of its own volition. 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 36Thttp://www.fws. og v/nc- es/mammal/manatee euidelines.pdf36T. 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, Digitally signed by HAIR.SARAH.E HAIR.SARAH.EA.1054693 512 Ph) ON219A����:2020.4o15.005 Wilmington Regulatory F1eQd� - ice RZECEIVED MAY 5 2020 MP SECTION MH D 00. 0. -4- Mr. Paul Wojoski Division of Water Resources North Carolina Department of Environmental Quality Mr. Pete Benjamin/Mr. John Ellis U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Dr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division Mr. Fritz Rohde/Ms. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Division Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division Mr. Robb Mairs Division of Water Resources Mr. Gregg Bodnar North Carolina Division of Coastal Management RECEIVED MAY 5 2020 MP SECTION MI -ID .-I DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: City of Jacksonville (New River Estuary Oyster Highway) Major Mod 2. LOCATION OF PROJECT SITE: 6 additional locations on New River, Onslow County Latitude: 34°41.51N Longitude:77°22.27W 34037.52N 77020.49W 34037.12N 7723.06W 34037.25N 77022.33W 34040.48N 77024.01 W 34043.08N 77025.51 W 3. INVESTIGATION TYPE: CAMA, D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 12/18/19 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received-11/15/19 Application Complete- 12/16/19 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Onslow County Land Classification from LUP - Military (B) AEC(s) Involved: EW, PTA (C) Water Dependent: (yes) (D) Intended Use: Public (E) Wastewater Treatment: Existing - N/A Planned - NA (F) Type of Structures: Existing - None Planned - Oyster Reef (G) Estimated Annual Rate of Erosion: N/A Source - N/A - - -7. ---HABI-T-A-T-DESCRIP-TION:-- --- - - - - - - - - - --------- - - - -- - -- - - DREDGED FILLED OTHEtc (A)Open Water N/A 3.11ac N/A (D) Total Area Disturbed: 3.1lac (E) Primary Nursery Area: No (F) Water Classification: SC -NSW (G) Shellfish Classification: Open/Closed 8. PROJECT SUMMARY: The City of Jacksonville is proposing to establish an Oyster Highway by constructing 6 additional oyster reefs in the New River. Each site would be .5 acre in size. Field Investigation Report: City of Jacksonville Page 02 9. NARRATIVE DESCRIPTION: The City of Jacksonville project is located in the Famell Bay area of the New River. Famell Bay is located South of Jacksonville and is surrounded by Camp Lejeune on both shorelines. There are six areas within Famell Bay that the applicant is proposing man made oyster reefs. The six proposed sites all have water depths that are approximately -3' to -5' NWL. There is very little lunar tide in this area with most variations caused by wind tides. The Shoreline on both sides of this area are a mix of base infrastructure and wooded ranges. New River is 1 to 2 miles wide in this area. The substrate of Farrell bay is a mixture of silt and sand. The Division of Water Resources classifies this area of New River as SC -NSW waters. This is not a Primary Nursery Area. This portion of New River is closed to harvesting shellfish. There are no SAV's or significant shellfish populations in the areas to be disturbed. The parcel is classified in the Onslow County LUP as Military. 10. PROJECT DESCRIPTION: The City of Jacksonville is proposing to create an oyster highway by constructing six oyster reefs within the New River. Each reef site would be 98'X230'(22,540ft2) in area. On each reef area would be placed 720 oyster castle units and 900 oyster catcher patties. The configuration of these structures is depicted on a diagram in the application packet. The structures would extend 16" off the substrate into the water column. Each boundary area would be marked with 4"X4" wooden posts which would extend 6' above NWL. The posts would have reflective bands on all surfaces. Singe would be attached to posts identifying the oyster areas. These six additional proposed reef sites are part of an overall "Oyster Highway"_project as_ NC DMF-is simultaneously applying to add similar material to AR-398. The applicant has stated that continuing of monitoring will occur. The acting Commander of Camp Lejeune has provided a letter of support for this project. 11. ANTICIPATED IMPACTS: The proposed reef project would impact by usurpation 135,62482 (3.11 acres) of Public Trust bottom. Any turbidity resulting from placement of material would be temporary as the material would be placed by hand. The project should result in an overall increase in water quality and biodiversity. Hindrance to navigation could occur if reefs are not marked properly. Components of the reef framing could become dislodged or displaced by storms or wind -wave action. The reefs would also serve indirectly as living shoreline habitat. The reef sites would be accessible by shore and water to provide recreational fishing. Name: Ryan Davenport Date: 12/18/19 Morehead City ,/ Jacksonville ' is �,� J'� '�,*•• 1 .a Camp`. Morgan ,ti �,�.� Lejeune 'Camp Bay Lejeune..• Farnell''r' AR-398 — no Upper limit of . Bay oysters, DMF cultch �j•. but appropriate plantings Camp Stones salinity � B y Ljeune t e.m � current, oyster 10 km distribution WA/ L New River Estuary Oyster Highway (Phase II): Oyster Reef and Fish Habitat Enhancement Pat Donovan -Brandenburg City of Jacksonville Jacksonville, NC Niels Lindquist and David "Clammerhead" Cessna Sandbar Oyster Company Morehead City, NC Joel Fodrie UNC CH Institute of Marine Science Morehead City, NC Susan Cohen UNC CH Institute for the Environment Chapel Hill, NC RECEIVED NOV 15 2J`9 DCM-MHD CITY Note, this proposed restoration effort is identical to the CAMA application we submitted and received approval for in 2018 (permit #67-18) with the following exception: the 6 restoration sites proposed in this submission within Farnell Bay and Morgan Bay, New River Estuary, North Carolina, are separate from (in addition to) the 6 restoration sites we received approval for in permit 67-18. Please refer to attached maps and plats for description of the 6 restoration sites being proposed as part of Phase II construction. Project Summary The New River Estuary (NRE) "Oyster Highway" project (Phase I constructed under permit 67- 18; Phase H being proposed here) will create oyster habitat stepping stones in the central portion of the Estuary that will support oyster populations and ultimately supply oyster larvae to suitable substrates throughout the lower, central, and upper portions of the NRE. We will create suitable habitat for oysters using a combination of (1) an established oyster substrate (Oyster Castles® produced by Allied Concrete), and (2) a novel biodegradable substrate (a modular cement - hardened plant -fiber scaffold called Oyster Catcherrm "patties") to support oyster populations on the created stepping stone reef sites. Enhanced oyster populations will provide multiple valuable ecosystem services across the watershed, particularly related to improved water quality and provision essential fish habitat. Introduction The New River Estuary (NRE), located within Onslow County, North Carolina, is a broad shallow, periodically stratified estuary, covering an area of approximately 34 square miles (Ensign et al. 2004). The NRE is in the White Oak River Basin and the entire Estuary is classified as nutrient sensitive waters by the North Carolina Division of Water Resources. Nutrient input sources include private wastewater treatment plant discharge, septic systems, stormwater runoff related to urban development, and agricultural runoff from crop or animal production that drains to the upper portions of the NRE (DENR 2007). These nutrient inputs into the NRE have caused algal blooms, increased turbidity, and contribute to bottom -water hypoxia/anoxia during summer months (Mallin and McIver 2010). Efforts by several entities have and are taking place to improve water quality and fisheries productivity in the NRE. The City of Jacksonville built a wastewater treatment plant with land application in 1998, removing all wastewater discharges from entering Wilson Bay in the upper Estuary. Likewise, Marine Corps Base Camp Lejeune, which surrounds the majority of the NRE, built a new advanced wastewater treatment plant in 2001, fiuther reducing inputs to the river. It is believed that these inputs contributed over time to the burial of hard substrate, and that conditions are now returning to a state conducing for oyster reef persistence throughout the NRE. The City of Jacksonville continues to implement various efforts to improve water quality throughout the NRE, including creating reef foundations and adding (transplanting) millions of oysters, mussels, and clams to Wilson Bay over the last 15 years (via the deployment of suitable substrate, i.e., cultch oyster shell, and transplanting of juvenile bivalves). This is not the only effort to recover oyster populations in the upper NRE. During 2011-2012, the North Carolina Division of Marine Fisheries (NCDMF) installed an artificial reef, AR-398, utilizing recycled concrete from the Highway 17 bridge demolition. Recruitment of oysters to the Wilson Bay reef and have been characterized as low, apparently due to a lack of oyster larvae in the surroun NOV 15 2019 DCM-MHD CITY Indeed, prior to 2019, the closest known oyster populations to AR-398 are >6 km down Estuary at the northern end of Stones Bay. With net downstream flow characterizing the NRE, it is likely that oyster larvae from the spawning of extant oyster populations in the lower NRE do not reach AR- 398 or Wilson Bay. Thus, the "Oyster Highway" concept is being proposed to create stepping stone habitats for oyster populations in the region between AR-398/Wilson Bay and Stones Bay. The overarching goal of this project is to create oyster -appropriate habitats with small spatial gaps between them and increase connectivity of oyster populations in the lower NRE with those in the middle and upper NRE. Habitat restoration (including artificial reefs) and augmentation have become major tools in efforts to conserve coastal fishery resources (Christensen and Maclean 2011), as well as improve water quality. The constructed series of artificial reefs/oyster habitats will enhance existing efforts to improve water quality in the NRE and provide guidance on similar future efforts. This work aligns with the missions of the City of Jacksonville, the Coastal Conservation Association (CCA), as well as the North Carolina Wildlife Habitat Foundation (NCWHF). The City of Jacksonville's Council goals are to reduce organics, improve Water Quality, promote habitat restoration in the New River, and ensure the responsible stewardship of Jacksonville's environment and natural resources by protecting the New River and its tributaries. NCWHF is a 501(6) organization with the mission to assist in the acquisition, management, and protection of wildlife habitat within the state of North Carolina and promote conservation education for the benefit of future generations. The CCA North Carolina is a community of recreational anglers and other like-minded conservationists, working to promote sound management of public trust marine and estuarine resources for the use and enjoyment of current and future generations. For the Oyster Highway project, the team will create structured habitat appropriate for oyster settlement and growth, as well as utilization by juvenile and adult fishes (Peterson et al. 2003). Specifically, we plan to create multiple small, low -relief reefs at each site from: (1) Oyster Castles® (Allied Concrete); and (2) Sandbar Oyster Company's Oyster Catchefm Patties as the hard settlement substrate to support oyster populations on the created stepping stone reef sites. We expect the created reefs to enhance oyster habitat connectivity among the lower, middle, and upper portions of NRE, thereby improving recruitment success of oyster throughout the system. Over time, increasing oyster abundance in the mid -portion of the NRE should promote middle and upper estuary spawning and a pool of oyster larvae retained within the middle estuary that will underpin sustainable oyster populations in the region around AR-398. Enhanced oyster populations would provide valuable ecosystem services across the watershed. Monitoring of oyster recruitment and growth and fish utilization on the created stepping stone reefs over time will provide the success metrics for the blueprint guiding the de novo development of new oyster -based estuarine bottom in the NRE and similar river systems. Technical Objectives 1) Provide critically needed hard substrate presently missing from large sections of the middle NRE that would offer habitat for oysters, as well as reef -associated invertebrates and fishes; 2) Improve water quality via the establishment of sustainable oyster populations; 3) Increase fish production in the NRE by creating living habitat for juvenile and adult9J;W,,IVED 3 NOV 15 2019 DCM-MHD CITY 4) Increase public stewardship for a healthy NRE by providing easily accessible areas for locals to see and interact with restored habitat; and 5) Enhance ongoing efforts by the City of Jacksonville, UNC Chapel Hill, NCDMF, and USMC, CCA and NCWHF to improve water quality and enhance stocks of recreationally and commercially important fishes in the NRE. Site Selection: All six proposed stepping stone reef sites in Phase II restoration are in the mesohaline-to-polyhaline (5-30 ppt) waters of Farrell Bay and Morgan Bay, within the NRE, and are suitable for the growth and survival of oysters. Each of our sites are located along the shallow margins of Famell Bay and Morgan Bay (1.25-1.5 in depth at mean low water [MLW]). We have avoided the deeper portions of Farrell Bay and Morgan Bay to avoid: (1) marked boating channels; and (2) areas prone to extended periods of bottom -water hypoxia/anoxia that can kill oysters. Furthermore, all of our sites are located over un-vegetated, unstructured mud/sand bottom (confirmed by NCDMF bottom mapping survey data and our repeated site visits) that is sufficiently firth to limit the sinking of reef structures in the sites' sediments. Site Description: Each of the six sites in Phase II restoration will be defined by a footprint of 70 in * 30 in (230 ft. * 98 ft.). All six sites will be characterized by the same arrangement of oyster substrates. On one half of each site, we will deploy 90 Oyster Castle® reefs. Each Oyster Castle® reef will be comprised by 8 manufactured concrete blocks (12" * 12" * 8" [L * W * H]). These blocks are produced by Allied Concrete in Charlottesville, VA (http://www.alliedconcrete.com/materials/oyster-castles/). Each of these blocks are stackable and interlocking, and are designed to create complex, stable habitat that is suitable for oyster settlement, growth, and survival. To date, Oyster Castles® have been successfully used in estuarine habitat restoration (including living shoreline applications) in Alabama, Delaware, New Jersey, New York, South Carolina, and Virginia. Each Oyster Castle® reef will include a base layer of six blocks in a 3*2 design, capped by a second layer of two more blocks centered over the base layer. Each reef will have overall dimensions of 36" * 24" * 16". The 90 Oyster Castle® reef units in each site will have a combined footprint of 540 ft' (50 m2). On the other half of each site, we will deploy 90 Oyster Catcher" reefs. Each Oyster Catchefrm reef will be comprised by 10 manufactured patties - jute plant fiber infused with cement (12" * 4" [D * H] disks). These patties are produced by Sandbar Oyster Company in Morehead City, NC (http://www.sandbaroystercompany.com). As with Oyster Castle® blocks, the patties are stackable and interlocking, and are designed to create complex, stable habitat that is suitable for oyster settlement, growth, and survival. To date, Oyster Catchefm-based materials have been successfully used in research -scale estuarine habitat restoration (including living shoreline applications) at the UNC Institute of Marine Sciences (Bogue Sound, Carteret County), at mid - and upper -estuary sites in the Newport River (Carteret County) and at a mid -estuary site in the North River (Carteret County). Further, since 2015, Sandbar Oyster Company has used multiple different forms of Oyster CatcherTM (e.g., patties, linear rods, panels, small tuffs) to created robust oyster reefs on the company's shellfish lease in the Newport River (34' 44.557N; 760 40.314W). This lease is on an exposed sandbar often buffeted by large wind waves and strong currents. No Oyster Catchefm materials have washed beyond the boundaries of this lease, even ft8tow NOV 15 2W9 DCM-MHD CITY Matthew passed directly over this site in October 2016. Each Oyster CatcherTM reef will include a base layer of four patties in a 2*2 design, capped by a second layer of four more patties also in a 2*2 design directly on top of the base layer. These eight patties will be capped by two more patties (third and fourth layer) centered over the bottom two layers. Five vertical jute/cement poles, per reef, will be driven through the center of the "donut holes" of the patties to ensure the stability of reefs on site. Each reef will have overall dimensions of 24" * 24" * 16". The 90 Oyster CatcherTm reef units within each site will have a combined footprint of 360 ft (33 M2). The vertical relief of the Oyster Castle® (16") and Oyster CatcherTM (16") reefs will be kept low since bottom water hypoxia/anoxia on the proposed sites is not anticipated to be a problem, and this will accommodate boats that may wish to access the sites. At ML W, the tops of Oyster Castle® and Oyster Catchefm reefs will be 3343 inches below the water surface (site dependent). In each site in Phase II restoration, both the Oyster Castle® and Oyster CatcherTM reefs will be arranged as 6 rows of 15 reefs (90 of each type, 180 total). Within each row, individual reefs will separated by 2 in, while rows will be separated by 4 in (except between the 3rd and 4 h row, which will be separated by 8 in to facilitate the movement of boats/people within the site). An 8-m gap will also divide the rows of Oyster Castle® reefs from the Oyster Catcher' reefs. The border of each site will include a 3-m buffer around all reefs (180 total individual reefs in each site). Collectively, the six sites in Phase II restoration will comprise an area of 135,624 ft2 (12,600 m2); including the spacing/buffering between individual reefs. The footprint of the Oyster Castle® reefs will be 3,240 ft (301 m2), and the footprint of the Oyster CatcherTM reefs will be 2,160 ft(201 ra). The substrates we are using should not entrap protected species as no large (> 2 in) gaps exist in these substrates. Furthermore, these substrates are not comprised of petroleum products (e.g., creosote or asphalt materials). Construction: Oyster Castle® and Oyster CatcherTM reefs will be deployed from small skiffs or barges, loaded at Sturgeon City, Jacksonville, NC. Placing the material by hand will ensure that no fishes, reptiles, or mammals are trapped underneath the deployed substrates. Furthermore, we will assign 1 person to serve as lookout during construction to alert project members if a turtle or manatee is observed in the vicinity, at which point deployment of substrate materials would be suspended until at least 30 minutes after the last sighting of the turtle or manatee. However, sighting of either manatees or turtles are exceedingly rare (i.e., essentially non-existent) in this section of the NRE. For instance, Cummings et al. (2014) reported no sightings or strandings of manatees in -or -upstream of Stones Bay during a period of 1991-2012 (and only 3 total sightings throughout the NRE — all in the lower section). Similarly, Epperly et al. (1995) reported an average of only 1 public reporting/sighting of sea turtles per year in the NRE. During 2019 construction of Phase I reefs, no protected species were reported injured or even observed in the vicinity of underway operations. Out of an abundance of caution, we will also follow protocols adopted by NCDMF in the construction of AR-398 to ensure protected species are not negatively impacted. Site Demarcation: Each site will be marked by 4" posts that delineate corner boundaries (4 posts per site). Each post will extend 6' above MLW, and will include reflective bands thqkM NOV 15 2019 DCM-MHD CITY 360° around. Each post will also include signage indicating: (1) project name; (2) funding sources; (3) prohibition of oyster (shellfish) harvest [sites will be designated as shellfish research reserves via coordination with NCDMF]; (4) project team contact information. Monitoring Plan: In the two years post -construction (and potentially longer pending funding), we will make quarterly visits to all sites to: (1) evaluate oyster density, growth, and survivorship; (2) assess fish and crustacean use of sites; (3) inspect sites for marine debris; and (4) inspect sites and surrounding bottom for displaced Oyster Castle® and Oyster Catcher material. Oyster sampling will follow our established quadrant -based approaches (e.g., Fodrie et al. 2014, Ziegler et al. 2017) for replicate measures of oyster populations. These approaches are only modestly invasive, requiring snorkelers to remove clumps of oysters in 0.10 m2 samples. To sample fishes and crustaceans, we will use novel Dual Frequency Identification Sonar (DIDSON) imaging technology (hgp://www.soundmetrics.com/), which we already have experience with from other oyster reef research, including NREOH Phase I monitoring. This technology is effective in turbid or low -light environments and is commonly used to estimate fish abundance, length and biomass, as well as to characterize habitat features. Fish as small as 40 min can readily be distinguished (Able et al. 2014). DIDSON sampling is non-destructive and does not require the placement of nets/traps that could threaten protected species. During each quarterly site visit to Phase II reefs, we will snorkel by all 180 reef structures at each site, removing any human debris such as bags, fishing gear, etc. If we notice that reef units are missing Oyster Castle® blocks or Oyster CatcherTM patties, we will conduct a 50-m search (regardless of site boundaries) to locate and reposition any displaced material. If continued monitoring funding cannot be secured for 2+ years post restoration, we will use internal resources to continue checking sites for debris and displaced material for 5 years post construction. Timeline: Fundraising efforts have been underway since early 2017, primarily via NCWHF and CCA NC, and funds are now in hand to complete the proposed restoration project. During the first six months of 2019 (January -June), we will acquire all Oyster Castle® and Oyster CatcherTM units/patties needed for this project. During June -July, 2019, we will construct the Oyster Castle® and Oyster Catcher reefs. Monitoring (oyster and fish counts) will continue quarterly for two years, and subsequently, sites will be inspected annually for debris removal for an additional 3 years to ensure that reef material remains on site. We will remove any debris we find, and return any reef material we located that has moved out of the site boundary (none anticipated based on past material performance). Success Metrics: We consider the following outcomes as indicators of success: 1) The establishment of six Oyster Highway sites (540 Oyster Castle® and 540 Oyster CatcherTM reefs) will immediately provide new structurally complex fish and crustacean habitat in the NRE. 2) Oyster densities >3 m2 on reef sites (per Powers et al. 2009). 3) The opportunity to conduct rigorous scientific assessments of how alternative substrates support oyster populations will inform future restoration efforts in the NRE and beyond. 4) The persistence/stability of oyster communities underpinned by Oyster Castle® and Oyster Catcher TM material on site, and the absence of material moving beyond our proposed site boundaries. RECEIVED 6 NOV 15 2019 DCM-MHD CITY Literature Cited Able KW, Grothues TM, Kemp IM (2013) Fine -scale distribution of pelagic fishes relative to a large urban pier. Marine Ecology Progress Series 476: 185-198. Christensen, V. and J. Maclean (eds.), 2011. Ecosystem approach to fisheries: a global perspective. Cambridge, New York: Cambridge University Press, 325 p. Cummings, EW, DA Pabst, JE Blum, SG Barco, SJ Davis, VG Thayer, N Adimey, and WA McLellan (2014) Spatial and Temporal Patterns of Habitat Use and Mortality of the Florida Manatee (Trichechus manatus latirostris) in the Mid -Atlantic States of North Carolina and Virginia from 1991 to 2012. Aquatic Mammals 40:126-138. DENR (NC Department of Environment and Natural Resources). 2007. White Oak River Basin - wide Water Quality Management Plan. North Carolina Division of Water Quality - Water Quality Section, Raleigh, NC. Ensign, S.H., J.N. Halls, and M.A. Mallin. 2004. Application of digital bathymetry data in an analysis of flushing times of two large estuaries. Computers and Geosciences 30(5): 501-511. Sheryan P. Epperly, SP, J Braun, and A Veishlow (1995) Sea Turtles in North Carolina Waters. Conservation Biology, 9:384-394. Fodrie, FJ, AB Rodriguez, CJ Baillie, MC Brodeur, SE Coleman, RK Gittman, DA Keller, MD Kenworthy, AK Poray, JT Ridge, EJ Theuerkauf, and NL Lindquist (2014) Classic paradigms in a novel environment: inserting food -web and productivity lessons from rocky shores and saltmarshes in to biogenic reef restoration. Journal of Applied Ecology 51: 1314-1325. Mallin, M.A. and M.R. McIver. 2010. New River Estuary Water Quality 2008-2009. A report to the Environmental Management Division of the U.S. Marine Corps, Camp Lejeune, North Carolina. Newell, R., T. Fisher, R. Holyoke and J. Cornwell. 2005. Pages 93-120. In: The Comparitive Roles of Suspension Feeders in Ecosystems. R. Dame and S. Olenin, eds. Vol. 47, NATO Science Series: IV — Earth and Environmental Sciences. Springer, Netherlands Peterson, C.H., Grabowski, J.H. and Powers, S.P., 2003. Estimated enhancement of fish production resulting from restoring oyster reef habitat: quantitative valuation. Marine Ecology Progress Series, 264, pp.249-264. Powers, S.P., Peterson, C.H., Grabowski, J.H. and Lenihan, H.S., 2009. Success of constructed oyster reefs in no -harvest sanctuaries: implications for restoration. Marine Ecology Progress Series, 389, pp.159-170. Smyth, A.R., M.F. Piehler, and J.H. Grabowski. 2015. Habitat context influences n4mutTffal by restored oyster reefs. Journal of Applied Ecology 52 (3): 716-725. NOV 15 Z019 DCM-MHD CITY Ziegler, SL, FJ Fodrie, CJ Baillie, and JH Grabowski (2017) Effects of landscape setting on oyster reef structure and function persist more than a decade post restoration. Restoration Ecology DOI: 10.1111 /rec.12651. RECEIVED NOV 15 2M DCM-MHD CITY Permit Class NEW 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 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to City of Jacksonville, PO Box 128, Jacksonville, NC 28540 Permit Number 67-18 Authorizing development in Onslow County at within Farrell Bay & the New River, near CM Lejeune & the City of Jacksonville , as requested in the pernittee's application dated 6/6118, narrative dated "Received DCM-MBD City 1/19/18, Incl. att. workplan drawings (29), all dated "Received DCM MHD City 1/19/18". This permit, issued on June 29, 2018 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Oyster Reef Authorized Development 1) Unless specifically altered herein, this permit authorizes the creation of six (6) 0.5 acre oyster reef sites, located in Farrell Bay, New River, all as depicted in the attached permit application, project narrative, and workplan drawings. 2) In accordance with commitments made by the permittee, reef construction within the site shall be accomplished using prefabricated structures known as Oyster Castles and Oyster Catchers, all as depicted in the attached workplan drawings Figures 4b-d, 5b-d, 6b-d, 7b-d, 8b-d, 9b-d,10, 12, 15. All materials shall be free from loose dirt or pollutants except in trace quantities. i Lcj (See attached sheets for Additional Conditions) NOV 15 20 iDc _ This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and t5t qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. 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, 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program V" f Braxto C. Davis, Director ivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee City of Jacksonville Permit 1W 18 Page 2 0 J918 D ADDITIONAL CONDITIONS NOV 15 2019 3) No material shall be placed at any time in any waters outside of the alignment of the frMln4i;a on the attached workplan drawings. Any expansion of the reef beyond the six (6) 0.5 acre oyster reel sites described in the application, or the use of other materials, shall require additional authorization. 4) The permittee shall install and maintain at his expense any signal lights, signals, or signage prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized oyster reef site. At a minimum shall be marked at each comer of the six (6) 0.5 acre oyster reef sites. 5) The permittee shall be required to repair, maintain and/or remove any components of the oyster reefs that are displaced from the oyster reef site boundaries as depicted in attached workplan(s). The permittee shall be responsible for removing all portions of the reef should the site be terminated or displaced beyond repair. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 6) In accordance with commitments made by the permittee, each of the six (6) oyster reef sites shall be located, at the time of construction, with a 50 meter buffer from all submerged aquatic vegetation. The permittee is advised that any proposed expansion of the oyster reef sites may be affected by evidence of submerged aquatic vegetation. NOTE: Future development of the permitted Oyster Reef sites or additional sites 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. USACE Conditions 7) If a federally listed species is seen within 100 yards of active daily construction operations or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include the cessation of operation of any moving equipment within 50 feet of a listed species. Operation of any mechanical construction equipment shall cease immediately if a listed species is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. 8) Reef materials shall be selected to ensure that ESA -listed species do not become entrapped in reef structures, or entangled in debris (e.g., abandoned fishing tackle, nets, and lines) that may accumulate on artificial reefs: a. Materials used for artificial reef building shall conform to the recommendations in the National Artificial Reef Plan (as Amended): Guidelines for Marine Artificial Reef Materials, Second Edition (Atlantic and Gulf States Marine Fisheries Commissions 2004). Except that derelict automobiles shall not be used and derelict vessels and military surplus shall have openings on all exposed sides adequate to prevent entrapment of ESA -listed species. Openings will be sufficient of sufficient size and quantity to allow for several points of egress for sea turtle species that may enter the structure. Any open -bottomed structure must have an opening in the top that is equal to the bottom opening or 3-ft in diameter (whichever is lesser) to allow listed species to escape. b. Military surplus and vessel structures such as ladders, rails, booms, antennas, etc. will be removed to reduce the potential accumulation of abandoned fishing tackle and lines. Clean steel, concrete bridge or large building demolition materials such as slabs or pilings may be used provided that all steel reinforcement rods are cut at the base of the concrete so no rebar or metal is protruding. City of Jacksonville Permit No. 67-18 Page 3 of, ADDITIONAL CONDITIONS 1VOV 1 5 2019 9) Materials shall be of sufficient size and relative density to not move from the reef site post -deployment and be clean and free from asphalt, creosote, petroleum, other hydrocarbons and toxic residues, loo)wCIT free-floating material or other deleterious substances. 10) Underwater reef cleanup will be performed by NCDMF divers during annual reef site monitoring events. Cleaning reefs in low visibility/high current dive conditions may present diver safety issues with the potential of divers being entangled or snagged. Staff will make every reasonable attempt to clean reef materials of debris during regularly scheduled assessments, without compromising the safety of the crew and divers. The applicant will send confirmation of cleanup to NMFS's Southeast Regional Office (36TUtakereport.nmfsser@noaa.govU36T), including dates of cleanup efforts and results of the clean- up. 11) The applicant shall follow NMFS's Sea Turtle and Smalltooth Sawfish Construction Conditions in order to further reduce interaction risk, and require all construction workers watch for sturgeon and sea turtles. Operation of any mechanical construction equipment will cease immediately if a protected species is seen within a 50-ft radius of the equipment. Activities will not resume until the protected species has departed the project area of its own volition. 12) 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 36Thttp://www.fws.gov/nc- es/mammal/manatee_guidelines.pdf36T. General 13) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters adjacent to the authorized work. 14) Any mitigative measures or environmental commitments specifically made by the applicant for this project shall be implemented, regardless of whether or not such commitments are addressed by individual conditions of this permit. 15) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 16) The permittee shall notify the NC Division of Marine Fisheries, Marine Patrol Section, after the completion of the six (6) Oyster Reef sites so closed shellfish harvest signs can be posted. 17) 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. 18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. City of Jacksonville Permit No. 67-18 Page 4 of 4 ADDITIONAL CONDITIONS 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: This permit does not convey any rights, either in real estate or material. NOTE: It is recommended the permittee contact the NC DMF Fisheries Management Section to inquire if a Research Sanctuary designation would be appropriate to protect the demonstration site from shellfish harvest by the public. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2017-02514) issued 6/28/18. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4144 and assigned the project DWR Project No. 2018-0260 issued 3/29/18. 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. RECEIVED NOV 15 Z;19 DCM-MHD CITY UNITED STATES MARINE CORPS MARINE CORPS INSTALLATIONS EAST -MARINE CORPS BASE PSC BOX 20005 CAMP LEJBUNE NC 28542-0005 5700 G-7 DECA 1 7017 The Honorable Mayor Sammy Phillips Mayor of Jacksonville Jacksonville Onslow Chamber of Commerce 1099 Gum Branch Road Jacksonville, NC 28540 Dear Mayor Phillips: Thank you for your letter regarding the City of Jacksonville's Oyster Highway/New River dated 4 December 2017. Camp Lejeune applauds the City's continuing efforts to spearhead the Oyster Highway initiative. Our research confirms this initiative has potential to greatly increase filtration of the New River waters. Unfortunately, Federal law prohibits us from using appropriated funds for other than their appropriated purpose, and non -appropriated funded activities (such as Marine Corps Community Services) must only spend their funds in support of their activities; both conditions are absent in this project. As always, we appreciate Jacksonville's cooperative approach to all issues involving or potentially effecting our Marines, Sailors, their families, and our civilian workforce. Sincerel y�L. SCALISE Colonel, U.S. Marine Corps Acting Commander RECEIVED NOV 15 2019 DCM-MHD' CITY Coastal Management ENVIRONMENTAL OOALITY Jacksonville Daily News Re: Public Notice —City of Jacksonville Dear Sir: ROY COOPER Cimemar MICHAEL S. REGAN seeretaty BRAXTON DAVIS DOrcror 1/14/2020 Please publish the attached Notice in the 1/17/20 issue of the Jacksonville Daily News. The State Office of Budget and Management require an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jessica Gibson, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, J. Ryan Davenport Coastal Management Representative Enclosure cc: Roy Brownlow, District Manager Jonathan Howell, Major Permits Coordinator State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 i- - NOTICE OF FILING OF APPLICATION FOR CAMA The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 12/16/19. According to the application, the City of Jacksonville applied to construct six oyster reefs in the New River. A copy of the entire application may be examined or copied at the office of Ryan Davenport, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808 2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 2/5/2020 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. PUBLISHED ON: 1/17/20 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 Coastal Management ENVIRONMENTAL QUALITY City of Jacksonville C/O Pat Donovan -Brandenburg PO Box 128 Jacksonville, NC 28540 Dear Ms. Donovan -Brandenburg: ROY COOPER Gnvrm"r MICHAEL S. REGAN Secmtary BRAXTON DAVIS D"da"r 1/6/20 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development in the New River. The complete package was received on 12/16/19. The projected deadline for making a decision is 2/25/20. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from 12/16/19, 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, J. Ryan Davenport Coastal Management Representative Enclosure cc: Jonathan Howell, Major Permits Coordinator Roy Brownlow, District Manager/Compliance Coordinator State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 n I 11 Ili A K l T. NO T 1 (01$ 17,j AMA PERMIT 311ao FOR M014E DETAILS CONTACT Coastal Management ENVIRONMENTAL QUALITY Jacksonville Daily News Re: Public Notice —City of Jacksonville Dear Sir: ROY COOPER c... ..,,,,, MICHAEL S. REGAN N"""'n BRAXTON DAVIS 0"v' IN' Please publish the attached Notice in the 1/12/20 issue of the Jacksonville Daily News. 9/23/19 The State Office of Budget and Management require an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jessica Gibson, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, J. Ryan Davenport Coastal Management Representative Enclosure cc: Roy Brownlow, District Manager Jonathan Howell, Major Permits Coordinator State of North Carolina I Environmental Quality [ Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 NOTICE OF FILING OF APPLICATION FOR CAMA The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 12/16/19. According to the application, the City of Jacksonville applied to construct six oyster reefs in the New River. A copy of the entire application may be examined or copied at the office of Ryan Davenport, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808 2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 1/31/20 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: 1/12/20 State of Nonh Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Manhead City, NC 28557 252 808 2808 'This is a word processing form to be completed in Microsoft Word"' NC Division of Coastal Management Applicant: City of Jacksonville (Major Mod) 1/6/20 Project Site County: Onslow Staff., JRD District: ❑Elizabeth City []Washington ®Morehead City ❑Wilmington Project Name: Oyster Hwy Rover File: N/A Date df initiafapplicatidn sutimitfal'(EX' 1/it/200711/15/19 Date application "received as complete" in the Field office (EX., 11812007) 12/16/19 Permit Authorization: ®CAMA ®Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes ®No Photos Taken: Yes® No[] Setback Required (riparian): ❑Yes No Critical Habitat: [-]Yes ®No []NotSure 15 foot waiver obtained: El Yes ®No Hazard Notification Returned. ❑Yes ®No SAV., ❑Yes ®No ❑Not Sure Shell Bottom: ❑Yes ®No ❑ Not Temporary Impacts: ®Yes ❑No Sure Sandbags: ❑ Yes ®No ❑ Not Sure Did the land use classification come from Mitigation Required (optional): county LUP.-®Yes ❑No ❑Yes ®No Moratorium Conditions: ❑Yes ❑No Environmental Assessment Done: ®NA ❑Yes ®No ®NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORM - --- WETLANDS IMPACTED ---- El (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlemsh (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/D&F up to 1 acre; 3490 can be applied - $250 ❑ Minor Modification to a CAMA Major ® Major Modification to a CAMA Major ® IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 252-803.2803 :: 1-6884FCOAST :: 021131,30 NC DIVISI®n Of tCOSISW Mg4m APPOIC8NO ➢ C®&68PUteV Sheet. Paae a of 41 ❑ Major development extension request - ❑ 11. Public or commercial/no dredge $100 and/or fill - $400 ❑ 1. Private no dredge and/or rill - $250 ❑ III(C) Priv. public or comm w/D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 revised 02115/10 MC Division off Coastal Mgt. Application R;®eeePe teF Sheet, Page 3 of 4) Applicant: City of Jacksonville Date: 116120 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. Number TYPE Choose One REPLACE Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 Fill 5 98' 230' New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N - - - ----_ _. - ---- — New Work ❑ --Main! --- - -El Replace -y--❑ N - New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint El Replace ❑Y[IN New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Wotk❑ Maint [I Replace ❑Y❑N NewWodr❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N revised 02115/10 MC DIVOSOon of Coastap Mgt Apap Hcatp®aa C®M PUtea Sheet, Page 3 of 4) Applicant: City of Jacksonville Date: 116120 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/ortemp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restorationandior temp impact amount Open Water Fill 3.11ac 3.11ac Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-308-2803 !- I-P6842CO ST :: ,'cue^,i.we�aas3a0aruaeoawe�eeese4.med TeVj0V N NC Division of Coastal Management Cashier's Official Receipt Received From: Li f -3, f knDn VJI e Permit No.: Yt'i.Q n r Applicant's Name: SRN.-Q. Project Address: i 11480 AB C D Date: 100 20 1 $ 0 JV. DO Check No.:y�� County: On$ low% Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Signature of Field Representative:lEta/t�L Date: Date: I'� r MAJOR PERMIT FEE MATRIX MATRIX Applicant: L\_ c -a Selection Development Type Fee DCM % DWQ % (14300 1601 4351000931625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands en water areasblic or commercial opment that does not $400 100%($400) 0%($0) e the filling or ation of any wetlandsen water areas: ff Modification to $250 100%($250) 0%($0) Major ermit r development thqa17 es the filling and/or ation of up to 1 acre tlands and/or open water areas, determine if A, B, C. or D below applies: III(A). Private, non - El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be a lied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or c life: If General Water y Certification No. $400 60% ($240):] 40% ($160) 44097(seeattached)l cannotlied: r development thatEl es the filling and/or $475 60%($285) 40%($190) xcavation of more than one acre of wetlands and/or open water areas: 0 January 31, 2020 MEMORANDUM., FROM Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-16-33) greaa.bodnarna.ncdenr.Qov SUBJECT: CAMA Major Modification Permit Application Review Applicant: City of Jacksonville Project Location: 6 locations on New River, Onslow County Proposed Project: 6 additional oyster reefs ROY COOPER Garernnr MICHAEL S. REGAN 3eerelary BRAXTON DAVIS Areelar, Omsian ofCoanal 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 February 21, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT 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. Statc of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 29557 (252) 808.2808 DCM Coordinat re Bo ar Distributed Yes® No ❑ Applicant: �d�C�LSDYIV(� Distribution Date:, 31 'Pogo 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) USCOE (NC DOT) (Brunswick, New Hanover) DOT - TomSteffans— (Beaufort, Carteret, DOT Brad Shaver Craven, Pamlico (Brunswick, New Hanover, Onslow, Pender) Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Brunswick) Lee Padrick (Beaufort Carteret Craven, Eliz Lee Padrick (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 Curt Weychert VACANT 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 Hall Roger Thorpe DWR401 Robb Mairs(CarteretNew Hanover Anthony Scarbraugh Onslow, Pender,) Chad Coburn (Brunswick) (NC DOT) Joanne Steenhuis Brunswick, New Garcy Ward Hanover, Onslow, Pender WRC Maria Dunn (WARD) Maria Dunn (WARD) WRC (NC DOT) Travis Wilson Travis Wilson Natural Heritage Program Rodney Bulter Rodney Bulter T:\Amanda\Major Permit Processing\2020 Admin forms\Maj Comment Distribution Sheet 2020.docx Revised : 5/7/2019 Q ol Pvoo(� RECEIVED � � t A-�