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HomeMy WebLinkAbout94-20 NC Division of Mitigation ServicesPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 94-20 Issued to NC Division of Mitigation Services, 1652 Mail Service Center, Raleigh, NC 27699 Authorizing development in Hyde County at in Pamlico Sound alone Gull Shoal, 3 NM south of Long Point , as requested in the permittee's application dated 3/26/20 (MP-1,4) and 2/25/20 (MP-2), including attached workplan drawings (5), Sheets 1-4 of 4 dated 12/19 and Stockpile Site Location dated 1/10/20. This permit, issued on September 24, 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 :)r mese terms may be subject to Imes, imprisonment or civil action; or may cause rile permit to be null and void. Oyster Sanctuary Authorized Development 1) Unless specifically altered herein, this permit authorizes the creation of the 42-acre Gull Shoal Oyster Sanctuary, located along Gull Shoal, approximately 3NM south of Long Point, in the Pamlico Sound, all as depicted in the attached permit application, project narrative, and workplan drawings. Reef Structure 2) In accordance with commitments made by the permittee, reef construction within the site shall be accomplished using granite rip rap and prefabricated reef structures, as depicted in the attached workplan drawings. All materials shall be free from loose dirt or pollutants except in trace quantities. (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 Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pertnittee plop,. ,v NC Division of Mitigation Services Permit No. 94-20 Page 2 of 3 ADDITIONAL CONDITIONS 3) The Swan Island Oyster Sanctuary shall be marked with signage as determined by the USCG private aids to navigation. 4) The permittee shall be required to repair, maintain and/or remove any components of the reef that are displaced from the site boundaries as depicted in attached workplans. The permittee shall be responsible for removing all portions of the reef should the site be terminated or displaced beyond repair. 5) In accordance with commitments made by the permittee, no reef material will exceed the minimum vertical clearance as determined by the National Ocean Service. Stockpile Site 6) In order to protect water quality, runoff from loading operations shall not visibly increase the amount of suspended sediments in adjacent waters. 7) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. USACE Conditions 8) The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 9) The permittee will implement the conservation recommendations developed with NCDMF, NOAA, and USACE as part of the programmatic consultation for DMF's artificial reef program (NOAA 2019). General 10) 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. 11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2020-01134). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2020-0865. NC Division of Mitigation Services ADDITIONAL CONDITIONS Permit No. 94-20 Page 3 of 3 NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that many land disturbing activities are not authorized within 50 feet of the normal high water level unless specifically exempted by Environmental Management Commission's (EMC) Tar Pamlico River buffer regulations in place at the time of such development. 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. r DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: _ N (__.0�. J Type: (Check all that apply) New Y .... Major Mod ___.._......... Permitk Minor Mod _ Permit Coordinator: Field Representative:— Date/Time qof Ta 10-� rtvitw 'Iuko 0,� tV'Kv�lv✓ % I rcS 1=R. �i3J alto Message I ,^ ,� 1 f C DCM Coordinator: �oCar.11 Permit #: Y ` o MAILING DISTRIBUTION SHEET '/ Permittee: �G 5c�o �� K4 ��s5 Z i 5X�wicx_ �� ��t•'i'�t,+v G 974l Agents:ltA Klr lgg",,7r c o✓ �otirrE �ra(Q •���i4o( i ►lN �" ` �" DCM Field Offices Elizabeth City Washington 5t4-'ft kn (with revised work plan drawings) Morehead City Wilmington (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: 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) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARO) Jimmy Harrison Washington: Anthony Scarbraugh-401 t//tnS 'Rj(t4".V w Roger Thorpe-Stormwater -4 v Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs-401(Brunswick,New Hanover) Holley Snider —401 (Carteret, Onslow, Pender) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program LPO: Maria Dunn (WARD) r Rodney Butler (NCDOT) Travis Wilson NC Division of Mitigation Services Pamlico Sound Oyster Sanctuary Mitigation Site CAMA Permit Narrative Project Purpose, Need, and Scope The North Carolina Division of Mitigation Services (DMS) has been allotted funds by the U.S. Army Corps of Engineers (USACE) to design and build an artificial oyster sanctuary in Pamlico Sound, North Carolina. The sanctuary is intended to satisfy mitigation requirements for habitat impacts associated with the deepening of Wanchese Harbor, a component of the Manteo (Shallowbag) Bay, North Carolina navigation project. It will provide 17 hectares (42 acres) of oyster habitat. The project consists of creating a new, subtidal oyster sanctuary located in the open waters of the Pamlico Sound approximately 4.8 kilometers (3 miles) due south of Long Point in Hyde County (Figure 1). The location is near a significant shoal formation called Gull Shoal. One new sanctuary site is proposed with two subareas: one that is approximately 4 hectares (10 acres) in size and the other totaling 13 hectares (32 acres). The two subareas are separated by approximately 152.4 meters (500 feet). The permitting area for the project surrounds the two subareas and is approximately 65 hectares (161.8 acres) in size. Figure 1. Location map for Pamlico Sound Oyster Reef `Ilea hobo l«way Y4� The design calls for 60 individual reef structures that are trapezoidal in shape with dimensions of 45.7 meters by 8.5 meters (150 feet by 28 feet) and totaling 2.23 hectares (5.5 acres) of footprint. Each structure includes a 0.3-meter (1-foot) bedding stone layer of NC Department of Transportation (NCDOT) Class A rip rap (granite) placed on the sound floor to minimize settlement. Layered on top of the bedding stone is RECEIVFMCEIVED MAY 2 S 2020 JUL 01 2020 DCM-W C -MO CITY DMS Pamlico Sound Oyster Sanctuary Mitigation Site CAMA Permit Narrative 1.2 meters (4 feet) of NCDOT Class I rip rap or a maximum height of 1.5 meters (5 feet). Individual structures are separated by 23 meters (75 feet). See design plans for additional details (Attachment A). Currently there are soft bottom sediments at the site. This habitat will be replaced by 2.23 hectares (5.5 acres) of oyster reef based on reef structure footprint. There are no hard bottom, submerged aquatic vegetation (SA V), oyster reef, primary nursery areas (PNAs), wetlands, or other benthic habitat at the site. The primary purpose and need of the project (i.e., the Preferred Alternative) is to construct a 17-hectare (42-acre) artificial oyster sanctuary to serve as Estuarine Subtidal-Mollusk habitat mitigation for wetland impacts stemming from the dredging of Wanchese Harbor. In addition, the project will address oyster population decline and the lack of oyster larval supply in the Pamlico Sound, while also providing long- term environmental benefit and ecosystem services. An environmental assessment (EA) was prepared to support the evaluation of alternatives and analysis of potential impacts. The document is provided as an attachment to the permit application (Attachment B). In addition to the primary purpose of the project, the sanctuary helps to address the overall need to restore oyster populations in the Pamlico Sound. Oyster populations have declined in North Carolina waters as a result of overharvest, habitat destruction, disease, and pollution (DMF, 2001; Deaton et al., 2010). Restoration of eastern oysters, Crassostrea virginica, is needed in the Pamlico Sound to address this decline given the important role of oysters for healthy estuarine ecosystem function. Some of the most important ecosystem services include enhancing estuarine biodiversity, increasing production of fish and invertebrates, improving water quality by filtering sediment and rnicroalgae, and stimulating denitrification (Dame et al., 1984; Lenihan & Peterson, 1998; Nelson el al., 2004; Newell et al., 2002; Peterson et al., 2003; Powers et al., 2009). Oyster reefs also benefit recreational and commercial fisheries (i.e., finfish species) and other marine species by providing habitat, refuge, and feeding opportunities (DMF, 20I5). The Division of Marine Fisheries (DMF) and their partners have been developing oyster sanctuaries across the Pamlico Sound to promote high density broodstock that provide oyster larval production and distribution among the larger ecosystem as part of the Oyster Sanctuary Program (DMF, 2015). To date, DMF and their partners has been involved in the development of more than 15 oyster sanctuaries, some under development, across the Pamlico Sound region. Larval availability has been traditionally lower in the western Pamlico Sound. DMF's long-term plan is to develop additional reef sites that would contribute to the macro -scale larval supply in the region. Construction Methodology Reef Construction Artificial oyster reef structures will be deployed using barges at least 200 feet by 50 feet. Rock material will be placed in the water directly offthe barge with a bobcat orfront-end loader in the locations designated in the engineering plans. Excavators and long reach equipment will be available in the working area to reposition any rock material that is misaligned. Stockpile Site Several potential stockpile sites were investigated in Hyde County. The focus of the search was to find state or county -owned land that had at least 0.5 acres available and access to a navigable waterway. Out of four potential sites investigated, the Engelhard site is being carried forward for permitting. See Figure below. RECEIVED MAY 2 8 2020 �aECEIVED DCM-WARD JUL 01 2020 )CM-MHD CITY DMS Pamlico Sound Oyster Sanctuary Mitigation Site CAMA Permit Narrative Figure 2. Stockpile site map The Wanchese Seafood Industrial Park's address is 114 Hill Street in Engelhard. In total the property is about 3.2 hectares (8 acres) in size, a half -acre section in the southwest comer of the property has been identified as a suitable stockpile site. There is a paved road that goes down the middle of the property which would allow for easy access to the site from land. The half -acre stockpile area has been placed well outside of the 75-foot zone bordering the estuarine open water Area of Environmental Concern (AEC). Half of the property has a building on it, which is being leased to a tenant. Use of this site should not interrupt the daily operations for the tenant on the other side of the property. The property is situated off Far Creek which is a United States Army Corps of Engineers maintained harbor. This suggests the site would provide sufficient navigation depth for a barge. The widest part of Far Creek harbor is about 76 meters (250 feet), which would not allow for a 61-meter (200-foot) long barge to turn around. The site presents waterfront access issues with the presence of four abandoned trawlers lining the waterfront of the property. The trawlers are made of wood and steel and are about 24 meters (80 feet) long. The waterfront of the property is also lined with an old pier/boardwalk and pilings which would likely need to be removed by the contractor. A letter of consent for use of the property is attached (Attachment C). Reef construction materials will be brought to the site in metal bins and will not be piled loosely in the stockpile area. The metal bins will be lifted either with a crane or bobcat for placement on the barge. RECEIVED MAY 2 B 2020 RECEIVED DCM-WARO JUL 012020 ')CM-MHD CITY DIAS Pamlico Sound Oyster Sanctuary Mitigation Site CAMA Permit Narrative Environmental Concerns Water Quality The placement of stone at the reef site will result in minor turbidity increases during construction. However, this will remain localized and temporary. The proposed action will not contribute to point or non -point sources of pollutants and will not have long-term adverse impacts on water quality. Establishment of oysters on these constructed reefs will have positive benefits to water quality and no long-term, adverse impacts are expected. SAY DMF defines SAV as rooted plants that remain submerged during all tidal fluctuations. North Carolina has eight plant species that can be found in SAV beds. In North Carolina, SAV is usually found in waters that are less than 2 meters (6 or 7 feet) deep due to turbidity and sunlight penetration. A review of available SAV data from the Albemarle -Pamlico National Estuary Partnership (APNEP) at its online mapping tool (http://potial.ncdenr.org/web/apnepLsav-map) indicates that the closest SAV to the project area is approximately 6.4 kilometers (4 miles) away within Wysocking Bay. In addition to a review of APNEP data, diver surveys were conducted by the University of North Carolina at Wilmington (UNCW) Center for Marine Science (CMS) on March 8, 2019 and April 25, 2019. Divers swam a total of 16 transects, all 164 feet (50 meters) long, in two different target subareas to determine bottom habitat composition. They made note of the bottom habitat every 5 meters (about 16 feet). The divers did not locate any SAV beds within the project area, and therefore the preferred alternative is not expected to have any impacts on SAV habitat. Essential Fish Habitat and Managed Species Essential Fish Habitat (EFH) types located within the project area include Aquatic Bed (Tidal Freshwater) and Estuarine Water Column/Creeks. Aquatic bed habitats in the project area include the soft bottom substrate of the Pamlico Sound. This habitat type is comprised of sand as well as inorganic muds, organic muds, and peat. Nutrients for this habitat type are typically provided by riverine sources and transported via wind tides in addition to lunar tidal exchange. The abundance of benthic macroalgae in this habitat supports a high diversity of invertebrates that are an important fishery food source. Although SAV are not present within the project area, this habitat can typically support SAV populations. The estuarine water column extends from the estuarine bottom to the surface waters and is characterized by the oligohaline (estuarine) waters present in Pamlico Sound with seasonally variable salinity levels. Distinct zones within the water column can be defined by parameters such as salinity, temperature, and DO. Water column zonation continually fluctuates and is a function of tidal dynamics, season, nutrient levels, and ocean proximity. Fish and shellfish often exploit distinct resources within the water column based on species - specific diet, behavior, and morphology. The Preferred Alternative would likely result in primarily short-term, localized, and temporary adverse effects to EFH and managed species, but project design, implementation, and construction measures under consideration would keep these impacts to a minimum, as well as reduce the possibility of any permanent, long-term impacts. Short-term impacts would include increased turbidity, siltation, and noise from construction activities. Most managed species found in this area though are highly mobile and would be able to escape construction disturbance and eventually return to the area post -construction. Aquatic substrate impacted by siltation should recover after construction, and turbidity would be limited to the immediate construction area. The project will convert soft bottom habitat to oyster reef habitat. Over time RECEIVED this will result in increased species diversity for fish. RECEIVED MAY 2 8 2020 JUL 01 2020 DCM-WARO Drm_MHD DMS Pamlico Sound Oyster Sanctuary Mitigation Site CAMA Permit Narrative NOAA/NMFS has jurisdiction over seven protected marine species that maybe found in the Pamlico Sound and adjacent waters. These species include Atlantic sturgeon, shortnose sturgeon, Kemp's ridley sea turtle, green turtle, leatherback turtle, loggerhead turtle, and hawksbill turtle. All seven of these species have potential habitat within the project area for the Preferred Alternative. There are no anticipated impacts from the Preferred Alternative on NOAA/NMFS managed species. Moffatt & Nichol will ensure that conservation treasures follow the recently approved DMF programmatic consultation for statewide reef development (NOAA, 2019), thus there will be no adverse impacts anticipated for NOAA/NMFS managed species. The spacing between the reef structures will allow for adequate movement for NOAA/NMFS managed species, and any impacts resulting from construction would likely be temporary. In addition, because this project takes place completely in -water, no USFWS- listed species will be impacted. Wetlands There will be no anticipated impacts to CAMA-managed coastal wetlands at the Engelhard stockpile site, as the work will occur entirely within upland areas. Coastal wetland absence at the site was confined with GIS data as well as personal communication with Division of Coastal Management staff on December 9, 2019. The stockpile area at the Engelhard stockpile site will be placed well outside of the 75-foot boundary from the estuarine waters AEC. State Historic Preservation Office (SHPO Pursuant to Section 106 and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800, the North Carolina State Historic Preservation Office (SHPO) conducted a review of the proposed project and is not aware of any historic resources which would be affected by the proposed project; therefore, the proposed project to construct an oyster reef will not adversely impact any cultural or historic resources. A non-SHPO resource sunken vessel is located within the reef layout area in Pamlico Sound and will need to be removed prior to reef construction. No dredging or alterations to the substrate will occur as a result of removing the vessel. Cumulative Impacts Cumulative impacts will be positive since this project contributes to part of the proposed larval highway ton increase oyster productivity throughout the Pamlico Sound in keeping with DMF goals. The reef is expected to promote ecosystem services such as improving water quality, providing habitat for other aquatic species, and improving opportunities for recreational fishing. SEPA The State Environmental Policy Act (SEPA) applies for any project that meets all three of the following criteria, an environmental document must be prepared: 1. An expenditure of $10 million in funds provided by the state of North Carolina for a single project or action or related group of projects or action Or 2. Land -disturbing activity of equal to or greater than 10 acres of public lands resulting in substantial, permanent changes in the natural cover or topography of those lands (or waters) RECEIVED MAY 2 8 2020 RECEIVED DCM-WARD JUL 01 2020 DCM-MHD CITY DMS Pamlico Sound Oyster Sanctuary Mitigation Site CAMA Permit Narrative 3. An action by a state agency, and Has a potential detrimental environmental effect upon natural resources, public health and safety, natural beauty, or historical or cultural elements, of the state's common inheritance. This project is not subject to SEPA (personal communication, Lyn Hardison, 5/31/2019) Conservation Measures In developing the Pamlico Oyster Reef, DMS will implement the following conservation measures which are based on measures developed by DMF, NOAA, and USACE as part of the programmatic consultation for DMF's artificial reef program (NOAA, 2019)). The Permittee shall follow the NMFS Sea Turtle and Smalltooth Sawfish Construction Conditions, dated March 23, 2006, and will apply these measures to further reduce interaction risk and require all construction workers to watch for all ESA -listed species. Operation of any mechanical construction equipment will cease immediately if a protected species is seen within a 50-foot radius of the equipment. Deployment activities will cease immediately if Endangered Species Act (ESA) -listed species are sighted within 50 feet of the construction area and will not recommence until the protected species observer reports that the ESA -listed species has left the area under its own volition. DMS in consultation with DMF, DCM, USACE and other state and federal agencies has selected granite rip rap (Class I and Class A) as the construction material. These materials meet the following guidelines: • DMF Guidelines and Specifications for Acceptable Reef Materials, which were created using guidance from internal studies. • Atlantic States Marine Fisheries Commission (ASMFC)/Gulf States Marine Fisheries Commission (GSMFC) Guidelines for Marine Artificial Reef Materials. • USEPA National Guidance: Best Management Practices (BMPs) for Preparing Vessels Intended to Create Artificial Reefs. • NOAA/NMFS National Artificial Reef Plan and artificial reef guidance. In addition, DMS will adhere to the following permit conditions set forth in in the Corps' Regional General Permit 199500194 and Programmatic General Permit 1980002911, the DMF Special Conditions, as amended by NMFS's recommended project design criteria's (PDCs) as follows: I. Any deployment of reef materials must comply with: a. Maximum speed for all vessels involved in placing the reef material is 10 knots. b. Deployments will be conducted during daylight hours when lighting, weather, and sea conditions allow for visual monitoring of the project area. c. Deployment: Deployment activities will not commence until the project supervisor reports that no sea turtles, marine mammals (North Atlantic right whales have additional restrictions listed below), or other ESA -listed species have been sighted within 91.4 meters (300 Feet) of the active deployment site (i.e., barge carrying material or moored vessel to be scuttled) for at least 60 minutes. Deployment activities will cease immediately if sea RECEIVED RECEIVED MAY 2 S 2020 JUL 01 2020 DCM-WARD 0CM-MHD CITY DMS Pamlico Sound Oyster Sanctuary Mitigation Site CAMA Permit Narrative turtles, marine mammals, or other ESA -listed species are sighted within 91.4 meters (300 feet) of the active deployment site. Deployment activities will not recommence until the project supervisor reports that no sea turtles, marine mammals, or other ESA -listed species have been sighted for at least 60 minutes. DMF and its designees are also required to participate in the Right Whale Early Warning System to protect North Atlantic right whales. If a right whale or any other species of whale is reported within the area, then the contractor will be required to follow the enclosed NMFS's Southeast Region Vessel Strike Avoidance Measures and Reporting for Mariners (revised February 2008) (Appendix B), except where specific measures below are in conflict, in which case the measures in this Opinion govern (e.g., a speed restriction to a maximum of 10 knots (kt) at all times in right whale calving areas [i.e., federally -protected areas off the southeastern U.S. coast designated and implemented for the protection of right whales and their calves during their calving/migration season] for vessels 19.8 meters (65 feet) in length or greater). By law, vessels shall maintain a 457.2-meter (500-yard) buffer between the vessel and any North Atlantic right whale [as required by federal regulation 50 CFR 224.103 (c)]. 2. Vessel Movement: If a sea turtle, giant manta ray, oceanic whitetip shark, or marine mammal is seen within 91.4 meters (300 feet) of the vessel, all appropriate precautions shall be implemented to avoid a collision (for North Atlantic right whale regulations require maintaining a distance of 457.2 meters or 1500 feet). These precautions shall include cessation of any vessel movement when closer than 15.24 meters (50 feet) of a sea turtle, giant manta ray, oceanic whitetip shark, or marine mammal (excluding at times when movement is required for safe navigation [e.g., transiting inlets]). Operation may not resume until the protected species has departed the immediate area of its own volition. a. All vessels: i. Marine mammals (i.e., dolphins, whales [other than North Atlantic right whales], and porpoises) and sea turtles: Maintain a minimum distance of 91.4 meters (300 feet). ii. North Atlantic right whale: Maintain a minimum 457.2-meter (1,500-foot) distance (500 yards). iii. Vessels 19.8 meters (65 feet) in length or longer must comply with the Right Whale Ship Strike Reduction Rule (50 CFR 224.105) which includes reducing speeds to 10 knots or less in Seasonal Management Areas (http://www.rii sheries.noaa.gov/pr/Shipstri key. iv. Mariners shall check various communication media for general information regarding avoiding ship strikes and specific information regarding right whale sightings in the area. These include NOAA weather radio, USCG NAVTEX broadcasts, and Notices to Mariners. v. Reduce speed to 10 knots or less when mother/calf pairs or groups of marine mammals are observed, when safety permits. 3. Reef structures shall be sited and installed in accordance with the permitted boundaries mid site clearances. New reef sections are limited to 1 reef section measuring'/4- by '/4-nmi area (40 ac) in size with a distance of 152.4 meters (500 feet) between each section. Offshore reefs shall maintain RECEIVED RECEIVED MAY 2 S 2020 JUL 01 2020 DCM-WARD DCM-MHD CITY DMS Pamlico Sound Oyster Sanctuary Mitigation Site CAMA Permit Narrative a minimum vertical clearance of twice the height of the structure from the top of the deployed material relative to the mean low water (MLW) at all times. 4. Reef structures shall not be placed on natural hard -bottom habitat. No artificial reef materials shall be deployed until a benthic assessment of the bottom conditions has been accomplished by diver (Note, that this has been accomplished through surveys by Geodynamics and UNC W), submersible video camera, or sidescan sonar. The inspection of the deployment area may occur at the time of deployment but no more than 1 year prior to deployment. The pennittee shall maintain a deployment buffer of at least 60.96 meters (200 feet) from any submerged aquatic resources, including seagrasses, macroalgae, hard or soft coral (including coral reefs), sponges, oysters, or hard bottom when placed in areas of sand. if materials are off-loaded from a barge or placed in areas that may generate turbidity (e.g., areas with fines or muck), a 152.4-meter (500-foot) buffer is required. 5. 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. 6. The use of explosives to deploy materials is not authorized. 7. 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 (ASMFC and GSMFC 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. 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. For all secondary -use, recycled concrete and similar materials, all steel reinforcement rods (rebar) must be cut at the base ofthe concrete so that no metal protrudes from the concrete's surface. 8. During regularly scheduled reef assessments, staff will make reasonable attempts to clean reef materials of debris, without compromising the safety of the crew and divers. For example, precluding conditions might involve low visibility or high current, which may present diver safety issues and increase the potential of divers being entangled or snagged. The Permittee will send confirmation of cleanup to NMFS's Southeast Regional Office (lakereporl.nmfsser@noaa.gov), including dates of cleanup efforts and results of the clean-up. 9. All material placed to construct reefs (specifically designed reef modules) will be selected and placed to avoid the movement of reef materials due to sea conditions or currents. The Permittee (i.e., DMS) will be responsible for any materials which are moved by sea conditions or which break loose from reefs, and the Permittee will be responsible for any damage caused by such materials. No individual artificial reef component (i.e., prefabricated module, concrete piece, etc.) will weigh less than 500 pounds, with the exception of materials deployed directly b authorized unty or WE- E6 RECEIVED MAY 2 8 2020 JUL 01 2020 DCM-WARD ,)CiW-MHD CITY DMS Pamlico Sound Oyster Sanctuary Mitigation Site CAMA Permit Narrative state programs in low -energy environments (e.g., Reef Ball "Bay Ball" or "Mini -Bay Ball" in shallow estuaries or bays). The penmittee shall not deploy artificial reef materials until an assessment of the bottom conditions has been accomplished by diver, submersible video camera, or sidescan sonar. (Note, that this has been accomplished through surveys by Geodynamics and UNCW). The inspection of the deployment area may occur at the time of deployment but no more than 1 year prior to deployment. No artificial reef material will be deployed in any nearshore area 335.3 meters (1,100 feet) of any identified sea turtle nesting beach that predominantly consists of sandy benthic habitat. No emergent artificial reef material will be authorized in identified loggerhead sea turtle nearshore reproductive critical habitat areas. Any artificial reef material deployed within these critical habitat areas and within 335.3 meters (1,100 feet) of the beach at MLW) must provide at least 1.2 meters (4 feet) of surface clearance at MLW, a maximum reef section length of 15.24 meters (50 feet), and the project must include gaps free of any material at a 1:1 ratio (e.g., for every 7.6 meters/25 feet of contiguous artificial reef material, a 7.6-meter/25- foot gap clear of any material must be created). 10. All materials used for construction of reefs shall be consistent with the National Artificial Reef Plan and will be clean and free of petroleum and other hydrocarbons (oil, grease, asphalt and creosote), toxic residues (mercury, cadmium and lead) and loose, free floating material and other deleterious substances and/or in compliance with criteria established by the USEPA. The use of tires, Fish Aggregating Devices (FADS), post -use sanitary sewer materials, automobiles and other civilian vehicles, white goods (refrigerators, washers, etc.) boat molds, floatables, loose organic material and general demolition debris, other than clean concrete units to form reefs, are not authorized. 11. The placement of material within any jurisdictional wetland, SAV bed, coral reefs, oyster reefs, mussel beds, scallop beds, clam beds or live bottoms (areas supporting the growth of sponges, sea fans, soft coral and other sessile macro invertebrates generally associated with rock outcrops) is not authorized. RECEIVED MAY 2 8 2020 DCM-WARO RECEIVED JUL 01 2020 +DCM-MHD CITY DMS Pamlico Sound Oyster Sanctuary Mitigation Site CAMA Permit Narrative References Dame, R.F., R.G. Zingmark, E. Haski. 1984. Oyster reefs as processors of estuarine materials. J Exp Mar Biol Ecol 83:239-247. Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal, and B. Boutin. 2010, North Carolina Coastal Habitat Protection Plan. North Carolina Department of Environmental and Natural Resources (DENR). Division of Marine Fisheries (DMF). 639 pp. Lenihan, H.S., and C.H. Peterson. 1998. How habitat degradation through fishery disturbance enhances impacts of bottom water hypoxia on oyster reefs. Ecological Applications 8:128-140. North Carolina Division of Marine Fisheries (DMF). 2001. North Carolina oyster fishery management plan North Carolina Department of Environment and Natural Resources (DENR). North Carolina Division of Marine Fisheries (DMF). 2015. Environmental Assessment for Little Creek Oyster Sanctuary. Prepared for US Army Corps of Engineers. Nelson K.A., L.A. Leonard, M.H. Posey, T.D. Alphin. M.A. Mallin. 2004. Using transplanted oyster beds to improve water quality in small tidal creeks: a pilot study. J Exp Mar Biol Ecol 298:347-368. Newell R.I.E., J.C. Cornwell, M.S. Owens. 2002. Influence of simulated bivalve biodeposition and microphytobenthos on sediment nitrogen dynamics: a laboratory study. Limnol Oceanogr 47:1367-1379. National Oceanic and Atmospheric Administration (NOAA). 2019. North Carolina Division of Marine Fisheries Artificial Reef Program. Action ID SAW-2018-01538. Consultation Number SER-2019-19783, SERO-2019-00225. Approved October 2019. Peterson, C.H., J.H. Grabowski, and S.P. Powers. 2003. Estimated enhancement of fish production resulting from restoring oyster reef habitat: Quantitative valuation. Marine Ecology Progress Series 264:249-264. Powers, S.P., P. Peterson, J.H. Grabowski., and H.S. Lenihan. 2009. Success of constructed oyster reefs in no -harvest sanctuaries: implications for restoration. Marine Ecology Progress Series 389, 159-170. RECEIVED MAY 2 S 2020 DCM-WARD 10 'IECEIVED JUL 01 2020 DCM-MHD CITY DCM Mrs APPLICATION for Mal -or Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary AppNcentl Landowner Information Business Name Project Name (It applicable) Nc Division Of Mitigation Services Pamlico Sound Oyster Sanctuary Mitigation Site Applicant 1: First Name MI Last Name Lin Xu Applicant 2: First Name MI Last Name if adddlonal appacanis, please adech an additional page(s) with names listed. Mailing Address PO Box City State 1652 Mail Service Center Raleigh NC ZIP Country Phone No. FAX No. 27699 1652 USA 919.707 - 8319 ext. - - Street Address (if different from above) city State ZIP 217 West Jones Street., Suite 3000A Raleigh NC 27603- Email lin.xu@ncdenr.gov 2. Apent/ContractorInformation i Business Name Moffatt & Nichol Agent/ Contractor 1: First Name MI Last Name Todd Kennedy Agent/ Contractor2: First Neme MI Last Name Robert Neal Mailing Address PO Box City Stale 4700 Falls of Nauss Road, Suite 300 Raleigh NC ZIP Phone No. 1 Phone No. 2 27609 - 919 - 781 - 4626 red. 919 - 781 .4626 ext. FAX No. Cor4rector p 919 781 4869 Street Address (if ra7/erent rmm above) City state ZIP Email ...-----_ ..-. -- <Form continues on back> RECEIVEnRECEIVED MAY 2 8 2021 DCM-WARG,1JUL 01 2020 DCM-MHD CITY Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Hyde N/A N/A Subdivision Name City State Zip WA N/A NC NIA - N/A Phone No. Lot No.(s) (d many, attach additional page with list) WA - N/A - NIA ext. N/A NIA, N/A, N/A, N/A, N/A a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Tar -Pamlico Pamlico Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major walar body to the proposed project site. ®Natural ❑Manmade ❑Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? I. It applicable, list the planning Jurisdiction or city limit the proposed ❑Yes ®No work falls within. N/A ------__._._....... .... .------ --- 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft) NIA 7.0450e+6 (permit area) c. Size of Individual lots) d. Approximate elevation of tract above NHW (normal high water) or NIA NWL (normal water level) (#many lot sizes, please attach additional page with a llat) N/A ❑NHW or ❑N W L e. Vegetation on tract N/A I. Men -made features and uses row on trait N/A g. Identify and describe the roasting land uses ad awn to the proposed project site. N/A h. How does local government zone the tract? I. Is the proposed pmjed consistent with the applicable zoning? NIA (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? d yes, attach a copy. ❑Yes []No ®NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes []NO ®NA National Register listed or eligible property? "r-UtIVED <Form continues on next page> MAY 2 8 2020 'DECEIVED 1 2020 �1-10 i-MHD CITY Form DCM MP-1 (Page 3 of 5) m. f) Are there wetlands on the site? (ii) Are there coastal wetlands on the site? APPLICATION for Major Development Permit []Yes ONO []Yes ®No (till If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentatm, if available) n. Describe existing wastewater treatment facilities. NIA o. Describe existing drinking water supply source. NIA p. Describe existing storm water management or treatment systems. The stockpile site is covered under stormwater permit SW7110805 and has 48.661 square feet of Impervious area available to develop within the current stormwater permit. A minor modification form and site mapping are included to update the stormwater permit on development (temporary) activities for the stockpile area. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®PubUdGovemment ❑PrivetelCommunity, b. Give a brief description of purpose, use, and daily operations of the project when complete. The primary purpose and need of the project is to construct a 42-acre artiflcal oyster sanctuary to serve as Estuarine Subtidal-Mollusk habitat mitigation for wetland impacts stemming from the dredging of Wanchese harbor. In addition, the project will address oyster population decline and the lack of oyster larval supply in the Pamlico Sound, while also providing long-term environmental benefits and ecosystem services. 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. There will be one site with two subareas to maximize the chances for success of the artificial oyster sanctuary. The tiered system includes a 10-acre, shallower reef subarea to be constructed adjacent to a deeper, 32-acre reef subarea to provide habitat variability that could enhance oyster survival and productivity as well as increase larval recruitment and contributions to the "larval superhighway" planned by the NC Division of Marine Fisheries. Reef structures will he deployed using barges at least 200 feet by 50 feel. The National Marine Fisheries Service (NMFS) Sea Turtle and Smalltooth Sawfish Construction Conditions, DMF Guidelines, Atlantic States Marine Fisheries Commission (ASMFC)/Gulf States Marine Fisheries Commision (GSMFC) Guidelines for Marine Artifical Reef Matensls, USEPA National Guidance: Best Management Practices (BMPs) for Preparing Vessels Intended to Create Adifical Reefs, NOAAINMFS National Artifical Reef Plan/Guidance, and USACE General Permit 198500194 and Programmatic General Permit 1980002911 permit conditions will be adhered to during all construction activities.There will be a need for an upland stockpile to be a temporary holding location for construction materials and barge loading. A non-SHPO resource derelict vessel is located at the stockpile site and will need to be removed prior to construction. No dredging or alterations to the substrate will occur as a result of removing the vessel. d. List all development activities you propose. This project involves the creation of 42 acres of oyster sanctuary habitat in the Pamlico Sound to be used for mitigation. Habitat structures are 60 individual reef structures constructed with granite rip rap. e. Are the proposed activities maintenance of an existing project, new wore, or both? NA f. What Is the approximate total disturbed land area resulting from the proposed project? 5.5 acres ❑Sq.FI or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes Mill —ON that the pudic has established use of? h. Describe location and —type —of existing and proposed discharges to waters of the state. NIA IAi)Y 9 SEC &.va-vn IVED jHEfl 1 2029 DCM-MHD CITY Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit I. Will wastewater or stomwaler be discharged into a wetland? ❑Yes ONO ®NA If yes, will this discharged water be of the same salinity as the receiving water? Dyes []No ®NA J. Is there any mitigation proposed? ❑Yea []No ®NA If yes, attach a mitigation proposal. <Form continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following Items below, if applicable, must be submitted In order for the application package lobe complete. Items (a) - (1) are always applicable to any matter development application. Please consult the application Instruction booklet on how to properly tempers 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 prolecl. 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 reeetvad a copy of the application and plats by certified mail. Such landowners must be advised that Oft have 30 days In which to submit comments on the proposed project to the Division of Coastal Management. Name Williams Seafood, Inc. i Phone No. NIA Address PO BOX 454. Engelhard, NC 27824 Name Gibbs Development Properties Phone No. WA Address PO BOX 39, Engelhard, NC 27B24 Name Dudley Scott Williams Phone No. WA Address 3100 Hodges Road. Scranton, NC 27875 g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Slate Stomwaler Permit SW7110805 N/A NIA NIA h. Signed consultant or agent authorization form. If applicable. 1. Weiland delineation, it necessary. j. A signed AEC hazard notice for projects In oceanfront and Inlet areas. (Must be signed by property owner) k. A statement of compllance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project ImoWea expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land —1 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. ����+C CT1 Date _03-26.2020_ Print Name J Todd Kennedy, Agent on Behrl111�iJ6rPwUED Mitigation Services MAY 2 8 2020 .DECEIVE® Signature 01 2020 tu?'M-INHD CITY Form DCM MP-1 (Page 5 of 5) Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information APPLICATION for Major Development Permit (RECEIVED MAY 2 S 2020 DCM-WARO 'ECEIVED JUL 01 2020 '?CM-MHD CITY Form OCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation andlor fill activities. All values should be given In feet. Access Other Channel (NLW or Canal Boat Basin Boat Romp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization _ Length NA NA NA NA NA NA 9000 Width NA NA NA NA NA NA NA Avg. Existing NA NA NA NA NA NA Depth Final Project NA NA NA NA NA NA Depth f. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW m 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 (SO). or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB _ OWL ❑None (if) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. d. High -ground excavation in cubic yards. area. ®This section not applicable c. (!)Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes ONO ❑NA ❑Yes ❑No ❑NA (It) If no, attach a letter granting permission from the owner (u) If yes, where? e. (i) Does the disposal area Include any coastal wetlandstmarsh I. (])Does the disposal Include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑yes ONO ❑NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (II) If yes, how much water area Is affected? ❑CW ❑SAV _ ❑SB OWL ❑None RECEiVED Ili) Describe the purpose of disposal in these areas: MAY 2 S 2020 RECEIVED DCM WARO jut 0 2020 D-CM-MHD CITY 3. SHORELINE STABILIZATION 0 Me section not applicable (If development is a wood groin, use A#P-4 — Structures) a. Type of shoreline stabilization: b. Length: []Bulkhead ❑Rlprap ❑Breakwater/Sill []Other: _ Width. _ c. Averagedistancewaterwardof NHWorNWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material g. Number of square feat of fill to be placed below water level. Bulkhead backfili Rlprap_ Breakwater/Sill _ Other_ i. Source of fill material. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. (I) Will fill material be brought to the aft? RgYes UNo UNA If yes, (it) Amount of material to be placed In the water 51,769 tons (III) Dimensions of fill area 5.5 A rea (N) Purpose of fill For the purpose of creating 60 individual reef structures within the overall 42 acre oyster sanctuary site. S. GENERAL a. How will excavated or fill materiel be kept on controlled? An upland stockpile site has been selected in Engelhard on site covered by an existing stormwater permit. When stone material Is being placed In the water at the sound site, steps will be taken to minimize turbidity and siltation, but some minor turbidity Is expected to occur and will be temporary and localized. 1. (1) Has there bean shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (It) If yea, state account of erosion and source of erosion amount Information. h. Type of All material. c. (i) Will nisi ational aids be required as a result of the project? d. ®Yes ❑No ❑NA (II) If yes, explain what type and how they will be Implemented. Navigation Impacts will be negligible and will include navigational aids required by the U.S. Coast Guard and shown on permit drawings. 02-25-2020 Date ❑This section not applicable (i) Will fill material be placed In coastal weaandslmam submerged aquatic vegetation (SAV), shell bottom other wetlands (WL)? If any boxes are checked, p number of square feet affected. ❑CW ❑SAV _ ❑SS _ ❑WL ®None (ii) Describe the purpose of the fill in these areas: What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Reef structures will be deployed using barges at least 200 feel by 50 feel. Rock material will be placed In the water directly off of the barge with a bobcat or front and loader in the locations designated In the engineering plans Excavators and long reach equipment will be available in the working area to reposition any rock material that is misaligned. (1) WIII wetlands be crossed In transporting equipment to project site? []Yes []No ®NA (li) If yes, explain steps that will be taken to avoid or minimize environmental impacts. REC Pamlico Sound Oyster Sanctuary MitigatkMfte2 8 2011 Project Name IVI 161!"ED 01 2020 0CM-MI-ID CITY J Todd Kennedy, Agent on Behalf of NC Division of Miligation Services Applicant Name App icanl Signature RECEIVED MAY 2 8 2020 DCM-WARO RECEIVED JUL 01 2020 OCM-MHD CITY Form DCM M13-4 STRUCTURES (Construction within Public Trust Areas) 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. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (I) Is the docking facility/manna: ❑Commercial ❑Public/Government ❑PnvalerCommunity ®This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ❑No c. (I) Deckle) andfor plants) d. (i) Are Finger Piers included? ❑Yes ❑No (ii)Number If yes: (ill) Length (ii) Number (Iv) Width (iil) Length (v) Floating Dyes ❑No IN) Width _ (v) Floating ❑Yes ❑No e. (i) Are Platforms included? ❑Yes ❑No I. (i) Are Boatliks included? ❑Yes ❑No If yes: If yes. (II) Number (ill Number (ill) Length _ (ill) Length _ IN) WWth _ (Iv) Width (v) Floating Dyes ❑No Note: Roofed areas ere calculated from dr/pfine dimensions. g. (I) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, Including travel till andror rail, repair or (n) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('wet slips') only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑Open water, dredging for basin and/or channel []Open water, no dredging required ❑Other; please describe: �jEEIVED C k. Typical boat length: I. (i) Will the facility be open to the genera pubic? []Yes ❑No m. (I)Wlllthefedlityhavetiepflings? MAY 2 S 2020 ❑Yes ❑No (it) If yes number of tie pilings? _ DCM-WARD RECEIVED JUL 01 2020 DCM-MI-ID CITY 2. DOCKING FACILITYMARINA OPERA77ONS ® This section not eppficable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Localion: ❑ Showers ❑ Boathoiding lank pumpout; Give type and location: It. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of 'No Sewage Discharge" signs proposed. (II) Give the location and number of "Pumpoul Avallable' signs proposed. I. Describe the special design, If applicable, for containing Industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. _ i. Give the location of fuel -handling facilities, and describe the safely measures planned to protect area water quality. j. What will be the marina policy on overnlght and live -aboard dockage? K. Describe design measures that prorate boat basin gushing? I. It this project is an expansion or an existing marina, what types of services are currently provided? in Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No RECEIVED MAY 2 S 2020 �CEIVED DCM-WAR JUL 0 1 2020 -)CM-fu HD CITY n. Is the marinaldocidng facility proposed Within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlandshnarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are chocked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None p. Is the proposed mannaldocking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lilts) ®This section not eppticable pr io u,e wnu wen auuuarefa). ❑Commercial ❑PublidGovemment ❑PrivalelCommunity (if) Number (iii) Length (iv) Width Note: Rooled areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. 11 a rock groin, use MP-$ Excavation and Fla.) ®This section not applicable r,r i..."V.. (ill Length (iii) Width 5. BREAKWATER (e.g., wood, shestpile, etc.) ®This section not applicable a. Length _ c. Maximum distance beyond NHW. NWL or wetlands b. Average distance from NHW. NWL, or wetlands 8. MOORING PILINGS and BUOYS ®This section not applicable u. m nie auuccurela)'. b. Number _ ❑Commercial ❑PublldGovemment ❑Private/Community a Distance to be placed beyond shoreline _ d. Description of buoy (color, Inscription, size, anchor, etc.) Afore: Tins should be measured from marsh edge, if present. a Ale of the swing _ (RECEIVED 7. GENERAL MAY 2 8 2020 aCM-WAR-RCEIVED itt 2020 ;"1'M-MHC CITY a. Pmxlmity of structure(s) to adjacent npanan property lines Approximately 3.3 miles from shore Note., For buoy or mooring piling, use am of swing including length orvessel. e Width of water body 23 miles (measured inshore of the oyster reef to Hallerasl e. (i) Will navigational aids be required as a result of the project? ®Yes []No ❑NA (ii) If yes, explain what type and raw they will be implemented. Navigation impacts will be negligible and will include navigational aids required by the U.S. Coast Guard and shown on permit drawings. b. Proximity of slructure(s) to adjacent docking fadlities. Approximately 3.4 miles d. Water depth at waterward and of structure at NLW w NWL 5 to 16 feet & OTHER -- --- -- ®This section not applicable a. Givecompletedescrptlon: 03/26/2020 Dale Pamlico Sound Oyster Sanctuary Mitigation Site Project Name J Todd Kennedy, Agent on Behalf of NC Division of Mitigation Services AppllcaryN no 7 Appli nt Signature RECEIVED MAY 2 8 2020 DCM-WARQF-CEIVED 2020 "kph'-iWHD CITY a x v ■ PAMLICO SOUND OYSTER REEF HYDE COUNTY, NORTH CAROLINA 9 JJ 1� � no.1 oruamc nnE P-0R QIEA.LL Ym6..,R1N1NRf . 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MYIa ifi.afJ YI.M u v@ain a..,.w aaia = n "`on �� vafx waft » Y.i wYW wef @A.iss rrx Gaff wWiY vs.. an wn.f w>. Rw. N m 0 v RECEIVED t:+4Y 2 8 2020 ------------I LW CaR1a I V � I V I / A name �I� maw I rarr •// / ,),/74 ww T43 \` camw I I e 1 e A 1 I 4 X � ` 1 r waai z9Y 1, muTessu I aowv I q�spk y\—�cim'm. � z ro,. ecnoa cmwioc. ss.c `rsoevn camm names e� z vaanws err e�ors ro ec am nth FOR PERMITRNG ® nE lR® �i�_IVY PiS m m 0 T aooc Rg uq nr IT M AN CCM-WARO �' A_ e � FOR PERMITTING "`°'^""' ------------ ,UV[h 30141bT! 4. 5U1 WED JUL 01 2020 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD RECEIVED APPLICANT: N.C. Division of Mitigation Services COUNTY: Hyde PROJECT NAME: Pamlico Sound Oyster Sanctuary Mitigation Site JUL 01 2020 LOCATION OF PROJECT: Tar/Pamlico River Basin Hyde County DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-28-20 DCM-MHD CITY FIELD RECOMMENDATION: Attached:.Vo To Be Forwarded: Yes FIELD REPRESENTATIVE: Staples DISTRICT OFFICE: WASHINGTON DISTRICT MANAGER REVIEW:S B) DATE RECEIVED BY MAJOR PERMITS UNIT: _6/30/2020 FEE REC'D: S475.00 (60%)(40%)# 123887 APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 7-1-20 END OF NOTICE DATE: 7-21-20 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Choose an item. C) 75 DAY DEADLINE: 8-11-20 150 DAY DEADLINE: MAIL OUT DATE: 6-30-20 PERMIT FINAL ACTION: ISSUE DENY STATE DUE DATE: Click or tap to enter a date. AGENCY DA"FE NOTES COMMENTS OBJECTIONS: YES NO RETURNED DCM - Field Rep t0 �s Y DCM - LUP Consistency Determination Local Permit Officer Corps of Engineers - Regulatory Branch 63120 Zp�j• DWR-401 Section DWR-Public Water Supply %7 Tv }� DEMLR - Stormwater & Sed/Erosion f It x! 3 -r 2- DOA - State Property Office Wildlife Resources Commission �i21 7J I DMF - Shellfish Section 7 /7 70 x DMF - Habitat & Enhancement Z �. DNCR - Archives & History DNCR - Natural Heritage NCDOT I Rural Development Division 11 11 1I7'a 11 11 I' 11 11 MEMORANDUM TO: Jonathan Howell FROM: Shane Staples THROUGH: Kelly Spivey SUBJECT: Major Modification to Permit No. 140-09, NCDMF Swan Island Oyster Sanctuary DATE: August 26, 2020 The subject CAMA Major Permit application proposes to expand the footprint of the Swan Island Oyster Sanctuary located near the mouth of the Neuse River by 20 acres and construct new oyster habitat using rip -rap placed in linear ridges approximately 2' to 4' in height from the substrate. Staff has reviewed the proposed project regarding rules found in Subchapter 7H concerning development in Estuarine Water and Public Trust Areas. It is staff s recommendation that the proposed project appears consistent with the rules set forth in 15A NCAC 07H.0200 and the application should be permitted as requested with standard permit conditions. AUG 2 8 2020 MP SECTION MHD *A I1 ,'iI AF1. 3 1.'r6$N 161L.i.:: l`Cri� E7.hVISS Sune 30. 202C FROM: Gregg Hadilar, Aunislanl Llajur PerrnlL5 ODurd"e,alor WC1360 - Division, al Coastal Manageimnl. 400 Coinnoerce.P{v---., Momhead Lily, NC 28557 Fax:252-24T-3310 (C3rlfJl;rad4B-WSJ ormu. b,-rinartgncdeannoiYr SUBJECT: CAMAi"id%WPar IITAf4"8lceribnf3EWert Appiloanh: Nairtll Cea61191a P31VIelalr OF Nllhtatrmn 591T'aroePe Prapelf Laeaicurr: Tarl Parn1lo0 River Basin, Hyde County Prupoesll Projeot: 70 oraab3 a 4,�cra ioyeter sanctury Pivars endi al a haks&•yonlr agency's posi:i n or Ownpuint on the propo!;Ld projee'. and .rsgrat this Form rD GrKlA SodrrldPat the address abcca+e byJWy2A, 2020. Iryew have anyquezlinns reparunla the popused projecl, =nlact Shane Staples (252)3411-3950 when appropriale, in•depCk cmurvenls with supporting data is requested. REPLY: PRlahl4' NAIrAE AGENCY SIGNATURE ®ATE This agency has novhje=lion to the project: as proposed. "Addil'r+:nal wlnmenls may no allachud" ` X This agency has no comment cn the p upxaed prujeCL This agency. approves of °he project only if the recurnrnended changes are incorpuraeed. See a:laehed. This agency ctrjecls k; the project for reasons described in the allached curnments. Lee Padrick NC Commerce � p JUL 1 2020 PAP SECTION MHD v:::x e,rSs:.1^--•. ren�r��ye*r c:: ��xd e�..{'.�ytd 4rrex,<naa: a NORTH CAROLINA finmonnuowcl 0:ojhn June 30, 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) gregg.bodnar(g ncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: North Carolina Division of Mitigation Services Project Location: Tar/ Pamlico River Basin, Hyde County Proposed Project: To create a 42-acre oyster sanctuary ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division ofComial Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by July 21, 2020. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kacee C Zinn AGENCY NCDMF-Shellfish Sanitation SIGNATURE KV �u> for Shannon Jenkins DATE 7/2/2020 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 J U L 1 7 2020 MP SECTION RPHD NORTH CAROLINA Envirnnutenlal Ortafiry• June 30, 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 (06rrfloamtT-33), areao.bodnar aC�ncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: North Carolina Division of Mitigation Services Project Location: Tar/ Pamlico River Basin, Hyde County Proposed Project: To create a 42-acre oyster sanctuary ROY COOPER MICHAEL S. REGAN @•err,un� BRAXTON DAVIS Dimnor, Dnneion ry Conval l4anagel@l11 Please indicate below your agency's position or viewpoint on the proposed project and _return this form to Gre-go Bodnar at the address above by July 21, 2020. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached** . _X_This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. ............................_. PRINT:NAME_Clif Whitfield AGENCY _Public Water Supply Section SIGNATURE a RECEIVED DATE! . _7-8-2020 J U L 1 7 2020 State of North Carolina I Environmental Quality I Coastal Management - - - P S. E s TI ON ' N1 �6-1 v 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 0 June 30, 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) grega.bodnalDncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: North Carolina Division of Mitigation Services Project Location: Tar/ Pamlico River Basin, Hyde County Proposed Project: To create a 42-acre oyster sanctuary ROY COOPER Gorrrnor MICHAEL S. REGAN 5,, r mm BRAXTON DAVIS Oveem, nwisioe n/Cueeta! Monnge.,ol Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by July 21, 2020. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Ui t)JeC '�4wt�Q�/ LvC'�4 " AGENCY _Hy�r fz( SIGNATURE / DATE 6- ZD— C _l co Stale of Noah Carolim I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 RECEIVED JUL 07 2020 DCM-MHD CITY a NORTH CAROLINA Emw omne nni Qu"hij June 30, 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) gregg. bodnar(&ncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: North Carolina Division of Mitigation Services Project Location: Tar/ Pamlico River Basin, Hyde County Proposed Project: To create a 42-acre oyster sanctuary ROY COOPER Go.I,m ,r MICHAEL S. REGAN Secretary BRAXTON DAVIS Uirecmr, Uiialon ofCoosral Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by July 21, 2020. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 when appropriate, in-depth comments with supporting data is requested. REPLY: x This agency has no objection to the project as proposed. "Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Rachel Love-Adrick AGENCY Division of Coastal rManagement P 6 SIGNATURE I DATE July 13, 2020 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 RECEIVE® J U L 1 7 2020 ROY COOPER Governor MICHAELS.REGAN secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner rJ, p p Division of Coastal Management 1,(C - SUBJECT: Major Permit request by N.C. Division of Mitigation Services DATE: July 13, 2020 J U L 1 7 2020 POP SECTION MHD Consistency Determination: The request is consistent with/not in conflict with the 2008 Hyde County CAMA Core Land Use Plan certified by the CRC on March 27, 2008. Project Overview: The North Carolina Division of Mitigation Services is proposing to construct an artificial oyster sanctuary in the Pamlico Sound. The sanctuary will serve as mitigation for the habitat impacts associated with the deepening of Wanchese Harbor as part of the Shallowbag Bay navigation project. The mitigation site is located in the open waters of the Pamlico Sound approximately 3 miles south of Long Point in Hyde County on Gull Shoal. The mitigation site consists of two sites totaling 42-acres. The sub -sites are 10 acres and 32 acres respectively separated by approximately 500 feet. The artificial reef design consists of 60 individual structures constructed of class A and class 1 granite rip rap. The reef structure footprint totals 5.5 acres. Each structure will be 150'long x 28' wide and have a trapezoidal cross-section with a maximum height of 5 feet. Materials for the artificial reef will be staged at 114 Hill Street in Engelhard, NC on a parcel that is owned by the Wanchese Seafood Industrial Park. The stock pile area is located outside of the 75-foot CAMA buffer. Reef construction materials will be brought to the site in metal bins and will not be piled loosely in the stockpile area. The metal bins will be lifted eitherwith a crane or bobcat for placement on the barge. The project is located in the following Areas of Environmental Concern (AEC): Estuarine Waters (EW) and Public Trust Area (PTA). The artificial reef is located in Pamlico Sound, the waters are designated SA;HQW by the Environmental Management Commission. The water depths in the location of the artificial reefs structures range from 12 to 15 deep and the bottom composition is comprised of sand and other soft sediment. The Marine Fisheries Commission classifies the area as a Secondary Nursery Area and the area 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 0i . is open to the harvest of shellfish. The North Carolina State Historic Preservation Office (SHPO) conducted is not aware of any historic resources which would be affected by the proposed project. A non-SHPO resource sunken vessel is located within the reef layout area in Pamlico Sound and will need to be removed prior to reef construction. No dredging or alterations to the substrate will occur as a result of removing the vessel. There is no hard bottom, submerged aquatic vegetation (SAV), oyster reef, primary nursery areas (PNAs), wetlands, or other benthic habitat at the reef site. Anticipated impacts The project as proposed would create a new oyster sanctuary encompassing42-acres of Pamlico Sound bottom of which 252,000ft2 (5.5-acres) are proposed to be filled with granite rip -rap. The project would result conversion of soft bottom habitat to hard bottom habitat and localized temporary turbidity during construction. The project, if successful should result in additional shellfish habitat and hard bottom habitat for finfish in the Pamlico Sound. Basis for Determination: The 2008 Hyde County CAMA Core Land Use Plan Future Land Use Map (FLUM) designates the staging project site as "Industrial", and all AECs as "Unbuildable Land", which limits development to 15A NCAC 7H use standards. Uses in the "Industrial" area include: Industrial. (pg. 235) No major future industrial land uses are anticipated. Industrial land uses are those which engage in basic processing and manufacturing of raw materials, manufacturing or storage of materials, production of finished products, packaging, sales and distribution of products, and production of all agricultural products. Uses shall also include the Hyde County Regional Airport, the Hyde County Correctional facility, the Rose Acres Farm Site, and large scale agricultural warehousing. The minimum lot size should be two acres or larger in size, and have adequate means to dispose of all solid and industrial waste. Allowable density 1 industrial operation pertwo acre site Maximum building height 40 feet Permitted uses Industrial operations which will not adversely impact environmental conditions, agriculture oriented operations, warehousing facilities, livestock operations, commercial fishing operations, county airport facilities Uses not permitted Industrial operations that pose a significant threat to environmental quality Land Use Policies: The following LUP policies may be applicable to this request. P.19 Hyde County supports industrial development which complies with all local, state, and federal requirements, including 15A NCAC 7H. P.30 Residential, commercial, and industrial development which meets 15A NCAC 7H use standards will be allowed in estuarine shoreline, estuarine water, and public trust areas. In all other areas, development will be allowed that is consistent with applicable local, state, and federal regulations. RECE °ED JUL 1 7 2020 North gement Morehead City Offt ert1 400 Coment of merce Aveennu0uality I e I Morehead'on of aty, NorthaCaro1na 28557 MP SECTION RAM 252.808.2808 a NORTH CAROLINA N;nrir atnrzmal (lu,vfu, June 30, 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) gregg.bodnar Wricdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: North Carolina Division of Mitigation Services Project Location: Tar/ Pamlico River Basin, Hyde County Proposed Project: To create a 42-acre oyster sanctuary ROY COOPER Gmrnna, MICHAEL S. REGAN secrelog BRAXTON DAVIS Ulrcclnr. Uis•ision nfCnoato! Mnnagemenl 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 July 21, 2020. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME James Harrison AGENCY NCDMF SIGNATURE ��iLuaa� DATE 21 July 2020 J U L 2 2 2020 IMP SECTION MHD State ofNorth Carolina I Environmental Quality I Coastal Management 400 Conmrerce Ave. Morehead City, NO 28557 (252) 808-2808 a June 30, 2020 (2Z5 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) Qregg-bodnar(ZDncdenr.00V SUBJECT: CAMAMajor PermitApplication Review Applicant: - North Carolina Division of Mitigation Services Project Location: Tar/ Pamlico River Basin, Hyde County Proposed Project: To create a 42-acre oyster sanctuary ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS , 10 JUL 2020 cc`e.1tt ED lXw Vz$ , * ,qPWA Please indicate below your agency's position or viewpoint on the proposed project and return this fonn to Gregg Bodnar at the address above by July 21, 2020. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME tAe_"e_T_[�lnn() AGENCY N 0,C'-C SIGNATURE DATE 7� -A_24J �tt-t��ct —b WtIdAtCc QsuutieS c�pt op r L�eSs of cl iiiLIZ uvt iT�lf-1scs�+en�5 . State or North Carolina I Envimammtal Qwlity I Coastal Mavage t 400 Commerce Ave. MmeScad City, NC 28557 (252)808-2808 J U L 2 1 2020 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Qualtry September 21, 2020 DWR Project *12020-0865 v1 Hyde County NC Division of Mitigation Services ATTN: Mr. Lin Xu 1652 Mail Service Center Raleigh, North Carolina 27699-1652 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Pamlico Sound Oyster Sanctuary Mitigation Site (Hyde Co.) — 42-acre oyster sanctuary Dear Mr. Xu: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on June 30, 2020. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. This certification is associated with the use of Regional General Permit Number 291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) CAMA Major, Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved, provided that all the other specific and general conditions of the Certification are met. No other impacts are approved, including Incidental impacts. [35A NCAC 02B .0506(b)(c)]] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Plan location/Reference Attached Open Waters OW3—reef/fill 42(acres) 0(acres) Plan Sheet l and 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4175. [15A NCAC 02B .0507(c)] Continuine Compliance 3. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [35A NCAC 02H .0506 (b)(3) and(c)(3) and 15A NCAC 02B .0200 (3)(01 4. The permittee shall report to the Washington Regional Office any noncompliance with this certification, any violation of stream or wetland standards [35A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [35A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. ECEI�� SEP 2 2 2020 North Carolina Department of Environmental Quality I DlvisloMT&dteS"$ix�u,�J'cd TION MHD Washington Regional Office 1943 Washington Square Mall l Washington, North Carolina 27889 omnma+mrm�mommw� 252.946.6481 5. This approval and their conditions are final and binding unlesscontested. [G.5. 143-215.51 These Certifications can be contested as provided In Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAK). A petition form may be obtained from the OAK at htto•//www.ncoah.comZ or by calling the OAK 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 OAK. 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 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAK at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAK filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAK: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Chris Pullinger at 252-948-3918 or Chris oullinger@ ncdenr.¢ov if you have any questions or concerns. Sincerely, Rd&A T ,.k tMl Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 Certification of Completion cc: Mr. Lin xu, NCDMS (via e-mail: lin xuCdncdenr.govI Todd Kennedy, Moffatt & Nichol (via e-mail: Tkennedv(dmoffatnichol.com) Gregg Bodnar, DCM Morehead City (via e-mail) Shane Staples, DCM WaRO (via e-mail) Raleigh Bland USACE Washington Regulatory Field Office (via e-mail) Billy Standridge, USACE Washington Regulatory Field Office (via e-mail) Laserfiche/DWR file copy S E P 2 2 2020 ----------------------------------- ------------ MIId3R9lWi m� >.w'w..0 m. �� VMHH'Ii114PY� MHFNW m>u . .r � led a ® a� N � � e o� a o� o' a e LL Ir � QI s \ _ I cq v � O It a'' A ; ;f,e4e li � /'------------ �a+ J/XII .,J� Ka R __ +1EO ' kOl \ �,, 341 I YLI Y i i - e R, ', JtJ ssp , LLJ YJ O N r .a GV r o m k7 GR��NRrtB�yp$$H R��eyGy�agg��9yegg ��yRggFgg^�3g�pyyd �BM�?HRe�a�^M]3R3^ �9p �EEyq3pg ga ga epg gg pgpg gq yaya 'J3 qaqa33 aa gg ppaagg FyjFyj fi qgg �ygF PSRp.R��9�Rg^�gR PS RBRyg�R � 9� g@Pa�tl� � w MP SECTION MID Yox Yiv. ww Q RECEIVED MAY 2 S 2020 JDCq�Mpp W�ppj�pp WLA=nMAN 4Ji�7tl1�VYt1R® Ply �F - n'�' �-'V f � per. � • • � kit• a 9 �1 � i _ f t .' .Y.¢ Y n } } Mom. #' - �� .. " •f"Y + . �"+ .. �, , •�p,s y... '�i �rr*• s � r . • ? ' a... ,ice.•. � .,'� yl 'dt,.i'i"'"e�'�'raex:. f ,* +S•''f ." ram, Apt,$- Ste. r �..' S. x: At �tmw- vay� 4�x �.^ ,1f� ' .a�'�ba:' f6i`p� + >s" � � -• ems_ t •~ -�. P°` ' ' a ,. ^ etid ( ."'ter»..4..'" � '�°c': August 3, 2020 Regulatory Division ORM ID No. SAW 2020-01134 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: RECEIVED A U G 4 2020 MP S&ECTION MHD Reference the application of the NC Division of Mitigation Services for a Department of the Army permit to construct a 42-acre oyster sanctuary, including the placement of granite rip - rap material within 5.5-acres of sound bottom, located off Long Point in the Pamlico Sound, near Engelhard, in Hyde County, North Carolina. 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 State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in MECEIVED A U G 4 2020 MP SECTION MHD the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 4. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 5. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 6. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 7. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 8. The permittee will implement the conservation recommendations developed with NCDMF, NOAA, and USACE as part of the programmatic consultation for DMF's artificial reef program (NOAA 2019). 9. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (910) 251-4564. Sincerely, RaleighBland, P.W.S. Regulatory Project Manager Copies Furnished: N.C. Division of Water Quality, Wetlands Unit 2321 Crabtree Blvd, Parkview Building Raleigh, North Carolina 27604 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Ms. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Kelly Spivey, District Manager Washington Regional Office North Carolina Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 Commanding Officer U.S. Coast Guard Marine Safety Office 721 Medical Center Drive, Suite 100 Wilmington, North Carolina 28401-4895 RECEIVED AUG 4 2020 MP SECTION MHD DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: North Carolina Division of Mitigation Services 2. LOCATION OF PROJECT SITE: Hyde County, Pamlico Sound, Approximately 3 nautical miles South of Long Point along the edge of Gull Shoal Boundary Locations (State Plane) — NW — N: 610985 E: 2901323 NE— N:610985 E:2903628 SE — N: 607927 E: 2903628 SW—N:607927 E:2901323 3. INVESTIGATION TYPE: CAMA and D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — N/A Was Applicant Present — N/A 5. PROCESSING PROCEDURE: Application Received Complete - 28 May 2020 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Hyde County Land Classification from LUP—N/A (B) AEC(s) Involved: EW, PTA (D) Water Dependent: Yes (D) Intended Use: Public/Govemment (E) Wastewater Treatment: Existing — N/A Planned — N/A (F) Type of Structures: Existing —N/A Planned — Artificial Reef (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands Pamlico Sound Bottom t252,00112 (c) Other (D) Total Area Disturbed: 252,000 ft' (5.5 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-HQW, NSW Open: Yes 8. PROJECT SUMMARY: The NCDMS proposes to create a 42-acre oyster sanctuary as mitigation for habitat impacts associated with the USACE expansion of Wanchese Harbor. The sactuary will consist of two sub - sites 10-acres and 32 acres respectively. The 60 reef structures will consist of granite rip-ral�glf?ft bottom of the Pamlico Sound and each will be 150' long x 28' wide and 5' high. JUL 0 1 2020 0CM-MHD CITY NC Division of Mitigation Services Pamlico Sound Oyster Mitigation Site Hyde County Project Settin¢ The North Carolina Division of Mitigation Services has been allotted fund by the U.S. Army Corps of Engineers to design and build an artificial oyster sanctuary in the Pamlico Sound. The sanctuary will serve as mitigation for the habitat impacts associated with the deepening of Wanchese Harbor as part of the Shallowbag Bay navigation project. The 42-acre mitigation site is located in the open waters of the Pamlico Sound approximately 3 miles south of Long Point in Hyde County on Gull Shoal. The 42-acre site is divided into two sub -sites 10 acres and 32 acres respectively separated by approximately 500 feet. The water depths in the location of the artificial reefs structures range from 12 to 15 deep and the bottom composition is comprised of sand and other soft sediment. The waters of the Pamlico Sound at the project site are classified SA-HQW by the Environmental Management Commission. The Marine Fisheries Commission classifies the area as a Secondary Nursery Area and the area is open to the harvest of shellfish. Proiect Descrintion The NCDMS proposes to create a 42-acre oyster sanctuary in the Pamlico Sound approximately 3 miles south of Long Point. The project will consist of two main areas along Gull Shoal 10-acres and 32-acres respectively. The artificial reef design will consist of 60 individual structures constructed of class A and class I granite rip rap. Each structure will be 150' long x 28' wide and have a trapezoidal cross-section with a maximum height of 5 feet. All structures follow design criteria used by the NC Division of Marine Fisheries for artificial reef/oyster sanctuaries with methodology approved by multiply state and federal agencies as laid out in the provided Environmental Assessment. Materials for the artificial reef will be staged at 114 Hill Street in Engelhard, NC on a parcel that is owned by the Wanchese Seafood Industrial Park. Anticimated lmnacts The project as proposed would create a new oyster sanctuary encompassing 42-acres of Pamlico Sound bottom of which 252,000ft (5.5-acres) are proposed to be filled with granite rip - rap. The project would result conversion of soft bottom habitat to hard bottom habitat and localized temporary turbidity during construction. The project, if successful should result in additional shellfish habitat and hard bottom habitat for finfish in the Pamlico Sound. RECEIVED JUL 01 2020 DCM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: North Carolina Division of Mitigation Services Mailing Address: 1652 Mail Service Center, Raleigh NC 27699-1652 Phone Number: 919-707-8319 Email Address: lin.xu@ncdenr.gov I certify that I have authorized Moffett & Nichol Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: NC DMS Pamlico Sound Oyster Reef in Hvde County. / furthermore certify that / am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. i ' 'rSignature LIv Print -or Type Name ���CT /CC✓?t h� C'dpr-Nin 1i'�" Title Date This certification is valid through �� / 3i l _-� 0-2 o RECEIVED MAY 2 8 2020 DCM-WARO RECEIVED JUL 01 2020 0CM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Coastland Times P.O Box 400 Manteo, NC 27954 NORTH CAROLINA Environmental Quality 29 June 2020 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 1 July 2020 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3820. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to: Ellie Davis NCDEQ COASTAL MANAGEMENT DIVISION 400 COMMERCE AVENUE MOREHEAD NC 28557 252-808-2808 ext. 229 ellie.daviQncdenr gov Thank you. Sincerely, Keri Sparks, Administrative Assistant II Division of Environmental Quality ATTACHMENT Division of Coastal Management Cc: File D_E Q RECEIVE® JUL 01 2020 North Carolina Department of Environmental Quality I Division of Coastal Management r+pp L.� ^^� Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1 252,946.6481 �)lieVl-IViHD CITY Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 284051 910.796.7215 Morehead Clty Office i 400 Commerce Avenue I Morehead Clty. North Carolina 285571 252.808.2808 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 28 May 2020. According to the said application submitted by Division of Mitigation Services proposes to create a 42-acre oyster sanctuary as mitigation for habitat impact associated with the USACE expansion of Wanchese Harbor. In Hyde County, Pamlico Sound, North Carolina. A copy of the entire application may be examined or copied at the office of Kelly Spivey, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 21 July 2020 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Shane F. Staples Coastal Management Representative NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252) 948-3950 Please publish on: 1 July 2020 North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1 252.946.6481 Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 284051910.796.7215 Morehead ON Office 1 400 Commerce Avenue I Morehead CiN. North Carolina 28557 1 252.8082808 RECEIVED JUL 01 2020 DCM-MHD CITY ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN secretory BRAXTON C. DAVIS Director N.C. Division of Mitigation Services C/O Lin Xu 1652 Mail Service Center Raleigh, NC 27699-1652 Dear, Lin The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located in the Tar/Pamlico river basin in Hyde County North Carolina. It was received 28 May 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is 11 August 2020. 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. Shane Staples, Field Representative for the Division of Coastal Management is responsible for processing your permit and he can be reached at 252-948- 3950 or via email at han . taples(iincdeargov if you have any questions. If this agency does not render a permit decision within 70 days from 28 May 2020, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. RECEIVED JUL 01 2020 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington. North Carolina 27889 1 252.946.6481 Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 284051 910.796.7215 n.....�.............. i ......,11——.....n.._.nnrvr. 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. Sincere Shane F. Staples Coastal Management Representative Division of Coastal Management Washington Regional Office Enclosure Cc: Greg Bodnar - Assistant Major Permit Coordinator Moffatt & Nichol WARO RECEIVED DE � JUL 01 2020 North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington. North Carolina 278891 252.946.6481 DCM-MHD CITY Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 1 410.796.7215 Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 i 252.806.2808 NOT 1( 010 1 7mA fr CAMA PERMIT APPLIED FOR ECT: TO �� ��T� a ''2" Qrre- oNster sonC-Yuori 44 mi-Knn}ion •Por COMMENTS ACCEPTED THROUGH Tli 2-1. WZo APPLICANT: Kc Division Or M� Yieort ion S rviees IID52 Marl S Nirt ctn{Pr Saki dl N G ar]q- lt�5a ( cl) 7D'7 - 83IA FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: sholft- stopkS��reecn��r.ve stc D i v i si on of ( ,oastol Mnc,eop rrer s 43 �otSinina�on NC 748�i .A L —This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet (11ro1Ro12) Permit Authorization: KCAMA EWredge & Fill ElBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes KWo Photos Taken: Yes ❑ N Setback Required (riparian): Yes No Critical Habitat U Yes ❑No ONot Sure 15 foot waiver obtained: Yes o Hazard Nofification Returned: ❑Yes LINO SAV. ❑Yes EINo of Sure Shell Bottom: ❑Yes.Pilo' El Sure Temporary Impacts: es No Sandbags: UYes o ❑ Nat Sure Did the land use_oassification come from countyLUP: es ❑No Mitigation tjoquired (optional): ❑Yes 53NO Moratorium Conditions: ❑Yes No ❑NA EE�nyy�Moonmental Assessment Done: QYes ❑No ❑NA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) Nutrient Sensitive Waters (Ni Swamp Waters (SW) U High Quality Waters (HQW) [�rDutstanding Resource Waters (ORW) WETLANDS 1MPACTED,1/A El (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender(Limonium sp.) (SS) Glasswort ( Salieomia sp.) wetlands) LJ (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spading (SY) Salt reed grass (Spartina aliemifiore) cynosumides) El (DS) Salt or spike grass (Distichlis El (SC) Bultrush or three square (Sclrpus El (TY) Cattail (Typha sp.) spicata) SO ❑ (JR) Black needlerush (Juncus LJ (SP) Satt/meadow, grass (Spartina foemerianus) patens) APPLICATION FEE El No fee required - $0.00 M 1110) Private wl D&F up to 1 acre; 3490 LJ 111(D) Pdv. public or comm wl D&F to 1 can be applied - $250 acre; 3490 can? be applied - $400 LJ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 III(B) Public or commercial wl D&F to 1 0 Express Permit - $2000 acre; 3490 can be applied - $400 Major development extension request- II. Public orcommemial/no dredge $100 and/or rill - $400 ❑ 1. Private no dredge and/or fill - $250 ❑ 111(C) Priv. public or comm wiD&F to 1 RECEIVED acre; 3490 can be applied; DCM needs DWQ agreement - $400 2020 252-808.2808 :: 1.884-URCOAST :: www.nc ccas:almanagemen t. not revised: 02 15 10 QCM-MHD CITY NC Division of Coastal Mgt. Application Computer Sheet, page z of a, Applicant: ,�i V,'1/�07� O! 1011s'r/6% JCrr•'«' Date: k4ee-t,0.2-0 Describe below the ACTIVITIES that have been applied for. AN values should match the dimension order, and units of measurement found In your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension t Dimension 2 Dimension 3 Dimension 4 One One A��Y • c�c /� b O New Work Replace (i Gs O Maint ❑ ❑ Y [✓� New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N Now Work D Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work D Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work U Replace Maint ❑� ❑ Y ❑ N New Work D Replace Maint ❑ ❑ Y ❑ N New Work D Replace Maint❑ ❑Y❑N New Work Replace Maint ❑ ❑ Y ❑ N New Work D Replace Maint ❑ ❑ Y ❑ N New Work D Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint❑ ❑Y❑N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N JUL 01 2020 ..l.,t- a t� NC Division of Coastal Mgt. Application Computer Sheet, Paye 3 of di New Work Lj Replace Meinl ❑ ❑ Y ❑ N New WOrkT1 Replace Mainl ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [IN RECEIVED JUL 01 2020 rovbad 02/15110 DCM-MHD CITY NC Division �� of Coastal Mgt. Application Computer Sheet. P ge a of JI Applicant: )/i dif i o.. '1//el Aio Data 6 /� F/�20 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One _ Dredge ❑ Fid M9 Both ❑ Other ❑ TOTAL Sq. Ft. (Applied for Disturbance total includes any anticipated restoration or tam im cts FINAL Sq. Ft (Anticipated final disturbance. Excludes any restoration and/or temp impact amount �- TOTAL Feet (Applied for Disturbance total includes any anticipated restoration or tempimpacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration andror temp impact amount /� L y� [ta &w Gn71Dr. Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge Fill C1 Both Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FO ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED JUL 01 2020 282-808-2808 .. 1888-1RCOA8T :: www.nccoastatmanagemant.na_t ai'a�'I"EtClTY North Carolina Department of Commerce Wanchese Marine Industrial Park Roy Cooper, Governor Anthony M. Copeland, Secretary February 21, 2020 Wanchese Marine Industrial Park Authority C/o Bob Peele, Director P.O. Box 549 Wanchese, NC 27981 NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 To Whom It May Concern, Bob Peele, Director This letter of consent is provided to satisfy the requirements of the CAMA Major Permit application for providing written authorization for use of the Engelhard Marine Industrial Park (EMIP) at 114 Hill Street, Engelhard, NC 27824. This letter is only intended to provide a general consensus for obtaining a CAMA Major Permit in reference to the Pamlico Sound Oyster Sanctuary Mitigation project and shall not be construed as a binding agreement of any type. As an agent for the underlying property owner, I authorize (he North Carolina Division of Mitigation Services (DMS) to include the property in the referenced CAMA permit application. Please note, prior to DMS, or their Contractors entering or using the site, a formal agreement between the Marine Park Authority and DMS shall be needed to document each parry's responsibilities and expectations. The agreement will provide the terns and conditions of the project along with the anticipated duration. Sincerely, lt� >,Qe. , BOB PEELE Director Wanchese Marine Industrial Park North Carolina. A Better Place To Be Post Office Box 549 •Wancli North Carolina 27981 'leL(252)473-5867 Igq"l n_lny glgqi.'rii coil. An Equal Opportunity/Affirmative Action E.mploycr RECEIVED MAY 2 8 2020 DCM-VVANVED JUL 01 2020 3CM-MHD CITY STORMWATER PERMITTING FORM 7: MINOR MODIFICATION Standard Permitting Program — No Fee for Minor Modification Express Permitting Program — See Express Fee Schedule Only complete applications packages will be accepted and reviewed. This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at: httn://deg.nc.aov/contact/reaional-offices. This form is to only to be used by the current permittee to notify the Division of a minor modification. Pursuant to Rule 15A NCAC 02H .1002 a minor modification is a change to the project that: 1) does not increase the net built -upon area; and/or 2) does not change the size or design of the SCM(s). A. GENERAL INFORMATION 1. State Stormwater Permit Number: SW7110805 2. Current Permit Holder's Company Name/Organization: Robert Peale — NC Seafood Industrial Park Authority 3. Signing Official's Name: Samir Dumper, PE 4. Signing Official's Title: Environmental Engineer 5. Mailing Address: NC DWR — 943 Washington Square Mall City: Washington State: NC ZIP: 27889 6. Street Address (if different): City: 7. Phone: (252) 946-6481 Email: ZIP: 8. Describe the minor modifications that you are requesting, including any revised BUA allocations (attach additional pages or supporting tables similar to Section IV.10 of the original application, if needed): Adding a temporary, quarter -acre (10,890 square feet) stockpile staging area in an upland area directly adjacent to the driveway/road into the site B. SUBMITTAL REQUIREMENTS Please mark "Y" to confirm the items are included with this form. Please mark "X" if previously provided. if not applicable or not available, please mark N/A.: Y 1. Two hard copies (with original signatures) and one electronic copy of this completed form. 2. Two hard copies and one electronic copy of the revised plan sheets (must be a revision of the originally approved plan sheets). 3. If there is reallocation of lot BUA, a copy of the revised recorded deed restrictions and protective covenants OR the proposed recorded deed restrictions and protective covenants documenting the changes and a signed agreement to provide the final recorded document. 4. If applicable, the appropriate Express review fee Stormwater Permit Form 7: Minor Modification Page 1 of 2 RECEIVED MAY 2 8 2020 DCM-WARO RECEIVED July 14�2(Y770 1 2020 DCM-MHD CITY C. CONTACT INFORMATION 1. The Design Professional who is authorized to provide information on the Applicant's behalf: Design Professional's Name: Todd Kennedy Consulting Firm: Moffatt & Nichol Mailing Address:4700 Falls of Neuse Suite 300 City: Raleigh State: NC Zip: 27609 Phone: (919) 781-4626 Fax: (919) 781-4869 Email: :tkennedvdmoffattnichol com 2. [OPTIONAL] If you would like to designate another person to answer questions about the project: Name & Title: Robert Neal Organization: Moffatt & Nichol Mailing Address: 4700 Falls of Neuse. Suite 300 City: Raleigh State: NC Zip: 27609 Phone: (919) 781-4626 Fax: (919) 781-4869 Email: :rnealemoffaftnichol com D. CERTIFICATION OF PERMITTEE I, , the current permittee, certify that I have authorized the minor modifications listed in Section A and shown in the attached revised plan sheets. I further attest that this information is accurate and complete to the best of my knowledge. Signature: I, , a Notary Public for the State of County of do hereby certify that personally appeared before me this the day of 20_, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature My commission expires RECEIVED MAY 2 8 2K.; RECEIVED Stormwater Permit Form 7: Minor Modification Page 2 of 2 DCMMAI- ,' oa s, mU L 01 2020 0CM-MHD CITY „" 4700 Falls of Neuse, Suite 300 Raleigh, INC 27609 mollatl & ncho; (919) 7814626'.(919) 781-4869 emu moflnOmChol com March 26, 2020 Mr. Shane Staples Division of Coastal Management NC Department of Environmental Quality 943 Washington Square Mall Washington, NC 27889 (252) 948-3851 shane.staples@ncdenr.gov Subject: NC Division of Mitigation Services Pamlico Sound Oyster Sanctuary Mitigation Project Dear Mr. Staples: The Division of Mitigation Services (DMS) has been allotted funds from the U.S. Army Corps of Engineers to design and build an artificial oyster reef sanctuary in Pamlico Sound, North Carolina. The reef sanctuary is intended to satisfy mitigation requirements for habitat impacts associated with the deepening of Wanchese Harbor, a component of the Marten (Shallowbag) Bay navigation project. The proposed project will provide 42 acres of oyster habitat in the vicinity of Gull Shoal. DMS has prepared an environmental assessment (EA) to provide information in support of an application for a Coastal Area Management Act (CAMA) Major Permit from the NC Division of Coastal Management (DCM). The EA is included as an attachment to the application. Further details on the project are available in the attached application and accompanying documentation. If you have any questions on this project, please call us at 919-781-4626, or email me at '11cennedy@moffannicholcom. Sincerely, Moffatt & Nichol 9L-?45- ] Todd Kennedy, PH, QEP Project Manager Enclosures RECEIVED MAY 2 8 2020 DCM-WARD RECEIVED JUL 01 2020 DCM-MHD CITY Staples, Shane From: Kennedy, Todd <Tkennedy@moffattnichol.com> Sent: Thursday, May 28, 2020 2:17 PM To: Staples, Shane Subject: RE: [External] RE: Permit Fee for Pamlico Sound Oyster Sanctuary Shane, DMS provided the following on the check: Paid 516/2020,CK#0000123887 Best, Todd J Todd Kennedy Moffatt & Nichol P 919.334.79711 C 919.215,9782 From: Staples, Shane <shane.staples@ncdenr.gov> Sent: Wednesday, April 29, 2020 4:36 PM To: Kennedy, Todd <Tkennedy@moffattnichol.com> Subject: RE: [External] RE: Permit Fee for Pamlico Sound Oyster Sanctuary Todd, Any word on whether a transfer of funds have occurred. I have not received any additional notifications. Thanks, Shane Shane F. Staples DCM Field Representative Washington Regional Office sha ne.staolesCdncdenr.Rov office: 252-948-3950 cell: 252-204-4081 943 Washington Square Mall Washington, NC 27817 From: Kennedy, Todd Imailto:TkennedvL8moffattnichol.com] RECEIVED Sent: Wednesday, April 8, 20204:33 PM JUL 01 2020 DCM-MHD CITY To: Staples, Shane <shane.staples0ncdenr.Rov> Subject: [External] RE: Permit Fee for Pamlico Sound Oyster Sanctuary Thank you J Todd Kennedy Moffatt & Nichol P 919,334.79711 C 919.215.9782 From: Staples, Shane <shane.staplesCc ncdenr.¢ov> Sent: Wednesday, April 8, 2020 4:25 PM To: Kennedy, Todd <Tkennedyfamoffattnichol.com> Subject: FW: Permit Fee for Pamlico Sound Oyster Sanctuary CAUTION: This email originated from outside of the organization. Todd, see the e-mail below with the center number and account number for the permit fees. Shane Shane F. Staples DCM Field Representative Washington Regional Office sha ne.sta pies P ncden r.eov 252-948-3950 943 Washington Square Mail Washington, NC 27817 From: Gibson, Jessica M Sent: Wednesday, April 8, 2020 10:09 AM To: Staples, Shane <shane.staples@ncdenr.zov> Subject: RE: Permit Fee for Pamlico Sound Oyster Sanctuary Hi Shane, Our center number for permit fees is: 1601-1625-6253 Account number: 435100093 Thanksl Jess From: Staples, Shane Sent: Wednesday, April 8, 2020 9:07 AM RECEIVED To: Gibson, Jessica M <Jessica.Gibsonfu@ncdenr.eov> Subject: FW: Permit Fee for Pamlico Sound Oyster Sanctuary JUL 01 2020 DCM-MHD CITY Jessica, I have a major permit that I need to get payment worked out on. The applicant is the Division of Mitigation Services but Moffatt and Nichol has been their agent on most of the work. DMS wants to electronically transfer the $475 fee for the Major Permit application to DCM and need account information for the transfer. The consultant and DMS contacts are in the email below. Marine Fisheries does this all the time for their reef projects and I just get notification of payment so I really do not know what all needs to happen on the front end of the transaction. Thanks Shane Shane F. Staples DCM Field Representative Washington Regional Office sha ne.sta oles@ncden r.gov 252-948-3950 943 Washington Square Mall Washington, NC 27817 From: Xu, Lin Sent: Tuesday, April 7, 2020 3:07 PM To: Staples, Shane <s_hane.staples@ncdenr.pov> Cc: Kennedy, Todd <Tkennedv@moffattnichol.com>; Lowe, Summer R <summer.lowe(lncdenr.¢ov>; Davis, Debby <debbv.davis(@ncdenr eov> Subject: Permit Fee for Pamlico Sound Oyster Sanctuary Shane, I am sending a example fee memo for us to paying 401 permit fee to DWR. If you can give me the DCM's account number for DMS transferring fund to, I can draft a similar memo and have DMS's financial persons to transfer the permit fee. Thanks. Lin Lin Xu Project Review Coordinator Division of Mitigation Services Department of Environmental Quality (919)707-8319 Office (919) 219-8476 mobile tin xu(olncdenr.gov 1652 Mail Service Center Raleigh, NC 27699-1652 ''Nothing Compares - RECEIVED JUL 01 2020 DCM-HAND CITY Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. RECEIVED JUL 01 2020 0CMV-WIND CITY