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.
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DIVISION OF COASTAL MANAGEMENT
Application Processing Notes
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Type: (Check all that apply)
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Permit Coordinator:
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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
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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
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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.
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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.
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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
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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)
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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
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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
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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
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MAY 2 8 2020
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,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
----------------------------------- ------------
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MAY 2 S 2020
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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