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HomeMy WebLinkAbout27-20 Carteret CountyPermit Class NEW Permit Number 27-20 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V ermit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Carteret Countv and Charles and Cindv Stvron, 302 Courthouse Square, Beaufort, NC 28516 Authorizing development in Carteret County at adi. to Core Sound at the end of Seashore Dr. in Atlantic Harbor and White Point, in Atlantic, as requested in the permittee's application dated "Received MP Section MHD 2/19/20" (MP-1), 8/29/19 (MP-2) and 8/28/19 (MP-4), incl attached workplan drawings (13) as referenced in Condition No. 1 below. This permit, issued on February 25, 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 )f these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null ana vora. 1) Unless specifically altered herein, all development shall be carried out in accordance with the attached workplan drawings (13), Sheets 1 and 5,6,7,8,9,10 and 11 of 11 dated "Rec MP Section MHD 1/27/20", Sheets 2,3,4 dated "Received MP Section MHD 2/10/20" and Sheet 6A of 12 dated "Rec MP Section MHD 2/19/20". Excavation 2) In order to protect juvenile shrimp and fmfish populations, no excavation or filling shall be permitted between April 1 and November 15 of any year without the prior approval of the Division of Coastal Management and the U.S. Army Corp of Engineers, in consultation with appropriate resource agencies. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Carteret County and Charles and Cindy Styron Permit No. 27-20 Page 2 of 5 ADDITIONAL CONDITIONS 3) No excavation shall take place outside of the area indicated on the workplan drawings. 4) Excavation within the basin shall not exceed -6 feet below the mean lower low water level and excavation within the access channel shall not exceed -7 feet below the mean lower low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 5) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 6) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding waters. 7) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Spoil Disposal 8) No spoil material shall be placed within 30 feet of the mean high water line. 9) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 10) The diked disposal area shall be constructed a sufficient distance from the mean high water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. 11) The diked disposal area shall be maintained with a vegetated ground cover sufficient to stabilize the area within 30 days of completion of any phase of grading cut or filled slopes. 12) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 13) In order to protect waters adjacent•to the designated dredge spoil disposal site, the permittee shall provide the Division of Marine Fisheries — Shellfish Sanitation Section the dredge plan and the location of the spoil disposal site prior to any dredging activity, so a swimming advisory or shellfish closure determination can be made, and documentation of this coordination provided to the Division of Coastal Management. Carteret County and Charles and Cindy Styron Permit No. 27-20 Page 3 of 5 ADDITIONAL CONDITIONS Maintenance Clause 14) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the pemuttee's signature shown anew on the original plan. Livine Shoreline 15) In accordance with commitments made by the permittee and in order to satisfy concerns of the resource agencies, the fill associated with the Coastal Wetland plantings is hereby deleted. Any and all reference to the originally proposed fill for Coastal Wetland planting is hereby considered null and void. 16) The living shoreline shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 17) No open water shall be filled, even temporarily, outside of the approved living shoreline alignment. 18) The alignment of the authorized living shoreline shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. 19) The height of the permitted living shoreline shall not exceed the dimension depicted on the attached workplan drawings. 20) The living shoreline shall be constructed with gaps, all as depicted on the attached workplan drawings. 21) In addition to the lighting commitments made by the permittee, the living shoreline shall be marked at 50-foot intervals with yellow reflectors extending at least three feet above mean high water. 22) In accordance with commitments made by the permittee, the Estuarine Waters located between the authorized living shoreline and the high ground shall be planted with native Coastal Wetland species, all expressly and specifically detailed in the attached narrative and workplan drawings. This Coastal Wetland planting area shall be monitored, and replanted as necessary, for a minimum period of 5 years after the first planting event, or until the Division of Coastal Management has notified the permittee in writing that the planting efforts has been deemed successful. Documentation of the monitoring results shall be provided annually to the Division of Coastal Management. If, after 5 years, the Division of Coastal Management determines the plantings unsuccessful, remediation of the planting area or removal of the breakwater structures may be required. Carteret County and Charles and Cindy Styron Permit No. 27-20 Page 4 of 5 ADDITIONAL CONDITIONS 23) Should the Lot to the northeast (Smith) be sold prior to the initiation of construction of the living shoreline, the permittee shall obtain a written agreement from the new owner(s) waiving the 15 foot riparian corridor setback and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. USACE Conditions 24) Turbidity curtains will be used during dredging. Turbidity curtains will be made of material in which listed species cannot become entangled (i.e. reinforced impermeable polycarbonate vinyl fabric (PVC)), and shall be monitored to ensure listed species are not entangled or trapped in the action area. Turbidity curtains will be removed promptly when the work is complete and the water quality in the action area has returned to background conditions. General 25) Should the Lot to the north of White Point (Styron) be sold prior to the initiation of the dredging, construction of the diked spoil disposal site or construction of the living shoreline, the permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and authorization to construct the portion of the authorized development within the property owner's riparian rights, and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. 26) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the written approval of the Division of Coastal Management. 27) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 28) 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-2017-02285) reissued on 2/11/20. 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. 2020-0057 issued 2/12/20. Carteret County and Charles and Cindy Styron Permit No. 27-20 Page 5 of 5 ADDITIONAL CONDITIONS NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the mean high water level. NOTE: An application processing fee of W5 was received by DCM for this project. This fee alsc satisfied the Section 401 application processing fee requirements of the Division of Water Resources. ll DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New _ Y Major Mod Permit# Minor Mod Permit Coordinator: L/i: Field Representative:._ ()._�1__ _. Date Time I l� Z,6A A N. 0y ?0C -i (- Renewal Message Transfer �,en+{dComxerrts a- L lI - P ZCP,:%q-td l N �cY�wl ,ecru- N Ca1 A404 cEo(�5 %fib. ^ 0�vrs" OG r 45 �. U5R2E olu[ 2I1�{ SeOk r4-9 i I p ag^- - I II r 4vvus APO � P uvkd . t4wW, Jr.1c� -PoY Kos -t� PNr� 4 ;Ce;x� UPL i �t����s. u�;�� f4y KPLe 9 NO- �q (Nark �xi-��I,S �rv�sa� (,-�/ c[ way 1 1 f ,- j.1 C ti. • r d4qwcl —z, Y-Y") P''O /�v I—dr✓ +? -Za -f�% f'vpd-n Tyr- '� DCM Coordinator: Permit 07—Zt_--> MAILING DISTRIBUTION SHEET Permittee: DCM Field Offices Elizabeth City Washington Morehead City ?IQA Wilmington US ACOE Offices: tine „r�•fG zS��1of, i*riG�at.kwY <�..{�nc.so✓ (with revised work plan drawings) (OBJECTIONS Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bete, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanove� Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov a Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARO) Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Anne Deaton David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: Robb Mairs — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARD) Natural Heritage Pro pram Rodney Butler /k4 LPO: � � (NCDOT) Travis Wilson Bodnar, Gregg From: Neal, Robert <rneal@moffattnichol.com> Sent: Monday, February 3, 2020 3:20 PM To: Bodnar, Gregg; Huggett, Douglas Cc: Rudi Rudolph Subject: RE: [External] RE: Atlantic Harbor Yes, my understanding is White Point was built from Atlantic Harbor dredge spoil, but at a minimum we placed 1,000 CY on White Point last summer. Rudi may be able to provide additional clarification. Regardless, I do not see an issue with not using fill, just wanted to make sure I understood correctly. Also, I have some additional plan revisions based on USACE comments. I hope to forward those drawings by early tomorrow. Sorry for the trouble.... Robert Neal Moffatt & Nichol 272 N. Front Street I Suite 204 1 Wilmington, NC 28401 P 910.218.7100 1 F 919.781.4869 1 C 910.524.3285 From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov) Sent: Monday, February 03, 2020 2:52 PM To: Neal, Robert <rneal@moffattnichol.com>; Huggett, Douglas <dhuggett@moffattnichol.com> Cc: Rudi Rudolph <grudolph@carteretcountygov.org> Subject: RE: [External] RE: Atlantic Harbor Was White Point used in the past as the spoil site for Atlantic Harbor? If so that may require additional testing of White Point, but I will pass along the question. Based on DMF comments though, they do not prefer any fill be used for wetland plantings, so I will somewhat assume that the request will not make much of a difference there. I will keep you up to date as answers to your question come in. Thanks, G regg From: Neal, Robert <rneal(a@moffattnichol.com> Sent: Monday, February 3, 2020 2:37 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Huggett, Douglas <dhuggett@moffattnichol.com> Cc: Rudi Rudolph <grudolph@carteretcountvgov.org> Subject: [External] RE: Atlantic Harbor Thanks Gregg. Just to clarify, would all agencies support re -grading White Point to facilitate the living shoreline and marsh grasses with placement of the existing material below MHW? Thus, no dredge spoil would be added as backfill to White Point, but we would re -position the existing material to form our intended slopes. Otherwise, thank you very much for providing these comments! Robert Neal Moffatt & Nichol 272 N. Front Street I Suite 204 1 Wilmington, NC 28401 P 910.218.7100 1 F 919.781.4869 1 C 910.524.3285 From: Bodnar, Gregg[mailto:greae.bodnar@ncdenr.aov] Sent: Monday, February 03, 2020 2:24 PM To: Neal, Robert <rneal@moffattnichol.com>; Huggett, Douglas <dhue¢ett@moffattnichol.com> Subject: Atlantic Harbor 'CAUTION_ This email originated from outside of the organization. Afternoon all, Please see the above comments from Shellfish and DMF. I spoke to WRC and DWR and they relayed similar concerns, though I have not received the comments to date. DMF and Shellfish both have concerns with using the contaminated spoil for the Coastal Wetland areas, to the point that its use will cause a shellfish closure. DMF asks that no fill be used and to allow the plantings to naturally infill the area and Shellfish asks that if fill is used, that it comes from an upland source. Finally the containment of spoil on the uplands must be contained by a substantial control berm and not just a sedimentation barrier. The issues do not require any changes in workplans, unless you prefer. Any changes can be detailed through email and I will make note in the file. Thanks, G regg DEQ M5nadteYaamc+ntoas` Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 BOB 2808 ext 215 (Office) _! GreffzBodnarQncdenr.aov txwYcorrespondeace to and from this address is subject to the North CoroNno public Records law and maybe dhdosed to third partks. Bodnar, Gregg From: Huggett, Douglas <dhuggett@moffattnichol.com> Sent: Monday, February 10, 2020 3:43 PM To: Bodnar, Gregg; sarah.e.hair@usace.army.mil Cc: Rudi Rudolph; Eugene Foxworth; Neal, Robert Subject: [External] FW: Atlantic Harbor letter Attachments: 101S3- ATLANTIC SHEETS 2-4 REVISED.PDF; 10153-AH_LivingShoreline- Backfill USACE Easement-021020.docx Gregg Based upon additional communication with Justin Arnett with the Corps Navigation Section, please accept a slightly modified letter concerning this project. The revised plan sheets remain unchanged from rour submittal earlier today. Than Doug WvZwS 6WA 2831t{Jf (� (('^ �MO tloi� 2�1o(lc7 jR' S h �j -6M L[.J Environmental Permit Specialist/Project Manager Moffatt & Nichol 310-B Greenfield Drive Newport, NC 28570 Main 919.781.4626 ext.12149 Direct 919.645.0649 Cell 919.534,6834 Creative People, Practical Solutions. From: Huggett, Douglas Sent: Monday, February 10, 2020 1:23 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; sarah.e.hair@usace.army.mil Cc: Rudi Rudolph <grudolph@carteretcountygov.org>; Eugene Foxworth <Eugene. Foxworth@carteretcou ntync.gov>; Neal, Robert <rneal@moffattnichol.com> Subject: FW: Atlantic Harbor letter Gregg, 4 Attached please find additional correspondence and plan -sheet revisions concerning the Carteret County — Atlantic Harbor permit application review. I hope that this information will alleviate resource and permit agency concerns and allow for permitting of this project to move forward. Due to the fact that timing on this project is becoming critical from a contacting and construction standpoint, please let either Robert Neal or myself know as soon as possible if there are any other issues that need to be addressed before permit issuance. I really appreciate all your help and hard work on this review. Thanks Doug Environmental Permit Specialist/Project Manager Moffatt & Nichol 310-B Greenfield Drive Newport, NC 28570 Main 919.781.4626 ext.12149 Direct 919.645.0649 Cell 919.534.6834 Creative People, Practical Solutions. Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, February 3, 2020 2:24 PM To: 'Neal, Robert'; Huggett, Douglas Subject: Atlantic Harbor Attachments: D00012420-01242020144604.pdf Afternoon all, Please see the above comments from Shellfish and DMF. I spoke to WRC and DWR and they relayed similar concerns, though I have not received the comments to date. DMF and Shellfish both have concerns with using the contaminated spoil for the Coastal Wetland areas, to the point that its use will cause a shellfish closure. DMF asks that no fill be used and to allow the plantings to naturally infill the area and Shellfish asks that if fill is used, that it comes from an upland source. Finally the containment of spoil on the uplands must be contained by a substantial control berm and not just a sedimentation barrier. The issues do not require any changes in workplans, unless you prefer. Any changes can be detailed through email and I will make note in the file. Thanks, Gregg j Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 2S2 808 28M ext 215 (Office) —� Gregg;8odnar�ncdenrgov Email correspondence to and from this address Is subject to the North Carolhro PabNcRecords Low and may be disclosed to third parties. Bodnar, Gregg From: Neal, Robert <rneal@moffattnichol.com> Sent: Monday, January 27, 2020 9:53 AM To: Bodnar, Gregg Cc: Rudi Rudolph; Huggett, Douglas Subject: RE: [External] RE: Atlantic Harbor additional information request Thanks Gregg, Yes these should replace the previous drawings. In regards to the markings, I'm confident the County would be willing to add the additional markings if necessary. We felt since the wave attenuators were separate or in sections and somewhat offshore, they should each be lighted, at least near the tip of White Point. Especially since the local boaters exit the channel near the point in order to reach deep water quicker. We are concerned it could be too much or too many lights, but also would rather error on the side of caution and adjust afterwards instead of creating a navigation hazard. Thanks for your assistance! Robert Neal Moffatt & Nichol 272 N. Front Street I Suite 204 1 Wilmington, NC 28401 P 910.218.7100 1 F 919.781.4869 1 C 910.524.3285 From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Monday, January 27, 2020 9:29 AM To: Neal, Robert <rneal@moffattnichol.com> Cc: Rudi Rudolph <grudolph@carteretcountygov.org>; Huggett, Douglas <dhuggett@moffattnichol.com> Subject: RE: [External] RE: Atlantic Harbor additional information request Morning Robert, Thanks for the updated plans, the additional information in addition to your detail below is much appreciated. I want to make sure, do you intend that these updates replace the existing workplans? One thing that I need to discuss with staff at this point is the distances of the markings. Typically we address markings through our GP which identifies reflective markings 3 foot above NWL every 50 feet. The lighted ATON every approximately 200 feet around the point, though not totally consistent with our rules, is more robust in the style of marking. I could see a request for the smaller reflective markers at some locations in addition, but they would be minor in nature. Thanks again and I will distribute immediately once I get word from you if these replace the existing workplans. Gregg From: Neal, Robert <rneal(@moffattnichol.com> Sent: Friday, January 24, 2020 6:35 PM To: Bodnar, Gregg <gregg.bodnarCa)ncdenr.gov> Cc: Rudi Rudolph<grudolph@carteretcountygov.org>; Huggett, Douglas <dhuggett@moffattnichol.com> Subject: RE: [External] RE: Atlantic Harbor additional information request Good afternoon /evening Gregg, Please find attached the revised permit drawings for Atlantic Harbor. We have attempted to address the comments provided, but please let me know if you believe additional clarification would benefit. In regards to the comments, the drawings address them as follows: 1. The revised sheet 8 shows in planview, the wave attenuators, the sill openings, the sill alignment, and the graded slope area (which goes up to the +2 MLLW contour) at a 1"=100 scale. 2. There are no attenuators proposed on the channel side of White Point. The wave energy is anticipated to be lower on that side of White Point and should not require the wave attenuator. Due the space limitations we also felt the wave attenuators would be difficult to fit. 3. The sill height or top elevation is constant at +2.0 MLLW. MHW is defined as 0.68 MLLW, so the height difference remains relatively constant at approximately 1.32-ft. (The revised sheet 11 shows the sill elevation on both sides of White Point.) 4. The sill openings dip as low as-1.75-ft MLLW, which is approximately 1.85-ft below MLW. The sill openings raise at approximate 2:1 slopes, so there is an approximate 7.4-ft opening in the sill at the MLW elevation. 5. A. The revised sheet 8 shows the sill location in planview with the proposed MHW contour. B. Navigation markers (lights) have been added to the four (4) wave attenuator systems starting along the point of White Point. Two (2) systems, located near the White Point terminus, are not proposed to be marked. (The revised sheet 8 shows these features.) 6. A. The revised Sheet 8 shows in planview, the wave attenuators, the sill openings, the sill alignment, and the graded slope area (which goes up to the+2 MLLW contour) at a 1"=100 scale. The plantings will be installed along the sloped area. (Currently there are no plantings proposed for the spoil placement area. ) B. The MHW and MLW elevations have been added to the cross section now on sheet 11. 7. Revised sheet 4 shows the dredge footprint (excluding side slopes), the USACE authorized channel limits, the USACE setback line adjacent to the navigation channel, and the provided easement line on White Point. (Please note, the dredge footprint is shown in a 'shade' for clarity. Thanks again for your assistance and patience on this one! Best Regards, Robert Neal, P.E. Moffatt & Nichol 272 N. Front Street I Suite 204 1 Wilmington, NC 28401 P 910.218.7100 1 F 919.781.4869 ( C 910.524.3285 Creative People, Practical Solutions. Connect with us: Website ( Facebook I Linkedln I Twitter 9 From: Bodnar, Gregg[mailto:gregg.bodnar@ncdenr.govj Sent: Friday, January 17, 2020 10:22 AM To: Neal, Robert <rnealCa)moffattnichol.com> Cc: Huggett, Douglas <dhuggettPmoffattnichol.com>; Weychert, Curtis R <curt.weychertCcDncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US)<Sarah.E.HairCa)usace.army.miI>; Dunn, Maria T. <maria.dunnPncwildlife.org>; Mairs, Robb L <robb.mairs@ ncdenr.gov> Subject: Atlantic Harbor additional information request CAUTION: This email originated from outside of the organization. Morning Robert, Thanks for the link to the project, it seems to have worked perfectly. I just completed my review of the project and have reached out to DMF, DWR and the USACE to ask about their thoughts/concerns since Doug stopped by asking the sill portion of the project. Some questions have come of my request and I have listed them below. 1. 1 noticed that the workplans seem to be disconnected and difficult to decipher. For example, Sheet 2 of 10 concerning the dredging (at a 1:300 scale) has the openings and attenuators depicted, but Sheets 6 and 7 of 10 (at a 1:120 scale) depicting the alignment of the sill and the graded slope for the plantings, but does not show the openings and attenuators together. 2. It is difficult to determine, but it does not seem there are attenuators in front of the openings along the dredge footprint. 3. The height of the sill above NHW is not readily available. Since the sill is extensive, do you have a min, max and average height above NHW? Or maybe the height at each of the stations? 4. Where is NLW in relation to the sill openings? There may be concern that the semi -filled openings may not allow enough water exchange at NLW in conjunction with the openings 200' apart (see DMF) 5. With MHW on Sheet 5 of 10, but not on the sheets that depict the sill, it is difficult to determine distance of the sill from NHW. a. Can you add NHW to the sheets depicting the sill? b. Is there any plan to mark the sill? 6. DMF has concerns over the sill openings and elevation of the backfill and the spatial extent of the fill. a. An overhead map (preferably scale 1"=100') noting the area of the sill placement, wave attenuator placement, vegetation plantings and spoil plantings along with lines indicating MHW and NLW. b. Across section very similar to sheet 10 of 10 with the addition of lines showing the MHW and NLW. 7. USACE — Please see email above. 8. WRC —Spoken to Maria and she expressed similar concerns to DMF 9. DWR— Robb is tied up with other matters and has not been able to respond. But I wanted to send this along without further delay. When Robb has a chance to respond I will pass along immediately. So overall for the sill component, can you provide a workplan with all the living shoreline components? USACE is the only, one requesting additional information on the dredge component. If you are able to provide these additions within 5 days then an official hold will not be necessary. If more time is needed please give me a call and we can discuss an Applicant Hold, etc., whatever might be appropriate. Thanks for everything and I am available to discuss, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 (Office) Gre_,g&g0narJRncd gr gqv Ewan correspondence to and fivrn this address Is subject to the North Caroilna Publk Records tow and may be dhdoaed to third parties. Bodnar, Gre From: Brownlow, Roy /l / Sent: Wednesday, January 15, 2020 4:22 PM AAA„ k (T rJ or To: Bodnar, Gregg Cc: Davenport, Ryan; Howell, Jonathan Subject: Riparian Determination Gregg: After review of the Bumpus property (Tract 1 as per Deed) in regards to the County's dredging permit application, and after discussion with DCM staff, it appears this property is not "riparian," therefore, notification is not required. Roy Brownlow Distn'ct Manager, Division of Coastal Management North Carolina Departrnent of Environmental Quality 252.808.2808 (Office) ,,,,,, Roy. Brownlow nodenr.gov &W o rrm pcvxt ice to end tan the of aw s a4ga b me AWh G"w r),ba Fir arks !gym arxi fray be dscbse0 to Owd parbw Bodnar, Gre From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, January 15, 2020 4:30 PM To: kathryn_matthews@fws.gov; Leigh Mann@fws.gov; pace.wilber@noaa.gov; Pete_Benjamin@fws.gov; Owens, Jennifer L CIV USARMY CESAW (USA); HORTON, J TODD CIV USARMY CESAW (US); Arnette, Justin R CIV USARMY CESAW (USA); DCR - Environmental_Review; Bowers, Todd; ethan coble; Ryan.L.Taylor@uscg.mil; fritz.rohde, matt creelman; Bodnar, Gregg; Twyla Cheatwood; John; Marrs, Robb L, MacPherson, Tara; Howell, Jonathan; Haupt, Mac; Davenport, Ryan Cc: Charles, Thomas P CIV USARMY CESAW (USA) Subject: [External] CAMA MAJOR/PGP 291/SAW-2017-02285/ Atlantic Harbor Maintenance Dredge & White Point Marsh sill/living shoreline project/Carteret Attachments: SAW-2017-02285 Atlantic Harbor ePN.PDF; Field Report.pdf; 10153-AH- Narrative-090919.pdf; 10153-AH-Permit_Drawings-090919.pdf; GoogleEarth_Placemark.kmz; 10153-AH-Form_MP-1-090919.pdf; 10153-AH- Form_MP-4-090919.pdf; 10153-AH- Form- MP-2-090919.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> All Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit request for the subject project. The attached notice requests federal agency comments on this project by February 14, 2020. The applicant proposes to perform maintenance excavation of the federal project Atlantic Harbor of Refuge, dispose of material on White Point, and construct a marsh sill/living shoreline around the shore of White Point, in Atlantic, Carteret County, North Carolina. Coordinates in Decimal Degrees are: 34.885286 N,-76.332013 W Specifically, the project consists of conducting maintenance dredging within the entrance channel and inner harbor of Atlantic Harbor of Refuge, via bucket to barge method, place spoil material on White Point, located immediately adjacent to the federal project, and construct a 1,735 linear foot granite rock sill and six 25 linear foot engineered wave attenuators, for a total length of 1,885 linear feet along the White Point Shoreline. The proposed cut in the access channel would be 1,900' long and 40' wide. Water depth in this area would increase from -3' MLLW to -6' MLLW. A tota of 10,750 cubic yards of material would be excavated from the access channel. The proposed cut in the basin would be 700' long and 190' Wide. Water depth in this area would increase from -4.5' MLLW to -5' MLLW. A total of 2,500 cubic yards would be excavated from the basin. Connecting water depths range from -V to -8' at Normal Low Water. The excavated material would be placed on White Point directly adjacent to the access channel. The applicant also proposes to stabilize White Point with a combination granite sill and living shoreline. The granite sill would be 1,885' long and range in width from 4'-28' depending on the portion of shoreline. The structure would extend a maximum of 33' waterward of NHW. The structure would then be backfilled with 300 cubic yards of dried dredge spoil to cover 20,706 square feet. The backfill area would be planted with Coastal Wetland plants in association with NC Coastal Federation. Additionally, in order to minimize impacts associated with the project, the applicant proposes to utilize turbidity curtains and limit dredging activities to daylight hours between November 16 to March 31. Please see the attached application request and narrative, plans, field report dated December 9, 2019, and location map for more detailed information concerning the proposed project. EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but is not likely to adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. The application identifies waters within the project area as designated SA-ORW by the Division of Water Resources. Waters within the project area are NOT designated as PNA by the NC Division of Marine Fisheries, and are closed relative to the taking of shellfish. Current water depths within the basin and entrance channel project area is -3' to - 4.5'MLLW. Based on aerial photography, SAV is not present within the project area. ESA: The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project may affect but is not likely to adversely affect the West Indian manatee. The project will not affect any other species listed as threatened or endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the project area. NHPA 106: The project site is located adjacent to Atlantic Historic District. Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places, the Corps has preliminarily determined that the proposed project will have no effect on cultural resources and requests concurrence from the State Historic Preservation Office. *Section 408 coordination request will follow by separate email. **Due to file size the following link is provided for the full application materials: https://team. moffattn icho I. co m/Down loa d W e b/predown loa d.aspx?qs=LR82 FP L2G KZR2G SJASQRF9 B42ADXJ RARDZR67 K R5WUV9LHBNQGC7QZ51MXV3V887TU38HHH4LULEJTE6BX5GFZH2BB2EJ5ZXD74RUQLLWC3ZKYSKU9BY8A4U653GL44XC 4JL46MA9F7UH3UXAKCBXQGT6ZHDHBFGXLBLHTK7RG2C5NZAFXGK8B9Y3NTFPFPA2FRBKP8G7JQ6G2EV59YU5DVCWQ> Please let me know if you have any questions or trouble with the link. It will expire February 7, 2020. Please provide comments by February 14, 2020. Thank you, Liz Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, February 17, 2020 12:30 PM To: Rudi Rudolph; Gene Foxworth; Neal, Robert; Huggett, Douglas Cc: Davenport, Ryan Subject: Atlantic Harbor Attachments: Carteret County Atlantic Harbor EXT.pdf Afternoon all, I forgot to mention this during the call today. But if you have any questions please let me know. Thanks, Gregg �¢c.rw®n ct rRnaa.M.N � Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 21S (Office) Gmmt.epdnar ncdenlmvv Email correspondence to and from this address Is subjed to the North Carolina Public Records law and may be disclosed to third parties. ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director NORTH CAROLINA Environmental Quay February 17, 2020 Carteret County Rudi Rudolph (grudolph@carteretcountync.gov) Eugene Foxworth (Eugene.Foxworth@carteretcountync.gov) Dear Mr. Rudolph and Mr. Foxworth, This letter is in reference to the application submitted for Carteret County, for a Coastal Area Management Act Major Permit to undertake development activities to perform dredging of Atlantic Harbor and access channel, and construct a living shoreline adjacent to White Point, in Carteret County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make May 2, 2020 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, Gregory dnar Assistant Major Permits Coordinator Cc: DCM Morehead City Robert Neal (Moffatt & Nichol) meal@moffattnichol.com Doug Huggett (Moffatt & Nichol) dhuggett@moffattnichol.com DEQ North Carolina Department of Environmental Quality I Divislon of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead Chy, North Carolina 28557 252.808.2808 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Carteret County COUNTY: Carteret PROJECT NAME: Atlantic Harbor LOCATION OF PROJECT: End ojSeashore Dr, Atlantic DATE APPLICATION RECEIVED COMPLETE BY FIELD:12-4-19 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: Yes FIELD REPRESENTATIVE: Ryan Davenport DISTRICT OFFICE: MHC DISTRICT MANAGER REVIEW: Date B) DATE RECEIVED BY MAJOR PERMITS UNIT: 111312020 FEE REC'D: $475 (60140) # 236871 APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 12-22-19 ADJ. RIP. PROP NOTICES REC'D: 911212019 C) 75 DAY DEADLINE: 2-17-20 HOLDS: EMAIL OUT DATE: Click or tap to enter a date. PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 1-11-20 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: Click or tap to enter a date. AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep Z It DCM—LUP Consistency Determination l LI ZO ��irf>r� Local Permit Officer Corps of Engineers — Regulatory Branch ZIII Ot l ZZf3s DWR-401 Section 'o DWR—Public Water Supply ( 10 Zo DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office �7 Wildlife Resources Commission 2 yp 1T6 DMF — Shellfish Section 17j0I DMF — Habitat & Enhancement III 1W Ch i O DNCR — Archives & History ILL Za i DNCR — Natural Heritage Program NCDOT NC Dept of Commerce ll (W qK Bodnar, Gregg From: Davenport, Ryan Sent: Tuesday, February 11, 2020 8:42 AM To: Bodnar, Gregg Cc: Brownlow, Roy Subject: RE: Recommendations for Atlantic Harbor Gregg, I recommend the permit to be issued based on comments from resource agencies. Ryan From: Bodnar, Gregg Sent: Tuesday, February 11, 2020 8:18 AM To: Davenport, Ryan <ryan.davenport@ncdenr.gov> Cc: Brownlow, Roy <roy.brownlow@ncdenr.gov> Subject: Recommendations for Atlantic Harbor Hey Ryan, Do you have recommendations available? Thanks, Gregg D_E Q�, tMYF�gl gfw�gwW Wp� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 BOB 280 on 21S (Dfflce) Gremkdnu@ncdenr eov Enw# conespondeme to and from dds address is wbJect to the North Carogno Ps* k Reco►ds taw and may be dkdosed to third parries. ROY COOPER MiCHAEL S. REGAN BRAXTON DAVIS January 2, 2020 MEMORANDUM FROM Gregg Bodnar, Assistant Major Permits Coordinator NCDECI - DivisionofCoastalManagement RECEIVE® 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar(ZDncdenr.gov JAN (2 SUBJECT: CAMA Major Permit Application Review Applicant: Carteret County - Atlantic Harbor iiY' SECTION! 7:71 Project Location: End of Seashore Dr, Carteret County Proposed Project: Maintenance excavate & place spoils in White Point Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greco Bodnar at the address above by January 23, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 x210 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 IC A' 1F+ VOVF-ADK1CK� AGENCY k r 1 SIGNATURE q 0�4�oa DATE t 1z1 t ZD2V State of North Carolina I Environmental Quality I Coastal Managemmt 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 RECEIVED JAN 02 2020 DCM-MHD CITY ROY COOPER Coves w MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director NORTH CAROLINA Eaylroammtai Quality TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management ' oA FROM: Rachel Love-Adrick, District Planner�y{/�/ Division of Coastal Management (J SUBJECT: Major Permit request by Carteret County, Atlantic Harbor DATE: January 21, 2020 F&I6'o .P lr ED JA^ � iu'X''0 d _ VtP SrECTION FAI-ID Consistency Determination: The request is consistent with/not in conflict with the Carteret County Land Use Plan certified by the CRC on December 20, 2010. Overview: The Atlantic Harbor project is located in Core Sound in the community of Atlantic, Carteret County. The existing federal harbor and federal channel is located at the end of Seashore Dr. in Atlantic. The harbor was constructed in 1972, and last excavated in 2018 under General Permit #7140C. Carteret County is proposing to maintenance excavate Atlantic Harbor and place spoils in the White Point area immediately adjacent to the harbor. Additionally, Carteret County is proposing to stabilize White Point with a rock sill and living shoreline. The proposed cut in the access channel would be 1,900' long and 40' wide. Water depth in this area would increase from -3' MLLW to -6' MLLW. A total of 10,750yd3 would be excavated from the access channel. The proposed cut in the basin would be 700' long and 190' Wide. Water depth in this area would increase from -4.5' MLLW to -5' MLLW. A total of 2,500yd3 would be excavated from the basin. Connecting water depths range from -6' to -8' at Normal Low Water. The excavated material would be placed on White Point. Carteret County also proposes to stabilize White Point with a combination granite sill and living shoreline. The granite sill would be 1,885' long and range in width from 4' -28' depending on the portion of shoreline. The structure will extend a maximum of 33' waterward of NHW. The structure will be backfilled with 300yd3 of dried dredge spoil to cover 20,706ft2 The backfill area will be planted with Coastal Wetland plants in association with NC Coastal Federation. �w:xD_EQ 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 Areas of Environmental Concern (AECs) include Estuarine Waters (EW) and Public Turst Areas (PTA). The area of Core Sound is classified as SA (Market Shellfishing, Salt Water) and ORW (Outstanding Resource Water). It is not a Primary Nursery Area (PNA), and is closed to the harvesting of shellfish. A review of wetlands, SAV (Submerged Aquatic Vegetation), and cultural/historical resources was not provided. Anticipated impacts: This project should increase navigation of the area by recreational boaters and provide a deeper channel for commercial fishing vessels to safely ingress and egress. There would be 4.86ac ac of EW and PTA excavated and .5 ac of EW and PTA filled during this project. There would be 2.74ac of high ground filled. Temporary turbidity could occur during excavation and construction of the living shoreline. Basis for Determination: The project site is located in Carteret County and is subject to the 2005 Carteret County Land Use Plan Update. The Future Land Use Map (FLUM) designates the site as Community (land) and Conservation due to the sites location in Estuarine Shoreline, Public Trust Area, and Estuarine Waters, and Coastal Wetlands AECs (Areas of Environmental Concern). Land uses allowed in Areas of Environmental Concern are those consistent with the State's minimum use standards and state and federal regulations. The following LUP policies may be applicable to this request: Policy 2.2 Carteret County's policies for development in coastal shoreline areas are as follow: 1. "Carteret County will allow all uses (such as residential, commercial, industrial, and institutional) in estuarine shoreline and ORW estuarine shoreline areas, provided all local, state, and federal standards are satisfied." Policy 2.4 Carteret County's policies for development in estuarine and public trust waters are as follow: 1. "Carteret County will only allow development activities in estuarine and public trust waters that are associated with water -dependent uses, consistent with state and federal standards, and meet all local policies contained in this plan." i�a_EQ� w / North Carolina Department of Environmental Quality 1 Division of Coastal Management Morehead City Office 1 400 Commerce Avenue 1 Morehead City, North Carolina 28557 252.808.2808 a ER 20-0090 ROY COOPER Received: 01/09/2020MICHAEL S. REGAN Historic Preservation Office `0w"' BRAXTON DAVIS NORTH CAROUN:, Dirrrnv. Dnmi ,, afCmand i:brl+nnntr.H61 OlatLlt, Afn,.gemral Due: 01 /16/2020 January 2, 2020 MEMORANDUM: A-- b b0" FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04.18.33) arecg.bodnar a ncderingov SUBJECT: CAMA Major Permit Application Review Applicant: Carteret County -Atlantic Harbor Project Location: End of Seashore Dr, Carteret County Proposed Project:. Maintenance excavate & place spoils in White Point 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 January 23, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 x21 o 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. 0RINTt4AME �'e l�lPlAifi',%u-C2� AGENCY RIst oc, OF-1c-e- RECEOVE SIGNATURE oaTe - JAN 2 2 2020 (' o�• a0 NIP SECTION MHD Stare ofNotth C=H= I rmimumeoml Quahy l Coaaml Management 400Comm=Ava Morehead Ciy,NC28557 (252)808-2808 JAN 1 3 2020 - _i North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Banos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton February 21, 2020 Office of Archives and History Deputy Secretary Kevin Cherry Gregg Bodnar North Carolina Division of Coastal Management gregg.bodnar@ncdenr.gov 400 Commerce Avenue Morehead City, NC 28557 Re: Excavate Atlantic Harbor and place spoils in White Point, End of Seashore Drive, Atlantic, ER 20-0090 Dear Mr. Bodnar: Thank you for your email of February 11, 2020, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewnae ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer RECEIVED F E B 1 9 2020 MP SECTION MHD Locatiore 109 Fast Jones Sncct, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 276994617 Telephone/Fee: (919) 807-6570/807-6599 NORTH CAROUNA !:m'iron... wol Qualm January g, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City NC 28557 Fax: 252-247-3330 (CO1tf�2�Qf1Q-3.? Qregg.bodnar(a)ncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Carteret County —Atlantic Harbor Project Location: End of Seashore Dr, Carteret County Proposed Project: Maintenance excavate & place spoils in White Point ROY COOPER ,m.r�ae MICHAEL S. REGAN X„,,,u BRAXTON DAVIS 14nrme /'meerv. )('•a.rlol J /mrzr�.nrvm 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 January 30, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 x210 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. MrrrisFAiN� /yl"rk &oun A�+EIiC�1� Pubbi: tva'itr .rylfly ¢ GFfdT,TURO A4 4 4a-ul CA'T 1-dl-d-o Sink ofNanh Carolina I Emimmoeaal Quality I Coaxal MUMP111 e 400 Cananneme Ave. Morehead City. NC 28557 (252)808-2808 RECEIVE® JAN 2 1 2020 MP vECTION MHD �yTdr,;.p.a January 9, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330'(CouN-ei 04.1&33J aregg.bodnarOncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Carteret County —Atlantic Harbor Project Location: End of Seashore Dr, Carteret County Proposed Project: Maintenance excavate & place spoils In White Point ROY COOPER � !,r MICHAEL S. REGAN BRAXTON DAVIS Lr+rnq �s3r.: Please indicate below your agency's position or viewpoint on the proposed project and return this fonn to Greaa Bodnar at the address above by January 30, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 608-2808 )210 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. PONTiNAW ],t a hctk ad I' f d XAE- CY 'aft-„ ptit RECEIVED n JAN 2 8 2020 IGNAfQllk MP SECTION MPID State of North Carolina I Environmental Quality I Coastal Maawiaoat 400Conmcroe Ave.Mombead City,NC28557 (252)808-2808 Bodnar, Gregg From: Wunderly, Valerie Sent: Tuesday, February 11, 2020 10:31 AM To: Bodnar, Gregg Subject: RE: [External] RE: Atlantic Harbor Good morning Gregg, We have reviewed the letter from Moffatt Nichol and the new workplans. The new proposal addresses our concerns. We would still like to be notified prior to dredging so we can evaluate whether a temporary shellfish closure will be necessary. Please let me know if you need an updated memo from us. Thanks, Valerie From: Bodnar, Gregg Sent: Friday, February 7, 2020 8:05 AM To: Deaton, Anne <anne.deaton@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>;'Hair, Sarah E CIV CESAW CESAD (US)' <Sarah.E.Hair@usace.army.mil>; Wunderly, Valerie <va lerie.wunderly@ ncdenr.gov> Subject: RE: [External] RE: Atlantic Harbor Morning all, Spoke to Doug Huggett of Moffatt and Nichol yesterday and they will be removing the CW fill component and installing the diked spoil containment system. Once I get the details I will pass along. Thanks, G regg From: Bodnar, Gregg Sent: Monday, February 3, 2020 2:55 PM To: Deaton, Anne <anne.deaton@ncdenr.gov>; Mairs, Robb L <robb.mairsPncdenr.¢ov>; Dunn, Maria T. <maria.dunn ncwildlife.org>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.armv.mil>; Wunderly, Valerie <valerie.wunderly@ncdenr.gov> Subject: FW: [External] RE: Atlantic Harbor Afternoon all, Based on some conversations and comments concerning the spoil being used for wetland plantings at White Point for the Atlantic Harbor project I contacted the agent to discuss. Please see below for the response. I am not sure, but I believe that White Point has been used in the past as a spoil disposal site for Atlantic Harbor. I asked Robert Neal thal and will pass along the answer asap. Thanks, Gregg From: Neal, Robert <rneal@moffattnichol.com> Sent: Monday, February 3, 2020 2:37 PM To: Bodnar, Gregg <gregg.bodnar6@ncdenr.gov>; Huggett, Douglas <dhuggett@moffattnichol.com> Cc: Rudi Rudolph <grudolph@carteretcountvgov.org> Subject: [External] RE: Atlantic Harbor Thanks Gregg. Just to clarify, would all agencies support re -grading White Point to facilitate the living shoreline and marsh grasses with placement of the existing material below MHW? Thus, no dredge spoil would be added as backfill to White Point, but we would re -position the existing material to form our intended slopes. Otherwise, thank you very much for providing these comments! Robert Neal Moffatt & Nichol 272 N. Front Street I Suite 204 1 Wilmington, NC 28401 P 910.218.7100 1 F 919.781.4869 1 C 910.524.3285 From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Monday, February 03, 2020 2:24 PM To: Neal, Robert <rneal@moffattnichol.com>; Huggett, Douglas <dhuggett@moffattnichol.com> Subject: Atlantic Harbor CAUTION: This email originated from outside of the organization. Afternoon all, Please see the above comments from Shellfish and DMF. I spoke to WRC and DWR and they relayed similar concerns, though I have not received the comments to date. DMF and Shellfish both have concerns with using the contaminated spoil for the Coastal Wetland areas, to the point that its use will cause a shellfish closure. DMF asks that no fill be used and to allow the plantings to naturally infill the area and Shellfish asks that if fill is used, that it comes from an upland source. Finally the containment of spoil on the uplands must be contained by a substantial control berm and notjust a sedimentation barrier. The issues do not require any changes in workplans, unless you prefer. Any changes can be detailed through email and I will make note in the file. Thanks, Gregg e V i Greallodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quafky 2S2 SW 2608 ext 21S (Office) Grew- n r n enr gpv_ Email correspondence to and from this address Is subject to the NorthCaro&v PublkBeaords Low and may be disclosed to third parties. t NORTH CAROLINA (invtr omnenfad Ounlin January 9, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-16-33) a reag. bod nar(a) ncdenr. aov SUBJECT: CAMA Major Permit Application Review Applicant: Carteret County — Atlantic Harbor Project Location: End of Seashore Dr, Carteret County Proposed Project: Maintenance excavate & place spoils in White Point ROY COOPER (;., o, MICHAEL S. REGAN Serremry BRAXTON DAVIS Dlrecror, Division ojCmsml Managemem 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 January 30, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 x2l0 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. See attached comment. AGENCY DMF - Shellfish Sanitation RECEIVED /���pp 3a SIGNATURE 1/ � (�iuurv�ec�L JAN ;4 P9T DATE 1/30/2020 MP SECTION MHD State or Nonh Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 January 28, 2020 MEMORANDUM TO: From: Through: SUBJECT: Applicant: ROY COOPER Governor MICHAEL S. REGAN Secretary STEPHEN W.MURPHEY Director Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management Valerie Wunderly, Environmental Specialist Shannon Jenkins, Section Chief Shellfish Sanitation & Recreational Water Quality CAMA Major Permit Application Review Carteret County — Atlantic Harbor Project Location: End of Seashore Drive, Carteret County Proposed Project: Maintenance excavate & place spoils on White Point The chemical analysis of sediment cores from the proposed dredge area in Atlantic Harbor indicates the presence of metals and semi -volatile compounds that exceed both US Environmental Protection Agency and National Oceanic and Atmospheric Administration screening values. The application package details placement of the contaminated dredge material on White Point and proposes to use 300 cubic yards of contaminated dredge material as backfill for the marsh restoration portion of the project. The waters that border White Point to the east and south are classified as Approved for the harvest of shellfish. If the contaminated dredge spoil is placed below mean high water (MHW), as depicted in the drawings submitted with the application, these Approved shellfishing waters will be permanently reclassified as Prohibited. However, if an alternative source of non -contaminated backfill was used for the marsh restoration portion of the project, a change in RECEIVED classification would not be necessary. JAN n �� State of North Carolina I Division of Marine Fisheries1'1 {� 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 i SECTION y, C TIO N hIH® 252-726-7021 As for the dredge spoils to be placed on the upland portion of White Point, it is suggested that a substantial control berm be constructed in addition to the use of silt fencing to prevent the contaminated soils from reaching Approved shellfishing waters during storm events and extreme high tides. Also, since the dredge material is being removed from an area that is closed to shellfishing, discharges from the dewatering of the spoils into Approved shellfishing waters will cause a temporary shellfish closure. It is requested that our section be notified prior to any dredging activity, so that we can determine at that time if a temporary shellfish closure is needed. RECEIVED J A N 2 9 2020 State of North Carolina I Division of Marine Fisheries NIP SECTION M H D 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 252-726-7021 ROY COOPER MICHAEL S. REG.AN BRAXTON' DAVIS January 2, 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(Mricdenrgov SUBJECT: CAMA Major Permit Application Review Applicant: Carteret County — Atlantic Harbor Project Location: End of Seashore Dr, Carteret County Proposed Project: Maintenance excavate & place spoils in White Point 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 January 23, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 x2l0 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 AGENCY 1�1/.11u! SIGNATURE 6 r il _ii RECEIVED F E B 3 2020 IV,P SECTION MHD lent or\nnh Carolina P:nvinmmcnlal Quallp Coastal �lanugcmcm 4100 Cnmmcrcc X'c llorehcud (iro. 429557 1252)908.2809 ROY COOPER Governor MICHAEL S. REGAN Secretary STEPHEN W.MURPHEY Director MEMORANDUM: TO: Gregg Bodnar, Assistant Major Permits Coordinator FROM: Curt Weychert, NCDMF Fisheries Resource Specialist SUBJECT: Atlantic Harbor Maintenance Excavation DATE: January 29, 2020 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. Carteret County is proposing to perform maintenance dredging in the basin area and access channel of Atlantic Harbor. The project will remove 10,750 cubic yards of dredge spoil from the basin and access channel and place 300 cubic yards of the material onto the adjacent area of White Point as part of the marsh restoration and living shoreline component of the project. The placement of the spoil will also be connected to a shoreline stabilization effort and wave attenuators. The chemical analysis of sediment cores from the proposed dredge area in Atlantic Harbor indicates the presence of metals and semi -volatile compounds that exceed both US Environmental Protection Agency and National Oceanic and Atmospheric Administration screening values. The application package details placement of the contaminated dredge material on White Point and proposes to use 300 cubic yards of contaminated dredge material as backfill for the marsh restoration portion of the project. NCDMF recommends that living shoreline projects be designed to limit the need for backfill. It is recommended that projects allow for the natural infilling of sediment so that 1)project impacts are limited and 2) the intended purpose of the wave attenuators in conjunction with shoreline stabilization structures can prove effective in allowing deposition of substrate and allow the growth of wetland species. Additionally, upon discussion with Shellfish Sanitation, it was learned that the placement of these contaminated soils within waters that are currently open to shellfish harvest would result in a permanent reclassification as "Prohibited". The NCDMF opposes any development actions which would result in the permanent closure of open shellfishing waters. For these reasons, it is the recommendation of the NCDMF Fisheries Resource Specialist that all contaminated dredge material be placed outside of an area where it will interact with MHHW and cause negative impacts to the water or shellfish resources in the area. If the dredge material is to be placed above MHHW on White Point, it is recommended that all requirements and BMPs of Shellfish Sanitation and the Division of Water Resources be satisfied before a permit is issued. Contact Curt Weychert at (252) 808-8050 or Curt.WeychertOncdenr.gov VVIED or concerns. Iid��+�= F E B 3 2020 "Nothing Compares State of North Carolina I Division of Marine Fisheries p SECTION M H 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolim 252-726-7021 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 February 11, 2020 Regulatory Division Action ID No. SAW-2017-02285/Atlantic Harbor Shallow Draft dredge project/Carteret County Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell Reference the application of Carteret County to perform maintenance excavation of the federal project Atlantic Harbor of Refuge, dispose of material on White Point, and construct a marsh sill around the shore of White Point, in Atlantic, Carteret County, North Carolina. Coordinates in Decimal Degrees are: 34.885286 N,-76.332013 W. Specifically, the project consists of conducting maintenance dredging within the entrance channel and inner harbor of Atlantic Harbor of Refuge, via bucket to barge method, place spoil material on White Point, located immediately adjacent to the federal project, and construct a 1,735 linear foot granite rock sill and six 25 linear foot engineered wave attenuators, for a total length of 1,885 linear feet along the White Point Shoreline. The proposed cut in the access channel would be 1,900' long and 40' wide. Water depth in this area would increase from -3' MLLW to -6' MLLW. A total of 10,750 cubic yards of material would be excavated from the access channel. The proposed cut in the basin would be 700' long and 190' Wide. Water depth in this area would increase from -4.5' MLLW to -5' MLLW. A total of 2,500 cubic yards would be excavated from the basin. Connecting water depths range from -6' to -8' at Normal Low Water. The excavated material would be placed on White Point directly adjacent to the access channel. Dredged material will not be used for backfill associated with the marsh sill and will be -2- wholly contained within the White Point disposal area. Additionally, dredged material will not be placed landward of the Corps Easement line as defined on revised plans dated January 2020 (plan sheet 2 of 11). The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: 1. In order to further protect the endangered West Indian Manatee, Tachechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee auidelines.pdf. 2. In order to protect juvenile finfish resources and seasonal migrations of fish and protected species (i.e. sturgeon and sea turtles), no excavation or filling activities will be permitted between the dates of April 1 and November 15 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. Dredging will be restricted to daylight hours. 3. Turbidity curtains will be used during dredging. Turbidity curtains will be made of material in which listed species cannot become entangled (i.e. reinforced impermeable polycarbonate vinyl fabric (PVC)), and shall be monitored to ensure listed species are not entangled or trapped in the action area. Turbidity curtains will be removed promptly when the work is complete and the water quality in the action area has returned to background conditions. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 5. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USAGE) prior to implementation. 6. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. -3- 7. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 8. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733- 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 9. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 10. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 11. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 12. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 13. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout -4- waters, are not considered significant. 14. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 15. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil. Sincerely, HAIR.SARAH.E. Digitally signed by HAIR.SARAH.EA.11054693512 2 05,00'020.02.1112:56:58 A.1O5469351 Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic copy furnished: Mr. Todd Allen Bowers US EPA Region 4 Life Scientist -Water Protection Division Mr. Gregg Bodnar/Ms. Tara MacPherson North Carolina Department of Environmental Quality- Division of Coastal Management Mr. Paul Wojoski/Mr. Robb Mairs North Carolina Department of Environmental Quality -Division of Water Resources -5- Mr. Pete Benjamin/Ms. Kathy Matthews U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement Dr. Pace Wilber/ Ms. Twyla Cheatwood National Marine Fisheries Service -Habitat Conservation Division NORTH.CAROLIN:A f rtrtr+atnre-nfia (ijgrfiN January 2; 2020 MEMORANDUM: FROM I Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead C6, NC 28557 Fax: 252-247-'3336(0 L„f $) a ree g. b od na r(cD n cde n r. g ov SUBJECT: CAhMA, Major Permit Appil cation Review Applicant: Carteret County—Atiantic.Harbor P}eject Location: End of Seashore Dr; Carteret County. Proposed Project: Maintenance excavate & place spoiWin White Point PQ'Y'COOPER G..,iu;. MICIiAEL S.. REQAN SCrnsnn B•RAXTON DAVIS, kj,,nwma Dh",16",dc'w('d SfanngtertkPr Please. indicate below your agency's position or viewpolnt.on the proposed project and return: this form to Gregg Bodnacat the address above byJanuary.-23, 2020. If you have any questions' regarding the proposed project;: contact Ryan Davenport (252)808-2808 x210 when appropriate; in-depth; commentswith'supporting ,data is requested. REPLY: _ This agehcyhas no. objection to the project -as proposed. `-*Additional comments: may be attached" This;agencyhas no comment on the proposed project: This agencyapp"roves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasonsdescribed in the attached comments. HT.slflAiVf r't1tvK &Own RECEIVED AG N'G,`y ('uhl( yaw Wy JAN 1 0 2020 MP SECTION MHD Smte of North Cuolioa I Environmenml Qnhry l Coastal Management 400 Commerce Ave. Morehead Ciry. NC 28557 (252i 808-2808 DocuSign Envelope ID: 655771EC-002A-47D3-BFC3-8505588D67D0 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Carteret County C/o Tommy Burns & Greg Rudolph 302 Courthouse Square Beaufort, NC 28516 NORTH CAROLINA Enyfronmental QWHW February 12, 2020 DWR # 2020-0057 Carteret County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Atlantic Harbor Maintenance Dredging and Living Shoreline — Atlantic, NC 28511 Dear Messrs. Burns & Rudolph: You have our approval, in accordance with the attached conditions and those listed below to perform maintenance dredging within an existing boat basin and access channel impacting approximately 4.86 acres of shallow bottom habitat and the construction of a living shoreline along White Point impacting approximately 2.65 acres of shallow bottom habitat, as described in your CAMA Major Development Permit application, which was received by the Division of Water Resources (Division) on January 9, 2020, sequential information received on February 11, 2020. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4175 (GC 4175). This Certification allows you to use the General Permit No. 198000291 when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. 2. The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or�gpjllt�Ra.rrQp�.. of this Certification. tF'��f�i.Y ip�//�� F E B 1 7 2020 D North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I WII�(rp IISE'yC111R]91 N I� H D '�.�ra.ry 910.7%.7215 �F(t� �'�I ��J �`� �lli f4 DocuSign Envelope ID: 655771 EC-002A47133-131FC3-850558813671D0 3. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 4. The applicant/permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. 5. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)] 6. The permittee shall report to the Wilmington Regional Office at (910) 796-7215 (after hours and on weekends call 800-858-0368) any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts [15A 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. 7. Moratoriums You will comply with any moratoriums per the NC Division of Marine Fisheries and the NC Wildlife Resources Commission. Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. If such activities should take place during periods of high biological activity (e.g. anadromous species and shorebirds), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. 8. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0221] RECEIVED F E B 1 7 2020 MP SECTION iiPN'D DocuSign Envelope ID: 655771EC-002A-07D3-BFC3-8505588D67D0 9. Dredging shall not cause Shellfish Closures. The effluent water from the dredge spoil should not be released into open shellfish waters. Marine Fisheries Shellfish Sanitation Section and the Division of Water Resources must be notified if this is to occur. 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return the enclosed certificate of completion form to the NCDENR. DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion (the certification of completion is also available at: hffps:Hedocs.deg.nc.00v/Forms/Certificate-of-Completion). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Bill Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 F E B 1 7 2020 r,AP SECTION MHD DocuSign Envelope ID: 655771 EC-002A-47D3-BFC3-8505588D67D0 .0 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Robb Mairs in the DWR Wilmington Regional Office at 910.796.7303 or Robb. Mairs(aDncdenr.aov. Sincerely, Coauftnm by: To, iM..Tualoti for 7F141E73WF3458... Morelia Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: GC 4175 cc: Gregg Bodnar, DCM Morehead City Office, EC Liz Hair, USACE Wilmington Regulatory Field Office, EC Robert Neal, Moffatt & Nichol, EC DWR 401 & Buffer Permitting Branch file-LF WiRO F E B 1 7 2020 PAP SECTION MHD NOM H GARDLINA 8l-n ""I 'scot'd Qmhn' January 9,2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (CouYler0446433j area n.bo dnar(cb ncdenr. gov SUBJECT: CAMA Major Permit Application Review Applicant: Carteret County — Atlantic Harbor Project Location: End of Seashore Dr, Carteret County Proposed Project: Maintenance excavate & place spoils in White Point ROY COOPER iWfdp]0!' MICHAEL S. REGAN Sacrcrar BRAXTON DAVIS Dirmor, Dlownr ofCoasral A&nggmntnt Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grena Bodnar at the address above by January 30, 2020. if you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 x210 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. VThis 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 A©ENCY I�(A z C- SIGhiATWRE DATE 2. State orNmth Cemhm I Envimrmie l Qimtity I Coa" Mm gemmt 400 Commerce Ave. Momhead City, NC28557 (252)808-2808 F E B 1 9 2020 W � ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM �-�+ TO: Gregg Bodnar ������® Division of Coastal Management North Carolina Department of Environmental Quality F F B 1 9 2020 nl�T�- FROM: Maria T. Dunn, Coastal Coordinator NIP SECTION M H D Habitat Conservation Division DATE: February 18, 2020 SUBJECT: CAMA Dredge/Fill Permit Application for Carteret County, Atlantic Harbor, Carteret County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located within Atlantic Harbor and on White Point adjacent Core Sound near Atlantic, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to maintenance excavate Atlantic Harbor and the associated access channel. In additional to the excavation, a series of sills are proposed to stabilize White Point. The CAMA Major Permit application was originally dated on January 9, 2020. After receipt, agency input and discussion lead to a revision of the application, received via email on February It, 2020. Information presented in this revision included all excavation staying within the existing USACE federal channel footprint and no material from excavation being placed waterward White Point The design of the sills remained as originally presented. The water classification in this area is SA ORW by the Environmental Management Commission. The NCWRC has reviewed the original permit application as well as the subsequent information. Initial concerns with the project included the sill design, the dredge footprint, and material placement below the normal water level. While modifications from a February 10, 2020 letter addressed concerns from our agency that may have resulted in objection to the project, we would still like to state the concerns we have with sill design. Ideally sills are to be designed with breaks to allow adequate water flushing and aquatic passage. This is an especially important component for living shorelines. The design of the structure around White Point does include openings, but the openings do not include the entirety of the water Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919)707-0028 column. Material, including cloth, bedding stone, and granite stone, rise above the sound bottom. While this is likely done to minimize wash out areas, this design lends itself to filling in with sediment or even oyster shells over time, eliminating connectivity with open water and the area landward the sill. We would request consideration for a lower drop down or no drop down, having just the sills with a natural opening. Areas within the sill and behind are generally protected with the rock placed waterward the openings and are not compromised with the larger openings. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at mana.dunnf: ncmvildlifc.org RECEIVED F F B 19 �020 ntr°P SECTION MI -ID DCM Coordinator: Applicant: Distributed Yes® No ❑ Distribution Date: I I aI nr1 AGENCY WIRO WARO i4d\ LPO Rachel Love Adrick MHC Rachel Love Adrick Washingon DCM Planner Mike Christenbury Wilmington Charlan Owens Eliz City US COE: Liz Hair Raleigh Bland (Beaufort Camden, Chowan, (Carteret Onslow, Pender) Craven, Hertford, Hyde, Perquimans, Tyrrell) Jordan Jessup (TBD) Josh Peletier — (Bertie, Currituck, Dare, Gates, Greg Curry (TDB) Pamlico, Pasquotank, Washington) USCOE (NC DOT) (Brunswick, New Hanover) DOT - TomSteffans— (Beaufort, Carteret, DOT Brad Shaver Craven, Pamlico (Brunswick, New Hanover, Onslow, Pender) Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Brunswick) Lee Padrick (Beaufort Carteret Craven, Eliz Lee Padrick (Beaufort Carteret Craven City, Pamlico, Washington) Eliz City, Pamlico, Washington Cultural Resources Renee Gledhill -Earley Renee Gledhill -Earley Div. of Water Infrastructure Heidi Cox Clif Whitfield Marine Fisheries Curt Weychert VACANT NC DOT David Harris David Harris Shellfish Sanitation Shannon Jenkins & Sharon Gupton Shannon Jenkins & Sharon Gupton State Property Tim Walton & Mike Moser & Wanda Tim Walton & Mike Moser & Wanda Hillard Hillard DEMLR/DWR: Sheri A. Montalvo/Shelton Sullivan Sheri A. Montalvo/ Shelton Sullivan (NC DOT) Kristy Lynn Carpenter Kristy Lynn Carpenter DEMLR Sediment & Erosion Dan Sams Sami Dumpor Storm water Christine Hall Roger Thorpe DWR 401 Robb Mairs (Carteret, New Hanover Anthony Scarbraugh Onslow, Pender,) Chad Coburn (Brunswick) (NC DOT) Joanne Steenhuls Brunswick, New Garcy Ward Hanover, Onslow, Pender WRC Maria Dunn (WARD) Marla Dunn (WARD) WRC (NC DOT) Travis Wilson Travis Wilson Natural Heritage Program Rodney Bulter Rodney Butter T:\Amanda\Major Permit Processing\2020 Admin forms\Maj Comment Distribution Sheet 2020.docx Revised; 5/7/2019 0 NORTH CAROLINA En"Iruwunental Quali4. January 9, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gre4o.bodhar(o) ncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Carteret County —Atlantic Harbor Project Location: End of Seashore Dr, Carteret County Proposed Project: Maintenance excavate & place spoils in White Point ROY COOPER Onrenwr MICHAEL S. REGAN ,Secretary BRAXTON DAVIS Direcmr, Division o(Cannnl Uanagemeni 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 January 30, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 x210 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. PR_I,L47 AMP AGENCY SIGNATURE DATE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. State of North Carolina I Environmental Quality l Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Carteret County (Atlantic Harbor) 2. LOCATION OF PROJECT SITE: Atlantic Harbor -End of Seashore Dr., Atlantic NC, Carteret Co. Longitude: 76°19'59.69" W Latitude: 34053'09.53" N 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 12/9/19 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — 9/12/19 Application Complete- 12/4/19 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County Land Classification from LUP — Community (B) AEC(s) Involved: EW, PTA, (C) Water Dependent: (yes) (D) Intended Use: Public (E) Wastewater Treatment: Existing —N/A Planned — N/A (F) Type of Structures: Existing — Docks Planned — Granite Rock Sill (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED OTHER (A)Open Water 4.86ac .5ac (13) High Ground 2.74ac (D) Total Area Disturbed: 8.10 acres (E) Primary Nursery Area: No Shellfish Classification: Closed (F) Water Classification: SA-ORW Field Investigation Report: Carteret Co. Page 02 8. PROJECT SUMMARY: Carteret County is proposing to maintenance excavate Atlantic Harbor and place spoils in the White Point area. Atlantic Harbor is a federal harbor. Additionally, Carteret County is proposing to stabilize White Point with a rock sill and living shoreline. 9. NARRATIVE DESCRIPTION: The Atlantic Harbor project is located in Core Sound in the community of Atlantic, Carteret County. The existing harbor and federal channel is at the end of Seashore Dr. in Atlantic. This harbor is managed by the Carteret Co. harbor authority. Atlantic Harbor is an existing federal harbor and is accessed off of Core Sound by a federal channel. Within the harbor is an existing docking facility mostly used by commercial vessels. Atlantic Harbor was constructed in 1972. The channel was last excavated in 2018 under General Permit #71340C. The current low water depth in the basin is -3' and -4.5' in the basin. Aerial photography does not indicate the presence of SAV. Adjacent to the access channel is White Point. This area is partially stabilized by older sand bags. This area of Core Sound is classified as SA-ORW by DWR. It is not a Primary Nursery area. It is closed to the harvesting of shellfish. Carteret County's Land Use Plan classifies the future land use of this area as community. 10. PROJECT DESCRIPTION: Carteret County is proposing to maintenance excavate Atlantic Harbor and the associated access channel in an effort to restore navigation for recreational boating and commercial fishing vessels. The excavation would be performed by bucket to barge with spoils being placed on White Point immediately adjacent to the harbor. White Point would be stabilized using a combination of living shoreline and granite sill. The proposed cut in the access channel would be 1,900' long and 40' wide. Water depth in this area would increase from -3' MLLW to 6' LLW. A total of 10,750yd' would be excavated from the access channel. The proKsed cut in the basin wouldketh' 7 and 190' Wide. Water depth in this area would increase from -4.5' MLLW t5MLL Atl total of 2,500yd' would be excavated from the basin. Connecting water ge from -6' to -8' at Normal Low Water. The excavated material would be placed on White Point It0(Yaii� directly adjacent to the access channel. Carteret County also proposes to stabilize White Point with a combination granite sill and living shoreline. The granite sill would be 1,885' long and range in width from 4'-28' depending on the portion of shoreline. The structure will extend a maximum of 33' waterward of NHW. The structure will be backfilled with 300yd' of dried dredge spoil to cover 20,7001. The backfill area will be planted with Coastal Wetland plants in association with NC Coastal Federation. The consultant(Moffatt & Nichol) has provided a detailed narrative in order to help in the review of this project. 11. Anticipated Impacts: This project should increase navigation of the area by recreational boaters and provide a deeper channel for commercial fishing vessels to safely ingress and egress. There would be 4.86ac ac of EW and PTA excavated and .5ac of EW and PTA filled during this project. There would be 2.74ac of high ground filled. Temporary turbidity could occur during excavation and construction of the living shoreline. Name: Ryan Davenport Date: 12/9/19 Morehead City ""This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet Applicant: Carteret County (Atlantic Harbor) 12/1 ti/19 Project Site County: Carteret Staff.- JRD District: Elizabeth City ❑Washington ®Morehead City El Wilmington Project Name: Atlantic Harbor Rover File: N/A Date of initial application submittal (EX 1/&20079/12/19 Date application "received as complete" in the Field office (EX: 1/&2007) 1214119 Permit Authorization: SCAMA MDredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION PA []Yes ®No Photos Taken: Yes ® No❑ Setback Required (riparian): []Yes No Critical Habitat: ❑Yes No ❑Not Sure 15 foot waiver obtained: Yes ®No Hazard Notification Returned: []Yes ®No SAV: ❑Yes ®No Not Sure Shell Bottom: ❑Yes ®No ❑ Not Temporary Impacts: ®Yes ❑No Sure Sandbags: []Yes ®No ❑ Not Sure Did the land use classification come from Mitigation Required (optional): countyLUP:®Yes []No ❑Yes ®No Moratorium Conditions: ❑Yes ❑No Environmental Assessment Done: ®NA []Yes ®No ®NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) 0 Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HQM I ® Outstanding Resource Waters (ORW) WETLANDS IMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) El (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt read grass (Sparhna altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis El (SC) Bullrush or three square (Scirpus (Ty? Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina memerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/D&F up to 1 acre; 3490 can be applied - $250 Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ® IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 ❑ III(B) Public or commercial w/D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 252-808-2808 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 02115N0 NC Division of Coastal Mgt. Application Computer Sheet, Page a o8 d) ❑ Major development extension request - ❑ILPublicorcommercial/no dredge $100 and/or fill - $400 ❑ 1. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w/D&F to 1 acre; 3490 can be applied, DCM needs DWQ agreement - $400 revised 02115/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4) Applicant., Carteret County Date: 12/16/19 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. Number TYPE Choose One REPLACE Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 Excavate 1 1900, 40' Excavate 1 700' 190, Fill 1 500' 200' New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ET Maint ❑ Replace ❑ Y ❑ N - NewWork❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y [IN New Work❑ Maint ❑ Replace ❑ Y ❑ N New Work El Maint ❑ Replace ❑ Y ❑ N New Wotk❑ Maint ❑ Replace ❑ Y ❑ N New Work❑ Maint ❑ Replace ❑ Y ❑ N New Work❑ Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N revised 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4) Applicant: A /��' Date: 12116119 II Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found In your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. FL (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. FL (Anticipated final disturbance. Excludes any restoration andror temp impact amoun) TOTAL Feet (Applied for Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Open Water Fill .5ac .sac Open Water excavate 4.86ac 4.86ac High Ground Fill 2.74ac 2.74ac Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252.808-2808 :: 1-888-0RCOAST :: wwv✓.nccoastaimananement.net revised: 02/15/10 Received From: _ Permit No.: Applicant's Name: Project Address: NC Division of Coastal Management Cashier's Official Receipt 95?7 AB D Date: t� 20 Lr Check No.: County: Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Signature of Field Representative: Date: Date: NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 12/4/19. According to the application, Carteret County applied to excavate Atlantic Harbor in Core Sound. A copy of the entire application may be examined or copied at the office of Ryan Davenport, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808 2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 1/11/20, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: 12/22/19 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 Coastal Management ENVIRONMENTAL QUALITY Carteret News Times Re: Public Notice — Carteret Co. Dear Sir: ROY COOPER Govenrnr MICHAEL S. REGAN Secrelary BRAXTON DAVIS DIKCIor Please publish the attached Notice in the 12/22/19 issue of the Carteret News Times. The State Office of Budget and Management require an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jessica Gibson, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, J. Ryan Davenport Coastal Management Representative Enclosure cc: Roy Brownlow, District Manager Doug Huggett, Major Permits Coordinator State of Noah Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 MAJOR PERMIT FEE MATRIX ADD llcan TC CO Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095q2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial ❑ development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Major Modification to a $250 100% ($250) 0% ($0 ) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies III(A). Private, non - El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached) can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied: III(C). If General Water ❑ Quality Certification No. $400 0°1�($�4�D 40% ($160) 4097 (see attached) couldECEJV be applied, but DCM staff determined that additional 2 3 2019 review and written DWQ SEP concurrence is needed because of concerns DCM-MHD CITY related to water quality or aquatic life: III(D). If General Water ❑ Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more tha one acre of wetlands a /or o en water areas: Coastal Management ENVIRONMENTAL QUALITY Moffatt & Nichol C/O Robert Neal 272 N Front St. Suite 204. Wilmington, NC 28041 Dear Mr. Neal: ROY COOPER Gmanmr MICHAEL S. REGAN ,S'rcrrtnrn BRAXTON DAVIS uo-e,>,„ 12/16/19 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development at Atlantic Harbor. The complete package was received on 12/4/19. The projected deadline for making a decision is 2/17/20. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from 12/4/19, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of.Permit Filing postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Si erel/'y, yan Davenport oastal Management Representative Enclosure cc: Jonathan Howell, Major Permits Coordinator Roy Brownlow, District Manager/Compliance Coordinator Rudi Rudolph, Carteret County State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 e \" nAMA PERMIT APPLICANT: FOR MORE I>ETAILS CONTACT Received Fi Permit No.: Applicant's Project Address: NC Division of Coastal Management Cashier's Official Receipt I- -------------------- 9527 A JBI�v D Date: j— 20 -ft $ t ' /^,45 �- Check No.: County: Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Date: Signature of Field Representative: Date: Received F Permit No.: Applicant's NC Division of Coastal Management Cashier's Official Receipt 9526 A BCO D Date: 20 rom: $ Check No.:1?S"�"� r%MAYName: County: CQ A-rj t - Project Address: Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Signature of Field Representative �^ Date: 1� Date: �+