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HomeMy WebLinkAbout87-19 NC Division of Marine Fisheries-,r...-- 1; .__r_.............. t I Permit Number Permit Class • NEW STATE OF NORTH CAROLINA 87-19 Department of Environmental Quality and Coastal Resources Commission permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to NC Division of Marine Fisheries, PO Box 769, Morehead City, NC 28557 Authorizing development in Dare County at Roanoke Sound approx. 1.5 nautical miles NE of Northwest Point on Roanoke Island, as requested in the permittee's application dated 8/27/19, including attached workplan drawings (3) Figures 2-3 dated 8/27/19 and Figure 4 dated 8/9/19. This permit, issued on November 4, 2019 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation rf these terms may be subject to fines, or civil action; or may cause the permit to cc min ana vota. Artificial Reef AR-197 1) Unless specifically altered herein, this permit authorizes placement of additional material at artificial reef AR-197, all as expressly and specifically set forth in the attached permit application, project narrative, and workplan drawings. No other structure, whether submerged, floating or stationary, shall become a permanent part of this artificial reef without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. (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, 2022 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 untl ana me Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee r NC DMF AR-197 Permit No. 87-19 Page 2 of 3 ADDITIONAL CONDITIONSS Reef Structure 2) In accordance with commitments made by the permittee, reef construction within the site shall be accomplished by the placement of approximately 2,000 tons of No. 4 granite as depicted in the attached workplan drawings. All materials shall be free from loose dirt or pollutants except in trace quantities. 3) No material shall exceed the minimum vertical clearance as depicted in the attached workplans. The pemritte shall be responsible for relocating or removing any material that violates the authorized clearances. 4) No material shall be placed at any time in any waters outside of the alignment of the reef site boundaries as indicated on the attached workplan drawings. 5) The permittee shall be required to repair, maintain and/or remove any components of the reef that are displaced from the reef site boundaries as depicted in attached workplan(s). The permittee shall be responsible for removing all portions of the reef should the site be terminated or displaced beyond repair. 6) This permit does not authorize the placement of material within any rocky outcroppings/hard bottoms. USACE Conditions 7) The U.S. Army Corps of Engineers (USACE) has assigned the proposed project SAW Action Id. No. 2018-00160. The USACE approved of this project under Regional General Permit 198500194 and Programmatic General Permit 1980002911, dated received in Morehead City on 10/23/19. The permittee shall abide by all conditions and stipulations set forth in the federal authorization. Any violation of the permit approved by USACE shall be considered a violation of this CAMA permit. General 8) In accordance with commitments made by the permittee, AR-197 site shall be marked with signage as determined by the USCG private aids to navigation. 9) All precautions should be taken by the permittee to ensure the free and full use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity shall not interfere with the public's right to free navigation on all navigable waters of the United States. 10) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corp. of Engineers, to remove, relocate or alter the work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 11) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. NC DMF AR-197 Permit No. 87-19 Page 3 of 3 ADDITIONAL CONDITIONS 12) 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 N.C. Division of Water Resources has authorized the proposed project under General Water Quality Certification No. 4175 (DWR Project No. 19-1211), which was issued on 10/11/19. NOTE: Future development at the permitted Artificial Reef site may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. NOTE: An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DCM Coordinator: zot-4 /FQ Permit #: &7% 7 MAHdNG DISTRIBUTION SHEET Permittee: AV b%Nt c% =wrJa i ?0 -6,76 /4 h�l ll�v �G Zd957 Agents: DCM Field Offices Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: Qcn G ifs (with revised work plan drawings) r Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (B*e, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: ,4 dhill-Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Shane Staples David Harris Shannon Jenkins / Sharon Gupton 'rim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Curt Weychert Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender) Chad Coburn — 401 (Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program LPO: Maria Dunn (WARO)i Rodney Butler Fax Distribution: Permittee #: Agent# (NCDOT) Travis Wilson ICN NP-1 APPLICATION for Major Development Permit (last revised 12i27106) ii North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Purled Nam (it applicable) Nc Division Of Marine Fisheries AR-197 Appitcam f. Frsl Name MI Last Name Division of Marine Fisheries Applicant 2: First Name MI Last Name e addtsuta/ appacards. please attach an add4lonal page(s) with names listed Malting Address PO Box City Stale North Carolina Division of Marine Fisheries 789 Morehead City NC LIP Country Phone No. FAX No, 28557 USA 252 .808.8036 ext. 252 - 726 - 9218 Street Address fd ailifenint /rom above) City Slate ZIP 3441 Arendell Street Morehead City NC 28557- Emes )ordan bynrm®nodenr gov 2. AgenNContractorInformation RECEIVED Business Name -....-- wA SEP Agenu Conliador 1 Fist Name MI Last Name _ ___.____ ____ Agene Contractor 2 First Name MI Last Name Mailing Address PO Box City State LIP Plane No. 1 TZ Phone No 2 - - ext - ext. FAX No Cw *rotor If Besot Address MtlNferent hem above) City Slate 71P <Form continues on back> Form OCM MP-1 (Page 2 of a) APPLICATION for Major Development Permit 8. Project Locedon Covey (can be multiple) Street Address Slale Rd. e Dare WA WA Subdivision Name City State 21p NIA N/A NC WA. Phone No, Lot Ni (Ifmarry, adanh addiGbrbl page wdh WA - - ext. WA. a. In which NO river basin is the project located? b. Name of body of walar nearest to proposed probd Pasquotank Crostan Sound a Is me water body identified in (b) above, natural or marmede? d. Name the closest miller water body to the proposed prpjed site. ®Natural OManmade C]Unknown Atlantic Ocean e. is proposed Work within city limits or planning jurisdiction? f. It applicable, list the planning judsdktlon or city Nni1 the proposed EIYes ®No Wok fans within. WA s. son Descrtpeon a. Total length of shoreline on the tract (q.) It. Size of entire tract (sqA.) �~ WA 1,689.692 c. Size of individual kx(s) d. Approximate elevation of tract above Ni frontal high weferl or NWL (normal water level) tllmany bf sires, please attach adddbnal page with a Nsn -10 [:INHW or®NWL e. RECEIVE Wgelationonlrad f. Man-made features and uses raw on tray Tires, originally deployed in 1987 DGM-MHD g. Merely and describe the existing lard uses adiacen to the proposed project site. This is an established and previously permitted reef site, The surrounding waters are public trust waters and are used for multiple recreational and commercial purposes (e.g., fishing, transportation). The closest land is Roanoke Island approximately 1.5 nautical miles away The marked channel is approximately 200n from the nearest comer of the reef site. h. Now does ideal government zone the tract? i. Is the proposed pro)eet consistent with the applicable zoning? WA (Attach zoning compliance certificate, it applicable) QYes []No ®NA j. IS the proposed activity pan of an urban waterfront redevelopment proposal? QYes ®No k. Has a professional arctaeoleglcal assessment been done for the tract? If yes, attach a copy. DYes ONO ®NA "yes. by whom? I. IS Ire pmpOSed project located in a National Registered Historic Districtor does d Involve 8 OYeS ONO ®NA National Register fisted or eligible property? <Form contlnues on next page> 2 52.1)3 ?3')1 1 111 1 R C 0A 5t 1wa i;: v r.•a nnr r/,n♦+• .,at ATY Form DCM MP-t (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are Uwe wetlands on the site? Over; ONO (li) Are there coastal wetlands on the site? ❑Yes ®No (a,) If yes to either (I) a (it) above. has a delineation been conducted? Over ®No (Attach documentation. if available) n. Doscribc existing wastewater treatment facild as WA o. Describe existing drinking water supply source. NIA p. Describe existing storm water management or treatment systems WA 5 Activities and Impacts a. W1tl the project be for commercial. public, or private use? OPnvatelCommunity __ b. Give a brief description of papoae. use. and daily operations W the projeU when canplate. A full description can be found in the attached narrative. AR•197 is an existing artificial reef, originally created to provide habitat and recreational fishing opportunities. c Deambe the proposed construction methodology, types of eomlmCnan equipment to be used during corau11COW, ere mmuber or each type of equipment and where a is to be stored. A full description can be found in the attached narrative. Small rock will be sprayed off a barge with a water monitor The rock will be loaded at a rule in Wanchese Harbor _._...............-----' ................. d List andevelopmantactivitiesyou Propose RECEIVED A full description can be found in the attached narrative. Deploy up to 2000 tons of small (314"-2") granite rock from a barge using water monitor S E P 1 1 Z 9 _..- - tie s.ain m.. e. Are the propodsed admtias maintenance U an existing project. new work, or both Both _ What is this approximate total disturbed land area resullag from the prnpOfir d g, Wit the proposed project encroach on any public easement, pudic accessway, a ornr that IN pudic has established use of? h. Describe location and typo of existing and proposed discharges to Welera of IN slate N/A or stormwa er be discharged into a If yes mil this discharged water be or the same salinity as the receiving water? j. is there any muigafion proposed? If yes, allach a irrigation proposal. <Form continues on back> area 0 OSq Fi a (]Yes []No ®NA >s; !3a !4"s 1 144 IRCOAST wn.v .I-: a Ii!I mI, I)a m>•- Form DCM MP -I (Page 4 of 4) APPLICATION for Major Development Permit S. AddidonalInformation M addNW to tAb oanpkted apptkesbn fpm, (MP-r) me fd"WIll Rems below, R appdcable, must be submitted in owner foram applicabxr pxkage to be complete. Items (a) - (0 are aavays applicable to city major deve"tit application Please consult the eppababon kairu ion Wattled on bow to prgeerNprepare fne reguked Rams below. a. A projed narrative. b. An accurate. dated work pat (Inchding plan view and crow -sectional drawings) drawn to scale- Please "a the Present status of the proposed project Is any portion already complete? If previously authorized work, clearly Indicate on maps. pats. drawings to distinguish between work completed and proposed c. A site or location map that Is sufflaeraly detailed to guide agency personret unfamiliar with the area to the site d. A copy of the deed (wte stale application only) or other instrument under vfikh the applicant cake title to the affected properties. e. The appropriate application fee. Check or money order matla payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (rlpanan) landowners and signed return receipts as proof that such owners have received a copy of the application and pats by certified mart. Such landowners must be advised that they have 30 days in when to submit comments on 0he proposed project to the Division of Coastal Management Nees PIN10, No. Address Name Phone No Address Noma Phone No. Address g. A Mat of previous state or federal permits issued for work on the project tract. Include permit numbers. pemeitfee. and osumg dates. USACE SAWCO77-N-028-0082 h. Signed consultant or agent authorization form- if applicable. i. Weiland delineation. if necessary. j. A signed AEC hazard notice tW projects In oceanfront and Intel areas. (Must be signed bypropery owner) I. A statement of compliancewith the N C. Environmental Poky Ad (NC .G.S. 113A t-10). a necessary. If 01e project Involves expendMue of pubic funds or use or pubic lands. attach a statement documenting compliance vein the Nordin Carolina Environmental Policy Ad. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant. and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring or the project. RECEIVED 1 further certify that Ihapmformation provided in this appicaton is buthfW to the best of my knowledge Date /�' % r Print Name �ff ^ A N^ Signature �' �EP �- Please indicate application attachments pertaining to your roposed purledDCM-MHD CITY. ®DCM MP-2 Excavation and Fill Information DDCM MP-5 Bridges and Culverts DDCM MP-3 Upland Development DDCM MP-4 Structures information Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit Form DCM MP-1 Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Accra Other Channel Rock (excluding Canal Boat Baaln Boat Ramp Rock Groin (NEW or Breakwater shoreline N)MtL stabilizatior Length 750 it +Mddh Sao It Avg. Existing _ - NA NA -10 it mlw Depth Final Protect - - -- — _lw Depth NA NA -8 f1 mlw 1. EXCAVATION a. Amount of material cubic yards. oe excavaea aam arrow Nr or Nvvn. in o. I ype or matenai to oe excavated. c. (i) Does the area to be excavated include coastal wfilla dsknarsh (CW), submerged aquatic vegetation (SAV)_ shelf bottom (SS). or other wetlands W.)? If any boxes are checked. provide the number of square (eel affected. OCW OSAV _ OSD DWI __ ONone (a) Describe the purpose of the excavation in these areas ®This section not applicable] d. High -ground excavation in cubic yards. RECEIVED 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. c (i) Do you claim tale to disposal area i OYCS ONO ONA (kf I(no, attach a letter granting permis oor from the owner DCM-MHD CITY ®This section not applicable disposal area. d. (i) Will a disposal area he available for future maintenance? ❑YOs ONO DNA (x) If yes, where? e. (q Does the disposal area include any coastal v jlands/marsh f (i) Does the osposal include any area in the waer9 (CW), submerged aquatic vegetation (SAV), shell bottom (SS), OYOS ONO ONA or other wetlands (WL)? If any boxes are checked. provide the number of square feet affected. (Y) If yes. how much water area is affeded4 OCW OSAV Ore _ OWL ONoe (b) Describe the purpose of disposal in mesa areas. .i: 4LY7l11 idl :'+C:J.1 jr .. 1.. 1.. ri,<� q' .:'j. •i 2i ld Form DCM MP-2 iexcl vt,un and Fill. Page 2 of T� 9. SHORELINE STABILIZATION ® This secddn not applicable (if development is a wood gran, use W-4 — Structures) a. Type of shoreline Stabilization. b Length: _ UBulknead URiprap 08reakwaleriSMl OOthef. VAdth. _ c Average distance waterward of NRW w NVVL d Maximum distance walerward of NRW Or NWL. e. Type otslabilizatlon material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap _ 8,eakwateriSil_ Other_ I Source of fill material. 4. OTHER FILL ACTIVITIES (Excluding Shorairre Stabillzagon) a 0) Wit fil material be brought to the site? ®Yea ONO DNA If yes. (11) Amount of maleflal to be placed yr the water 2000 Ions of NCDOT e4 size aramle rock (3l4'.2') (ii) Dimensions of fill area 7wft x 3ooa (w) Purpose of NI Create habitat and provide opportunities (of recreational fishing on an existing artificial rear 5. GENERAL f () Has there been shoreline erosion during preceding 12 months? OYes ONo ONA (u) It yes. stale amount of erosion and source of erosion amount information. b. Type of ell material. OThis section nol applicable b. O Will fill material be placed in coastal vrellandsimarsh (CM, submerged aquatic vegetation (SAV). Shell bottom (SBI, Or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. OCW OSAV _ [ISO _ OWL ®None (M) Describe the purpose of the Off in these areas. a. How, will excavated or fill material be kept on site and erosion b. controlled? NCDMF has successfully used limestone rock of the same see in oyster resloratom activities across the slate for many years. This malarial has shown TO, evidence of movement out of delineated areas For this reasonwe besve the granite will not move Outside the site. C. () Will nevigatonal ads be required as a result of the project? d ®Yes ONO ONA 00 It yes, explam what type and how they will be implemented. The site is marked with buoys on each comer per USCG Pment Ad To Navigation -1 `Mal type of construction equipment wil be used (e.g_ dragline. bachhoe. or hydraulic hedge)? C r I"� D Materials will be uarnsporled by self-propelled barge and d C V by a barge mounted water monitor _. SEP I I M9 a Will wetlands becrossed ntrarns i DCM-NIHD CITY sae? ❑Yes ONO ONA Oom equipment to project (ii) [(yes. explain steps that will be taken to avoid or mmimu e anviionmental impacts. Data Project Name (, e . Form OCNI MP-2 E�.,uif 1,1qu 3 3f 3 -.Ye Pavl''Y2••1 APPOoM Noms nppkaof ue----.. RECEIVED SFP 1 1 2019 DCM-MHD CITY AR-197 I Md9/ t �d G Y'+f 0 9 I ku" Figure Date: 8/6119 Figure I. Context map showing AR-197 on Northern end of Roanoke Island. RECEIVED SEP 1 12019 DCM-MHD CITY galr of N:•nhl.u•�iinn INO.,un of At.rirr H.Iwnr. LfalAm�M�itibrn PO &.n aw Mrcdie.d Cip. Ghvth C.m.b�a ?µ`i.i i'it llb iOp AR-197 Deployment Plan 0 125 250 1 r Figure Date: 8/27/19 500 FW Planned developed area: 5.26 acres[ 229,131 sqR e Deployment Points �O construction Area loon construction Buffer CD Reef Boundary Existing Material RECEIVED SEP 1 1 2019 DCM-MHD CITY Figure 2. Deployment will take place within the dark outlined construction area. This area measures 750 feet by 300 feet (5.26 acres or 229,126 square feet). A 100-foot buffer has been established to ensure no material is placed outside the permitted reef boundary. One barge load of material will be placed at each deployment point depicted on the map. Existing material (tires) are shown in green and are located in the Southwest corner of the reef site. SI,It, 'If "trIt, (,,,dinn IAA•h not \In Inr 1ivlwvr� i III Tlroded SRrH ICU tkN Ifft Slc.rhradI U. V«IhCamAna -.'KAi _ ,Z il+r it III AR-197 Sidescan Survey 0 125 250 500 Feet Figure Date: 8/27/19 FReef 9ountlary Existing Material RECEIVED SEP 1 1 2i�9 DCM-MHD CITY Figure 3. Sidescan survey of AR-197. Existing material (tires) are shown in green. No shellfish or submerged aquatic vegetation were found during this survey. Stair o(N�vth tlsNina Urvhfon of♦ 6lvlee (i>henrs MIA ...... IOSt"'I 0 e"X,,4 ,',2 'i2b 021 kf a ;,5a3 , 3 � ��*t�Y a4l�4�`.' DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: NCDivision ojMarine Fisheries COUNTY: Dare PROJECTNAME: AR-197 LOCATION OF PROJECT: 1.5 nautical miles NE of Northwest Point on Roanoke Island within the Roanoke Sound DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9-10-19 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No FIELD REPRESENTATIVE: Renaldi DISTRICT OFFICE: ELIZABETH CITY DISTRICT MANAGER REVIEW: U _Date qho% 10 t°t B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: S.V6 N IV y75e ^ 4'1110 APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 9-15-19 END OF NOTICE DATE: 10-&19 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 11-24-19 150 DAY DEADLINE: HOLDS: EMAIL OUT DATE: 9-11-19 STATE DUE DATE: 10-2-19 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM -- Field Rep Q Q Y� $� DCM — L.UP Consistency Determination %Chr Local Permit Officer Corps of Engineers — Regulatory Branch DWR - 401 Section 121% DWR—Public Water Supply w DEMLR— Stormwater&Sed/Erosion 9t DOA — State Property Office Wildlife Resources Commission 4111 DMF Shellfish Section 4I( yc 'It DMF — Habitat & Enhancement ( DNCR — Archives & History DNCR — Natural Heritage Program NCDOT Rural Development Division QI1 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C-DAVIS Director TO: FROM: DATE: SUBJECT: NORTH CAROLINA EnvironmentafQuallty MEMORANDUM' Gregg Bodnar, Assistant Major Permits Coordinator Ron Renaldi, District Manager dt.A.2, September 9, 2019 'NCDMF AR-197 Major Permit Recommendations The NC Division of Marine Fisheries (NCDMF) proposes to enhance Artificial Reef 197 (AR- 197) through the placement of up to2,000 Sons of #4 size granite rock. AR-197 is located at 350 57.110' N, -75a 42.337' W or f 1.5 nautical miles NE of Northwest Point on Roanoke Island, within the Roanoke Sound, Dare County. The reef is 38.79 acres in size and was originally permitted by the USACE in 1987. At that time, the reef was constructed usingtires, which remain on the site. The limits of AR-197are currently marked with four 13" spar buoys: MLW depth is 10 feet and navigational clearance is listed as 6 feet. A sidescan survey of the site showed no existing shellfish resource or submerged aquatic vegetation in the sandy substrate. The development: proposal involves the Public Trust Area (PTA) and Estuarine Waters (EW) Areas of Environmental Concern (AFC's). The rules of the Coastal Resource Commission mention "artificial reefs" in 07H.0208(b)(12) Submerged Lands Mining (A)(ii),.Natural reefs, coral outcrops, artificial reefs... shall be avoided. While there are no development standards for artificial reefs, they are recognized as beneficial fish habitat. The project will enhance the existing reef area. It is recommended the project be approved with a condition that water depths of the reef be maintained as proposed and that the granite material be free of any pollutants. RECEIVE® SEP 1 5 2019 ®E MP SECTION MH® North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street. Suite 3011 Elizabeth City, North Carolina 27909 -252.264.3901 &OY COOPER; Gmrrnor NUCHAEI:,S:.ftEGM Sen7taq BRAk!bW7,C: DAVIS orrecror September11 , 2019 .. MEMORANDUM: FROM: SUBJECT: Applicant - Project -Location: Proposed Project: Gragg.Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Colder 04-16.33) dreha: Cod6466cdenr,&v CAMAFDradg".Fill Application Review NC Division of Marine Fisheries 1.5 nautical miies,NE of Northwest Point within the Roanoke Sound Enhance'Artificial Roof 197 Please indicate below your agency's position or viewpoint on the proposed project and . roturfr this forin to Greaa Bodnar at the. address above by October 2,.2019. If you have any questions regarding the proposed project, contact.Ron.Renaldl (2527284 3901,, ext. 235) 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.cominent an the proposed project. This agency approves of the project oniylf the recommended changes are. incorporated. See attached This agency. objects to the project for reasons described in the attached , comments, PRINT NAME C1111r��j(��rQ(IX .AGENCY PAc er 51ralk SIGNATURE C447 fir iE+ RECEIVED DATE. -l".Ia SEP 1 5 2619 WIP SECTION MI -I® Q. . Narth.oarollna Departmenrafelvponmtntel Quality I DNWon ofcoastal Management eltabeth0tyafltce l.401Sat1h Gr1fMSlrci0%dte300'i FLrebeth¢0.y;Norlhdaro11na27904 ROY'COOPEP "coveinpr MICHAELSJREGAN Secretary BRAXTON ; DAVISDirector September 11, 20% MEMOkANDUM: FROM: x- 4 Sf P 2Qi9 Starr odnar,jAssistant.Major Permits.Ccordinator - Divisibnof Coastal'Management Imerce Ave:, Morehead City, NC`28557 -247-3�30 (Cour1er0446-33) SUBJECT*. CAmA /Dredge*.&:HI Application Review Applicant: NC Division of Marine Fisheries Project Location: 1,6 nautical mil es NE of Northwest Point within the Roanoke Sound p j Proposed Project: Enhance:Artificial Reef 197 Please indicate: below your agency's position or viewpoint on the, proposed project and return this form to Greys Etadnarat'the address above by October 2, 2019.. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264 3901, sit, 235) when appropriate, in-depth PRINT NAME AGENCY SIGNATURE DATE This agency Ihas no o6jaction 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. Ma rilo, 'I �U��n RECEIVED SEP 1 5 2019 MP SECTION MHD p N,X CNkI�' PµTn uq unxnrW pgYl, rcfmn of Environmental Quality I' DSvisionofC111talM011a9c ut DlSouth Gdtnn SuveYSuke300 I Elizabeth City. North Car6lina27909, ROY COOPER Governor, MICHAEL S. REGAN Secretary BRAXTON:C. DAVIS Director September 11, 2019. MEMORANDUM: NORTH CAROLINA Eity1ronmenfal Quality FROM: Gre.9d Bodnar, Assistant. Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 262-247-3330 (Courier 04-16-33) creep. bod nark ncden r. oov SUBJECT: CAMA/Dredge. & Fill Application Review Applicant: NC Division of Marine Fisheries Project Location: 1.6 nautical miles NE of NorthwestPointwithin the Roanoke Sound Proposed Project: Enhance Artificial Reef 197 Please:indicate below your agency's, position or viewpoint on'the proposed project and return thisYorin to Greda.Bodnar at the address above by October 2, 2019. If you have any questions regarding the proposed project, contact Ron Renaldi (262-264-3901, ext. 236) when appropeiate, in-depth comments with supporting data is requested. REPLY: ectiomto:the project as may be attached" X This agency has no comment on the proposed project. This agency approves of.the project only if the' recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments'. PRINT NAME Kacee Zinn for Shannon Jenkins AGENCY NCDMF Shellfish Sanitation SIGNATURE k4 2Ll2/L DATE 9/12/2019 SEP 1 5 2019 PAP SECTION MHD North Carolina Department of Environmental Qaaltty I DlvislonofCoastal Management Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252264.3901 ROY COOPER covemar MICHAELS. REGAR ,Secretory. BRAXTON'C: DAVIS Director September 11, 2019 MEMORANDUM.' NORTH CAROLINA Environmental Quality, 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) greod bodnarCrDncdenr cLov SUBJECT: CAMAfDredge:&Fill Application Review Applicant: NC Division of Marine Fisheries Project Location: 1:5 nautical miles NE of Northwest Point within the Roanoke Sound Proposed Project: Enhance Artificial Reef 197 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 October 2, 2019. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth comments with supporting data is requested. This agency has no-objectlon.v "Additional commentsmay be 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 theattached comments. PRINT NAME L-e.e, Pat1rICk AGENCY ��JJt ('o ,tit VhCry-e SIGNATURE %JpKoj� DATE L1 i::'s'•f° SEP 1 5 2019 North Carolina Department of Environmental'Quallty- I'Division or Coastal Management Elizabeth Chy.Ofhce 1401 South Griffin Street. Suhe300 I Elizabeth City.Nordi Carolina 27909 252.2643901 PoV codtkk MICAAELS. REGAN secrevvy ZRAXTON'C. DAVIS' Diredor Septamber11,.12019 FROM: "OiytSW[.. NORTH CAR'OLINA ftivirofiMentdiQuality wreggBodflar,'A6 Idtari;MajbrPernnIts Coordinator i Fax 62-247-M0'(CourW'6 41 SUBJECT: CAMAIDredge-4 Fill Applidation RevIew Applidant: NC Division of Marine s, Project Location: 1.5, nautical inlies:NE of Northwest Point within the Roanoke Sound Proposecil, Projed,: r=,nhakce,ANrtllf[6laIReef l'97,..,.,;I Plea'" indicate below ours geficy's:position or �Iewpchvject.and tvn the proposed'pro return this form to Grerna Bodnar a t the address I as above b , y Octbber2, 200. " If you he ve , any questions regarding th&pirbposed project, contact Ron Renaldi-(252-264-3901, dx.f.,235) When spproprlats, in-depth c6innistrits With supporting data 'Isrequested. REPLY: This agency has no objection to the project as propose "Additions ].comments "may ',b'e-a'ttacfied** This agency has moontriterit.,on the "proposed project.. This agency approves of the project only If the recommended changes are Incorporated. See.atlqched. This,agency objects to the project for reasons,described in.the,,attached cornments,-1 PRINT NAME �/,)1 k oot t'7- I Iq I AGENCY RECEIVED SIGNATURE DATE SEP 2 0 2019. MP SECTION MHD NorlhCa Department ofEnylummentil Qd'allty I DMsionofCoastalManagement Elizabethaiyornee I 4P] South Griffin Streit. Suite 3001 Ekabeth0tyMorih,carollan21909 7siJAA30ni lkece,lved.:09j-12/2010, I 0-z: State 14i Pr eservation se'rv`aiti 0-fi Offke ty"VokRI ,M��ELS.,PEGAN 8 -'-' N:C.'DAVIS' D SW"bet:11;1016. MEMORANDUM:. 7� FROM: 'Gregg, bodnar, Assistant Mqjor.Pqrmb 0ooid1hator NCPEQDivision of'Coastal Management 00Commerce Ave., Moreheadpity;'NC,28557 Fak:10-247M30 (Pqudkr-'04m1633) mcdenmov CA MA I Diad&,& Fill Application Review (i$19-2778t' A7 'Apoticaftt: Nd:'D1 sion,ofMahne FIsfierleS PMiaft6&at1on:: 1.5 fia-'Uti6allmllesNE oMorthwost*Poiht vkh1wtfii.,F ioanoketSqund. Prbpose&P, , r9ject: Efiftance Adificial Reef In This agency, ;has nocommer This agen'cpapp"r' ' "' tfie qVe� of PRINfNAME Renee Uedhill=Earley, AdEkV !State Histork;PX6servation.Office SIGN4TURE, (Y� All 1q- DATE ddscObdin the.attached I�Mll SEp 2 0 2019 MP SECTION MHD e;�3z'EQ. North CU i trnen(ofEnv1mmcfiWQuiftryj DivLsjonofconWm 140 so6thariMnStrit4�%Mc300,.I,EflmbclhC3ti,No�thc".UM2�og 2MU.3901, SEP 1,12010 ROY COOPER Covernar ` MICHAEL S. REGAN! Secretary S. DANIEL SMITH D7rzcf5t NORTH CAROLINA £n4onmenta/Quality September 13, 2019 NC Division of Mar.,ine Fisheries, Attn: Mr. Jordan Byrum PO Box 769 Morehead City, NC 28557 Subject: Stormwater Permit Exemption Stormwater Project No. SW7190902 Artificial Reef 197 Project bare County Dear Mr. Byrum: On September 11, 2019,the 'Washington. Regional Office of the Division of Energy, Mineral, and:Land Resources received a copy ofyour CAMA Major application for the subject project. The proposal involves the enhancement of an existing artificial reef located in Roanoke Sound NW of Roanoke3sland in Dare County. Staff review of the plans:andspecifications has determined thatth project, as proposed, consists of activities that will not pose surface Water quality threats from stormwater runoff The.Director hasdetermined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be,subjectto thestormwater management permitting;requirements of 15A NCAC 2H,1000. For this reason, we are informing you by way of this letter that the current project will notrequire,a State Stormwater management permit; The storrdwater:rules. require the Division to permit the common:plam of.development, therefore, any future.;development on the property, regardless of whether.a'SEC plan,,or LAMA Major permit is also required, will require a Stormwater Management Permit application and Permit issuance from the Division of Energy, Mineral, and Land Resources prior to any construction., Any construction on, the; subject site, prior to receipt of the required permit, will constitute a, violation of 15A NCAC 2H.1000 and.may result in appropriate enforcement actions by Please. keepin mindthat this determination does not affectyour'legal obligation to obtain other permits and approvals, which maybe required by Federal, State, or local government agencies, rule or law. If you have any questions, or need additionalinformation concerning this matter, please contactthis office at (252) 946-6481. Sincerely, o v Bill Moore Environmental. Engineer Washington Regional Office. RECEIVED cc: WARO, S E P 1 5 2019 Ec: jordam yrumCrancdepLgpv . gregg bodnarOncdenr.eov NIP SECTION MHD North Carolina Department 'of Environmental Quality l Division of Energy, Mineral and Land Resources �:E �"�• Washington Regional office 1 943 Washington Square Mall I Washington, North Carolina 27889 -\�V 252.946.6481 ROY COOPER Gommor MICHAEL,S. REGAN Secretory FiRAXTON C. DAVIS Director September 11,21019 MEMORANDUM: FROM: Gregg'Bodnar, Assistant, Majof.Permlts Coordinator NCDEQ - Division of Coastal Management , 400, Corniherce-AV6, Morehead'City, NO 28657 Fax: 252-247"33ao,(Coui/pr'04-1G-jO) greQq.b6dnar(a)rcdenr.gov'1 I SUBJECT: CAMA lbredge &,Fill App#cauon Review 4ppiiciane NC Division of Marine, Fisheries Project Location: 1.5 nautical miles!NE of Northwest, Point within the Roanoke Sound., Prop'osird'Pirp- rt pet: Enhanco,o,A ificial Reef 197 Please indicate Lbelowyour'a ency's.positlon or viewpoint on the proposied project and returnt ihlsfonw to 6r,bumfilddha 'at the address above ,by-O,c(ober2,-20119., Ityou hav6inyquegbons, regarding ,thd pIfop6sa1dprojedt;Ixbrtact RonRenald! S2-264w30.01 eit . 235) when -appropriate, jn-depth corperWW1th supppilthjdata lkrqquqsted. I REPLY:, This agen6yhas,no�objectionito,the'p!oject as proposed; PRINT NAME P4Lrtcy2 WA t I O-r AGENCY SIGNATURE •9AJ..IA DATE, 0/ Changes, the attached SEP 3 0 2019 pjip SECTION MHD 'North Carolina Department of Environmernal,Qyaliq I DlOilon of Coastal Management Elizabeth City Offic 1461 South Griffin Streit, Suite 300 1 Ulzabeth City, North Carolina 27909 —'ROY COOPER Goyemor MICHAEL S. REGAN smmmry BRAXTON C. DAMS 0►mctor September 11, 2019 MEMORANDUM.' N0RTfl CARQL1NA-------......._. ..... -..:.. __ rnWroammfa►Quaffty 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) gregq.bodnarAncdenr.aov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: NC Division of Marine Fisheries Project Location: 1.5 nautical miles NE of Northwest Point within the Roanoke Sound Proposed Project: Enhance Artificial Reef 197 Please indicate below your agency's position or viewpoint on the proposed project and retum this form to Greim Bodnar at the address above by October 2, 2019, If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) 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 PRINT NAME QY 4h 0WvYIS /+ AGENCY uG - OG (DECEIVE® SIGNATURE �%� 9 SEP 3 0 2019 DATE -zbt MP SECTION M9H® D_EQ North Caroftna Department ofetvUo nml Qjtallty I Division of CoastalMamgement Elzabeth City Ofnce 1401Suuth Gr1fOnStmet.Su1te300 I EOzabeth Gly.Nor1h Carollna279o9 2512643901 ROY COOPER Governor MICHAELS.REGAN Se—tary BRAXTON C. DAVIS Director llf�ilC�I��il1�Iu TO: Gregg Bodnar, Ma or Permits Processing Coordinator Division of Coast Management FROM: Charlan Owens, ICP, NE District Planner Division of Coastal Management SUBJECT: Major Permit Request by the NC Division of Marine Fisheries Artificial Reef Program to place up to 2,000 tons of #4 size granite rock within 5.26 acres of Artificial Reef-197, in the Roanoke Sound, 1.5 nautical miles NE of Northwest Point on Roanoke Island, in Dare County. DATE: September 30, 2019 Consistency Determination: The request is consistent with/not in conflict with the Dare County 2009 Land Use Plan certified by the CRC on February 24, 2011. Overview: The 5.26 acre project site is located in the southeast corner of Artificial Reef-197 (AR- 197) a 38.79 acre artificial reef in the Roanoke Sound, 1.5 nautical miles NE of Northwest Point on Roanoke Island. The reef was permitted in 1987 by the US Army Corps of Engineers (USACE). Existing enhancements at AR-197 consist of tires located in the southwest corner of the reef. The reef boundary is marked by four (4) 13 inch spar buoys. Specific to the 5.26 acre project site, water depths are approximately 10 feet below Mean Low Water (MLW). The bottom consists of sandy substrate. No existing shellfish resources or submerged aquatic vegetation are located in the project site. Placement of up to 2,000 tons of #4 size granite rock within 5.26 acres of AR-197 is proposed. Rock will be located within a 300 foot by 750 foot area. A 100 foot perimeter buffer will be established around the area to ensure no material is placed outside the reef boundary. Rock will be transported by barge to the reef and sprayed off the deck onto the water bottom. It will be placed in scattered mounds measuring up to 2 feet in height. Vertical clearance of 8 feet will be provided for navigation. The Roanoke Sound in this area is classified as SA and HQW and is closed to shellfishing. A review of significant historic or archaeological resources was not provided. RECEIVED p D�$ SEP 3 n 2019 hv�X� L6u1� North Carolina Department of Environmental Quality I Division or Coastal Management Elizabeth City Office 1 401, South Griffin■,�(�. Street. Suite 3001 Elizabeth City. North Carolina 27909 MP SECTION " VD 252.264 3901 ' North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 3 Anticipated Impacts resulting from this project are expected to include: the filling of 5.26 acres of Public Trust Area/Estuarine Waters Area of Environmental Concern (AEC). Basis for Determination: The project site is in the Roanoke Sound. As indicated on Page 217 of the Dare County Land Use Plan (LUP) the "Conservation" designation applies to all CAMA Areas of Environmental Concern (AECs). As indicated on Page 217, the purpose of the Conservation classification is to provide for the effective long-term management and protection of significant, limited, or irreplaceable areas. A glossary of terms used in the policy statements is provided on Page 139. These include. Advocate: to promote or encourage Encourage: to favor or foster (also see support) Recognize: to show awareness of an issue or condition Shall: mandatory, not optional; a more formal term for "will" Should: preferred or recommended but not mandatory in all cases Support: to foster; may imply financial support The following LUP policies may be applicable to this request. Public Access: Policy PA#1, Page 142. "Dare County supports the preservation and protection of the public's right to access and use of the public trust areas and waters." Land Use Compatibility: Policy LUC#15, Page 159. "The Dare County Board of Commissioners supports the protection of structures, lands, and artifacts that have been identified by the NC Department of Cultural Resources, Division of Archives and History, as archaeologically or historically significant. On a case -by -case basis individual protection/management strategies should be implemented to ensure archaeological and/or historical resources are not destroyed." RECEIVED SEP 3 0 2019 MP SECTION MH® North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 3 of 3 Natural Hazards: Water Quality: Policy NH#2, Page 180. Implementation Strategy, Page 180. "1. Rely on existing CAMA AEC regulations to address development activities along the ocean beaches, estuarine shoreline, and other public trust areas in unincorporated Dare County..." Fisheries Resources Policy WQ#11, Page 193. "Dare County recognizes the importance of our surrounding waters that serve as habitats for the area's abundant fisheries resources. The continued productivity of Dare County's fisheries shall be fostered through restoration and protection of the unique ecosystems upon which they depend..." Local Areas of Concern: Policy LAC#4, Page 200. "Dare County encourages federal and state regulatory agencies to consider fast -tracking of public purposes projects..." ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director September 11, 2019 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) greag.bodnar(cDncdenr.gov;, SUBJECT: CAMA/Dredge & Fill Application Review Applicant: NC Division of Marine Fisheries Project Location: 1.5 nautical miles NE of Northwest Point within the Roanoke Sound Proposed Project: Enhance Artificial Reef 197 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 October 2, 2019. If you have any questions regarding the proposed'project, contact Ron Renaldi (252-264-3901, ext.235) when appropriate, in-depth comments with supporting data is requested. REPLY: V This agency has no objection to the project as proposed. DWR Project No. 19-1211 "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 Anthony Scarbraugh AGENCY DWR SIGNATURE �rriLeiteL �CQiz�4Cct�zl DATE 10/08/19 OCT 6 2019 MP SECTION Al HD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252.2643901 ROY COOPER covemor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NC Division of Marine Fisheries Attn: Jordan Byrum PO Box 769 Morehead City, NC 28557 ,yuSfNE y. ya � k' NO i A CAMA PEKivu i own. NORTH CAROLINA Environmental Quality October 11, 2019 D W R k 19-1211 Dare County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS NC DIVISION. OF MARINE FISHERIES - AR-147 ENHANCEMENT Dear Mr. Byrum: You have our approval for the impacts listed below for the purpose described in your application dated September 11, 2019 and received by the Division of Water Resources (Division) -on September 11, 2019. These impacts are covered by the attached Water (Quality General Certification Number 4175.and the conditions listed below. This certification is associated` with the use of LAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE)..•This Certification allows you to use the CAMA Major Permit when the Division of CoastaiManagement Issues It. Please note that you should get any other federal, state or local permits.before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control; Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the:conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)(c)] Type of'Impact Amount Approved Amount Reduced Plan location/ (units) (units) Reference Permanent Temporary Attached Open Water OW-1(Fill from #4 size granite 5.62 (acres) 0 (acres) Figure 2 rock) RECEIVE® OCT 1 1 2019 North Carolina Department of Emlronmental Quality l Division of Water Resources �J Washington Regional office 1943 Washington Square Mall l WashiRnpglVprtii ee=N tlty HD x(wmG.b wn L��tii8e r�r'" ��11GG''��ss r w 352946.6481 NC.DIVISION OF'MARINE "FISHERIES DWR#.19-1111 401'APPROVAL Id 1, 1 r'"t i A.' 4 j Pager2 of 3 2. Water Quality Certification' The' proposed project mustcomply with all the .conditions of the General Water Quality Certification(s), 4175. 115A NCAC 02H .0507(c)] Continuing Compliance 3. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal SaltWater'Quality for .Class SA Waters (3)(g) pH: shall be normal for waters In 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 urbidityinthe.receivingwatershall"not exceed 25 NTU; It turbidity exceeds this level due to natural background conditions; the existing; turbidity leve6sha11 not be. increased. [15'A NCAC 02B .0220] Other Conditions 4. This approval and Its conditions are final and binding unless contested. [G.St 143-215.5] 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,Off ce of Administrative Hearings (herebyyknown as OAH). A:petitlon:form may.be obtained -from the OAH at htto://www.ncoah;c6m/ or by;calling the.OAH Clerk's Office at (919.) 431-3000 for information. - . Within si4y{60) calendar days of receipt of this notice, a; petition must be filed with the OAH. A petition Is considered filed when the original!an.d one,(1) copy along with anyapplicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday, between 8 00am and 5:00pm, excluding official state holidays). The petition may be;faxed'to the:OAH at (919) 431-3100, p,'rovided the originalarid one copy ofthe petition alongwio 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: If sending via delivery service (UPS, FedFX,, etc.): Officeof Administrative Hearings Office of Administrative!Hearings 6714 MailService Center 1711 New Hope Church Road Raleigh, NC 27699;-6714 Raleigh, NC27609-6285, One (1) copy of the petition must;aiso be served to DENR: William F. Lane; General Counsel Department of'Environmental Quality 1601 Mail Service Center, Raleigh, NC 27699-1661 OCT 1 1 2019 &V SECTION MH® Pig viviaivtv yr mnnmc nmtcniw DWR#19-1111 401APPROVAL Page 3Tof3 This letter completesthe review of the Division under section 401 of the. Clean Water Rules. Please contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbrauehCOncdenr.aov If you have any questions or concerns. Sincerely, Row TA#." Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 Certification of Completion cc: Gregg Bodnar, DCM Morehead City Office (via email) Ronald Renaldi, DCM Elizabeth City (via email) Josh Pelletier, USACE Washington Regulatory Field Office (via email) Laserfiche OCT 1 1 2019 MP SECTION i!l HD AP ED Cam. AR-197 Deployment Plan ' t 9"IW 1 1 2019 b,'W 0 7125 250 500 Feet Figure Date:, 8127/19. Planned developed area: - 6.26 acres / 229.131 sgft a Deployment Points Q eonstrue0on Area 100ft Conatruellon Buffer Reef Boundary g Ex1311n0,Matedal Figure 2, Deployment will take place within the dark outlined construction area. This area measures 750 feet by 300 feet (5.26'acres or 229,126 square. feet). A 100-toot.buffer has been established to ensure no in is placed outside the permitted reef boundary. One barge load of material will be.plaeed at each:deployment point depicted on the map. Existing material (tires) are shown in green and are located in the Southwest corner of the reef site. $lair rl Nanh C:nolb,a i hiul+Inn nl Alm inr pillrl ir+ 3.111 Arendell Skeel. PU MI 7e'1 Atnrthrad lily. Norlh Card"i 28'AW . 1'id•710 7011 11 Regulatory Division SAW-2018-00160 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: OCT 2 3 2019 MP SECTION ii HD Reference the application of the NC Division of Marine Fisheries to construct a new artificial reef by placing two decommissioned, cleaned, and prepared vessels (100' — 200' class) and up to 8,000 tons of recycled precast concrete over 9.3 acres of the proposed 163-acre reef site, located approximately 7.5 miles SE of Oregon Inlet and 2.5 miles offshore of Pea Island, in the Atlantic Ocean, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, the NMFS Sea Turtle and Smalltooth Sawfish Construction Conditions, Dated March 23, 2006, NCDMF Guidelines and Specifications for Acceptable Reef Materials, ASMFC/GSMFC Guidelines for Marine Artificial Reef Materials, Environmental Protection Agency's National Guidance: Best Management Practices (BMPs) for Preparing Vessels Intended to Create Artificial Reefs, NOAA/NMFS National Artificial Reef Plan and artificial reef guidance and conditions set forth in the Corps' Regional General Permit 198500194 and Programmatic General Permit 1980002911 which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The Permittee will comply with the NMFS Biological Opinion (BO) SER-2019-00225, SER- 2019-19783 issued on October 18, 2019 which contains mandatory terms and conditions to implement the Reasonable and Prudent Measures (RPM) that are associated with "incidental take' that is also specified in the BO's. Your authorization under this USACE permit is conditional upon your compliance with all of the mandatory terns and conditions associated with incidental takes of the attached Opinions, which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute non- compliance with your USACE permit. The USFWS and NMFS are the appropriate authorities to determine compliance with the terns and conditions of their BOs, and with the ESA. RECEIVED A OCT 2 3 2019 NCDMF Special Conditions 1. Any deployment of reef materials during North Atl'e PIX"J" on (November 15 through April 15 of any year) must comply with: a. Maximum speed for all vessels involved in placing the reef material is 10 knots. b. When practicable, deployments will be conducted during daylight hours when lighting, weather, and sea conditions allow for visual monitoring of the project area. c. Deployment activities will cease immediately if sea turtles or marine mammals are sighted within 50 feet of the construction area and will not recommence until the protected species observer reports that the ESA listed species has left the area under its own volition. NCDMF and its designees are also required to participate in the Right Whale Early Warning System to protect North Atlantic right whales. If a right whale or any other species of whale is reported within the area, then the contractor will be required to follow the enclosed NMFS's Southeast Region Vessel Strike Avoidance Measures and Reporting for Mariners (revised February 2008) (Appendix B), except where specific measures below are in conflict, in which case the measures in this Opinion govern (e.g., a speed restriction to a maximum of 10 knots (kt) at all times in right whale calving areas [i.e., federally -protected areas off the southeastern U.S. coast designated and implemented for the protection of right whales and their calves during their calving/migration season] for vessels 65 feet in length or greater). By law, vessels shall maintain a 500-yd buffer between the vessel and any North Atlantic right whale [as required by federal regulation 50 CFR 224.103 (c)]. 2. If a listed species is seen within established exclusionary zones, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a listed species. Activities may not resume until the protected species has departed the project area of its own volition. 3. Reef structures shall be sited and installed in accordance with the permitted boundaries and site clearances. 4. Reef structures shall not be placed on natural hard -bottom habitat. 5. Materials should be of sufficient size and relative density to not move from the reef site post - deployment and be clean and free from asphalt, creosote, petroleum, other hydrocarbons and toxic residues, loose free floating material or other deleterious substances. 6. The use of explosives to deploy materials is not authorized. 7. Reef materials shall be selected to ensure that ESA -listed species do not become entrapped in reef structures, or entangled in debris (e.g., abandoned fishing tackle, nets, and lines) that may accumulate on artificial reefs: a. Materials used for artificial reef building shall conform to the recommendations in the National Artificial Reef Plan (as Amended): Guidelines for Marine Artificial Reef Materials, Second Edition (Atlantic and Gulf States Marine Fisheries Commissions 2004). Except that derelict automobiles shall not be used and derelict vessels and military surplus shall have openings on all exposed sides adequate to prevent entrapment of ESA -listed species. Openings will be sufficient of sufficient size and quantity to allow for several points of egress for sea turtle species that may enter the stricture. b. Military surplus and vessel strictures such as ladders, rails, booms, antennas, etc. will be removed to reduce the potential accumulation of abandoned fishing tackle and lines. Clean steel, concrete bridge, or large building demolition materials such as slabs or pilings may be used provided that all steel reinforcement rods do not protrude more than 3 inches. S. During regularly scheduled reef assessments, staff will make reasonable attempts to clean reef materials of debris, without compromising the safety of the crew and divers. For example, precluding conditions might involve low visibility or high current, which may present diver safety issues and increase the potential of divers being entangled or snagged. The Permittee will send confirmation of cleanup to NMFS's Southeast Regional Office (takereport.nmfsser@noaa.gov), including dates of cleanup efforts and results of the clean-up. 9. The Permittee shall follow NMFS's Sea Turtle and Smalltooth Sawfish Construction Conditions to further reduce interaction risk and require all construction workers to watch for sturgeon and sea turtles. Operation of any mechanical construction equipment will cease immediately if a protected species is seen within a 50-foot radius of the equipment. Activities will not resume until the protected species has departed the project area of its own volition. 10. In order to fiuther protect the endangered West Indian Manatee, Trichechus manatus, the Permittee 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 https://www.fws.eov/nc- es/mammal/manatee guidelines.pdf. 11. All material placed to construct reefs (specifically designed reef modules) will be selected and placed so as to avoid the movement of reef materials due to sea conditions or currents. The Permittee will be responsible for any materials which are moved by sea conditions or which break loose from reefs, and the Permittee will be responsible for any damage caused by such materials. 12. All materials used for construction of reefs shall be consistent with the National Artificial Reef Plan and will be clean and free of petroleum and other hydrocarbons (oil, grease, asphalt and creosote), toxic residues (mercury, cadmium and lead) and loose, free floating material and other deleterious substances and/or in compliance with criteria established by the U.S. Environmental Protection Agency (EPA). 13. The use of tires, Fish Aggregating Devices (FADS), post -use sanitary sewer materials, automobiles and other civilian vehicles, white goods (refrigerators; washers, etc.) boat molds, floatables, loose organic material and general demolition debris, other than clean concrete units to form reefs, are not authorized. 14. The placement of material within any jurisdictional wetland, submerged aquatic vegetation bed, coral reefs, oyster reefs, mussel beds, scallop beds, clam beds or live bottoms ( REM WED the growth of sponges, sea fans, soft coral and other sessile macro invertebrates generally associated with rock outcrops) is not authorized. OCT 2 3 2019 P01 SECTION MIAD �I General Conditions The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 4. 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. 5. 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. 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. 7. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 8. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 9. 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. RECEIVED OCT 2 3 2019 MEN SECTION MHD 10. 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. 11. 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). 12. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, 910� Josh Pelletier Regulatory Project Manager Copies Furnished: Mrs. Jennifer Burdette North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mrs. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road OCT 2 3 2019 NqP SECTION WD Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 OCT 23 2019 EUP SECTION MHD DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: N.C. Division of Marine Fisheries LOCATION OF PROJECT SITE: 1.5 Nautical Miles NE of Northwest Point on Roanoke Island, within the Roanoke Sound, Dare County, North Carolina Latitude: 350 57.110' N Longitude: -750 42.337' W 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - N/A Was Applicant Present - N/A 5. PROCESSING PROCEDURE: Application Received Complete - 9/10/2019 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County RECEII/FD Land Classification From LUP - Conservation (Water) (B) AEC(s) Involved: Public Trust Area (PTA), Estuarine Waters (EW) SEP 1 1 (C) Water Dependent: Yes (D) Intended Use: Public/Government DCA 4Hp (E) Wastewater Treatment: Existing - N/A C/7-y Planned - N/A (F) Type of Structures: Existing - Artificial reef made of tires Planned - Granite rock reef enhancement (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: FILLED OTHER (A) PTA & EW Water Bottom ±229,126 ft2 (5.26 acres) (D) Total Area Disturbed: ±229,126 ft2 (5.26 acres) (E) Primary Nursery Area: No (F) Water Classification: SA; HQW Open to Shellfishing: No PROJECT SUMMARY: The NC Division of Marine Fisheries (NCDMF) proposes to enhance Artificial Reef-197 (AR-197) through the placement of up to 2,000 tons of #4 size granite rock. Project Setting AR-197 is located at 350 57.110' N, -75° 42.337' W or t1.5 nautical miles NE of Northwest Point on Roanoke Island, within the Roanoke Sound, Dare County. The reef is 38.79 acres in size and was originally permitted by the USACE in 1987. At that time, the reef was constructed using tires, which remain on the site. The limits of AR-197 are currently marked with four 13" spar buoys. MLW depth is 10 feet and navigational clearance is listed as 6 feet. A sidescan survey of the site showed no existing shellfish resource or submerged aquatic vegetation in the sandy substrate. N.C. Division of Marine Fisheries Field Investigation Report Page 2 Development Proposal The NCDMF proposes to add up to 2.000 tons of #4 size granite rock to AR-197. This development is planned to occur within a 5.26-acre portion of the 38.79-acre site. The granite rock will be loaded onto a self-propelled barge at a stockpile site located at the Wanchese industrial park and then transported to the reef. The barge is equipped with a water monitor which will be used to spray the rock off the deck onto the water bottom. It is expected that the granite rock will be washed at the quarry to reduce the likelihood of turbidity. The area of water bottom that the rock will be placed measures t750 feet x 300 feet. The rock will be placed in scattered mounds measuring up to 2 feet tall, leaving 8 feet of vertical clearance for navigation. A 100-foot buffer has been established around the development area to insure no material is placed outside of the reef boundary. Anticipated Impacts The project as proposed will result in the filling of t229,126 ft' (5.26 acres) of water bottom within the Public Trust Area and Estuarine Waters AEC's. Temporary water turbidity will occur during rock placement. Submitted by: Ron Renaldi Date: September 10, 2019 RECEIVE=o SEP I I CCM-MHG CITY ROY COOPER Gm'rnrcrr- MICHAEL S. REGAN Semmvl STEPHEN W. MURPHEY viretv NCDMF Artificial Reefs The North Carolina Division of Marine Fisheries (NCDMF) Artificial Reef Program has been formally operating since the 1970's and manages 68 artificial reefs and oyster sanctuaries. Twenty-five (25) of these sites are located in estuarine waters, and the remaining 43 are in ocean waters. In 2016, the NCDMF released an artificial reef guide which outlines each of the artificial reefs and oyster sanctuaries. This document provides material information, latitude longitude information, and a figure of the material on the reef site. A pdf version of the hardcopy reef guide can be found at: http://Mrtal.nedcnr.ory/c/document library/get file?uuid=24160156- 4b46 49e6-9126-4fa488.b49chh&.grou�id_38337. The NCDMF Artificial Reef Program has also developed an interactive reef guide, set up in an ArcGIS format is available here: his://ncdenr.maps.arcgs.comlapps/webapnviewer/index. htm I?id=3 b27e8594cb6444c88b5525b f763aa55. The interactive guide is complete with material shapefiles, latitude/longitude information, side -scan sonar imagery, and much more. This is available for review by the public, state, and federal agencies. Boundaries for each reef site were defined in a boundary packet which detailed the coordinates of each reef, material locations, reef boundaries, and acreages of reefs and materials. This packet was accepted by Division of Coastal Management on July 10, 2017 and USACE on October 25, 2017. Letters acknowledging the acceptance of this reef packet are shown in attachments 1, 2 and 3. Project Background RECEIVED The site is located about 1.5 nautical miles NE of Northwest Point on Roanoke Island as shown in Figure 1. It was originally permitted by US Army Corps of Engineers in 1987 (SAWC077-N-028-0082). NCDMF does not have a record of a CAMA permit for the reef site, $ EP 1 1 "' 9 likely because construction was authorized prior to the implementation of current pernittingDCM-MHD practices. The reef is 38.79 acres in size and was originally constructed using tires. The tires CITY remain on the reef site and can be seen in Figures 2 and 3. AR-197 is currently marked with four 13" diameter spar buoys emblazoned with an orange diamond and the word "REEF". ML W depth is 10 feet and navigational clearance is listed as 6 feet. A sidescan survey of the site showed no existing shellfish resource or submerged aquatic vegetation (Figure 3). Artificial reef materials are selected on four primary considerations: Function, compatibility, durability, and stability. Accepted materials include concrete, vessels, and natural materials and were chosen based on the above criteria, using guidance from internal program studies, The ASMFC/GSMFC Guidelines for Marine Artificial Reef Materials (Second Ed., 2004), The Environmental Protection Agency's (EPA) National Guidance: Best Management Practices (BMPs) for Preparing Vessels Intended to Create Artificial Reefs, and the NOAA/NMFS National Artificial Reef Plan. Concrete structures include recycled pre -fabricated materials, crushed concrete, and pre -designed concrete reef material. These concrete structures must be free of protruding rebar and any open bottomed structure must have an opening in the %rule of Nur It. G11 IA;. i Ui v."ofAlarm<;1y,hoir+ W IIA,zrdell Slrret VOP,11a 16'f AtorcbraACilt-Wirth Car. lna WAV _ i.. f ", ;Ufl top equal to the bottom opening or 3-feet in diameter (whichever is lesser) to allow listed species to escape. Vessels consist of preferably large steel hulled vessels for longevity. Examples of natural material include calcium carbonate shells, limestone marl, granite and basalt. All materials must be cleaned and prepared in accordance with United States Corps of Engineers General (Regional) Permits (4GP198500194 or #GPI9000291), applicable NC Division of Coastal Management permits, Division of Water Resources permits, and conform to site -specific navigational clearance requirements published by the United States Coast Guard and NOAA Office of Coast Survey. This includes the removal of all pollutants and tangle hazards such as railings, antennas, etc., from vessels. Proposed Enhancements Through a Sport Fish Restoration grant, the NCDMF Artificial Reef program plans to purchase up to 2000 tons of #4 size granite rock (3/4"-2" average size) for use at AR-197. This rock is typically washed at the quarry, reducing the likelihood of excessive turbidity during the deployment process. This development is planned to occur in a 5.26-acre portion of the 38.79-acre site. This material will be loaded onto a self-propelled barge at a stockpile location nearby at the Wanchese industrial park. The barge is equipped with a water monitor which will be used to spray rock off the deck. This deployment strategy has been used successfully by NCDMF for many years in cultch planting efforts and produces low -profile mounds of material. For this project, we plan to modify the cultch planting style of deployment and create slightly taller mounts, up to 2 feet off the bottom. A profile view can be seen in Figure 4. Deployments will follow protected species avoidance measures as outlined in the ongoing USACE consultation with NMFS-PRD as well as USFWS Guidelines for Avoiding Impacts to the West Indian Manatee. RECEIVED SEP 1 1 2C19 DCM-MHD CITY S1:"e of N111 h('a"11.e lliuwnn..l U ai.'e f"",.,,. 3a41 Ai enAoO So ml PO.Bn,10 Morehead(t,, N. „h<.n•=uu'n.4 r' J"! 7:b MA ROY COOPER Governor MICHAELS.REGAN Seeretary BRAXTON C. DAVIS Director Jordan Byrum NC Division of Marine Fisheries P.C. Box 769 Morehead City, NC 28557 Dear Mr. Byrum: NORTH CAROLINA Environmental Quality September 10, 2019 EECEIVED SEP 1 12019 ocm�MHD CITY The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval to enhance Artificial Reef-197 located 1.5 Nautical Miles NE of Northwest Point on Roanoke Island within Roanoke Sound in Dare County. It was received complete on September 10, 2019 and appears to be adequate for processing at this time. The projected deadline for making a decision is November 24, 2019. 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 September 10, 2019, 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 I I3A-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. North Cardin Department of Environmental Quality I DMslon of Coastal Management Elizabeth City Office 1 401 South Griffin Sireet,Sttite 3001 Elizabeth City. North Carolina 22909 252.264.3901 Jordan Byrum NC Division of Marine Fisheries Page 2 of 2 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 or if you wish to receive a copy of the field report. Sincerely, 6z;W Ron Renaldi District Manager, Northeastem District NC Division of Coastal Management RR/eg Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC RECEIVED SEP 11 nO q DCM.MHD CITY RECEIVED SEP 11 2019 "E DCM -MHD CITY N0T1(*0; PROJECT: Enhance Artificial Reef - 197 through the placement of up to 2,000 tons of #4 size granite rock COMMENTS ACCEPTED THR®UQH ____ Octobers, 20'19 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Jordan Byrum Ron Renaldi NC Division of Marine Fisheries 401 S. Griffin Street, Suite 300 P.O. Box 769 Elizabeth City, NC 27909 Morehead City, NC 28557 252-808-8036 252-2643901, ext. 235 ROY COOPER Govemar MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Otrecmr EMAIL MEMORANDUM NORTH CAROLINA Environmental Quality TO: Susan Simpson The Coastland Times Manteo, NC 27954 Iegals(cDthecoastl andtimes. net FROM: Ella Godfrey DATE: September 10, 2019 SUBJECT: Public Notice: NC Division of Marine Fisheries Please publish the attached Notice in the Sunday, September 15, 2019 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jessica Gibson, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Tricia Smith, PIO, DMF, Morehead City Jessica Gibson, Business Officer, DCM, Morehead City File RECEIVED SEP 1 1 � 0 `9 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth Cay, North Carolina 27909 252.264.3901 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 09/10/19. The NC Division of Marine Fisheries proposes to enhance Artificial Reef-197, through the placement of up to 2,000 tons of #4 size granite rock, located 1.5 Nautical Miles NE of Northwest Point on Roanoke Island within Roanoke Sound in Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264- 3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 10/06/19, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. RECEIVED PLEASE PUBLISH ON: Sunday, September 15, 2019 SEP 1 i .�ti��� DCAi CITY North Carolina Department of EnNronmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 Z52,264.3901 Attachment 1. NCDCM acknowledgement ofNCDMF Artificial Reef boundary modifications Oursnf Monuyrmtrnl July 10. 2017 NC Division of Marine Fisheries Artificial Reef Prograin do Jason Peters 3441 Arendel St. Morehead City, NC 28557 SUIURCT: NC DMF Artificial Reef Boundary Modifications Dear Mr. Peters, ROY COOPER MICHAEL S. RECAN c,.., BRAXTON C. DAVIS 'Phis letter is in response In Clio NC Division of Marine fisheries Ariificial Reef Program's request to modify and document the expansion of numerous artificial reef and oyster sanctuary sites throughout the estuarine and coastal waters of North Carolina. The reef site boundaries specified within this letter arc existing ter permitted and have been accurately documented. Thew boundade will be kept on file with each related CAMA permit, and on file in with the INC Division of Coastal Management in the 2017 major pennit archives under 2017 NC DMF AN BOUNDARY MODIFICATION. Ifat any tine your agency wishes to access these records, apply fur a pencil or permit nwdificatiat, or modify a boundary, this letter shall be referenced, along with the appropriate mofsite information. This endoramnent does not convey an naive pemtil or nnthorirntiun to Conduct development within the newly acknowledged reef site boundaries. Any future developmem may require modification ofan active Permit or the need to proceed through the NC Division of Coastal Manalli CAMA major pennining process. Please contact a representative of Clio Division prior to the contnen"Cuenl of any activity for dais detasnination. RECEIVED SEP 1 i , J19 DCM-MHD CITY Received By t` � pate Reed 7 a f.L svvasvrraGwaa,r I rnKoumlaQurAw l C-.Av , . Mwdaad(ar 011ie I 100evwa, A-- I Mmaetlorr aC assi 2U6093ba 5 iulk4Ch{�+'u90tYs$'%.. 1N,14a B�xJ,ryrbO a�Myxgn�Y41 ,M i Nlglurl nrrmW Stat+ef Nurthl'ar+zllrra : 1/lonnnz rzf M,nar<+' J ... ±441Arcnde15h.rot POBus:W Marhrad City. N.�rn �anem..z"+/:� 2"2 � 20 lt)21 AR-191 OS-10 Gibbs Shoal AR-197 OS-11 Imig Shoal AR-291 OS-12 Raccoon Island AR-292 OS-13 Pen Island AR-296JOS-04 Clam Shoal 03-14 Little Cmk AR-29VOS 06 Ocracoke OS-15 Swan Island AR-380 AR-160 AR481 AR-275 AR-392 AR -)IS AR-31% AR-320 AR-398 AR-342 OS-0I Croatian Sound AR-360 OS-02 Deep Bay AR-364 OS-03 West Bay AR-370 OS-05 Crab Hole AR-378 OS-07 Middle Bay AR-378b OS-08 Neuse, River AR425 08-09 West Bluff AR430 If you have any questiats concerning this matter, please feel free to contact me by telephone at (252) 808-2908 extension 215, or by email at gr_egg.bodua r i cdenr.eov. CC: Roy Brownlow Frank Jennings Jonathan Howell Debbie Wilson Sincerely. Gmgg Bodnar Division of Coastal Management Assistant Major Permits Coordinator nn[ W NmraOroau 1 uxavmend WalrrlenaYM.uRwrm Mv.a[YQY WR[ I MO Cmrsen Arrnrt I MbMelOnrf rrC )1551 ]Y W ra00 I/lylolr r19IMAx ' 9ate•.(\nnh Cen:ana.(tiri�irvrnl \Imineri�her w� 1411 Arnrdrll Wrvl PU &u b,`r ALnixeA(ih. N.vih CaoNni 'a55i S17RAVI RECEIVFI) SEP 1 I DCf4_I►48D CITY Attachment 2. 11SACE acknowledgement of NCDMF Artificial Reef bonndat y ntodi/ical ions DEPARTMENT OF THE ARMY tN�t/y VMLMINOTON DISTINCT, CORPS OF ENGINEERS WASHINOT0N REWLATORY FIELD OFFICE NW STREET WASHINGTON, NORTHNA 2711011 October 25, 2017 NC Division of Marine Fisheries Jason Peters Artificial Reef Program c/o Jason Peters Received B 3441 Arendell St. Morehead City, NC 29557 Date Reetd ' I D SUBJECT: NC DMF Artificial Reef Boundary Modifications Dear Mr. Peters: This letter is in response to the NC Division of Marine Fisheries Artificial Reef Programs request to modify and document the expansion of numerous artificial reef and oyster sanctuary sites throughout the estuarine and coastal waters of North Carolina. The reef site boundaries specified within this letter (see attached) arc existing or permitted and have been accurately documented. These boundaries will be kept on file at the U.S. Army Corps of Engineers Washington Regulatory Field Office. If at anytime your agency wishes to access these records, apply fora permit, or modify a boundary, this letter shall be referenced, along with the appropriate reef site Information. This acknowledgement of the reef sites does not convey an active permit or authorization to conduct development within the reel site boundaries. Any future development within these reef sites will require authorization from the US Army Corps of Engineers. Please contact Mr. Josh Pelletier at the Washington Regulatory Field Office prior to the commencement of any activity at Losh.r.pellet!eL@usiiLarqlyryfiI or by telephone at (910) 251 4605. Sincerely, i� Josh Pelletier, Project Manger Washington Regulatory Field Office RECEIVED SEP 1 1 aig DCM-MHD CITY St. ir "IN Cerohge 11xYklu,, ql Abnne F luru+ IJ 6.1""001 st"o PO&r,:'Oq \I,It,INd Cie,. 4nrth Carahw a'i', ISl 12n-]Olt North Carolina Division of Marine Fisheries Artificial Reef Sltes October 2027 Estuarine Reefs (Coastal Inshore Waters) AR-191 AR-197 AR-291 AR-292 AR-296105-04 Clam Shool AR-2981OS-06 Ocracoke AR-380 AR-381 AR-392 AR-396 AR-398 AR-491 OS-01 Croaton Sound Coastal Ocean Reefs (Atlantic Shoreline to 3nm) AR-160 AR-165 AR-175 AR-315 AR-320 AR-342 AR-360 AR-364 AR-370 AR-378 AR-3798 AR-415 AR-430 Federal Ocean (Seaward of 3nm line) AR-130 AR-140 AR-145 AR-220 AR-22S AR-230 AR-250 AR-255 AR-285 AR-300 AR-302 AR-305 AR-330 AR-340 AR-345 AR-355 AR-362 AR-366 AR-368 05-02 Deep Boy OS-03 West Roy OS-05 Crab Hole OS-07 Middle Bay 05-08 Neuse River OS-09 West Bluff OS-10 Gibbs Shool OS-11 Long Shoal OS-12 Raccoon Island OS-13 Pea Island OS-14 Little Creek OS-15 Swan Island AR-372 AR-376 AR-392 AR-386 AR-400 AR-420 AR-440 AR-445 AR-455 AR-460 Ali-465 Aelr 0 %. III, ('j. 11'mz , 0;aI- ,I A V .. me I i'I",, , 14-IIA,mdellS4,ttY PIIW,x IrH Mowe MCe,.4onlN.:m.,a.: I'll ile itla RECEIVED SEP 1 1201 DrM-MHD CITY Attachment 3. AR-197 page from NCDW Artificial Reef boundary modifications document AR-197 N 1.5 nautical miles NE of Northwest Point on Roanoke Island o 2r 500 1,000 Feet I Approximately 300 ft. from channel on northern Roanoke Island Old Boundary Information: NW 35' 57.313' N 75' 42.706' W NE 35' 57.293' N 75' 42.580' W SE 35' 57.223' N 75' 42.565' W S W 35' 57.238' N 75' 42.711' W Site 6.72acres Material 0 acres Proposed Boundary Information: NW 35' 57.324' N 75' 42.328' W NE 35° 57.317' N 75' 42.065' W SE 35' 57.103' N 75' 42.074' W SW 35' 57.110' N 75' 42.337' W Site 38.79acres Material 0.23 acres Figure Prepared 4*117 Permits: CAMA 1I.Inknown USACE SAWC077-N-028-089-0082 Site Depth 10 ft. Min. Vertical Clearance 6ft. Clearance Verified Ives OOld Boundary Q Existing Material QProposed Boundary PC M!Lltm— RECEIVEC., SEP 11 DCM-MHD CI-f y —This is a word processing form to be completed in Microsoft Word-" NC Division of Coastal Management Major Permit Application Computer Shoot (11/01/2012, N C Division of Marine Fisheries Wilmington Date of Initial application submittal (EX: 1/19112007): &30/2019 Date application 'received as complete"in the Field office (E)(: 1/&2007): SWO19 Permit Authorization: EICAMA Dredge & Fill ®Both SITE DESCRIPTION/PERMIT INFORMATION PNA: Yes Milli Photos Taken: YesEl No® Setback Required (riparian): ❑Yes No Critical Habitat: C1 Yes ❑No ❑Not Sure 15 foot waiver obtained. Yes NNa Hazard Notification Returned: ❑Yes ®No SAV ElYes ENo OflotSure Shell Bottom: Yes No Not Temporary Impacts: oYes No Sum RE celler Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from Mitigation Required (optional): county LUP: ®Yes ❑No Environmental Assessment Done: []Yes ®No SP Moratorium Conditions: Yes ONo ; +_+ ❑NA []Yes ❑No ®NA SECONDARY WATER CLASSIFICATION— OPTIONAL (choose MAX of 4) '401111) CST t Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) ❑ Swamp Wafers Ts* High Quality Wafers (HQM ❑ Outstanding Resource Waters (ORWJ WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) El (SS) Glasswort ( Salicomis sp.) I wetlands) (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgress (Spartina ❑ (SY) Salt reed grass (Spartina altemiflors) cynosumides) ❑ (DS) Salt or spike grass (Disfichlis ❑ (SC) Bulirush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus (SP) SaWmeadow, grass (Spartina memerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ Ill(A) Private w/D&F up to 1 acre; ❑ Ill(D) Priv. public orcomm w/D&F to 1 3490 can be applied - $250 acre; 3490 can't be applied - $400 I ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major M 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 El Major development extension request - ❑ ll. Public orcommemial/no dredge $100 '.. and/or fill - $400 1. Private no dredge and/or flit - $250 ❑ W(C) Pnvpublic or Comm w!D&F to 1 acre: 3490 can be applied; DCM needs DWQ agreement - $400 -, i:i t69° ii`"? ,a i.k-i - .._t 1a 0 11.1ni_9�ak it ,....rt: NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant N.C. Division of Marine Fisheries Date: M12019 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In your Activities code sheet. TYPE REPLACE Activity Name Number choose C se Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Replace -..— Artificial Reef 1 New Wont 7S0 300 Maint ❑ ❑ Y O N New Wark Replace Maint ❑ ❑ Y ® N New Work Replace - Maint ❑ ❑ Y ® N New Work Replace Maim Cl ®Y ❑ N New Work 19 Replace Maint ❑ ❑ Y ® N New Work Replace --...--- _.._.. Maint ❑ ❑ Y ® N New Work Replace _.. Maim ❑ ❑ Y ® N New Work Replace Maint ❑ ❑ Y [IN New Work 0 Replace Maim ❑ ❑ Y ❑ N New Work Replace maw ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint❑ ❑Y❑N New Work ❑ Replace Maint ❑ ❑ Y ❑ N ECEI New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace DC - HD CIT Maint ❑ ❑ Y ❑ N New Work Replace Main(❑ ❑ Y ❑ N New Work Replace - Maint ❑ ❑ Y ❑ N New Work Replace ----- — Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N Now Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N revised Nov. NC Division of Coastal Mgt. Application Computer Sheet, page a or 3) Applicant: N.C. Division of Marine Fisheries Dater 9M2019 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for Disturbance total includes any anticipated restoration or temp irn acts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration andror temp impact amount TOTAL Feet (Applied for Disturbance tote/ includes any anticipated restoration or tamp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration andlor temp impact amount ......._ SB Dredge ❑ Fdl N Both ❑ Other ❑ 229,126 229,126 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ other ❑ Dredge ❑ Fifi ❑ Both ❑ Other ❑ Dredge ❑ FIR ❑ Both ❑ Other ❑ i Dredge ❑ R11 ❑ 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 ❑ RECEIVED SEP OCM.MHD CITY MAJOR PERMIT FEE MATRIX Applicant: ut DW'sr � o` rk4i/' . Fs) n d A, 1.. l.. . r 0�' 1" n.. n SelectionFdevelopment opment Type Fee DCM % (143001601 4351000931625 6253) DWQ % (243001602 435100095 2341) non-commercial that does not $250 100% ($250) 0% ($0) e filling or excavation of any wetlands water areas: c or commercial ment that does not $400 100%($400) 0%($0) M he filling orion of any wetlandswater 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 a lies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached can be a lied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) ro Water Quality Certification No. 4097 (See attached) can be a lied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ RFf Ei concurrence is needed because of concerns related to water quality or SEP 1 1 life: f General Waterj 40% MHD Certification No. $400 60% ($240) 44097 see attached) cannot led: development thats the filling and/or $475 60% ($285) 4U% ($190) excavation of more than one acre of wetlands and/or o en water areas: EC C' 11 CITY DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: NC Division of Marine Fisheries Distribution Date:9/11/2019 AGENCY ECRO Community Development/LPO Donna Creel DCM Planner Charlan Owens Eliz city US COE: Josh Pelletier — (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Community Assistance Lee Padrick (Beaufort, Carteret, Craven, Eliz City, Pamlico, Washington) Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No longer public Water Supply) Clif Whitfield Curt Weychert WARD/ECRO Marine Fisheries NC DOT David Harris Shannon Jenkins Shellfish Sanitation Sharon Gupton Tim Walton State Property Mike Moser Wanda Hillard DEMLR/DWR: Sheri Montalvo D Shelton Sullivan DEMLR Sediment & Erosion- Samir Dumpor Storm water- Roger Thorpe DWR401- i I Anthony Scarbraugh WRC Maria Dunn (WARO) National Heritage Program Rodney Butler RECEIVED SEP 1 1 2019 , -MHD CITY C:\Users\emgodfrey\Documents\Major Permits\Maj comment Distribution sheet for Dare County -NC WRC.docx Revised : 6/29/2018 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dfrect" September 11, 2019 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax:252-247-3330 (Courier04-16-33) grega.bodnar(a ncdenr gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: NC Division of Marine Fisheries Project Location: 1.6 nautical miles NE of Northwest Point within the Roanoke Sound Proposed Project: Enhance Artificial Reef 197 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greqq Bodnar at the address above by October 2, 2019. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) 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" PRINT NAMI AGENCY SIGNATURE DATE 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. RECEIVED SEP 1 1 Z 019 DCM-MHD CITY ,514- x9er North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Grlfnn Street Suite 3001 Elizabeth City, North Carolina 27909 252.264 3901