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22-19 The Nature Conservancy
Permit Class NEW Permit Number 22-19 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to The Nature Conservancy, 701 Oceans Acres. Dr., Kill Devil Hills, NC 27948 Authorizing development in Dare County at in Pamlico Sound, off HWY 12 within the Pea Island National Wildlife Refuge, as requested in the permittee's application dated 1/8/19 (MP-1), 2/13/19 (MP-2) and 1/9/19 (MP-4), incl. att. workplan drawings (5), Sheets 1-4 of 4 dated 1/31/19 and Sheet 5 dated 2/25/19. This permit, issued on April 15, 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 of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Living Shoreline 1) The living shoreline sections shall not extend waterward more than 10 feet from the edge of Coastal Wetlands at any point along their alignments at the time of construction. 2) No vegetated wetlands shall be excavated or filled, even temporarily. 3) The alignment of the authorized living shoreline sections shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. (See attached sheet 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 Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. " v rv'/�f Braxton C. Davis, Director /Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee The Nature Conservancy Permit No. 22-19 Page 2 of 2 ADDITIONAL CONDITIONS 4) The living shoreline material shall consist of materials as described in the attached permit application, project narrative, and workplans. 5) The fill material shall be clean and free of any pollutants except in trace quantities. 6) The height of the permitted oyster cultch sections shall not exceed three inches above existing substrate level at time of construction. The height of the permitted Reefinaker prefabricated living shoreline section shall not exceed 3 inches above the normal water level. 7) The Reefinaker prefabricated living shoreline section shall be marked at 50 foot intervals with yellow reflectors extending at least three feet above normal water level. 8) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close.proximity to the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat does not result from the construction of the authorized living shoreline sections. The living shoreline sections shall be located in areas with no SAV coverage at the time of construction, to the greatest extent practicable. As indicated on the attached workplans, the living shoreline sections shall be located a minimum of 5 feet from SAV beds at the time of construction. General 9) 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. 10) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2019-00310). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2019-0232 issued 4/15/19. NOTE: Future development of the permittee's property 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. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $400 was received by DCM for this project. to 0 DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New ✓ Major Mod __ Permit# Permit Coordinator: Field Representative: ek Minor Mod Renewal Transfer Date Time Message 225119 5A/HRO !(essi A.S � a: r sv � 'Ij1IIC Qctti�lc� cwr`i;wko�on trawl Acr+ l� 6%vve 4A" 3�18r'i7 a,i �or tev,to 6,2 , (�� Coastal Management ENVIRONMENTAL QUALITY The Nature Conservancy c/o Aaron McCall 701 Oceans Acres Dr. Kill Devil Hills, NC 2794E Dear Mr. McCall: April 22, 2019 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150E with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be Carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, Douglas V. Huggeft Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 DCM Coordinator: &Q _ Permit MAILING DISTRIBUTION SHEET Permittee: %AJ C /*4 . Aa..& �. �e lI 7n 1 DCM Field Offices Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: tYa�4 I:Ovo-i *4 6l(a kaa'Kf (with revised work plan drawings) w �kv; 1�-Os/,SIC 27%8 Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Be#, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (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: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov " Heidi Cox (WIRO) Shane Staples David Harris „ Shannon Jenkins / Sharron Gupton I Tim Walton / Mike Moser Sheri Montalvo Clif Whitfield (WARD) Curt Weychert Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Berrie, 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: Maria Dunn (WARD) „ Natural Heritage Program Rodney Butler LPO: (NCDOT) Travis Wilson Fax Distribution: Pennittee #: Agent# DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: The Nature Conservancy COUNTY: Dare PROJECT NAME: Pea Island Oyster Culteh LOCATION OF PROJECT: NC HWY 12 DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-8-19 FIELD RECOMMENDATION: Attached: No FIELD REPRESENTATIVE: Rountree DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UN APPLICATION ASSIGNED TO: Bodnar qx4o PUBLIC NOTICE REC'D: 2-24-19 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 4-24-19 HOLDS: MAIL OUT DATE: 2-20.19 PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: Yes DISTRICT OFFICE: ELIZABETH CITY FEE REC'D: $400 (no split) # Click ur lap here to enter tent. END OF NOTICE DATE: 3-16-19 DEED REC'D: Yes'14 150 DAY DEADLINE: STATE DUE DATE: 3.13-19 AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM - Field Rep ylu I I 9 C Si W Sic-Jerd1 DCM - LUP Consistency Determination Local Permit Officer Corps of Engineers - Regulatory Branch 19 -0031 o DWR-401 Section y3(2L TS�l9 uf151(9 120( 7_-60l DWR - Public Water Supply ) DEMLR - Stormwater & Sed/Erosion ZrZ�I� 3 SEOK !JW LQ DOA - State Property Office Wildlife Resources Commission DMF - Shellfish Section q/27Ii9 DMF - Habitat & Enhancement Zlig DNCR - Archives & History 3 qj Q DNCR - Natural Heritage Program �'/7 (q 1< NCDOT Rural Development Division Z�ZL (q x .'tt ROY COOPER NORTH CAROLINA covarnor EnvironmenralQuallty MICHAELS.RECAN Secretary BRAXTON C. DAVIS Director February20, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-24713330 (Courier 04-16.33) greng.bodnarAnciienr.00v SUBJECT: CAMA /Dredge & Fill Application Review Applicant: The Nature Conservancy i Project Location: Pea Island„NC HWY 12, Dare County Proposed Project: Construct 12)oyster reef wetland sills and one artificial reef wetland sill in three locations off Pea Island Please indicate below your agency's positton or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by March 13, 2019. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 237) when appropriate, in-depth comments with supporting data is requested. r REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached"* his 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 Le e- pa r r K AGENCY Ca ✓h 01 enz � SIGNATURE r, DATE 1—/!9 DEP RECEIVE® FEB 2 5 2019 MP SECTION 9l 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 252.264.3901 0ilM ROY COOPER MCHAELS.REGAN Socnotar BRAXTON C. DAVIS Dinsclor February 20, 2019 MEMORANDUM: FROM:. Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 262*-247-3330 (Courl&04-1633)` gregq.bgdhar&h6d9br.0LV, SUBJECT: CAMA 10redga & Fill Application Review Applicant, The. Nature Conservancy Project Location: Pea Islandi,NC HVVY 12, Dare County Proposed Project: Construct 12 oyster roof wetland sills and one. artificial roof wetland sill In three locations off Pea Island Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greact Bodnar at the address above lir March 13, 2019. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 237) when appropriate, In-depth comments with.supporring data Is requested. REPLY: h's agency has, no objection to the project as proposed. . ZAdditional 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. f./t I I '. PRINT NAME I (_ W ni r-t-;Vq AGENCY publi EVED SIGNATURE RCEI DATE FEB.- 2 1 2019 RF, P SECTION MHD North Carolina Department of Environmental Quailty I nivislon of coastal management Elizabeth City Oftim I 40lSomhGr1ft1nStreetSWtQ300 I Elizabeth QtyNarthCarolina ZT909 25226439oi ROY COOPER Governor MICHAEL S. REGAN Secretary BRA)CfON C. DAVIS Director February 20, 2019 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) areoa.bodnarCalncdenr.aov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: The Nature Conservancy Project Location: Pea Island, NC HWY 12, Dare County Proposed Project: Construct 12 oyster reef wetland sills and one artificial reef wetland sill in three locations off Pea Island Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grow Bodnar at the address above by March 13, 2019. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 237) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Jeffrey Rheubottom for Shannon Jenkins AGENCY NeWiTAWMIMMantatmon RECEIVED SIGNATURE / t n 0 11fIiP SECTION MH® North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.2643901 Bodnar, Gregg From: Thorpe, Roger Sent: Wednesday, March 06, 2019 8:13 AM To: Bodnar, Gregg Subject: CAMA Major - Nature Conservancy, oyster reef wetland sills, Dare County Gregg The subject project will not require a State stormwater permit. Roger Roger K. Thorpe Environmental Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 252-948-3923 office roger.thorpe@ncdenr.gov Washington Regional Office 943 Washington Square Mall Washington, NC 27889 -!'"Nothing Compares...... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. FROM, Gregg Bodnar; Assistatit Major'Perhrlts,00r,dinator Ndb ' EQ -1 Division of'CoaStai Mahagernent 40O.Corri-merde Ave.,'M6reheidldit'y,,'NC'28567 Fax: 252-247,3330.(Couder 04643)" gregg.boddarPriddipfir.gov, SUBJIECT: CAMA,I'Dr,eqqe,&rFillApp!kop!iqt) i3eyOiv APP11PA . nt: 'The:Nature Conservancy . - l Project Location: Oealsland,,NC HWY 12, Daro Count 'y Proposed Project: Construct 12 oyster ter reef wit.1and:sIlls'and one artificial,reof weti.and siWin thredlocations ,'611f Piaalsland, Please indicate ,bel I ow,your ag%rCy'�s,,popj!tpn or viewpoint on,tha,prpposed project,ard Lolurn•th rtntd,Greo48odna at the address above byWatch 13, If have, an ' y questions regarding ro - it F _r6jebt; Contact Ron Rehaldi (2U'2644R0.1, ext; 237) when appropriate, in-depth qoM- frietrim with supportIng dat a MOS°rpques 0, This agenpy has no comment on The proposed project. This agencytapp - roves Uthb projec I t I only if 1. the recommended changes' are incorporated.,See,aftached. ' I , , I This agency objects to the project for reasons described in the attached comments. PRWTNAME AGENCY _7YE�t'l UZ RECEIVED SIGNATURE DATE _9'e A 0-t/_C7 MAR 1 2019 - MP SECTION MHD North Carolina Department of Environmental Quallty I Division of Coastal Management, ElliabexhCity Offke 1401 South Griffin Str6e_rsoiWoo I EgialbethCity, NoiifiCar.611#)a27909 252.264.3901 ROY COOPER NORTH CAROh1NA.. Governor. bhvhderrterltdiQudlity MICHAEL S. RWAN saretmy BRAXTON C. DAVIS Dhrdor February 20, 2019 MiSMORANDUM.• FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC.28557 Fax 252-247-3330 (Courier04-1.8-33) gregg.bodnarAnctlennoovv SUBJECT: CAMA/Dredge & Flll Application Review Applicant: The Nature Conservancy Project Location: Pea Island,; NC HM 12, Dare County Proposed Project: Construct 12 oyster reef wetland sills and one artificial reef wettand sill in three locations off Pea Island Please Indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by March 13, 2019. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 237) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed, *dditional 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, F PRINTNAME Sh_tti` JA.o2Ie-S AGENCY A/C AOe!N F SIGNATURE -Z�-a �/ 9 r DATE S, FRECEIVED FEB 262019 MP SECTION MH® North OaroMa Department ofEnvlronmenmlQuality I01NaWnofCoaetolMnnagement MlzabethCity0 tce 14015outhcrihlnsueetsulte3o0 l EOzabeth City, North Caroltna279W 252,2643901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director IJil0iIAIs] :L`\kq Dili AI NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management, Morehead City THROUGH: Frank Jennings, District Manager Northeastern District, Division of Coa tal Management FROM: Cynthia Rountree, Field Representativev"t4 DATE: February 26, 2019 SUBJECT: The Nature Conservancy, Pea Island Oyster Cultch Major Recommendations The applicant proposes to construct 12 oyster reef wetland sills and one wetland sill out of reefmaker artificial reef materials in three locations off of Pea Island in the Pamlico Sound near Hwy 12 in Dare County. The development proposal involves the Public Trust Area (PTA), Coastal Wetlands (CW), and Estuarine Waters (EW) Areas of Environmental Concern. I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: (a) General Use Standards (a)(1) Uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and parking lots are examples of uses that are not water dependent. Uses that are water dependent include: utility crossings, wind energy facilities, docks, wharves, boat ramps, dredging, bridges and bridge approaches, RECEIVED MAR 0 4 2019 wr,TM rsruuiw y.raa...rorp DCM-MHD CITY = I nh ki n of Coastal Management Elizabeth City Office 14015outh Q11IM Street,&ne3o0 I Elizabeth City, North Carolina 27909 25222"M01 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 3 February 26, 2019 revetments, bulkheads, culverts, groins, navigational aids, mooring pilings, navigational channels, access channels and drainage ditches; Consistent: The proposed development of wetland sills is consistent with the intent of this rule. (a)(2)(A) The location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC (Rule .0203 of this subchapter) and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas; Consistent: The proposed development of wetland sills is consistent with the intent of this rule. (a)(2)(B) Development shall comply with state and federal water and air quality Consistent: The proposed development of wetland sills shall comply with air and water quality standards. (a)(2)(C) Development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural resources; Consistent: The proposed development of wetland sills will not cause damage to historic resources. (a)(2)(D) Development shall not increase siltation Consistent: The proposed development of wetland sills will not increase siltation. (a)(2)(E) Development shall not create stagnant water bodies Consistent: The proposed development of wetland sills will not create stagnant water bodies because of the gaps proposed at the end of each 100-foot section of sills. (a)(2)(F) Development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources Consistent: The proposed development of wetland sills will be timed to avoid impacts to resources. DECEIVED 0 4 2019 IVI..MHD CITY �• North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 3 February 26, 2019 (a)(2)(G) Development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The proposed development of wetland sills are in less than 1 foot of water and will not impact navigation. (a)(4) Primary nursery areas are those areas in the estuarine and ocean system where initial post larval development of finfish and crustaceans takes place. They are usually located in the uppermost sections of a system where populations are uniformly early juvenile stages. They are designated and described by the N.C. Marine Fisheries Commission (MFC) and by the N.C. Wildlife Resources Commission (WRC) Consistent: The proposed development of wetland sills will not be located in a primary nursery area. (a)(6) Beds of submerged aquatic vegetation (SAV) are those habitats in public trust and estuarine waters vegetated with one or more species of submergent vegetation. These vegetation beds occur in both subtidal and intertidal zones and may occur in isolated patches or cover extensive areas. In either case, the bed is defined by the Marine Fisheries Commission. Any rules relating to SAVs shall not apply to non -development control activities authorized by the Aquatic Weed Control Act of 1991 (G.S.113A-220 et seq.). Consistent: The proposed development of wetland sills will be located to avoid areas of submerged aquatic vegetation. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application, and plans, I recommend a Major Permit be issued to The Nature Conservancy with standard permit conditions. RECEIVED MAR 04 2019 DCM-MHD Ciry February. 20,2019 MEMORANDUM: FROM: SUBJECT: Apipficanti P-ialect Location: .1 The Pea red�e.-& Fill Application Review 2„Dare County Proposed Project: ^Construct 12 oyster reef wetland sills and one artificial ree.0wetlan&sill in three localloins W.Oea Island Please indicate below yqqragenc.ys popi!ipq prviewppinton the. proposed project and return this form to GreacrBodnar af.the address above by March 13,.-2019. If you have:any questions regaroing:the proposqq project, contact Ron Renaldi.(252-264-3901, ext. 237) when depth appropriate; irtm ppropriat comments with supporting data is:requested. This agency has no objection to the project as proposed. ,"Additional Comments may be attached"" V/ This agency has no,cornment ondhe proposed project. This agency,a pproves of the prqjbctonlyff the. recommended. changes are. Incorporated. See attached. This agency objects ects to tfie.project;for reasons described in'the-attaf6hed comments; PRINT NAME Me AGENCY SIGNATURE DATE MAR 2 6 2019 Afin MHD North darol[na Depariment of Envlronmental (Itiality I,DIVLilon of Coastal - Management Ellzaheth.CltyOffla I 40jSwthdr1ffinStreeNStdte36Q I.EtizabethC*IN6nhCalrolina279!09, 257.2643901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director February 20, 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 (Courier04-16-33) cLrego. bod narlo)ncdenr.aov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: The Nature Conservancy Project Location: Pea Island, NC HWY 12, Dare County Proposed Project: Construct 12 oyster reef wetland sills and one artificial reef wetland sill in three locations off Pea Island 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 March 13, 2019. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 237) when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" win require written authorization from DWR. 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 -.--` RECEIVED SIGNATURE �BG Sco�6 DATE 03/05/19 MAR 5 2019 :! D_EQ� MP SECTION MILD nyb 9x ldwdwry North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252,264,3901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director February 20, 2019 MEMORANDUM. NORTH CAROLINA Environmental Quality RECEIVED MAR 7 2019 VIP SECTION MHD FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg. bodnar(citncdenr.gov SUBJECT CAMA/Dredge & Fill Application Review Applicant: The Nature Conservancy Project Location: Pea Island, NC HWY 12, Dare County Proposed Project: Construct 12 oyster reef wetland sills and one artificial reef wetland sill in three locations off Pea Island 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 March 13, 2019. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 237) when appropriate, in-depth comments with supporting data is requested. REPLY: XXX This agency has no objection to the project as proposed. "'Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Rodnev Butler AGENCY NC;NHF' SIGNATURE RODNEY BUTLER DATE 3/7/2019 North Carolina Department of Environmental Quality I Division or Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264,3901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director February 20, 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) gre_gg.bodnarL ncdenr.gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: The Nature Conservancy Project Location: Pea Island, NC HWY 12, Dare County Proposed Project: Construct 12 oyster reef wetland silts and one artificial reef wetland sill in three locations off Pea Island Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greats Bodnar at the address above by March 13, 2019. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 237) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINTNAME G:+arl s, Oure.as AGENCY Nn — -D viri q I IMeAy.�¢N,o, SIGNATU DATE 3-11 —201 q DC Qr �� RECEIVED -G �s MAR 18 2019 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 252.264.3901 D CM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director kJT*T1P7C7IL1Bill A NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Ma' r Permits Processing Coordinator Division of Co anagement FROM: Charlan Owen , AICP, NE District Planner Division of Coastal Management SUBJECT: Major Permit Request by The Nature Conservancy to install twelve (12) 10 foot wide by 100 foot long loose oyster shell reef sills and one (1) 10 foot wide by 100 foot long artificial reef sill consisting of 1.5 feet of reef maker artificial reef system and 8.5 feet of loose oyster shell in the Pamlico Sound, south of Oregon Inlet at the Pea Island National Wildlife Refuge, in Dare County. DATE: March 11, 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 three (3) project areas are in the Pamlico Sound adjacent to shallow marsh, approximately 3, 7.4 and 9.7 miles south of Oregon Inlet at the Pea Island National Wildlife Refuge. Water depths at the project areas are .8 feet. Submerged Aquatic Vegetation are in these areas. Installation of twelve (12) 10 foot wide by 100 foot long loose oyster shell reef sills and one (1) 10 foot wide by 100 foot long artificial reef sill consisting of 1.5 feet of reef maker artificial reef system and 8.5 feet of loose oyster shell are proposed. The waters of the Pamlico Sound in this area are designated as Class SC waters and High Quality Waters and are open to shellfish taking. A review of historic and/or archaeological resources was not provided. Anticipated Impacts resulting from this project are expected to include: the filling of .3 acre of Public Trust Area/Estuarine Waters Area of Environmental Concern (AEC). No wetland impacts are indicated. RECEIVED MAR 19 2019 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 300 I Elizabeth City, North Carolina 27909 DCM-M H D CITY 252.264.3901 North Carolina Department of Environmental Quality MEMORANDUM- - - Division of Coastal Management Page 2 of 3 Basis for Determination: The project site is in the Pamlico Sound. As indicated on Page 217, the "Conservation" designation applies to all CAMA Areas of Environmental Concern (AECs). 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." Policy PA#8, Page 146. "Dare County supports the maintenance of wildlife preservation areas and refuges..." Land Use Compatibility: Archaeological/Historic Resources 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." Natural Hazards: Estuarine Systems Policy NH#2, Page 180. "Estuarine shoreline development should continue to be managed to protect and preserve the natural resources of the estuarine waters and the estuarine RECEIVED MAR 18 2019 DCM-MHD CITY North Carolina Department of Environmental Quality Division of Coastal Management shoreline. The appropriate tools for this are the existing CAMA permit program and the Areas of Environmental Concerns (AECs) designated under the CAMA program..." 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..." Policy NH#3, Page 180. "...Offshore breakwaters, slopes, rip -rap and voluntary setbacks are appropriate alternatives for property owners for addressing estuarine shoreline management in lieu of estuarine bulkheads where these other techniques may be equally effective in abating a shoreline erosion problem." Water Quality: Policy WQ #10, Page 192. "...Offshore breakwaters, slopes, rip -rap, and voluntary setbacks are appropriate alternatives for property owners for addressing estuarine shoreline management in lieu of estuarine bulkhead where these other techniques may be equally effective in abating a shoreline erosion problem." 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. Dare County supports measures to protect and preserve designated primary nursery areas by the Division of Marine Fisheries..." MEMORANDUM Page 3 of 3 RECEIVED MAR 18 2019 DCM-MHD CITY ROY.000PER covrmor, ... MICHAEL S: REGAN seadory BRAXTON O: DAVIS o1mcfar ,February 20, 2019 MEmbRANDUM: 'NORTH CAROLINA Envimnmehral Qaallty Received:. '02/21/2019 State Hi'storic'Preservatiori Office FROM: Gregg Bodnar, Assistant Major -Permits Coordinator NCPEQ - Division.of.Coastal Management. 400 Commerce Ave., Morehead City,, NC 28557 Fax: '252247=3336 (Courier64-16.33)' oreog. bodnarAricdenr.00y SUBJECT: CAMA/Dredge4FrllApplication Review Applicant: The Nature Conservancy Eft 19-0.852 Due =- 318119 Proje.ctL6catl6n: Peadstand, NC114WY 12, Dare.County Proposed'Projectt Cohstruct12 oyster reef wetland sills and one artificial reef wetland.sill.in three:locationsioff Pea Island Please indicate below your agency's,positipn.or viewpoint,on'the proposed,project and idturiithis foitr7:fo:Greoo SodnarattIhe address above. by March 13,'20f9. If you have any questions regarding the,proposed project, contact'Ron Re_ naldi (252-264-3901, ext. 237) 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 commenton'the proposed',projeet. This agency approves.of the projecYonly if the recommended'changes,, are incorporated: See attached! _ This agency objects to the project for reasons described 'in the,attached comments. PRINT NAME 'Renee Gledhill -Earley AGENCY :S ate Historic Preservation Office RECEIVED SIGNATURE 64 F MAR 1 8 2019 DATE MP SECTION MH® North Carolina Departmem of Environmental Quality I Division of Coastal Mamptnent FEB 2D19 Elkiheth City Office 1 40l Solth GrlfflnSlr"!.Sulte300.I Umbeth City. North Carolina 27909 1 252.2643901 - Bodnar, Gregg From: Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.army.mil> Sent: Tuesday, March 26, 2019 3:00 PM To: Bodnar, Gregg Subject: [External] The Nature Conservancy (UNCLASSIFIED) CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> CLASSIFICATION: UNCLASSIFIED Gregg, The Nature Conservancy and the US Fish and Wildlife Service authorized to construct 13 10-foot wide by 100-foot long sills (12 oyster and 1 reefmaker) along shoreline located on Pea Island National Wildlife Refuge, off Highway 12, Dare County, North Carolina under SAW-2019-00310 with the standard terms and conditions. Should you have any questions, please let me know! Josh Pelletier Project Manager US Army Corps of Engineers Washington Regulatory Field Office 2407 W. 5th Street Washington, North Carolina 27889 Phone: (910) 251-4605 Email: josh.r.pelletier@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://corpsmapu.usace.army.mil/cm_apex/Rp=136:4:0 Thank you for taking the time to visit this site and complete the survey. CLASSIFICATION: UNCLASSIFIED ROY COOPER cavmnar MICHAEL S. REGAN Secretary LINDA CULPEPPER Dhenmr The Nature Conservancy Attn: Mr. Aaron J. McCall 701 Ocean Acres Drive Kill Devil Hills, NC 27948 p NOT A CAMA PERMIT NORTH CAROLINA Environmental Quality April 15, 2019 DWR q 19-0232 DARE County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Pea Island Twelve Oyster Reef Wetland Sills and One Artificial Reefmaker Wetland Sill Dear Mr. McCall: You have our approval for the impacts listed below for the purpose described in your application dated February 20, 2019 and received by the Division of Water Resources (Division) on February 20, 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 CAMA 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 Coastal Management 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 028.0506(b)(c)]] Type of Impact Open Waters OW-1 through OW-12 (12 Oyster Sill ) Amount Amount Approved Plan location/ Approved (units) (units) Reference Permanent Temporary Attached 0.30 (acres) OW-13 (Reef Maker Sill) 1 0.00 0 (acres) Sheets 2 of 4, 3 of 4of4,5 RECEIVED APR 2 2 2019 NMthCangina Departmenlof Fivirmmmtal Qcalily Divninnof Wawr Resourrn Washinyt:xt Regional Office933Washingtm Square Nall: Washington, Notth(:4rouna17"14 252g4hh4$l MP SECTION MHD THE NATURE CONSERVANCY r DW R# 19-0232 401 APPROVAL Page 2 of 3 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 3. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certifications) 4175. [15A NCAC 02B .0507(c)] Continuing Compliance 4. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0221] Other Conditions 5. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http:/Iwww.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3D00 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, Fed Ex, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 RECEIVED APR 2 2 2019 . MP SECTION MXD THE NATURE CONSERVANCY D W R# 19-0232 401APPROVAL Page 3 of 3 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Rules. Please contact Anthony Scarbraugh at 252-948-3924 or anthony.scarbraugh@ncdenr.gov if you have any questions or concerns. Sincerely, WI M Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 Certification of Completion cc: Josh Pelletier, USACE Washington Regulatory Field Office (via email) Gregg Bodnar, DCM Morehead City (via email) Cynthia Rountree, DCM Elizabeth City (via email) Samir Dumpor, DEMLR WaRO Laserfiche Brian Rubino, Quible & Associates, P.C. (via email) Mike Bryant, Pea Island NWR (via email) APR 2 2 2019 FOP SECTICON MHD r ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director DWR Project No.: _ Applicant: Project Name: Date of Issuance of Wetland NORTH CAROLINA Environmental Quality County: Upon completion of all work approved within the 401 Water Quality Certification and/or Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and/or Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and /or Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and/or Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. APR 2 2 2019 North Carolina Department of Environmental Quality : Division of water Resources Washington Regional Office 1943 washington Square Mpayill II Washington, 9 Nei th Carolina 2768 2i2.946.6.f81 AV@1 vy ECTIO ii Yyf9HD Tn I APPROVED North Carolina Environmental Management Commission Dtvislon LTP Water Rescvrces Date 04/15 2D 19 per# 19-0232 PROJECT COPYRIGHT U 2019 SF=T 4 OF 4 - SIR 7A NO Ll9enae/: C-OZOB P10057 DUIBLE x ASSOCIATES, P.C. THIS DOCUMENT IS THE PROPERTY OF Q uible SINCE 1959 pnqNm DUIBLE h ASSOCIATES, P.C. ANY ALTERATION OF THIS DOCUMENT 6 DRAWN BY PROHIBITED. Associates P.C. JTAIIOTH IF THIS DOCUMENT IS NOT SIGNED AND 7M NAI URB CONSERVANCY OL f SEALED BY A LICENSED PROFESSIONAL THEN THIS DOCUMENT SHALL BE ENGINEERING-* * CONSULTING . PUNNING ENVIRONMENTAL SCIENCES a SURVEYING** CHECKED BY KINNAKEET TOWNSHIP DARE COUNTY CONSIDERED PRELIMINARY, NOT A NORTH CAROLINA ^ENG./SUR. NOT OFFERED AT TtGx Yro. OFFICE-- 60R CERTIFIED DOCUMENT AND SHALL NOT BE USED FOR CONSTRUCTION, 8466 Comlake Hv7, Powell. Paint, NO 27966 Phone: (252) 491-8147 Fox: (252) e91-8I*6 0 200 400 DATE RECORDATION, SALES OR LAND 90 Church St., Stc B. Bieck Mounloln, NC 2871 I 01/31/19 OTHERWISE CONVEYA.NLES•NO Phone: (02oEmn b1m1e8oqu'h1w.e5om 891-81 A61 ED. GRAPHIC SCALE IN FEET 1"-200� NOTE: THIS DOCUMENT IS PRELIMINARY - NOT FOR CONSTRUCTION, RECORDATION, SALES OR CONVEYANCES - THIS DOCUMENT IS FOR o H y ? N DISCUSSION PURPOSES ONLYI EXISTING INFORMATION SHOWN ON THIS m w o = a DOCUMENT IS BASED ON BEST AVAILABLE DATA AND IS NOT A CERTIFIED SURVEY. APPROVED ALL INFORMATION SHOWN ON THIS DOCUMENT IS SUBJECT TO ANY REQUIREMENTS BY ANY REGULATORY AGENCY, ENTITY OR AUTHORITY. North Crs roikm Environmental N z @A3n3437pantCommfssion QUIBLE & ASSOCIATES, P.C. DOES NOT GUARANTEE THE ACCURACY OR THE - OIVISPDROf VV&f@i RBSOUtCBS < ° COMPLETENESS OF ANY INFORMATION IN THIS DOCUMENT AND IS NOT RESPONSIBLE 19 �\ z o n m v FOR ANY ERROR OR OMISSION OR ANY LOSSES OR DAMAGES RESULTING FROM THE 04/1 V/ •�'I p!� w a v USE OF THIS INFORMATION. Bag 20� O '() V I PaTat# 19-0232 •rI y ego"""o K �y (Ja? DUO YU Wra��aVd PROPOSED ' ATLANTIC REEFMAKER 0' SYSTEM ON 3" PROPOSED SPARTINAFA FIBERGLASS OYSTER ALTERNIFLORA \t ' q o < �I SAV BED PILE 3 INCHES `� P�. x z ti HIGH A m JUNCUS V a p I ROEMARIANUS o / a x \\r % %SDBS\\T/E t Y CROSS SECTION - PISLNDOR5 OYSTER SHELL & ATLANTIC REEFMAKER ECOSYSTEM "c , < _c 100 IF BY 10 FT BY 3 IN 01 -n.u:; O' / N 1- .J ft •-. EIVED APR 2 2 2019 oQ wq L, t PRELIMNARY MP SECTION IV HD L FOR CAiM A m, PERMITTING m g ONLY u DCM MP-1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) The Nature Conservancy Pea Island Oyster Cultch Receive Applicant is First Name MI Last Name Aaron J McCall F9 420i9 Applicant 2: First Name MI Last Name {'��y /`� National Park Service and U.S. Fish and D IVI"EC Wildlife Service If additional applicants, please attach an additional pages) with names listed. _ -------- Mailing Address —.------- PO Box City - e rNC 701 Ocean Acres Qr. J-- .Kill Devil Hills ZIP Country Phone No. FAX No. 27948 - ext. ----- - -._._...._ ----- Street Address (if different from above) ---- ....................—' City State ZIP Email ajmccall@tne.org 2. Agent/Contractor Information Business Name Quible & Associates P.C. Agent/ Contractor 1: First Name MI Last Name Brian D Rubino Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City Stale 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 - 261 -3300 ext. ext. FAX No. Contractor ft Street Address (it different from above) City State ZIP 8466 Caratoke Highway Suite 400 Powells Point NC 27966 - Email brubino@quible.com <Form continues on back> 252.808-2808 .. 1.668.4RCOA5T .. wrr vi.hc coastnlmanagement.net 'Form DCM MP-1 (Page 3 of 5) Major Development Permit 3 Protect Location County (can be multiple) Street Address State Rd, 4 Dare NC Hwy 12 Subdivision Name City State zip n/a NC Phone No. Lot No.(s) (if many, attach additional page with list) - ext. , a. In which NC river basin is the project located? b.Name of body of water nearest to proposed project Pasquotank Pamlico Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Pamlico Sound ' e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. Dare County 4. Site Description a. Total length of shoreline on the tract (It.) b. Size of entire tract (sq.ft.) +(-21 miles 5,834,Acres c. Size of individual lot($) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal wafer level) n/a, (11 many lot sizes, please attach additional page with a list) 1 ft ®NHW or ❑NWL e. Vegetation on tract 1, Upland portions of the tract are dominated by Wax Myrtles, Red Cedars, Groundsel bush, Sall hay and American beach grass. Wetlands consists of Black Neddle Rush, Smooth Cordgrass, and Phragmiles spp. I. Man-made features and.uses now on tract USFWS Pea Island Naiinal Wildlife Refuge -related features including: parking, waterfowl management impoundments, trails, viewing areas. g. Identify and describe the existing land uses adiacent to the proposed project site. Residential home sites (to the south), NC 12 and undeveloped lands (estuarine and ocean environments) h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? No zoning (Attach zoning compliance certificate, if applicable) []Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ]No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it Involve a Elves ®No ❑NA National Register listed or eligible property? <Forrn continues on next page> Received FEB 4 - 2019 252.808.280E .. 1.888-41FICOAST .. vrww.nc co astniman a game', t,nr®t CM -EC Form DCM MP-1 (Page 4 of 5) APPLIGA I ION for Major Development Permit m. (I) Are there wetlands on the site? ®Yes ONO (ii) Are there coastal wetlands on the site? ®Yes ONO (III) If yes to either (i) or (if) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, it available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. N/A p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? (-]Commercial ®Public/Government ®PrivatetCommunity b.. Give a brief description of purpose, use, and daily operations of the project when complete. The subject property is the Pea Island National Wildlife Refuge managed by the US Fish & Wildlife Service and National Parks Service. All land is under conservation. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. TNC emplyees and volunteers will use a skiff along with buckets; shovels and other containers to transport shell to the proposed sites. Shell will be distributed by hand. The Atlantic Reefmaker posts (Site N5) will be driven with a slide hammer and discs will be similarly transported via skiff, d. List all development activities you propose, Creation of.13 oyster shelUcultch Sites to enhance and restore oyster habitat. Additionally, at Site H5, TNC proposes to install up to 100 it of the small diameter (1.5 it) Atlantic Reefmaker habitat enhancement system along the waterward edge -of this Site only. e. Are the proposed activities maintenance of an existing project, new work, or both? New I, What is the approximate total disturbed land arearesultingfrom the. proposed project? N/A .❑Sq.Ft or ❑Acres g, Will the proposed project encroach on any public easement, public accesswayorother area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None I. Will wastewater or stormwater be discharged Into a wetland? ❑Yes ONO ®NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ONO ®NA j. Is there any mitigation proposed? ❑Yes ONO ®NA If yes, attach a mitigation proposal. ec el <Form continues on back> F-EB 4 - Z019 2.52.808.2808 .. 1.888.4RC6AST .. www.ncenustaimanagement.net Form DCM MP-1 (Page b 01 b) Major Development Permit 6 Additionallnformatron ; In addif/on to this completed application form (MP 1) the following items below, if applicable, must be submitted In order for the application package to be complete' :•Items (a) (1) are always applicable to any major development application. Please corisult the appllcation lnstructfon t ook/et on'how to pnopeily prepare the required items belpw. " a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps; plats, drawings to distinguish between work completed and proposed. e..A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats bycertified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name James P Mey4i Phone No. Address 162 Glasgow Trail Black Mountain, NC28711 Name NC DOT C/O Randy Midget Phone No. Address1929 North Road St. Elizabeth City, NC 27909 Name Phone No. Address g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, permittee, and issuing dales. h. Signed consultant or agent authorization form, if applicable. I. Weiland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only ih The project will be subject to the conditions and restrictions contained in the permit. the I certify, that I am authorized to grant, and do in fact grant permission to representatives of slate and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date I I I jzo l S Print Name Sn.r (Z'^6010 G)c,6L( Signature - Please indicate application attachments pertaining to your proposed project. Received ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development FEB 4 - 2919 ❑DCM MP-4 Structures Information DM rr/�EC++ D I 252-808.2808 :: 1.888.413COAST :: vnv vr.nccoastaimannyernen Lnet form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) FEB 0 A 2019 D M-EC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access IOther Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length 100 If 13 Sites @ 100 If 12 Sites Width 1.5 it 10 ft,1 site 8.5 it Avg. Existing aNA NA 0.8 it Depth Final Project "NA NA 0.5 ft Depth 1. EXCAVATION ®This secticn not applicable a. Amount of material to be excavated from below NHW or NWL In b. Type of material to be excavated. c. (I) Does the area to be excavated Include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. ❑CW ❑SAV ❑SS , OWL ❑None _ (it) Describe the purpose of the excavation in these areas: a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA (li) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area Include any coastal weflands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are. checked, provide the number of square feet affected. ❑6W ❑SAV" ❑SB _ OWL ❑None (it) Describe the purpose of disposal in these areas: d. High -ground excavation In cubic yards. d. (I) Will a disposal area be available for future maintenance? ❑Yes ONo ❑NA (il) If yes, where? I. (i) Does the disposal include any area In the water? ❑Yes ❑No -ONA (ip If yes, how much water area is affected? 252.800-2808 :: 1.868-411COAS7 www nccoastplm.canapoment,net revised: 12126106 Form DCM MP-2 (Excavation and pill, Page 2 of 2) 9 `SHORELINE STAHiLiZATION j ❑ tuts secrro�t nor epprrca6re_ (ll developmertf is s wood use MP 4 :Structures),= s «rl i gram r. Type of shoreline stabilization: b. Length: 100 it []Bulkhead ❑Riprap ®Breakwater/Sill ❑Other: _ Width: ;1.5 it c. Average distance waterward of NHW or NWL: 10 ft d. Maximum distance waterward of NHW or NWL: 10 ft e. Type of stabilization material: I. (I) Has there been shoreline erosion during preceding 12 Atlantic ReafmakertD 1.5 it dia. octagonal ecosystem unit discs months? ❑Yes ®No []NA (11) If yes, state amount of erosion and source of erosion amount Information. g.. Number of square feet of fill to beplaced below water level. h. Type of fill material. Bulkhead backgll _ Riprap _ preformed concrete discs Breakwater/Sill150 SF Other_ 1. Source of fill material. ' Atlantic Reefmaker 4. OTHER FILVACTIViTIES ❑this section not appbcatile;. (Excluding Shore/me;Stabrfizetrorr) � a , - F a. (1) Will fill material be brought to the site? ®Yes ❑No ❑NA b. (1) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB),.or (it) Amount of malarial to be placed In the water mount be la other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. Area: SF. Volume: � - , ❑CW ❑SAV ❑SB (111) Di12 mensions of fill area 12 Sites @ 100' x to, x 0.25'. 1 OWL ®None Site @100'x8.5'x025' (iv) Purpose of fill (11) Describe the purpose of the QII in these areas: To create oyster habitat N/A 5.:GENERAL _ . a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? no fill on land Hand tools, skiff c. (I) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed In transporting equipment to project ❑Yes ®No ❑NA site? MYes []No []NA (II) If yes, explain what type and how they will be Implemented. (11) If yes, explain steps that will be taken to avoid or minimize environmentalImpacts. There are ex stlng foot paths that will be followed 2�13�2otg "prL 6 v,'�tra� r�Li all II I, = Date Ap'plicantName TArLI'I��NWR Dy Seer H4NIA''TF.1,%iGns,4rnynC ApplicantSigneture << ' Project Name �.. 252-808.2806 d •088•dR3rOAST :: vvvvw rnccoastalmanagoment n©3 revised.- 12126/06 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) FEB 4 - 7011 Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (1) is the docking facility/marina: ❑Commercial ❑Public/Government ❑Private/Community ®This section not applicable b. (I) Will the facility be open to the general public? []Yes ❑No c. (i) Dock(s)and/or piers) d. (i) Are Finger Piers Included? ❑Yes ❑Ne ((I) Number If yes: (iii) Length (it) Number (iv) Width (III) Length (v) Floating []Yes ❑No (iv) Width (v) Floating []Yes []No e. (i) Are Platforms included? []Yes ❑No I. (i) Are Boallifts included? []Yes ❑No If yes: I I yes: (it) Number (ii) Number (iii) Length (iii) Length _ (iv) Width IN) Width _ (v) Floating ❑Yes ❑No ' Note: Rooted areas are calculated from dripline dimensions. g. (I) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, Including travel lift and/or rail, repair or _ (if) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage (-wet slips") only, number of slips: _ ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. 'Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ❑Open water; no dredging required []Other; please describe: k: Typical boat length: in. (!)Will the facility have tie pilings? ❑Yes ❑No (it) If yes number of tie. pilings? j. Describe the typical boats to be served (e.g., open runabout; charter boats, sail boats, mixed types). I. (i) Will the facility be open to the general public? []Yes ❑No 252.808.2808 :: 1.888-4RCOAST :: vrwyv.nccpast�lmanagement,net revised: 12i27i06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FAC' VTY/MARlNA OPERATIONS ®This sechon_not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: f�.« u., sa it �A ❑ Showers ❑ Boatholding tank pumpout; Give type and location: 0 C- 2010 b. Describe treatment type and disposal location for all sanitary wastewater. DMEC c. Describe the disposal, of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of "No Sewage Discharge" signs. proposed. (III Give the location and number of "Pumpout Available" signs proposed. I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. i g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. _ I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. J. What will be the marina policy on overnight and live4aboanl dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. is the madnaldockingfacility proposed within a primary or secondary nursery area? []Yes []No 252-800.2808 :: 1.0384RCOAST :: wyv+r�.ncpoastnlrtianagement.net revised: �12i27;06 Fbrm.DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed withinor.adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the madnaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB Received OWL ❑None FEB 4- 2019 p. Is the proposed madna/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leassholder(s), and give the proximity to the lease. DMEC 3. BOA THOUSE ,(including covered lilts) ®This section not applicable a. (1) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community, (ii) Number (iii) Length _ IN) Width Note: Roofed areas are calculated from dripfine dimensions. 14. GROIN (e.g., wood, sheetpile, etc. (%a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (1) Number (11) Length _ (iii) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) ❑This section not applicable I a. Length (11 100 LF (1.5 ft diameter Atlantic Reefineker System) c. Maximum distance beyond NHW, NWL or wetlands 10If b. Average distance from NHW, NWL, or wetlands 10 ft 6. MOORING PILINGS and BUOYS ®This section not applicable a: I s. th e. st ructu re (s ): ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline Note: Thisshould be measured from marsh edge, it present. e. Arc of the swing _ 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 252-808.280E :: 1.888-ARCOAST :; yy�,v�ri.nccoast t_Imanagonignt.ne-t .revised: 12 2V06 " Fhrm DGM.MP-4' (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 4.4 miles to Mire Beach Subdivision in Rodanthe Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body Approx. 12<miles e. (i) Will navigational aids be required as a result of the project? Dyes ®No LINA (if) If yes, explain what type and how they will be. Implemented. b. Proximity of structure(s) to adjacent docking facilities. No adjacent docking facilities. d. Water depth at waterward end of structure at NLW or NW L 0.8 f t 8. OTHER ®This.section not applicable a. Give complete description: I �9I 2D 1 � Received Date FEB 4 - 2019 -rdQ .1.PINw� Dysi�r W<t7$<nt rnhcY.cam�✓tT 1r� Project Name D "'[/�, M-EC �t,nle!'vcr�H,/j Ai{r\� QQrer, it/<<�al Ap'_�titNanyQ /1� &iGi!\?`t6mot Udn16\-<vAli'aC ' ApplicantSlgnature 252•a0D•2an8 :: 1.888.4RCOAST :: wvrv_t.nccoastalmapagement,rret revised: 12 27106 r r------ _...... io�r io�� Frj , V. 6' i f �T tF1J4: y • ka �� + �^ 1r, PROJECT COPYRIGHT © 2019 g,HggT 4 OF 4 - $lTB 7A n1 ucenae,:-um .SINCE.... P18057 OUIBLE 8' ASSOCIATES, P.C. THIS DOCUMENT IS THE PROPERTY Of 1959 uible OUIBLE @ ASSOCIATES. P.C. ANY 1<f*7►77fTD ALTERATION OF THIS DOCUMENT IS PIN" DRAWN BY JTM/0TH PROHIBREO. G�F AND TIM NATURE MMVANCY p� Associates, P.C. ITHIS DOCUMENT IS NOT SIGNED SEALED BY A LICENSED PROFESSIONAL THEN THIS DOCUMENT SHALL BE KINNAKEET TOWNSHIP DARE COUNTY ENGINEERING" a CONSULTING • PLANNING ENVIRONMENTAL SCIENCES a SURVEYING -- CHECKED BY CONSIDERED PRELIMINARY, NOT A NORTH CAROLINA AG "ENG./SUR. NOT OFFERED AT BLR MTN. OFFICE - GDR CERTIFIED DOCUMENT AND SHALL NOT BE USED FOR CONSTRUCTION, 0 200 400 RECORDATION, SALES OR LAND 8466 Carolok. Hwy, P... IN, Point, NC 27966 Phone: (252) 491-8147 ram: (252) 491-81/fi 90 Church St.. St.. 8, Block Mountain. NC 28711 DATE CONVEYANCES. OTHERWISE 795-03911 (252) Phone (828) 795-0598 (.com /91-81/6 01/31/Ig NOTE0UNLESS GRAPHIC SCALE IN FEET 1"�200- is a) qu.: J:JJ YM PROJECT P18057 DRAWN BY JTM/0TH CHECKED BY BDR DATE m 0p� m m v :f J 1O O 'rl m COPYRIGHT QC 2019 QUIBLE & ASSOCIATES, P.C. THIS DOCUMENT IS THE PROPERTY OF QUIBLE & ASSOCIATES, P.C. ANY ALTERATION OF THIS DOCUMENT IS PROHIBITED. IF THIS DOCUMENT IS NOT SIGNED AND SEALED BY A LICENSED PROFESSIONAL THEN THIS DOCUMENT SHALL BE CONSIDERED PRELIMINARY, NOT A CERTIFIED DOCUMENT AND SHALL NOT BE USED FOR CONSTRUCTION, RECORDATION, SALES OR LAND CONVEYANCES, UNLESS OTHERWISE NOTED. fn D L v .x UTin NDO rZ DZO rR01,, r7. mom f*I(A x�Z1n0 Y:I:I1 ' 1- .I.1-0.i j . 1., w I , t. 0 . . KEET TOWNSHIP DARE COUNTY NORTH CAROLINA 0 NTS NTS GRAPHIC SCALE IN FEET 1"- NTS C+,OO m>o Oz,Z wooermmx- `r-8-mo oaf igicom ti mk AAz VI J. v= NOINi,N O�fnO C) Cy Z ZA O s0m Z O p 02 8 z N O AA y MOMCIq x >m �XUUO � L K y s 3E ow_„ mzzw rl zOmA 0Ull y 2Ap KZy 0A- AO(/1 yV1�K o� K2� p00I-1w <r O-I> I. ;oDZ Imi1N> ZZ z"iO nin D A 0-0 A$rm, ANZT NK O; �coA 1 y1 m- Z =yn rU>=o rocA 0,000 mom z<<AZcco 990 m_ it z A mo rnZ Omz ZV) Co -i-1 00 ;CN VIO ;z m 00 mz ble SINCE 1959 & Associates, P.C. ENGINEERINGY4 • CONSULTING a PLANNING ENVIRONMENTAL SCIENCES a SURVEYING" "ENG./SUR. NOT OFFERED AT SLACK MTN. OFFICE•• 8466 Carafoke N.Y. Powelle Point, INC 27966 Phone: (252) 491-8147 Fax: (252) 491-8146 0 Church S1., Ste. B, Black Mountain, NC 28711 Phone: (828) 793-0398 Fax: (252) 491-8146 adminiefraforOgaibla. com Vik Bodnar, Gregg From: Brian Rubino <brubino@quible.com> Sent: Wednesday, March 27, 2019 2:12 PM To: Bodnar, Gregg Subject: RE: [External] RE: The Nature Conservancy Major Permit application a Externa[ email. Do not click links orropen attachments unless you verify. Send all suspicious email as an attachment to miancgnv Gregg, The Reefmaker trays would be 0.25' above NWL. Thanks for the update. Let me know if you have any additional questions. Thanks, Brian Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 Powells Point, NC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 www.guible.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Wednesday, March 27, 2019 9:40 AM To: Brian Rubino <brubino@quible.com> Subject: RE: [External] RE: The Nature Conservancy Major Permit application Morning Brian, Bodnar, Gregg From: Godfrey, Ella M Sent: Monday, February 25, 2019 10:35 AM To: Donna Creef; Owens, Charlan; raleigh.w.bland@usace.army.mil; Josh. R.Pelletier@usace.army.mi1; Padrick, Lee; Southerly, Chris; Whitfield, Clif; Staples, Shane; Gupton, Sharon; Walton, Tim; Moser, Mike; Montalvo, Sheri A; Thorpe, Roger; Scarbraugh, Anthony; Dunn, Maria T.; Butler, Rodney A; DCR - Environmental -Review Cc: Bodnar, Gregg Subject: CAMA Application for The Nature Conservancy - Water Classification Good morning, The water classification for The Nature Conservancy major permit sent February 20, 2019 is changed from SC to SA. Ella M. Godfrey Office Assistant IV Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 231 252-331-2951 (fax) ella.aodfrevla ncdenr.aov 401 S. Griffin St., Ste 300 Elizabeth City, INC 27909 fcm 'Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. https://deg.nc.gov/about/divisions/coastal-management/ RECEIVED FEB 2 5 P019 WiP SECTION MHD DIVISION OF COASTAL. MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: The Nature Conservancy 2. LOCATION OF PROJECT SITE: Pea Island off Hwy 12, Pamlico Sound, Dare County Photo Index — 2006:175-7912 (K-4,5&8;L-4;J-5;H-5;G-4); 175-7908 (T-10;R&S-12;P- 12); 175-7906 (J-7,8&10) Latitude: X:'35°44'9,05"N; 35040'14.66"N 35038'26.71"N Longitude: 75030'43.33"W; 75028'57.68"W; 75028'55.87"W 3. INVESTIGATION TYPE: CAMA & Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 8/7/2018 Was Applicant Present - yes 5. PROCESSING PROCEDURE: Application Received Complete — February 8, 2019 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — None Land Classification from LUP - None (B) AEC(s) Involved: Estuarine Waters, Public Trust Area, and Coastal Wetlands (C) Water Dependent: yes (D) Intended Use: Public/Private (E) Wastewater Treatment: Existing - None Planned -None (F) Type of Structures: Existing - None Planned - Reefmaker and oyster shell wetland sills (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A). Vegetated Wetlands (B) Non -Vegetated Wetlands (C) Shallow Bottom Oyster- r- 12,850 sqft tReefmaker- 150 sqft D) Total Area Disturbed: 13,000 sqft E) Primary Nursery Area: N F) Water Classification: and HQW Open: yes 5A V&4W k5mrhr4u� _koa i�c5 Clay won cw�+;l 44" Field Investigation Report Page 2 PROJECT SUMMARY: The applicant proposes to construct 12 oyster reef wetland sills and one wetland sill out of reef maker artificial reef materials in three location off Pea Island in the Pamlico Sound. Project Setting The project proposed for development is located on Pea' Island National Wildlife Refuge off Highway 12 in Dare County adjacent to the Pamlico Sound and contains 5,384 Acres. There are three proposed sites, one is 3 mile south of Oregon Inlet, on is 7.4 miles south of Oregon Inlet and the other is located 9.7 miles south of Oregon Inlet. The adjacent property to the North is NCDOT right of way and the property to the south is a residential lot that is privately owned. Vegetation on the site includes, but is not limited to, Smooth Cordgrass (Spartina altemaflora), Black Needle Rush (Juncus roemerianus), Salt Meadow Cordgrass (Spartina patens), Eastern Red Cedar (Juniperus virginiana), and Glass. Warts (Salicornia spp). Soil Types include, but are not limited to, Carteret Sand (CeA), Corolla Fine Sand (CoB), and Duckston Fine Sand (DtA). Also, the water classification for this site is Tidal Sater-pefand High Quality Waters (HQW). The submerged aquatic vegetation on the site includes, but is not limited to, Widgeon Grass (Ruppia maritima) and Eel Grass (Zostera.marina). The bottom composition at these sites consist of sand and mud orjust sand. The property has an elevation of 3 feet above Normal Water Level (NWL). . Development Proposal The applicant proposes to construct 13 wetland sills that are 10 foot.wide by 100 foot long. One of the 13 sills will be constructed,with 1.5 foot of the outer layer consisting or reef maker artificial reef system with the other 8.5 feet of lose oyster shell. The other 12 sites will consist of only the lose oyster shell. The water depth at each location will be approximately 0.8 feet. Anticipated Impacts The proposed development of 13 wetland sills will result in the filling of 13,000 square feet of shallow bottom in the Estuarine Waters and Public Trust Areas of Environmental Concern. Temporary turbidity may occur during oyster shell placement. Submitted by: Cynthia Rountree Date: February 12, 2019 Received NPS/USFWS/T NC Oyster Habitat Restoration and Enhancement FEB 0 $ 28I9 Pea Island National Wildlife Refuge Project Narrative /+nN Location and Stakeholders DGM-EC Pea; Island National Wildlife Refuge (PINWR) is located on the north end of Hatteras Island in Dare County, North Carolina. The Refuge is 13 miles north to south and covers 5,834 acres of land and 25,700 acres of Boundary waters according the US Fish and Wildlife Service (USFWS). The purpose of The Pea Island National Wildlife Refuge is to protect and conserve migratory birds and other wildlife resources through the protection of wetlands, in accordance with Executive Order 7864 of August 8, 1938. The riparian waters adjacent to the extensive coastal marshes of the Refuge are owned and managed by The National Park Service (NPS). Access to the Project will be through the Refuge and the,project location will be within the adjacent shallow riparian waters. All associated work and monitoring is sponsored by and is the responsibility of The Nature Conservancy (TNC). Therefore, TNC is the primary applicant and USFWS and NPS are the co -applicants. This is a similar scenario to some other TNC projects within. Federal Government Lands and Waters. The marshes of PINWR are accessible from NC12, the only north -south thoroughfare on the island. Background The Pamlico Sound in this area is a shallow, saline water body that is only negligibly affected by lunar tide, but is significantly affected by wind tides, The Project vicinity includes areas of marsh and adjoining shallow waters that are not completely exposed to the westerly winds that tend to erode developed shorelines in the tri-village area to the south that do not have expansive natural buffers. The coastal marshes In this area include broad,marsh meadows, tidal creeks, marsh islands and coves, embayments and salt'flats. Shellfish beds are an important habitat in the Pamlico Sound. In PINWR and elsewhere, oyster resources have been on the decline due to the absence of new shell material for oyster spat to adhere to and grow to form oyster beds. This is in part due to the removal of oysters that are harvested for consumption and the lack of re -introduction or replacement of the important shells that are removed. This is a soft bottom without naturally occurring rock, and oyster proliferation depends on shell material.in this area. In other areas, major threats to oyster habitat include nutrient and toxic pollution, altered freshwater flows, exotic invasive species, and physical disturbances such as dredging. To protect North Carolina's coast by ensuring thriving ecosystems and economies, TNC has been working with university partners to evaluate oyster habitat for restoration potential. Oyster reefs provide a multitude of ecosystem and economic benefits when restored successfully. TNC has implemented their coastal resilience program httzLml arclija/41 as a tool to rate and identify ideal locations for this and followed up with ground truthing. In 2016-2017, TNC identified several prospective oyster enhancement and restoration Sites in PINWR. The Site location rating system includes an evaluation of: • Depth • Salinity • Existing Oysters ■ Historic Oysters • Proximity to Wetlands ■ Sea Bottom Type • Proximity to Strategic Habitat • Shoreline Erosion ■ Water Quality • Public Accessibility NPS/USFWSfrNC Oyster Habitat Restoration and Enhancement Received Pea Island National Wildlife Refuge G€8 t) f1 ?flt9 Project Narrative I Protect Area Conditions The primary project proposed includes placement of a blanket of loose oyster shells in designated areas that exhibit a high potential for oyster habitat enhancement and restoration where there would be no adverse impacts to other resources. The project areas consist of shallow waters adjacent to the natural marsh and dominantly in tidal creeks and embayments that are relatively protected. Each of the potential Sites were ground-truthed by TNC and a set of Preferred Sites was then developed. TNC has consulted with Quible to further evaluate habitat potential, to collect survey and water quality data and to assist with the CAMA Major Permitting Process. Please refer to Sheet 1 of 4 for an overview of the Project Sites. There are three separate Areas in PINWR that contain the proposed oyster restoration and enhancement Sites. From south to north, Area 7.4 (Sites 1-3) is located approximately 1 mile north of the northern approach of the new NCDOT "Jughandle Bridge" and 9.7 miles south of Oregon Inlet, Area 7. (Sites 4-8) is approximately 7.4 miles south of Oregon Inlet just south of the New Inlet bridge, and Area 8.1 (Sites 9-13) is approximately 3 miles south of Oregon Inlet and accessible from the USFWS North Pond Wildlife Trail. In general, shallow waters of the Pamlico Sound in this area provide submerged aquatic vegetation (SAV) habitat and thriving beds. Due to wind tide swings, SAV beds are found in waters greater than 12 it in this area as confirmed by SAV surveys that we conducted at each of the Proposed Sites on three dates in 2018, including 6/19/2018, 8/3/2018 and 8/23/2019. On each of these occasions, environmental scientists from Quible reviewed each of the proposed Sites and adjacent waters for the presence of SAV. It was not necessary to use snorkel and mask due to the very shallow water conditions which allowed a clear view of the bottom. In general, rooted SAV was not found where the oyster shell would be placed at each of the Sites. The proposed cultch placements areas constitute an area that would be 10 ft wide (maximum) to 100 ft long (maximum) at each of the chosen Sites. While wading the shallow waters at areas of the Projects Site, dense SAV growth was encountered in water as shallow as 1.2 ft deep near the chosen Sites. The optimal SAV water depth in this area was observed to be waters that ranged from 2-3 it deep, where SAV coverage was up to 100 percent. The type of SAV observed near the Sites was dominantly Ruppia maritima (Widgeon grass), with minor amounts of Zostera marina (Eelgrass). The bottom type at each of the Sites varied between a sandy bottom and an organic (mud) and sand bottom. The water depth at each of the cultch Sites was 0.25 ft — 0.80 ft deep relative to normal water level (NW L). Some areas in the Site vicinities that were not chosen as proposed cultch placement locations were in slightly deeper water (with rooted SAV) or in areas that had a peat bottom. There were areas of ripped up SAV found at some of the Sites, but the very shallow nature of the cultch locations does not allow SAV to thrive, since it is common for these areas to be completely void of surface water for a multitude of days from low wind tides that occur from onshore wind events which are common here. While conditions are not optimal for SAV immediately adjacent to the marsh edge where the shell will be placed, SAV does well in slightly deeper water. This type of condition, is however, excellent habitat for oysters which do not need to be submerged 100 percent of the time. During Quible's Site survey work and TNC evaluations, the.salinity was found to range from 8.3 to 19 ppt. The adjacent marsh includes Spartina alternifora (smooth cordgrass) at the waterward edge which grows as an emergent coastal wetland species and was found to grow at elevations of 2 NPS/USFWS/rNCOyster Habitat Restoration and Enhancement FEB 0 Pea Island National Wildlife Refuge Project Narrative +0.25 ft to -0.25 ft, Landward of this is the dominant coastal wetland species o Juncus r6em6danus (black needle rush). Only one of the Sites (Site 12 in Area 8. had a low upland sand ridge near the water's edge. At that site, upland vegetation included Juniperus virginiana (eastern red cedar) and Spartina patens (salt hay). On 8/7/2018, a site investigation and findings meeting was held with TNC, NO Division of Coastal Management (NCDCM) and NO Division of Marine Fisheries (NCDMF) to review conditions and the proposed project. On 9/25/2018, an interagency scoping meeting was held at the NCDEQ WARD Offices to discuss the project. One item that was resolved after the scoping meeting was the proper permitting procedure. In the weeks following the meeting, it was confirmed by NCDCM and NPS that this project should be permitted through -the CA,MA Major/ 291 Joint State -Federal Process. This is consistent with other recent projects on Federal Lands that include TNC as the project sponsor. A secondary component of this proposed project is another similar oyster habitat enhancement method that includes the testing of Atlantic Reefmaker@ octagonal ecosystem unit discs. This would be limited to Site 5 only, and would consist of a 100 linear ft (maximum) section of this breakwater and habitat enhancement system. The posts that hold this system in place will be hand driven with a slide hammer, since this will be the smaller (1.5 ft diameter) version of this system. Shell Placement and Monitoring Once the CAMA Major Permit.is in place, it is the goal of TNC to begin placing oyster shell at some of the permitted locations in early Spring of 2019. Material will consist of spent oyster shells from area restaurants and other oyster shell recycling programs, similar to procedures that NCDMF have followed in the past. TNC currently has a stockpile of shell, but they are working to obtain more. Shell will be transported to the water's edge in 5 gallon buckets and will be floated to the specific Sites in a shallow draft boat that will likely be physically pushed to the placement location. From there, shell will be manually spread in the permitted areas, in a layer of approximately 0.25 ft thick. The width of the shell placement will be up to 10 ft from the edge of the marsh, but will most likely be contained within a 6 It wide strip. And, while the requested permitted length at each of the 13 Sites is 100 ft, the length will most likely be shorter due to shell supply and individual participation available. For the entire 13 sites (including the Atlantic Reefmaker Section at Site 5), there will be 13,000 sq.ft. of shell and Reef maker discs in the water, this egates to 120 cu. yds. of material. TNC will involve interns and volunteers with this activity. Monitoring will occur semiannually and will evaluate natural recruitment and water quality. 3 Not to Scale OCTAGONAL UNIT SPECIFICATIONS FIB 4- Ulb SECTION VIEW [)CM -EC `fl' ' �\ 3000 PSI Concrete _I/■ \ 1/4"Fiberglass Reinforcing Bar g ' PLAN VIEW 3.5" Diameter- Plastic Pile Protector Bushing 3"- 3'/4"Fiberglass Pile --------- ,gam"'CSl 1."4L-- --- . ' . Ecosystern-Units Approximate Unit Wei6ht;=70 LBSIUNIT it to scale ,es Not Represent Actual Mean HighlLOW Water Datum Mean High Water Mean Low Water Substrate Material Pile- embedment.desigri.based on soil:type and Ecosystem units' stacked Height ; . f4fi[ e r ��r�`.e+ � € r •' aPh� `�i yy�i �§ x {41 �'r'e sgB4 y, 1ii 1 n 4" •mi r•�� .. -. e 5 q11�r5pp rK+ 0 k PAILCay. � r fi R I�p X M� 4,yy .£PA�rea�r m4y A .µ ^kr - Googly earth L Cells, Ha,r,+ env. cy ,3 %s,n•� i P_ I.. -- - .1 Google-earth GOoearl J I' I" .�,f• r�."�� till" it '.t• t,)).. 'y a ,i c jr ..li. Y .. Kp. sYy \ y 01, oz ' �'� • i CO Z RI t 1 • 1 I � 1 V �r-• p I , t }�(•a+�.'*.R}fit' "! (S�'1�,,� , )s i?, rr� ,16 "'l 'tZl, I {J�•�, ?�;L'�., i�i'1' •�`1 {rl:{e ` o u �p[yFS({ rf��r• �i l py. • x,V t !�. jj i 1, , Sul. • {� ` * n •� G,..� �\I .. ,. �� yF*'lieb )`�'fR rY li ty�� •+ .I ol 1 • Y� ,� j1� 21 ]M�� rr, 4 � �" ]t "y! �rTl J X) t • .l. 11 tyw ,' t t �L.•r l ,l tl: W F8 4- 2019, RE: Agent Authorization for CAMA Major Permitting , The Nature Conservancy DMEC Pea Island NR Oyster Habitat Enhancement Project. As an authorized official of The Nature Conservancy, I authorize Quible & Associates, P.C. to act as' agent for the purpose of CAMA Permitting for the above reference project. Authorized Signature c II Name: r�r�on r�l Date: rZ�s I�i Received FEB 4 - '7019 RE Oyster Habitat Enhancement (� fl� EC ee/(�� CAMA Major Permitting IL�CIV Pea Island National Wildlife Refuge Dare County, NC As authorized representative of the USFWS, I authorize Quible & Associates, P.C. (consultant for The Nature Conservancy) to act as agent for the purpose of CAMA Permitting, including all accompanying State and Federal Permitting. Authorized Signature Name: R- J-01-k /(,I C!'"1 Date: Pa, V/9 & Associates, P.C. ENGINEERING • ENVOONNENW.SOENCES - DUJ4NIM1'G - SURVEY.NG EINCE.1959 CERTIFIED MAIL: RETURN RECEIPT REQUESTED January 6, 2019 James P. Meyer 162 Glasgow Trail Black Mountain, NC 28711 RE: CAMA Major Permitting Pea Island National Wildlife Refuge Hatteras Island, Dare County, NC Mr. Meyer: P.O. ora w 870 r Hoy& NC 27949 mv. 252-491-8147 Far 252,49"145 web' cluUe wm Received FEB 4 - 2919 DMEC As adjacent riparian property owner to the above referenced project, it is required by NCDEQ, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires a CAMA Major Permit. As depicted on the accompanying site plan, the proposed project includes placing oyster shell/clutch along the shoreline in thirteen different sites in the Pea Island National Wildlife Refuge to promote oyster growth This project is sponsored by The Nature Conservancy in conjunction with the US Fish and Wildlife Service. Each shell area will be 100 feet long by 10 feet wide and around 3 inches tall. The proposed work area is shown on the attached site plan. Should you have comments to this proposal, please send your written comments to the CAMA Field Representative, Cynthia Rountree, 401 S. Griffin St. Suite 300 Elizabeth City, NC 279D9. Written comments must be received within 30 days of ieceiot of this notice. If you have no objection to the project, please sign and dale below and return one copy of this letter to: Troy Murphy, Quible & Associates, P.C., P.O. Drawer 870,'Kitty Hawk, NC 27949. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quibl�ociates, P.C. Troy Murphy I have no objection to the project as proposed I have an objection to the project for reasons stated below Signature Date r�� . Quible & Associates, P.C. P.O.Dmxer B70 Y.My HovM. NC 27949 ENGNEERNG - E^MRONMEM1W SCIENCES • PIPNNI,YG • suMYNG Phone:252-071-6147 Pox 252491-SW SNCE 19S9 Nreb, gW61a c9m CERTIFIED MAIL: RETURN RECEIPT REQUESTED January 8, 2019 NC Department of Transportation Received C/O: Randy Midgelt 1929 North Road St. FEB 4 - 2019 Elizabeth City, NC 27909 RE: CAMA Major Permitting DMEC Pea Island National Wildlife Refuge Hatteras Island, Dare County, NC Mr, Midgett, As adjacent riparian property owner to the above referenced project, it is required by NCDEQ, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires a CAMA Major Permit. As depicted on the accompanying site plan, the proposed project includes placing oyster shell/clutch along the shoreline in thirteen different sites in the Pea Island National Wildlife Refuge to promote oyster growth This project is sponsored by The Nature Conservancy In conjunction with the US Fish and Wildlife Service. Each shell area will be too feet long by 10 feet wide and around 3 inches tall. The proposed work area Is shown on the attached site plan. Should you have comments to this proposal, please send your written comments to the CAMA Field Representative, Cynthia Rountree, 401S. Griffin St. Suite 300'Elizabeth City, NC 27909. Written comments must be received within 30 days of'receipt of this notice. It you have no objection to the project, please sign and date below and return one copy of this letter to: Troy Murphy, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. T oy Murphy I have no objection to the project as proposed _. I have an objection to the project for reasons stated below Signature Date Y : Complete items 1,2, and 3. -• f ■ Print your name and address on the reverse so that we can return the card to you. A Attach this card to the -back of the mailpiece, ';'Zignature %�/ p p ""`w .. - 0 Agent Addressee B. nReelceived by-(FWnted Name) C. Date of Delivery 3 or on the iront'rf space permits. d 1. Article Addressed to: D. Is derwery address citterent from item 1? ❑ Yes It YES, enter delivery address below.. 0 No Z11Z4,1jjjk (?tT a7g L9 3 Service Type ❑priorifyMal Expiess® IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0ACu4S9na�ResbvWDerwy o &;�dcted 9590 9402 3871 t806O 8544 26 ❑CertlWMaReslrktedDaWW ❑ Re 'wtror ❑ Collect an Mvery Oe➢ve'Y.Restricted Uellvery 7 Lssured Mail ... ... D signatixe CmfirmaIIonTM--.. O Slgnahue Canfumztlon. 7007 2680 0002 5930, O5'51 ��nsaaarnaattasd�mdoacvery ,,, ResvietedDelimy s` PS Form 3811, July 2015 PSN 7530-02-000-90ri3 Domestic Return Receipt -"k�pl�,R�-C6�PLETE THIS SECTION. ON DELIVERY N Complete items 1,,2, and 3. i ■ Print and the A. Sig oa re U� your name address on reverse X �_ 17 essee so that we can return the card to you Addr t7 Ada N Attach this card to the tack of the mallpieoe; .. B• - ' by (Pmrted Name - 9, Date of Deli �y or on the front if space Dermits. I �,, ' -, , ., o.r -V & / ` 1 Z " li y 1. Article Addressed to: /� /� _ >` D. is deh4cry If YES, "" itererrf $6m lien delivey aildressbelov l Iil?QS J J.t,? »i 1Ira 12)psSt--A0\ )tipI tTj�ti�Y� !��'JUfLoLd Yl1-� ji-1�� 'DR 3. IIIIIIIIIIIIIIIIIIIIIIILIIIIIIIIIIIIIIIIIIIIII D�Suet3gratme Restricted Delivery 9590 9402 3811 8060 8544 19. Cedded MW D ❑Certified Mail Restrkteii DePleni ❑R 7007 '2680 0�02 5930 ❑56$ 3'hsuredMaiReShctedPeGvery ` Rts"'"eeWi tope ssom' PS Form 3811, July 2615 PSN 7530-02-000-9053 Domestic Return ROY COOPER NORTH CAROLINA Governor Environmental Qaa(!ty MICHAELS.REGAN Secretary BRAXTON C. DAVIS birector EMAIL MEMORANDUM TO: Susan Simpson The Coastiand Times Manteo, NC 27954 legais@thecoasilandtimes.net FROM: Ella Godfrey DATE: February 19, 2019 SUBJECT: Public Notice: The Nature Conservancy Please publish the attached Notice in the Sunday, February 24, 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 Melissa. Sebastian, 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 Sarah Young, PIO, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File omwxnto� aeeT�ava¢uo-wm� /� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office i. 401 South Griffin Street. Suite 3001 E117abeth City. North Carolina 27909 252/643901 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 02/08/19. The Nature Conservancy proposes to construct 12 oyster reef wetland sill and one artificial wetland sill in three locations on Pea Island 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 03/16/19, 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. PLEASE PUBLISH ON; Sunday, February 24, 2019 oeumeew wvw� North Carolina Department of EnvironmentalQuality I Division of Coastal Management Elizabeth City Office 1401South Griffin Strect; Suite 300'1 Elirabeth Cly. North Carolina 27909 252.264.3901 ROY COOPER Governor MICHAEL S, REGAN Secretary BRAXTON C. DAVIS D rector February 20, 2019 The Nature Conservancy Aaron McCall 701 Ocean Acres Drive Kill Devil Hills, NC 27948 Dear Mr. McCall: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located at Island off NC HWY 12, in Dare County. It was received complete on February 8, 2019 and appears to be adequate for processing at this time. The projected deadline for making a decision is April 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 February 8, 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 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. 1 � � North Carolina Department oMvlronmental Quality I Divisian of Coastal Management Elizabeth City Office 1 401 South GpfFln Street, Suite 300 1 Elizabeth City, North Carolina 27909 7W 2re.39nt The Nature Conservancy Aaron McCall February 20, 2019 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 Cynthia Rountree, Field Representative, if you have any questions and or if you wish to receive a copy of her field report. Sincerely, Frank .�iLJe�ruu �,zF... y r s District Manager, Northeastern District NC'Division of Coastal Management FJ/eg Enclosure cc: Doug_Hgggett,,Major Permits Coordinator, DCM, Morehead City, NC Cynthia Rountree, DCM, Elizabeth City, NC Brian Rubino, Quible & Associates P.C. PROJECT: Construct 12 oyster reef wetland sills and one wetland still out of reef maker artificial reef materials in three locations off Pea Island in the Pamlico Sound. March -16, 2019 COMMENTS ACCIEPT ED THROUGH APPLICANT: The Nature: Conservancy c/o Aaron McCall 701 Ocean Acres Drive Kill Devil Hills, NC 27948 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: "�► Cynthia Rountree 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 252-264-3901, ext. 233 A s+ *"This is a word processing form to be completed In'MlcrosoftWortl• - - NC Division of Coastal Management Major Permit Application Computer Sheet (11/01/2012) Applicant The Nature Conservancy Date: 2115/2019 Project Site County Dare Staff., Cynthia Rountree District: NElizabeth City ❑Washington ❑Morehead City ❑Wilmington Project Name: Pea Island Rover File: Date'ofiniti-tgppllcaHon subp tttal'(EX.1l_8f20071a January 11, 2019 Date application "received as complete"in the Field office (EX., 1I8/2007): February 8, 2019 Permit Authorization: ❑CAMA ❑Dredge & Fill NBoth -71 SITE DESCR/PTIONiPERMIT INFORMATION PNA: ❑ Yes NNo Photos Taken: Yes N No❑ Setback Required (riparian): ❑ Yes NNo Critical Habitat: ❑Yes ❑No NNot Sure 15 foot waiver obtained: ❑Yes NNo Hazard Notification Returned: ❑Yes NNo SAV. NYes ❑No ❑Not Sure Shell Bottom: ❑Yes NNo ❑ Not Sure Temporary Impacts., NYes ❑No Sandbags: []Yes NNo ❑ Not Sure Did the land use classification come from countyLUP., []Yes NNo Mitigation Required (optional): ❑Yes NNo Moratorium Conditions: ❑Yes ❑No NNA Environmental Assessment Done: El Yes ❑No NNA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW)- N High Quality Waters (HQbtq ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Umonlum sp.) N (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) N (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spadina altemi/lora) cynosuroldes) ❑ (DS) Salt or spike grass (Disfichlis El (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) N (JR) Black needlemsh (Juncus N (SP) Sail/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ Ill(A) Private w/D&F up to i acre; 3490 ❑ Ill(D) Priv. public orcomm w/D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 N III(B) Public or commercial w/D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ I/. Public or commercialino dredge $100 and/or fill - $400 ❑ L Private no dredge and/or fill - $250 ❑ M(C) Priv. public or comet w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 _.. 252-808.28018 it `i•888.4RCOAST :: wwwlnccoastalmanayemont_not . - - -- - ;avvisedo-Nov: f�43 idC Divisions of Coastal Mgt. Application Computer Sheet, page 2 of 3) Applicant: The Nature Conservancy Date: 2/15/2019 Describe below the ACTIVITIES that have been applied for. Aft values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE ActivityName Number Choose Choose Dimension t Dimension 2 Dimension 3 Dimension 4 One One Artificial Reef 12 New Work® Replace 100 ft loft 0.25 ft Maint ❑ ❑ Y 21 N Artificial Reef 1 New work ® Replace 100 ft 8.5 ft 0.25 ft Maint❑ El ON Sill (reef 1 New work ® Replace 100 ft 1.5 ft 0.25 ft maker) Maint ❑ ❑ Y ® N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y,❑ N New Work ❑ Replace Maint [I ❑Y❑N Now Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work [I Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N' New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work El Replace Maint ❑ ❑ Y ❑ N New Work [I Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N Now Work ❑ Replace Maint ❑ ❑ Y' ❑ N New Work Replace ' Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ - ❑ Y ❑ N New Work ❑ Replace ' Maint ❑ ❑ Y ❑ N New Work El Replace Main t.❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New,Work ❑ Replace Maint ❑ ❑ Y ❑ N revised Nov. 2012 4 HC Division of Coastal Mgt. Application Computer Sheet, gage a of 3) Applicant: The Nature Conservancy Date.'February 15,2019 Describe below the HABITAT disturbances forthe 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 rm acts FINAL Sq. Ft. .(Anticipated Anal disturbance. Excludes any restoration and/or temp Im act SMOUntl TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or tenio impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Shallow Bottom Dredge El Fill ® Both El Other ❑ 12,850 sgft 12.850 sift Shallow Bottom Dredge ❑ Fill N Both ❑ Other 150 sgft 150 sift Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑. Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge El Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other, ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other El — Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ fill ❑ Both ❑ Other ❑. Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 262.808.2808 :: 1.888r1RCOAST :: www.nccoasfalmagaget8Qn2_net: rovised: Nov. 2012 MAJOR PERMIT FEE MATRIX Applicant: _RP N a•L a. CUhS20yana/ Selection Development Type Fee DCM % DWQ % (14300 16014351000931625 6253) (243001602 435100095 2341) I. Private, non-commercial El development that does not $250 100% ($250) 0% ($0) Involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: El Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A. B, C, or D below applies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See can be a lied: Public or commercial opment, if General $400 100%($400) 0%($0) r Quality Certification097 (See attached) e a lied: ffed If General Water ty Certification No. $400 60%($240) 40%($160) (see attached) could plied, but DCM staff mined that additional w and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: lll(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) cannot be a lied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or o en water areas: NC Division of Coastal Management Cashier's Official Receipt . , s Received From: /�NAkre- �OnSi , t12.2 PemiltNo.: 'e4rn.' r Applicant's Name://¢ a/� ^4' Project Address: Date: °� 204f $ Check No.:: d 41D 736 County: — D41E Please retain receipt foRyour records as proof of payment for permit Issued. J1 Signature of Agent or Applicant: Signature of Field Representative, ' Date: Data. l ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director February 20, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar cilncdenr.gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: The Nature Conservancy Project Location: Pea Island,,NC HWY 12, Dare County Proposed Project: Construct 12 oyster reef wetland sills and one artificial reef wetland sill in three locations off Pea Island Please indicate below,your agency's position or viewpoint on the proposed project and . return this form to Grem Bodnar at the address above by March 13, 2019. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 237) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. *"Additional comments may attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth Clry Office 1401 South Griffin Street, Sulte300 I Elizabeth City, North Carolina 27909 252.2643901 DCM Coordinator: Greg:)3odnar Distributed Yes® -No[]-' - Applicant: The Nature Conservancy Distribution Date: 2/20/2019 AGENCY WARO Donna Creef LPO Rachel Love Adrick Washington DCMPlanner Charlan'Owens ElizCity US COE Raleigh' Bland (Beaufort Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) josh Peletier— (Bettie, Currituck, Dare, Gates; Pamllco,'Pasquotank, Washington) Community Assistance Lee Padrick (Beaufort, Carteret, Craven, Eliz City, Pamlico, Washington) Cultural Resources Renee Gledhlll-Earley Underwater Archaeology Chris Southerly or Nathan Henry Div. of Water Infrastructure (No longer public Water Supply) Clif Whitfield Marine Fisheries Shane Staples WARD/ECRO NC DOT David Harris Shannon.Jenkins Shellfish Sanitation Sharon Gupton Tim Walton State Property Mike Moser DEMLR/DWR: Sheri Montalvo DEMLR. Sediment& Erosion- Samir Dumpor Storm water- Roger Thorpe DWR401- Anthony Scarbraugh WRC Maria Dunn (WARO) WRC(NC DOT) Travis Wilson National Heritage Program I Rodney Butler C:\Users\emgodfrey\Documents\Major Permiis\Sanderling POA\Maj Comment Distribution Sheet- Sanderling POA.docx Revised :6/29/2018 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Quible & Associates P.C. Brian D. Rubino P.O. Box 870 Kitty Hawk, NC 27949 Dear Mr. Rubino: NORTH CAROLINA Envfrann entat Quality January 18, 2019 Re: Oyster Habitat Restoration and Enhancement, Pea Island National Wildlife Refuge The NC Division of Coastal Management hereby acknowledges receipt of your application on January 11, 2019, for State approval for the development of the referenced project. An initial screening of the submittal package has been conducted as per 15A NCAC 07J.0202-.0204 (copies enclosed). This revealed certain deficiencies, which must be corrected before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of these deficiencies immediately so that they can be quickly corrected to facilitate my detailed review. Because the deficiencies are easily correctable, I am not returning the original application package. Please make the needed changes and submit the appropriate documentation. With the retained copy of the application, I can commence the detailed review. Please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issues separately. Our initial screening has identified the following deficiencies: 1. Not all questions on the application have been answered or indicated as "not applicable." Please address the following items: ■ Form DCM-MP-2: - Beginning Box, about fill activities the section on Rock Breakwater needs to be filled out. - Number 3.a-i, about shoreline stabilization this section must be filled out for the section where the reef makers will be used. - Number 41ii, about amount of material to be placed in water the amount given is for one section this needs to be for the whole project. �Mp RECEIVED North Carolina Department of Environmental Quality I Division of Coastal Management JAN 2 5 2019 Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 DCM-MHD CITY Brian D. Rubino --- -- January 18, 2019 Page 2 of 3 2. Adequate Work Plans or Drawings have not been submitted. Please address the following items: ■ Plats must be to scale and not greater than 1 inch to 200 feet. ■ When colored drawings are submitted, 27 copies must be provided. • A Plan View must be submitted that: - Indicates the Shoreline - Indicates Marshlands - Indicates Water Depth contours or spot elevations - Indicates Property Boundaries - Indicates Adjacent Property Owners' Names - Indicates approximate location of Normal Water Level - Indicates the presence of any 404 or Coastal Wetland Marsh in area of proposed work. A Cross -Section Drawing must be submitted that: - Depicts the required information; specifically, height of oyster shell in relation to NWL The Plat must locate project area wetlands and identify the agency or consultant making the determination, along with the date the determination was made. 3. A letter is needed that documents your authorization to act as agent for the applicant. 4. Documentation of Notification of Riparian Property Owners must be provided. Please submit Certified Return -Mail Receipts (Green Cards) for this notification. 5. A Check or Money Order to cover the Application Fee must be submitted. Please provide this in the amount of $400. 6. In the narrative the amount of fill that will be placed below normal water level needs to be stated in regard to each material type. Also, for the Reefmaker portion there needs to be elevation in relation to the NWL. To expedite our response to your permitting request, we will commence the detailed review of your application for a permit pending the receipt of the additional information requested above. However, the statutorily provided 75/150 days allowed for review cannot commence until such time as we have received a complete application package. Once your application has been accepted as complete, you will receive a separate notification letter. If it is not possible to render a permit decision within 70 days of the date when your application is received complete, 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. w_ Brian D. Rubino January 18, 2019 Page 3 of 3 Please do not hesitate to contact me at our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the permitting process. Since r ely . t4�1 Cynthia Rountree Field Representative Division of Coastal Management cc: Doug Hugget, Major Permits Coordinator, DCM, Morehead City Frank Jennings, District Manager, DCM, Elizabeth City Aaron McCall, Applicant, Kill Devil Hills RECEIVED JAN 2 5 2019 DCM.MHD CITY - ,,, a \..ovo. \r i1:Jb YM Imurphy AY. BIBIT cF PCIZ Taa�eraruw \\, ,\ PAI-LIW J /,W LAI 0. NOTE. THIS DOCUMENT IS PREUMINAIRY NOT FOE§ CONSTWCTION' RECORDATION, SALES OR CONVEYANCES THIS WCUMM 13 FO Di.SClSSICIN PURFPOSE.S 01401 EXISCING INFORMFATKIN %"Writ OM WIMS 9C)ww—mT Is mm 0II auT ADARASIE DATA IS NOT A Ckft'iIFIFJD St RYFY: ALL INFORMATION SHOWN all TM DOCUMENT IS'SIXIJIM TO ANY REtiIIAfM4EH-t3 Tf ANY REGULATORY AGED" `. ENT" OR AUTHORITY IYI.M.E & ASSOCIATES C. DOE'SNOT QUlAitANIFr THE ACCURACY CTR Tim" - - COMPLETENESS OF ANY INFORMATION IN TVI S DaC'UMENNT AND IS Nib RESK44SIRLI: FOR .ANY ERROR OR OML.KIN OR AN'T" .4 E5 OR ITFt:RfACek-S REULTIN(T- MGM TW USE OF THIS 111FORMATION, A7LANT,C GLEAN 1 1 Received :1 DCM BASED ON COUNTY CIS DATA. PROJECT COPYRIGHT C 2019 OUIBLE 4 ASSOCIATES, P.C. / SEUM I OF 4 - OVERALL VIEW THIS MAP IS N07 A NC Licen,e/: C-0208 Pt8057 THIS DOCUMENT IS THE PROPERTY OF CERTIFIED SURVEY SINCE 1959 uible DRAWN BY OUIBLE 8: ASSOCIATES, P.C. ANY ALTERATION THIS OCUMENi Tl� NATURE CONSERVANCY AND HAS NOT BEEN Associates, P.C. PROHIBITED.OF IS REVIEWED BY A JTM/OTH PM 1SILAND IF THIS DOCUMENT IS NOT SIGNED AND NATIONAL WILDIMB RBFUOB LOCAL GOVERNMENT CHECKED BY SEALED BY A LICENSED PROFESSIONAL THEN THIS DOCUMENT SHALL BE KINNAKEET TOWNSHIP DARE COUNTY AGENCY FOR ENGINEERING" a CONSULTING a PLANNING ENVIRONMENTAL SCIENCES a SURVEYING" BDR CONSIDERED PRELIMINARY, NOT A CERTIFIED DOCUMENT AND SHALL NOT NORTH CR AOLINA COMPLIANCE WITH "ENG./SUR. NOT OFFERED AT BUCK W. OFFICE— BE USED FOR CONSTRUCTION, 0 3000 8000 ANY APPLICABLE 8�66 Carcto4e Hq, PowNIK PoiN, NC 2]966 Phone: (252) K91-81 K] Fax: o;nt, C -81A6 DATE RECORDATION, SALES OR AND LAND DEVELOPMENT 90 Church St., St.. B. BIaa4 Mountain, NC 1!]II 01 31 19 CONVEYANCES. UNLESS OTHERWISE NOTED. GRAPHIC SCALE IN FEET 1"e3000' REGULATIONS. Phone: (828) 793-0398 Fax: (252) e91-81a6 OdmmimtrafoNquible.com