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HomeMy WebLinkAbout47-18 The Nature ConservancyClass Permit Number Department of Environmental Quality and CoastdI Resources Commission erml —_ for X Major Development in an Area of Envn pursuant tdNCGS 113A-118 X Excavationl and/or filling pursuant to NCGS 113-229 d to - The Nature Conservancy, 701 West Ocean Acres Dr., Kill Devil Hills, NC 27948 prizing development in Dare County at Pamlico Sound, off Alligator River National ifie Refuge and Navy Shell Ditch, near Stum13' Point, as requested in the permittee's application dated 1/31/18 J & 12/18/17(MP-2),including attached workplan drawings 3 Sheets 1-3 of 3 all dated 9/28/17. permit, issued on May 152 2018 is subject to compliance with the application (where stent with the permit), all applicable regulations, specialconditions and notes set forth below. Any violation ;se terms may be subject to fines, imprisoliment or civil action; or may cause the permit to be null and void. Shoreline IStabilization — The offshore sills shall be constructe in accordance with the alignment depicted in the workplan drawings. The alignment of the authorized offs ore sills shall be staked by the permittee and verified by a representative of the Division of Coa tal Management within a maximum of 30, days prior to the start of construction. (See attache sheet for Additional Conditions) permit action may be appealed by the permittee r other Signed by the authority of the Secretary of DEQ and the ,ed persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. permit must be accessible on -site to Dep utment ¢iel when the project is inspected for compliance. maintenance work or project modification not Covered fPQ Braxton C. Davis, Director ider requires further Division approval. Division of Coastal Management work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2021 ;suing this permit, the State of North Carolina agrees that oroiect is consistent with the North Carolina Coastal Signature of Permittee. Conservancy Permit No. 47-18 ADDITIONAL CONDITIONS The offshore sills material shall consist of clean oyster shell, rock or masonry materials such as, but not limited to, granite, marl, or broken concrete. Sill materials shall be of a size sufficient and design to '.prevent its movement from the approved alignment by wave or current action. The permittee shall be responsible for immediate removal of any materials or debris that becomes dislodged or moves outside the authorized alignment. - - - backfill of the offshore sills or any other filling of wetlands,. estuarine waters, public trust areas or i ground is authorized by this permit. The height of the permitted offshore sills shall not exceed six inches above the normal water level. The offshore sills shall have at least one, five foot opening at every 100 feet. The offshore sill sections may be staggered and overlap as long as the five foot separation between sections is maintained. The offshore sills shall be marked at 50 foot intervals with yellow reflectors extending at least three feet above the normal water level. General No attempt shall be made by the pemrittee to prevent the full and free use by the public of all navigable waters at -or adjacent to the authorized work. The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or '.obstructions caused thereby, without expense to the United States or the state of North Carolina. No .claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 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. The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. This permit does not eliminate the need to --obtain any additional -state federal orlocal-permits, approvals or authorizations that may be required. This permit does not convey any rights, either in real estate or material. The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2018-00388) issued 4/17/18. Conservancy Permit No. 47-18 ADDITIONAL. CONDITIONS E: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4144 and assigned the project DWR Project No. 09-0960 V5. lr: Future development of the permittee's property may require a modification of this permit. such activity for this determination. T: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. Alligator River offshore oyster reef sill extension at Navy Shell Road: project na' m1ZEIVED Accelerating sea level rise, as well as frequent, severe storm and wind events have hasiiiM 0 2018 erosion to unsustainable levels along the shoreline east of Navy Shell Road in" or River National Wildlife Refuge. Erosion rates along this shoreline, located halfway be^'� �11 Harbor and Stumpy Point, have been calculated to be in excess of 40 feet per year based upon Y analysis of historical and current aerial photography. The Nature Conservancy, in partnership with the U.S. Fish and Wildlife Service, is proposing to extend an existing 200 linear foot oyster reef sill along this shoreline to further: (i) attenuate wave energy and reduce rates of erosion in order to increase the resilience of adjacent ecological communities, (ii) create conditions under which new shallow -water habitat can become established, and (iii) restore native oyster habitat. The proposed project extends the currently permitted offshore oyster reef sill an additional 500 linear feet to better address prevailing wind and wave action along a larger stretch of shoreline. NEPA approval for this project has been secured through The Nature Conservancy's partnership with the North Carolina Coastal Federation under a grant agreement with the National Oceanographic and Atmospheric Administration (NAI6NMF4630009). The project area is not subject to boat traffic (i.e. limited navigability) and the existing offshore oyster reef sill is marked every 50' with yellow reflectors. Nearby offshore oyster reef sills at Point Peter Road have averaged between 80 and 300 oysters ma with most individuals in the 30-40 mm size class over the last six years. Erosion rates behind existing reefs east of Navy Shell Road have been reduced to less than 3 feet per year. No submerged aquatic vegetation has been found within the project area during previous sampling occasions from our past oyster reef project in the area dating back in 2009-2011. The area proposed for extension was surveyed on July 27, 2017 and no submerged aquatic vegetation was found in the proposed footprint of the reef and in the surrounding area. We are proposing to use class C riprap limestone fossil rock (marl) as our sill construction material. Marl is a natural, durable alternative to oyster shell and is the substrate used for the existing, permitted offshore oyster reef sill at east of Navy Shell Road. Boring sponge is not a concern for this area as salinities range between 10-15 PSU. No boring sponge has been observed during monitoring of existing reefs. The oyster reef sills will be configured parallel to shore at an average distance of 90 feet waterward of NWL. This distance offshore was selected to avoid soft sediment and disassociated peat nearshore and maximize placement of material on hard sand. The sills will be constructed in individual 100-foot segments (20 feet wide; 3.5 feet tall) with a 5-foot spacing and 25-foot-long by 20 foot wide segments located behind the 100 linear foot reef to allow for a step like design between adjacent segments. Construction of all offshore oyster reef sills will be conducted using a shallow water barge contractor. It is anticipated that the relief and structural complexity of these reefs will baffle wave energy and storm surges, thus reducing shoreline erosion potential. In addition, the natural communities that most certainly will develop on these structures will provide valuable ecosystem services, including improvement of water quality, while functioning as exceptional habitat for numerous fishes and invertebrates. Shoreline erosion, oyster density, and basic water quality will be monitored at these sites. Received DMEC DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: US Fish & Wildlife Service / The Nature Conservancy 2. LOCATION OF PROJECT SITE: USFWS Alligator River National Wildlife Refuge, East of Hwy 264 & Navy Shell Ditch, Stumpy Point; adjacent Pamlico Sound Photo Index — 2006: 178-8935 (N19) Latitude: 35044'51.32"N Longitude: 75°44'15.50'AV''t:7c'e/1/ 3. INVESTIGATION TYPE: CAMA; D&F FF�FQ 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/15/18� ?018 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete - 02/01/2018 rTY Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP — Conservation/Natural Historic (NH) (B) AEC(s) Involved: Estuarine Waters, Public Trust Area (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing — N/A Planned - N/A (F) Type of Structures: Existing - 200 Ift oyster reef sill Planned - Oyster reef sill (G) Estimated Annual Rate of Erosion: 10' Source — Applicant, based on measurements of shoreline benchmarks 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands N/A N/A N/A (B) Non -Vegetated Wetlands N/A N/A N/A (C) Estuarine Waters/Public Trust Area N/A 10,000 sq. ft. N/A (D) Total Area Disturbed: 10,000 square feet (sf); [0.23 acre] (E) Primary Nursery Area: No (F) Water Classification: SA; HQW Open: Yes 8. PROJECT SUMMARY: The Nature Conservancy proposes to install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife Refuge. Field Investigation Report: US Fish & Wildlife Service / The Nature Conservancy Page 2 Project Setting The development site is located in the Pamlico Sound approximately 90 feet offshore and adjacent to the USFWS Alligator River National Wildlife Refuge, East of Hwy 264 & the Navy Shell Ditch shoreline, northeast of Stumpy Point, Dare County. The organic soils of the adjacent Alligator River National Wildlife Refuge are combinations of muck and peat; the mineral soils are mixtures of sands, silts, and clays, usually with sandy topsoil. The Refuge's vegetation includes High and Low Shrub Pocosin, Loblolly Pine (Pinus taeda), Cypress, Black Gum and brackish and freshwater marsh. The Refuge's shoreline along the Pamlico Sound is natural with an eroding peat shoreline, intermingled with a few small sandy beaches. Coastal Wetlands along the shore are primarily Salt meadow cordgrass (Spartina patens), Salt grass (Distichlis spicata) and Saw grass (Cladium jamaicense), with some areas of non -coastal wetlands. Several drainage ditches cross through the Refuge. The total length of the tract's shoreline is 24,355'. The project site has a total of 9,625 acres. The approximate elevation of the tract that is above normal water level (NWL) is 1-2'. The water depths at the project site are noted as -2' and -T. The bottom substrate is sand. The shoreline adjacent to the project site is approximately 9,279' east of Hwy 264. Erosion along the project shoreline has been reported by the applicant at 10' within the last 12 months. Using historical and current aerial photography, the applicant has noted that erosion rates along the shoreline were calculated in excess of 40' per year. Previous permitting history for activities adjacent the Refuge in the Pamlico Sound include: • Major Permit (MP) #08-10, issued to The Nature Conservancy on 01/22/2010 for the construction of 4, 1 00'offshore sills constructed within the NC Division of Marine Fisheries Research Sanctuary Proclamation Area. Project Name: Point Peter Oyster Reef Restoration. • MP #08-10 Major Modification issued 10/07/2010 for the construction of 800 Ift of offshore oyster reef sills using oyster shell bags and marl. The focal point of development was waterward of Point Peter Road, with additional sites to the north and south of Point Peter, both adjacent to secondary drainage ditches. • MP #08-10 Minor Modification issued 11/08/2010 for the installation of a piling south of Point Peter Road for water quality monitoring equipment. There are no archaeological sites located near the proposed project site. No submerged aquatic vegetation (SAV) were found within the project area during sampling in the period of 2009-2011, nor during a survey on July 27, 2017. The adjacent waterbody is the Pamlico Sound of the Pasquotank River Basin. The waterbody is classified as SA and High Quality Waters (HQW) and is open to commercial shellfishing. The waters of Pamlico Sound are designated as Coastal Waters. Field Investigation Report: US Fish & Wildlife Service I The Nature Conservancy Page 3 Development Proposal The Nature Conservancy is proposing to construct 500' of oyster reef sills (4, 100' segments at 20' wide and 3.5' tall; 4, 25' segments at 20' wide and 3.5' tall). A shallow water barge will be used for the construction of all the offshore oyster reef sills. The sill construction material will be Class C riprap limestone fossil rock (aka marl). The structures will be arranged parallel to the shore at an average distance of 90' waterward of NWL and a maximum distance of 105' waterward of NWL. These sills will be an extensq existing 200 Ift oyster reef sill currently along the shoreline, and will be place ehind-those reefs to allow for a step -like design between adjacent segments. White PVC pipes will be used to mark the ends of each reef section. Yellow reflectors will be installed at least 3' above NWL at the end of each sill section. The purpose of these sills is to attenuate wave energy and reduce erosion, create conditions to establish shallow -water habitat, and restore native oyster habitat. It is noted that NEPA approval for this project has been secured through The Nature Conservancy's partnership with the NC Coastal Federation under a grant agreement with the National Oceanographic and Atmospheric Administration (NOAA). Anticipated Impacts Construction of the breakwater/sills will result in the filling of 10,000 sf of shallow water bottom of the Public Trust Area and Estuarine Waters AECs. Installation of the sills will result in temporary turbidity in the immediate project area. Submitted by: Yvonne Carver Date: 02/15/18 RECEWED FE& 2 0 ? 018 A48 C1T9' MUM Received APPLICATION for Melor Development Permit DMEC (last revised 12127106) ,1? North Carolina DIVISION OF COASTAL 1. Primary AppgcanV Landowner Information IJ18 Business Name Project Name (K applicable) r fj United States Fish And Wildlife Service Extension of Alligator River shoreline oyster reef •�� y Applicant 1: First Name MI Last Name Becky Harrison Applicant 2: First Name MI Last Name If additional appricants, please attach an additional page(s) with names listed. Mailing Address PO Box City State Alligator River National Wildlife Refuge 1969 Manteo NC ZIP Country Phone No. FAX No. 27954 Dare 252 - 473 -1131 ext. 231 252 - 473 -1668 Street Address (if different from above) City State ZIP 100 Conservation Way Manteo NC 27954- Email rebecca_harrison@fws.gov 2. Agent/Contractor Information Business Name The Nature Conservancy Agent/ Contractor 1: First Name MI Last Name Aaron J McCall Agent/ Contractor 2: First Name MI Last Name Brian Boutin Mailing Address PO Box City State 701 West Ocean Acres Drive Kill Devil Hills NC ZIP Phone No. 1 Phone No. 2 27948 252-441-2525 ext.2 252-411-2525 ext.6 FAX No. Contractor M 252 441 1271 Street Address (if different from above) City State ZIP Email ajmccall@tnc.org; bboutin@tnc.org <Form continues on back> 252-808.2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net Forth DCM MP-1 (Page 2 of4) �eC�f�e� APPLICATION for i Major Development Permit i 3:-'ProjectLocation County (can be multiple) Street Address - -- State Rd. # Dare E of Hwy 264 Subdivision Name City State Zip None Stumpy Point NC 27953/27978 - Phone No. Lot No4s) (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? f. 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 (ft.) b. Size of entire tract (sq.ft.) 24,355 ft. 419,308,560 sq.ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 9625.7684 acres, NWL (normal water Wag (If many lot sizes, please attach additional page with a list) 1-2' ❑NHW or ®NWL e. Vegetation on tract Brackish and freshwater marsh, pond pine/giant cane pocosin, and cypress/gum swamp. res and uses now on tract and minor drainage ditches bisect the tract, including those running adjacent to Hwy 264. Fldentifyand ribe the existing land uses ad'acen to the proposed project site. ent to the project site is owned and managed by USFWS as part of the Alligator River National Wildlife Refuge with the purpose of habitat conservation for perpetuity. This land consists of brackish marsh and pocosin inland forests. h. How does local government zone the tract? the 1. Is the proposed project consistent with the applicable zoning? Vacant Land -Federal Govt zoning compliance certificate, if applicable) ❑Yes []No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a 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 ❑Yes []No ®NA National Register listed or eligible property? <Form continues on next page> 252-808.2808 1-888-4RCOAST .. www.nccoastalmanagement.not Form DCM MP-1 (Page 3 of 4) APPLICATION for Received Major Development Permit in. (i) Are there wetlands on the site? ®Yes []No ((''�� //''�� /J /� D (i) Are there coastal wetlands on the site? la M'E C ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes SNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. RE None CEIV ED FF,F, G o. Describe existing drinking water supply source. D None C�j� 44 p. Describe existing storm water management or treatment systems. Historic man-made ditch network draining into adjacent public trust waters. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial SPublic/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. This is an extension of an existing oyster reef site located on a section of high-energy estuarine shoreline, to further increase the benfds from these reefs which include: (i)attenuafing wave energy and reducing rates of erosion in order to increase the resilience of shoreline ecological communites to sea level rise, (ii)create condition under which new shallow -water habitat can become established, and (iii) restoring native oyster habitat. 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. The reef would be comprised of Class C marl rip -rap or a similar hard substrate which will be deployed mechanically from a single shallow water barge using a single backhoe.The barge and other heavy machinery will be stored at the contractors place of business when not in use. d. List all development activities you propose. We propose to extend our currently permitted offshore marl oyster reef sill project along the eastern shoreline of Alligator River National Wildlife Refuge. This project's development activities will be waterward of Navy Shell Road and will include 500' of marl oyster reef sill (4 x 100'x20' sections and 4 x 25' x 20'sections). e. Are the proposed activities maintenance of an existing project, new work, or both? Extension of existing project/New work f. What is the approximate total disturbed land area resulting from the proposed project? N/A ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes SNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Navy Shell Road is an old drainage basin that runs parallel to a minor drainage ditch that connects directly to Pamlico Sound. Several other minor drainage ditches also bisect the tract. i. Will wastewater or stonnwater be discharged into a wetland? ❑Yea ❑No SNA If yes, will this discharged water be of the same salinity as the receiving water? [-]Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes ❑No ®NA If yes, attach a mitigation proposal. <Form continues on back> 252.808.2808 :: 1.888-4RCOAST ;: www.nccoastainianagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Addidonatinformadon In addition to this completed application fomr, (MP-1) the (ollawing items below, if applicable, must be submitted in order for the application package tobe complete. Items (a) - (t) are always applicable to any major development applicatlon. Please consult the application rnshuchon booklet on how top prepara'the .regmred items below. - a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c.' A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mall. 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 Mr. George S. Jackson - - Phone No. .Address 1523 Rivershore Road, Elizabeth City NC,27909 - - Name Mr. William S. Twiford, Sr. Phone No. Address PO Box 355, Maneto NC 27964 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 dates. DCM Permit No. 08-10, The Nature Conservancy, 1/2212010 DWO Project No. 09-0960, The Nature Conservancy, 9/17/09 COE Action Id. No. SAW-200901709, The Nature Conservancy, 9117/09 h. Signed consultant or agent authorization forth, if applicable. i. Wetland 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 the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 1/31/18 Print Name Aaron McCall Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information Rerceived DMEC 252-808.2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net Received Form DCM MP-2 Received EXCAVATION and FILL /'��(Q'�` (Except for bridges and culverts) ®!r!f!1'_ �'VED DCM-EC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all otfler 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 be0gk6a-in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 100ft and 25ft Width 20ft Avg. Existing Depth Final Project NA NA Depth a. Amount of material to be excavated from below NHW or NWL in cubic yards. 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 feet affected. ❑CW ❑SAV ❑SB _ OWL []None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner ®This section not applicable b. Type of material to be excavated. d. High -ground excavation in cubic yards. ®This section not applicable b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes []No ❑NA (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlandstmarsh f. (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 _ OWL ❑None (ii) Describe the purpose of disposal in these areas: (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? 252.808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12126/06 Form DCM RAP-2 (Excavation and Fill, Page 2 of 3) 3 "SHORELINE STABILIZATION . 'pThis section not applicable' (!f, development is a wood groin use MFR4 - Strristuras) a. Type of shoreline stabilization: b. Length: . 500'total (4 reefs 100' each and 4 reefs at 2V by 20' rlRul4FmA rlo:-..... fie.___,_._.__....,, ,�_.. .__.._ -w,. c: Average distance watenxard of NHW or NWL: 90' at Navy Shell •fit Width: 20' d. Maximum distance waterward of NHW or NWL: 105' at Navy Shell e. Type of stabilization material: p Class C mad rip -rap which will be free from loose dirt or any pollutants. The material will also be of a size sufficient to prevent Its movement from the approved alignment by typical or normal wave/current action. g. Number of square feet of fill to be placed below water level. Bulkhead ball _ Riprap _ Breakwater/Sill 10000 Other_ i. Source of fill material. N/A a. (i) Will fill material be brought to the site? -Dyes ( If yes, (11) Amount of material to be placed in the water fill) Dimensions of fill area _ (iv) Purpose of fill a. How will excavated or fill material be kept on site and erosion controlled? N/A e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (if) If yes, explain what type and how they will be implemented. 11J78/17 - Date Extension of Alligator River shoreline oyster reef at Navy Shell Project Name (i) Has there been shoreline erosion during preceding 12 months? ®Yes [--]No ❑NA (if) If yes, state amount of erosion and source of erosion amount infonnation.i, 10' based on repeated measurements of shoreline benchmarks h. Type of fill material. Class C marl riprap Received �Cl�d ..,_ r F_ DEC €� ®Cry -EC ®This section not applicable b. () Will fill material be placed in 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 OWL _ []None (if) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Shallow water barge and backhoe. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA Oil If yes, explain steps that will be taken to avoid or minimize environmental impacts. Aaron McCall (The Nature Conservancy) Applicant Name 252-808-2808 :: 1.888 4RCOAST :: www.nccoastalmanaaement net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 3 of 3) Received Applicant Signature C:� DCM-EG RECEIVED FFk x U 2018 DGM- MHD CITY Received DMEC 252.808-2808 :: 1.888-4RCOAST :: M ncceastalmananement.net revised: 12/26/06 I 1 1Received Received Form DCM MP-4 STRUCTURES DM p� DICTA -EC (Construction within Public Trust Areas) Ql�iYl" 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. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: b ❑Commercial ❑PubliGtGovernment ❑Private/Community c. (i) Dock(s) and/or pier(s) d (ii) Number (Ili) Length (iv) Width (v) Floating ❑Yes []No e. (i) Are Platforms included? ❑Yes []No f. If yes: (ii) Number _ (III) Length (iv) Width _ (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. (ii) Number of slips existing 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: _ m. (i) Will the facility have tie pilings? []Yes ❑No (ii) If yes number of tie pilings? 0This section not applicable (i) Will the facility be open to the general pim.". ❑Yes []NO i.•vv ED FF i.2 (i) Are Finger Piers included? ❑Yes ❑No U C018 If yes: Crvd.. aliiyCy CITY If Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No (i) Are Boatlifts included? []Yes ❑No If yes: (ii) Number (iii) Length (iv) Width Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or 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: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mined types). I. (1) Will the facility be open to the general public? []Yes ❑No 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Form ®CM MP-4 (Structures, Page 2 of 4) Received � - , - � , 2DOCWNG FAC%CITY/MARINA OPERATIONS ... ®This'section 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: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. Rersiv ., I ., ; DE" J.. DDiA-EC 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. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. _ i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard 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 marina/docking facility proposed within a primary or secondary nursery area? ❑Yes []No 252.808-2808 :: l.888.4RCOAST :: www.nccoastainiana-gement.net revised: 12/27/06 Form ®Cm MP-4 (Structures, page 4 of 4) a proximity of structure(s) to adjacent riparian property lines 89 at Navy Shell Road site Note: For buoy or mooting piling, use aro of swing including length ofvessel. c, Width of water body From the shoreline due east to Hatteras Island is 12.25 miles e (I) Will navigational aids be -required as a result of the project? []Yes ®No []NA (ii) If yes, explain what type and how they will be implemented. Yellow reflectors will be installed at least 3' above NWL at the terminus of each sill section. b. Proximity of structure(s) to adjacent docking facilities. N/A d. Water depth at waterward end of structure at NLW or NWL 3' at Nam hell Road site Received DCM-EC []This section nor apprlua"^ . OTHER a. Give complete description: permitted offshore mad oyster reef sill project adjacent to Alligator River National Wildlife We propose to extend our previously ructed at the Navy Z Refuge. We will add to the existing et o linear feet r marbetween will sills con. The materials w II t putShellonositead lus location. a shallow addition will consist of 5001inear feet of marl oyster reef sill which will be constructed in 4100 foot sections with 20' wide and 25' length by 20' wide segment behind reefs fish passages water barge. Each sill segment will be no mofe than 6' about NHW. ne' Call (fhe,Nature Conservancy) lame` 1 revised: 12127106 wt 252-808.2808 :: 1-888.4RCCAST :: ww.nccoastalmana ement.net Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? �j j ❑Yes ONO 1 ec&" C� o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh C (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet submerged aquatic vegetation (SA%0 shell bottom OCW OSAV OSB _ OWL ❑None D(1M_CC P Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ays 1 v t LL.> 11..s�Received If Yes• Siva the name and address of the iaaseholder(s), and give the proximity to the lease. OYes ONO 3. BOATHOUSE (including covered lift) a. (i) Is the boathouse structure(s): OCommercial OPubliciGovemment OPrivate/Community (ii) Number Oil) Length (iv) Width _ Note: Roofed areas are calculated from tinpline dimensions. 4. GROIN fe a rUCK groin, use Mp-2, Excavation a. rh ii ... and Fill.) 00 Length _ (iii) Width 5 BREAKWATER (e.g., wood, sheefpile, etc.) a. Length 500�en c. Maximum distance beyond NHW, NWL or wetlands 105' at Navy Shell 8. MOORING I%LINGS an UBUB Od S a. Is the structure(s): ❑Commercial ❑PubliUGOvemment ®Pdvate/Community O. Distance to be placed beyond shoreline g0' Note: This should be measured from marsh edge, tf present. e. Arc of the swing N/A 7. GENERAL C RE, a F z u 2018 ®C--''r"0 `CITY ®This section nor applicabc I OThts section not applicable b. Average distance from NHW NWL or wetlands 90' at Navy Sheii ❑This section not applicable b. Number N/A d. Description of buoy (color, inscription, size, anchor, etc.) White pvc pipes will be in place to mark the ends of each reef sections. 252-808.2808 :: 1.888-4RCOAST :: www"ccoastaimana ement.net revised: 12/27/06 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: US Fish & Wildlife Service/The Nature Conservancy County: Dare LOCATION OF PROJECT: USFWS Alligator River National Wildlife Refuge, East of HWY&Z1ShQl1 Ditch, Stumpy Point VV E DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: February 1, 2018 ^^ FE, l 0 2018 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: Q M- A01 CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES D CITY FIELD REPRESENTATIVE: Yvonne Carver .j DISTRICT OFFICE: Elizabeth Ciri DISTRICT MANAGER REVIEW: Date: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: Advertise: 2/21/18 FEE REC'D: $ 400 (60/40%) END OF NOTICE DATE: Comments due: 3113118 ADJ. RIP. PROP NOTICES RECD: DEED REC'D: / APPLICATION ASSIGNED TO: G. rtal ON: 7-/2o//$ C) 75 DAY DEADLINE: 4/17/18 150 DAY DEADLINE: 7/1l 12 MAIL OUT DATE: Circulation: 2/16/18 FEDERAL DUE DATE: STATE DUE DATE: Comments due: 3/9/18 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY I� 7Tti3 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency S/7/(6 Division of Community Assistance 3/2 jc Land Quality Section--DEMLR of D WR/DWQ — Aquifer Protection DWR/DWQ - Storm Water DWR—Public Water Supply State Property Office Division of Archives & History —Cultural Res. Division of Env. Health —Shellfish Sanitation Division of Highways --DOT Wildlife Resources Commission Local Permit Office/Planning Dept.h DMF—DCM Fisheries Resource Specialist Corps of Engineers (1 ( 201' j-00oo Kok v4deb x Dq -c%0 Jf RECEIVED/NCDENR/DWR FEB 2 0 2018 Coastal Management ENVIRONMENTAL QUALITY Water Quality Regional Operations WashinSection Washington Ragionaloffice February 16, 2018 TO: Clif Whitfield, Environmental Engineer DWR -Public Water Supply Section, WaRO ROY COOPER Cw0mor MICHAEL S. REGAN semlary BRAXTON C. DAVIS Director FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish & Wildlife Service/The Nature Conservancy Project Location: USFWS Alligator.River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore mail oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint oil the proposed project and return this form by 03/09/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-390.1. When appropriate, in-depth comments with supporting.data are requested. REPLY:. This agency has no objection to the project as proposed. 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. SIGNED DATE - 'Nothing Compares.- .. StateoMoMCm UnalnAVbmwentel Qa tY1CoalalM—pmmt 401 S. Griffin St., Ste 3001 Dimbo City, NC27909 252-264-39011252-331-2951[fmt] K, rv. RECEIVED FEB 19 2018 Coastal Management DOA ENVIRONMENTAL QUALITY STATE PROPERTY February 16, 2018 OFFICE MEMORANDUM TO: Tim Walton, Director State Property Office ROY COOPER MICHAEL S. REGAN s',mam BRAXTON C. DAVIS Uirenur RECEIVED FEB 2 8 Pw MP SECTION MHD FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish & Wildlife Servicefrhe Nature Conservancy Project Location: USFWS Alligator River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/09/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: s agency has no objection to the project as proposed. ►' 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. SIGNED ( ""I DATE 2,12 'Nothing Compares - State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-3901 1252-331-2951 [fax] 0 u \�..l L u V E FEB 2 12018 I L Shellfish Sanitation WaterQualit b qe"reationei Coastal Management y Sectipn ENVIRONMENTAL QUALITY February 16, 2018 TO: Shannon Jenkins Environmental Health- Shellfish Sanitation ROY COOPER covemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish & Wildlife Service/The Nature Conservancy Project Location: USFWS Alligator River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/09/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. / V 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. SIGNED f/ Q.K .� J DATE �$%//g F®2. SKRnnw J�nK�nS RECEIVED -^'Nothing Compares - , FEB 2 9 2018 State of North Carolina I Fnviroomental Quality I Coastal Management D C M - M H D CITY 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax] Bodnar, Gregg From: Thorpe, Roger Sent: Wednesday, February 28, 2018 4:02 PM To: Bodnar, Gregg Subject: CAMA Major - USFWS Alligator River National Wildlife Refuge oyster reef 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. sNevnttMENTAL aro managgement QUALITY ROY COOPER Govrnmr MICHAEL S. REGAN T,rcrcrory BRAXTON C. DAVIS I)Imry February 16, 2018 MEMO TO: Lee Padrick Division of Community Assistance Doug Huggett, Major Permits Coordinator FROM: c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE,& FILL Permit Application Review Applicant: US Fish & Wildlife Service/The Nature Conservancy Project Location: USFWS Alligator River National Wildlife Refuge, East of HWY. 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/09/18 to 400 Commerce Avenue Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. a�v REPLY: This agency has no objection to the project as proposed. ]ef!f7tis 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. SIGNED_ �, ��jG DATE Nothing Compares swc orNwb c mlrtm I Fsyimmmenml Q-1ily I Comm) Mmm6 nuM 401 S. Griain St.. sm 3001 MiWWII City, NC 27909 252-264-39011252-331-2951 JAXI 11W1. Coastal;Management ENVIRONMENTAL OOAIITY February 16, 2018 MEMORANDUM TO: 'ROY COOPER Govenror 1NR MICHABL S. REGAN. RECEIVED/NCDENR/D Seemlary BRAXTON C,, DAVIS FEB 2 0 202 lilmcror Water Quality Regional OperationsSoc8prt p Washington Recg:ou6i Ottice t0f�_O9(,:0 V5, Anthony Scarbraugh, DWR - Water Quality - 401, WaRO FROM- Doug Huggett, Major Permits; Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish & Wildlife Service/The Nature Conservancy Project Locationt USFWS Alligator River National Wildlife Refuge, East of. HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County. Proposed Project: Install'500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed,project.and return this form by03/09/18 to 400 Commerce Avenue, Morehead'City, NC 28557 (fax:,252-247-3330): If you have any questions regarding the proposed project, please:contact,Yvorme Carver at (252) 264-3901. When.appropriate, in-depth comments with:supporting data.are requested. REPLY: This agency has no objection to the project as proposed. r/ Thip agency has no comment on the proposed,preject. 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. DATE. 7 /S-11,K !-� Nothing Corrpares� -. Stale of North Carolina I Environmental Quality I Coastal Management 401 S. GriffiinSIL, Ste 3001 Elizabeth City, NC 27969 252-264-39011252-331.2951111m] NOT ► CAMA Water Resouree"s Environmental Qualht March 13, 2018 U.S. Fish and Wildlife Service- Alligator River National Wildlife Refuge Attn: Becky Harrison PO Box 1969 Manteo, NC 27954 ROY COOPER (knernor MICHAEL S. REGAN .Cerrlitrp LINDA CULPEPPER Interim Direcror D W R ## 09-0960 V5 DARE County Subject: APPROVAL OF'401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Extension of Alligator River Shoreline Oyster Reef— Navy Shell Rd Dear Ms. Harrison: You have our approvalfor the impacts listed below for the purpose described in your application dated February 16,2018 and received bythe Division.of Water Resources (Division) on February 20, 2018. These Impacts,are covered by the attached Water Quality Genera) Certification Number 4144'and the conditions listed below. This certification is associated with the use of LAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of 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, Nan -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 02B .0506(b)(c)] Type of Impact Amount Approved Amount Plan location/ (units) Reduced (units) Reference Permanent Temporary Attached Open Water -OW-1 (Marl Fill to Construct Sill) 0.23 (acres) 0 (acres) Sheets 2 of 3, 3 of 3 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certifications) 4144. [35A NCAC 02B .0507(c)] State of North Carolina I Environmental Quality I Water Resources-Wator Quality Regional, Operations Section -Washington Regional Office 943 Washington Square Mall, Washington: North Carolina 27889 252-946-6481- vDWR# 09-0960 V5 401 APPROVAL Page 2 of 3 Continuine Compliance 3. 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 4. This approval and its conditions are final and binding unless contested. [G.S.143-215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition Is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am 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, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Rules. Please contact Anthony Scarbraugh at 252-948-3924 or anthony.scarbraugh@ncdenr.sov if you have any questions or concerns. i i -'-N wrwo-HLLIVMIVn nwcn 14VVII DWR$i 09-0960 VS 401 APPROVAL Page 3 of 3 Sincerely, VW RobertTankaqAssistaegional Supervisor Water Quality Regional Operations Section Division of Water Resources,,NCDEQ Enclosures: GC 4144 Certification of Completion cc: Gregg Bodnar, DCM Morehead City Office (via email) Yvonne Carver, DCMElizabeth City (via email) Josh Pelletier, USACE'Wash ngton Regulatory Field Office (via email) Laserfiche File Aaron McCall, The Nature Conservancy (via email: ajmccall@tnc:org) STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO.4144 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS • REGIONAL GENERAL PERMIT NUMBER 198000201 (NC COASTAL AREA MANAGEMENT ACT), • NATIONWIDE PERMIT NUMBER 48 (COMMERCIAL SHELLFISH AQUACULTURE ACTIVITIES), NATIONWIDE PERMIT NUMBER 54 (LIVING SHORELINES) AND WHEN APPLIED, TO CAMA PERMITS, REGIONAL GENERAL PERMIT NUMBERS 1980000481 198700056, 197800080, 197800125 AND 198200277 AND NATIONWIDE PERMIT NUMBERS 3,12,13,14,18, 27, 29, 33, 35, 39, AND 54 Water Quality Certification Number 4144 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in Regional General Permits 198000291, 198000048, 198700056, 197800080, 197800125, and 198200277 and in 33 CFR 300 Appendix A (B) (3, 12. 13, 14,18, 27, 29, 33, 35, 39, 481 and 54) of the US Army Corps of Engineers Regulations. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Effective date: December 1, 2017 Signed this day: December 1, 2017 By 10011, for Linda Culpepper Interim Director GC4144 IF Activities meeting any one (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Resources (DWR): a) If any of the Conditions of this Certification (listed below) cannot be met; or b) Activities authorized by CAMA permits, except for activities authorized by CAMA General Permits 1100, 1200, 1300, 1400, 1500, 1600, 1700, 1800, 1900, 2000, 2100, 2200, 2300, 2400, 2500, 2600, and 2700, provided the following criteria are met for the activities listed below: 1) Boat Ramps and associated access (i.e. roads and parking lots) that involve the excavation or filling of less than 500 square feet total of wetland and open water area, with the exception that the excavation or filling of coastal wetlands (as defined in 15A NCAC 07H .0205) shall not exceed 100 square feet; il) Shoreline protection measures (excluding living shorelines/marsh sills) that (1) tie Into existing bulkheads, land or other shoreline protection measures or (2) do not extend waterward of the normal high water or normal water line more than 10 feet, provided the activity will not Involve the excavation or filling of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as identified by the Division of Marine Fisheries) and Impacts less than 500 square feet total of wetland, with the exception that the excavation or filling of coastal wetlands (as defined In 15A NCAC 071-1.0205) shall not exceed 100 square feet; 111) Living shorelines/marsh sills where (1) the landward edge of the sill does not extend waterward of the normal high water or normal water line more than 30 feet, (2) the activity will not involve the excavation or fill of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as identified by the Division of Marine Fisheries), and (3) does not result in any fill landward of the toe of the sill alignment, provided the Division of Coastal Management representative, submits a copy of the written authorization for the General Permit to the Division upon Issuance; or iv) Piers and docks designed to accommodate up to but not exceeding 10 vessels (except where prohibited in Outstanding Resource Waters (ORW) as defined in 15A NCAC 02B.0225(7) & (8)) and where the water depth Is equal to or greater than two feet of water at normal low water level or normal water level (whichever is applicable); v) Maintenance dredging of less than 0.5 acres of open water or non - vegetated wetlands, provided that the applicant can provide documentation showing the historic dimensions of the dredged channel, and no SAV or shellfish beds are excavated or filled; vi) Projects that involve only shading of waters or wetlands that do not meet the criteria listed in Item (v) above; vii) Utility lines, except wastewater lines and potable water discharge lines which are subject to an NPDES Permit, as long as all impacts are temporary; viii)Upland development which Involves no more than 1/10 of an acre of excavation or filling of non -coastal wetlands, with the exception than.no Page 2of12 I GC4144 more than 2,000 square feet of the non -coastal excavation or filling may take place within a Coastal Shoreline Area of Environmental Concern (AEC). For the purposes of this area calculation, the excavation or filling impacts of the entire project shall be considered, which may include boat ramps, bulkheads or other shoreline stabilization measures; and Ix) Single family home construction that results in fill of 404 jurisdictional wetlands as long as written concurrence is not required from DWR for the applicable US Army Corps of Engineers Nationwide Permit; or c) Commercial shellfish aquaculture activities that qualify for Nationwide Permit 48, provided the Division of Marine Fisheries (DMF) Lease Program submits the proposed site map and investigation report to DWR for comment prior to the DMF Director's recommendation on the application for public notice or denial; or d) Any stream relocation or stream restoration; or e) Any high -density project, as defined in 15A NCAC 02H .1O03(2)(a) and by the density thresholds specified in 15A NCAC 02H .1017, which: 1) Disturbs one acre or more of land (including a project that disturbs less'than one acre of land that is part of a larger common plan of development or sale); and ii) Proposes permanent wetland, stream or open water impacts; and 111) Proposes new built -upon area; and Iv) Does not have a stormwater management plan reviewed and approved under a state stormwater program' or a state -approved local government stormwater program2. Projects that have vested rights, exemptions, or grandfathering from state or locally - implemented stormwater programs and projects that satisfy state or locally - Implemented stormwater programs through use of community In -lieu programs require written approval; or f) Any Impacts except shading to SAV or significant shellfish resources as identified by the (DMF); or g) Any impacts Unique Wetlands (UWL); or h) Any Impact associated with a Notice of Violation or an enforcement action for violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or 1) Any Impacts to subject water bodies and/or state regulated riparian buffers along subject water bodies in the Neuse or Tar -Pamlico River Basins (or any other basin or watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) unless. 1) The activities are listed as "EXEMPT' from these rules; or ii) A Buffer Authorization Certificate Is issued by the NC Division of Coastal Management (DCM); or ' e.g. Coastal Counties, HOW, ORW, or state -Implemented Phase II NPDES x e.g, Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater Management Program Page 3 of 12 GC4144 ►I ili) A Buffer Authorization Certificate or a Minor Variance Is Issued by a delegated or designated local government Implementing a state riparian buffer program pursuant to 143-215.23. Activities Included in this General Certification that do not meet one of the thresholds listed above do not require written approval. I. ACTIViiTY SPECIFIC CONDITIONS: 1. The effluent water from the dredge spoil shall not be released into open shellfish waters unless Shellfish Sanitation and the DWR Washington (252-946-6481) or Wilmington (910-796-7215) Regional Office, as applicable, are notified and provide approval prior to the release. [15A NCAC 02B .0221] 2. If this Water Quality Certification is used to access residential, commercial or Industrial building sites, then all parcels owned by the applicant that are part of the single and complete project authorized by this Certification must be buildable without additional impacts to streams or wetlands. If required in writing by DWR, the applicant shall provide evidence that the parcels are buildable without requiring additional impacts to wetlands, waters, or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (c)(4)] 3. For road construction purposes, this Certification. shall only be utilized from natural high ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)] 4. Deed notifications or similar mechanisms shall be placed on all lots with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put In place at the time of recording of the property or individual parcels, whichever is appropriate. [15A NCAC 02H .0506(b)(4) and (c)(4)] 5. For living shorelines, the sills shall have at least one five-foot opening every 100 feet and may be staggered or overlapped or left open as long as the five-foot separation between sections is maintained. Overlapping sections shall not overlap more than 10 feet. [15A NCAC 02H .0506(b)(4) and (cK4)] 6. For living shorelines, the permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase In sedimentation and turbidity within waters and wetlands outside the permitted area. This shall include, but Is not limited to, the immediate Installation of silt fencing, turbidity curtains or similar appropriate devices around all areas subject to soil disturbance. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act and the Mining Act of 1971. [15A NCAC 02H .0506(b)(4) and (c)(4)] Page 4 of 12 I GC4144 7. Living shorelines in Primary Nursery Areas (as designated by the NC Marine Fisheries Commission) shall be coordinated with the appropriate NC Wildlife Resources Commission (WRC), National Marine Fisheries Service (NMFS) and NC Division of Marine Fisheries (DMF) personnel. [15A NCAC 02B .0221] 8. For the North Carolina Department of Transportation, compliance with the NCDOT's individual NPDES permit NCS000250 shall serve to satisfy this condition. All other high- density projects that trigger threshold Item (f) above shall comply with one of the following requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)] a. Provide a completed Stormwater Management Plan (SMP) for review and approval, including all appropriate stormwater control measure (SCM) supplemental forms and assoclated Items, that complies with the high -density development requirements of 15A NCAC 02H .1003. Stormwater management shall be provided throughout the entire project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC 02H .1003(2)(a), density thresholds shall be determined in accordance with 15A NCAC 02H .1017. b. Provide documentation (including calculations, photos, etc.) that the project will not cause degradation of downstream surface waters. Documentation shall Include a detailed analysis of the hydrological Impacts from sormwater runoff when considering the volume and velocity of stomtwater runoff from the project built upon area and the size and existing condition of the receiving stream(s). Exceptions to this condition require application to and written approval from DWR. II. GENERAL CONDITIONS: 1. When written authorization is required, the plans and specifications for the project are incorporated Into the authorization by reference and are an enforceable part of the Certification. Any modifications to the project require notification to DWR and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502) 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts) as authorized in the written approval from DWR; or beyond the thresholds established for use of this Certification without written authorization. [15A NCAC 02H .0501 and .05021 No removal of vegetation or other Impacts of any kind shall occur to state regulated riparian buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or as listed as an exempt activity In the applicable riparian buffer rules. [15A NCAC 02B .0200] 3. In accordance with 15A NCAC 02H .0506(h) and Session Law 2017-10, compensatory mitigation may be required for losses of greater than 300 linear feet of perennial streams and/or greater than one (1) acre of wetlands. Impacts associated with the removal of a dam shall not require mitigation when the removal complies with the requirements of Part 3 of Article 21 in Chapter 143 of the North Carolina Page 5 of 12 GC4144 G General Statutes. Impacts to isolated and other non-404 jurisdictional wetlands shall not be combined with 404 jurisdictional wetlands for the purpose of determining when impact thresholds trigger a mitigation requirement. For linear publicly owned and maintained transportation projects that are not determined to be part of a larger common plan of development by the US Army Corps of Engineers, compensatory mitigation may be required for losses of greater than 300 linear feet per perennial stream. Compensatory stream and/or wetland mitigation shall be proposed and completed in compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a project site, a complete mitigation proposal developed In accordance with the most recent guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted for review and approval with the application for impacts. 4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2 of Title 15A. 5. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall Incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. 115A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0200) Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, Installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. 6. Sediment and erosion control measures shall not be placed in wetlands or waters except within the footprint of temporary or permanent impacts authorized under this Page 6 of 12 I ` GC4144 Certification. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0501 and .0502] 7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02B .0201] B. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If the project is covered by this permit, full compliance with permit conditions Including the erosion & sedimentation control plan, Inspections and maintenance, self -monitoring, record keeping and reporting requirements Is required. [15A NCAC 02H .0506(b)(5) and (c)(5)] The North Carolina Department of Transportation (NCDOT) shall be required to be In full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H .0506(b)(5) and (c)(5)] 9. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation In flowing water. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506(b)(3) and (c)(3)] 10.If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning; or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. [15A NCAC 02H .0506(b)(2) and 15A NCAC 046.0125] All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. A copy of the approval from the resource agency shall be forwarded to DWR. Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of the US Army Corps of Engineers), or identified state or federal endangered or threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 11.Culverts shall be designed and installed In such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the Page 7 of 12 GC4144 P stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)] Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If multiple pipes or barrels are required, they shall be designed to mimic the existing stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel shall be avoided. When topographic constraints Indicate culvert slopes of greater than 5%, culvert burial is not required, provided that all alternative options for flattening the slope have been Investigated and aquatic life movernent/connectivity has been provided when possible (e.g. rock ladders, cross vanes, etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 60 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, Including supporting documentation such as, a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. If other site -specific topographic constraints preclude the ability to bury the culverts as described above and/or it can be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application to and written approval from DWR. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result In destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable Instead of rip -rap or other bank hardening methods. Page 8 of 12 GC4144 12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site -appropriate means to the maximum extent practicable (e.g. grassed swales, preformed scour holes, vegetated buffers, etc.) before entering the stream. —Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506(b)(5)] 13.Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B .0200 and 15A NCAC 02B .0231 ] 14.If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B .0200] 15.AIi proposed and approved temporary fill and culverts shall be removed and the Impacted area shall be returned to natural conditions within 60 calendar days after the temporary Impact is no longer necessary. The Impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, planform pattern, and longitudinal bed profile. For projects that receive written approval, no temporary impacts are allowed beyond those included in the application and authorization. All temporarily impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)] 16.AII proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be Installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dls-equilibrium during use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)] 17.Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original stream elevation and streambank contours are restored and maintained. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or in a manner that precludes aquatic life passage. [15A NCAC 02H .0506(b)(2)] 18.Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be Installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)] Page 9 of 12 GC4144 it 19.Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Wooden and Rip -rap Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. 20.All mechanized equipment operated near surface waters shall be Inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. [15A.NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)] 21.Heavy equipment working in wetlands shall be placed on mats or other measures . shall betaken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)] 22.In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. 23.If. an environmental document is required under the State Environmental Policy Act (SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is Issued by the State Clearinghouse. If an environmental document is required under the National Environmental Policy Act (NEPA), then this General Certification is not valid until a Categorical Exclusion, the Final Environmental Assessment, or Final Environmental Impact Statement is published by the lead agency [15A NCAC 01C .0107(a)] 24.This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, Including those required by, but not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. 25.The applicant and their authorized agents shall conduct all activities In a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. if DWR determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law Is being violated, or that further conditions are necessary to assure compliance, then DWR may revoke or modify a written authorization associated with this General Water Quality Certification. [15A NCAC 02H .0507(d)] Page 10 of 12 GC4144 26.The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit In the construction and maintenance of this project, and shall provide each of Its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 27.When written authorization is required for use of this Certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return a certificate of completion (available on the DWR website httos:/Iedocs.deo.ne.cov/Forms/Certificate-of- Comoletion). [15A NCAC 02H .0502(f)] 28.Additlonal site -specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Certification in order to ensure compliance with all applicable water quality and effluent standards. [15A NCAC 02H .0507(c)] 29.If the property or project is sold or transferred, the new permittee shall be given a copy of this Certification (and written authorization if applicable) and is responsible for complying with all conditions. [15A NCAC 02H .0501 and .0502] Ill. GENERAL CERTIFICATION ADMINISTRATION: 1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. An applicant for a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water Quality Certification is required shall only make one payment to satisfy both agencies; the fee shall be as established by the Secretary In accordance with 143-215.310(e)(7). 2. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or any right of use in any waters. This Certification does not authorize any person to Interfere with the riparian rights, littoral rights, or water use rights of any other person and this Certification does not create any prescriptive right or any right of priority regarding any usage of water. This Certification shall not be Interposed as a defense In any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was Initiated or expanded. 3. This Certification grants permission to the Director, an authorized representative of the Director, or DWR staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .0502(e)] 4. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide Permit and/or Regional General Permit. The conditions in Page 11 of 12 GC4144 1 effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. This General Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the corresponding Nationwide Permits and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Resources. 5. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result In criminal and/or civil penalties. 6. The Director of the North Carolina Division of Water Resources may require submission of a formal application for Individual Certification for any project In this category of activity if it is deemed in the public's best interest or determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the water or downstream waters are precluded. History Note: Water Quality Certification (WQC) Number 4144 issued December 1, 2017 replaces WQC 4097 issued March 6, 2017; WQC Number 3900 issued March 19, 2012; WQC Number 3641 and 36421ssued March 19, 2007, WQC Numbers 3371 and 34001ssued March 18, 2002; WQC Number 3274 issued June 1, 2000, WQC Number 31121ssued February 11, 1997, and WQC Number 30251ssued September 6, 1995. Page 12 of 12 Coastal Management ENVIRONMENTAL QUALITY February 16, 2018 MEMORANDUM TO: RECEEV�_D MAR 06 2018 DCM- MHD CITY ROY COOPER Gomm, MICHAEL S. REGAN tircremty BRAXTON C. DAVIS Dirccw Richard Peed, Erosion & Sedimentation Control Division of Energy, Minerals & Land Resources, WaRO FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish & Wildlife Service/The Nature Conservancy Project Location: USFWS Alligator River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster Yeef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/09/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. s 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 inthe attached comments. I SIGNED � D-J DATE Nothing Compares Stme of North Carolina I FnvfronmenNl Quality I Coastal Niauagemmt 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951 ]fax] A Coastal Management ENVIRONMENTAL QUALITY February 16, 2018 MEMORANDUM TO: Charlan Owens, District Planner Division of Coastal Management ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish & Wildlife Service/The Nature Conservancy Project Location: USFWS Alligator River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/09/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. 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 obje is to project for reasons described in the attached comments. .%�' / DATE7h_ t; It �''� RECEIVED MAR 1 4 2018 -^"Nothing Compares MAR 12 2018 State ofNorth Carolina 1 Elizabeth Quality Coastal Management DCM- D 401 S. Griffin St., Ste 300 � Elisabett h City, NC 27909 MP SECTION MHD 252-264-39011252-331-2951 Jim] 300C1 Coastal Management ENVIRONMENTAL OUALITV MEMORANDUM TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coast I Management FROM: Charlan OwerCP, NE District Planner Division of Coastal Management ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director SUBJECT: Major Permit Request by the U. S. Fish and Wildlife Service (USFWS) and The Nature Conservancy to install four (4) 20 foot wide by 100 foot long and four (4) 20 foot wide by 25 foot long oyster reef sills in the Pamlico Sound; east of the Navy Shell Ditch at the Alligator River National Wildlife Refuge, adjacent to mainland Dare County. DATE: March 7, 2018 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 project area is in the Pamlico Sound, just east of the Navy Shell Ditch at the Alligator River National Wildlife Refuge, 140 to 260 feet offshore. Water depths at the project area are -2 feet to -3 feet. The natural shoreline along the Alligator River National Wildlife Refuge consists of eroding peat interspersed with a few small sand beaches and Section 404 wetlands, while Coastal Wetlands predominate. Shoreline erosion adjacent to the project area has been reported by the applicant as 10 feet within the last 12 months. Two (2) 10 foot wide by 100 foot long offshore marle oyster reef sills are located directly east of the Navy Shell Ditch, approximately 100 feet from the shoreline, as authorized under CAMA Major Permit #08-10. Installation of four (4) 20 foot wide by 100 foot long and four (4) 20 foot wide by 25 foot long oyster reef sills is proposed. The sills will be 3.5 feet tall. The sills will be arranged parallel to the shoreline and will be an extension of the existing sills. The waters of the Pamlico Sound in this area are designated as Class SA waters and are open to shellfishing. No submerged aquatic vegetation was observed in the project area. No archaeological sites are located in the immediate vicinity of the project area. Anticipated Impacts resulting from this project are expected to include: the filling of .23 acre of Public Trust Area/Estuarine Waters Area of Environmental Concern (AEC). OQ6l1 fi s are proposed. RECEIVED MAR 1 A 2018 Nothing Compares MAR 12 2018 State of North Carolina I Environmental Quality I Coastal Management Elizabeth City Office 1 401 South Gr ffin Street Suite 300 1 Elizabeth City. North Carolina 2mj r! �.J - M H D CITY MP SECTION MHD 2522643901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 3 The purpose of this project is to attenuate wave energy and reduce erosion, create conditions to establish shallow water habitat and restore native oyster habitat. 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: R'ECEIVED,arine Systems MAR 1 d 2018 Nothing Compares RECEIVED MAR 12 2018 DCM- MHD CITY State of North Carolina I Environmental Quality l Coastal Management 6t A SECTION 1 IFliiddhCtry Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City. North Carolina 27909 C I C 'VN �Vi� D 2522643901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 3 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 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 RECEIVwffgE areas by the Division of Marine Fisheries..." RE L `;j isD MAR 1 n 2018 Nothing Compares_ MAR 1$ 2m State of North Carolina I Environmental Quality I Coastal Management DC M - M "4 D CITY Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 MP SECTION M 252 2643901 T Coastal Man ENVIRONMENTAL February 16, 2018 MEMORANDUM TO: ROY COOPER Govurior M'ICHAEL S. REGAN RECEIVED suavary C. DAVIS FEBBRAXTON EB 2 0 2M Dhrdor mm-rishanu WARO RECEIVED ED MAR 1 2 2018 Shane Staples, Fisheries Resource Specialist ASP SECTION MHD Division of Coastal Management, WaRO FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish &'Wildlife Service/The Nature Conservancy Project Location: USFWS Alligator River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/09/18 to 400 Commerce Avenue. Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: agency has no objection to the project as proposed. 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 mments SIGNED DATE �7,1$Pl/o <^ Nothing Compares, ,.. State of North Caogna I Favinuarmatal QualOy I Coastal Management 401 S.'Gdfrin St., Ste 3001 Rlinbel6 City, NC 27909 252.264-39011252-331-2951(fac] 0 Coastal Management ENVIRONMENTAL OLIALITY MEMORANDUM TO: Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management, Morehead City ROY COOPER 0".1111,,, MICHAEL S. REGAN s,-roxar„„ BRAXTON C. DAVIS U "',...' THROUGH: Frank Jennings, District Manager Northeastern District, Division of Coastal Marfagement FROM: Yvonne Carver, Field Representative DATE: March 12, 2018 SUBJECT: USF&WS/The Nature Conservancy; Recommendations for Major Permit; Project: Oyster Reef Sill, Stumpy Point The applicant proposes to construct 500' of oyster reef sills in the Pamlico Sound approximately 90 feet offshore and adjacent to the USFWS Alligator River National Wildlife Refuge, East of Hwy 264 & the Navy Shell Ditch shoreline, northeast of Stumpy Point, in Dare County. A shallow water barge will be used for the construction of the offshore oyster reef sills, and the construction material will be Class C riprap limestone fossil rock. The structures will be arranged parallel to the shore at an average distance of 90' waterward of NWL and a maximum distance of 105' waterward of NWL. The development proposal involves the Public Trust Area and Estuarine Waters AECs. I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this proposal, and my findings are as follows: 15A NCAC 07H .0203 MANAGEMENT OBJECTIVE OF THE ESTUARINE AND OCEAN SYSTEM It is the objective of the Coastal Resources Commission to conserve and manage estuarine waters, coastal wetlands, public trust areas, and estuarine and public trust shorelines, as an interrelated group of AECs, so as to safeguard and perpetuate their biological, social, economic, and aesthetic values and to ensure that development occurring within these AECs is compatible with natural characteristics so as to minimize the likelihood of significant loss of private property and public resources. Furthermore, i is the objective of the Coastal Resources Commission to protect present common-law and statutory public rights of access to the lands and waters of the coastal area. The proposed development is consistent with this rule. 'Nothing Compares t 6 2018 State of North Carolina I Environmental Quality I Coastal Management ' 1' 401 S. Gnffin St., Ste 300 1 Eli.beth City, NC 27909 252-264-3901I252-331-2951[fax] .nl�� CITY Division of Coastal Management_ -_- North Carolina Department of Environmental Quality USF&WSrrhe Nature Conservancy Recommendation Page 2 of 3 Date: 03/12/18 15A NCAC 07H.0206 ESTUARINE WATERS (c) Management Objective. To conserve and manage the important features of estuarine waters so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing estuarine waters so as to maximize their benefits to man and the estuarine and ocean system. (d) Use Standards. Suitable land/water uses shall be those consistent with the management objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and their vital components. The purpose of the sills is to attenuate wave energy and reduce erosion, create conditions to establish shallow -water habitat, and restore native oyster habitat. The proposed development is consistent with this rule. 15A NCAC 07H .0207 PUBLICTRUST AREAS (c) Management Objective. To protect public rights for navigation and recreation and to conserve and manage the public trust areas so as to safeguard and perpetuate their biological, economic and aesthetic value. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be used by the public for navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such uses shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are considered incompatible with the management policies of public trust areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. The proposed sills will be an extension to an existing 200 Ift oyster reef sill along the shoreline, and will be plat a in ose reefs to allow for a step -like design between adjacent segments. The water depths at the project site are -2' to W. White PVC pipes will be used to mark the ends of each reef section and yellow reflectors will be installed a minimum of 3' above NWL at the end of each section. Although the sills will be placed 90 feet offshore, the closest landmass is 6+ nautical miles to the east of the project site. The development will not block or impair navigation. Division of Coastal Management North Carolina Department of Environmental Quality USFBWSrrhe Nature Conservancy Recommendation Page 3 of 3 Date: 03/12/18 The proposed development is consistent with this rule. 15A NCAC 07H .0208 USE STANDARDS (a) General Use Standards (1) Uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas... Uses that are water dependent include: utility crossings, wind energy facilities, docks, wharves, boat ramps, dredging, bridges and bridge approaches, revetments, bulkheads, culverts, groins, navigational aids, mooring pilings, navigational channels, access channels and drainage ditches; (2) Before being granted a permit, the CRC or local permitting authority shall find that the applicant has complied with the following standards: (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; (B) Development shall comply with state and federal water and air quality. (C) Development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural resources; (D) Development shall not increase siltation; (E) Development shall not create stagnant water bodies; (F) Development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources; and (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. The proposed development is water dependent, no SAVs were found within the project area, and the location is not within a primary nursery area. There are no known archaeological sites located near the project site. The proposed development is consistent with this rule. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application and plans to construct 500' of oyster reef sills meet the intent of the rules of the CRC. I recommend a permit be issued to the US Fish and Wildlife Service/The Nature Conservancy as requested, with standard permit conditions. Coasta(Management ENWRONNENTAL QUALITY February 16, 2018 MEMORANDUM TO: Received: 03/01/ 2018 State Historic Preservation Office ROY COOPER Gamma MICHAEL S. REGAN GHW N0I133S dVA secivmy BRAXTON C. DAVIS 8[oz 8 z ON °"ae'a a3 \I333H Renee Gledhill -Early NC Department of Cultural Resources ER 18-041.1 FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator _Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish & Wildlife Service/The Nature Conservancy Due -- 3/9/18 A C, Project Location: ,USFWS Alligator River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 63/09/18 to 400 Commerce Avenue.,Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED f DATE �" ldothtng Compares—, State of Noah Carolina I Emitunmental Quality I Coastal Management 401 S.GriRm=S1764300 9901125 - 329� ifa; °' MAR 0 2 2018 03VI303R PT C PAP OHM HOIT03' "" Coastal Management ENVIRONMENTAL QUALM February 1:6, 201 TO: C . t1B• 02.•-lbw• Oy Maria Tripp Dunn NC Wildlife Resources Commission ROY`COOPER Gn mor MICHAEL S. REGAN Secrerny BRAXTON C. DAVIS Direclor FROM'. Doug Huggett, Major Permits Coordinator 11 c/o Gregg Bodnar„Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: LAMA/DREDGE:& FILL PermitApplication Review Applicant: US Fish & Wildlife Service/The Nature Conservancy r'a Project Location: USFWS, Alligator River National Wildlife Refuge, East of $WY.264 8i Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along,the eastern shoreline of Alligator River National Wildlife. Please, indicate below your agency's position or viewpoint on.the.proposed project and return this form by.03/09/18cto 460 Commerce Avenue; Morehead City, NC28557 (fax: 252-247-3330). If you have any'guestions regarding the proposed project; please contact Yvonne Carver at (252)' 264-3901-. When appropriate, in-depth comments with supporting data are requested. REPLYr This agency has no. objection to the project as proposed. This agency has no comment on the,proposedproject. 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. SIGNED— DATE 3.91WEMVE® -:"-'`Nothing Compares.. MAR 1 2 2018 Stato ofNonh Carolina I Environmental Quality I ComW Management 401 S. Griffin SL, Ste.300 [ Eliaabeth City, NC.27909 252-264-3901 1252-331-2951 (fm ] MP SECTION M H D April 17, 2018 Regulatory Division Action IDNo. SAW- 2ol�j-bb38�' Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mrs. Becky Harrison and the US Fish and Wildlife Service to construct four 100 ft sections (20ft wide by 3.5 feet tall) and four 25 ft sections (20 feet wide by 3.5 feet tall) using class C riprap limestone fossil rock (marl), an average of 90 feet offshore, in the Pamlico Sound, off Navy Shell Ditch, near Stumpy Point, in Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or, any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, Josh Pelletier Regulatory Project Manager Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Frank Jennings, District Manager Elizabeth City Field Office North Carolina Division of Coastal Management Bodnar, Gregg From: Pelletier, Josh R CIV CESAW CESAD (US)<Josh.R.Pelletier@usace.army.mil> Sent: Wednesday, April 18, 2018 10:50 AM To: Bodnar, Gregg Subject: RE: [External] Navy Shell CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Sorry, its SAW-2018-00388 -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Wednesday, April 18, 2018 7:59 AM To: Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.army.mil> Subject: [Non-DoD Source] RE: [External] Navy Shell Hey Josh, Thanks for the comments. I noticed that the attachment didn't have the SAW number filled in. Do you have the number handy? Thanks again, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg.Bodnar@ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Pelletier, Josh R CIV CESAW CESAD (US) [mailto:Josh.R.Pelletier@usace.army.mil] Sent: Tuesday, April 17, 2018 3:36 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: [External] Navy Shell CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Mr. Huggett, The U.S. Army Corps of Engineers, Wilmington District has authorized Mrs. Becky Harrison and the US Fish and Wildlife Service for Department of the Army authorization to construct four 100 ft sections (20ft wide by 3.5 feet tall) and four 25 ft sections (20 feet wide by 3.5 feet tall) using class C riprap limestone fossil rock (marl), an average of 90 feet offshore, in the Pamlico Sound, off Navy Shell Ditch, near Stumpy Point, in Dare County, North Carolina. This authorization was issued via Programmatic General Permit 198000291 CAMA (NC Coastal Area Management Act). All terms and conditions of this permit apply. Please attach the following SPECIAL conditions in this permit. All work authorized by this permit must preformed in strict compliance with the attached plans, which are a part of this permit. Any modification of these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 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 Fax: (252) 975-1399 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: Blocked http://co rpsma pu. usace.a rmy: m it/cm_a pex/f?p=136:4:0 Thank you for taking the time to visit this site and complete the survey. Coastal Management ENMONMENTAL QUALITY April 16, 2018 The Nature Conservancy Aaron McCall 701 West Ocean Acres Dr. Kill Devil Hills, NC 27948 Dear Mr. McCall, ROY COOPER Governor MICHAEL S. REGAN seaetory BRAXTON C. DAVIS Director Pk 'tr This letter is in reference to your application for a Coastal Area Management Act Major Permit to undertake development activities to construct an offshore sill within Pamlico Sound near Stumpy Point Sound, in Dare County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make July 1, 2018 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely; W Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM Morehead City State of North Carona I Environmental Quality 1. Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 Coastal Management ENVIRONMENTAL QUALITY The Nature Conservancy 701 West Ocean Acres Dr. Kill Devil Hills, NC 27948 Dear Sir or Madam: May 16, 2018 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS olrecrar S 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 150B 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 ai i Douglas V. Huggett 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 Oty, NC 28557 252 808 2808 DCM Coordinator: / f Q permit #: _.. - -: MAH.ING DISTRl$UTION SHLET— mum Field Offices kh zabeth City l vo"e �ak.,cr(with revised work plan drawings) orehegd City Washington Wilmington US ACOE Offices: Washington: Wilmington: Cultural Resources: .Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: .. _ -.. (&®) ov— Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bertie, Currituck, Dare, Gates; Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECitylWashington District) Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pander) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Ponder) Renee Gledbill-Barley Heidi Cox (WIRO) Clif Whitfield (WARO) Shane Staples Curt Weychert David Harris Shannon Jenkins Tim Walton Karen Higgins Kristy Lynn Carpenter (NC DOT -All Projects) Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs - 401(Carteret, 0nslow, Pender, New Hanover) Chad Coburn —401(Brunswick) Georgette Scott - Stormwater Joanne Steenhuis - 401(NCDOT-Brunswick, New Hanover, Onslow, Ponder) Wildlife Resources: LPO: Fax Distribution: Maria Dunn (WARD) Petmittee #: Agent# 2 R Coastal Management ENVIRONMENTAL QUALITY February 16, 2018 Aaron McCall The Nature Conservancy 701 West Ocean Acres Drive Kill Devil Hills, NC 27948 Dear Mr. McCall: ROY COOPER MICHAEL S. REGAN BRAXTON C. DAVIS Director RFcAen/ FFR201018 C41 J41yo c/7-Y The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located East of Hwy 264 & Navy Shell Ditch, Stumpy Point in Dare County. It was received complete on February 1, 2018, and appears to be adequate for processing at this time. The projected deadline for making a decision is April 17, 2018. 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 1, 2018, 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. -Not hilly Compare, - State of North Carolina I EnYlronmental Quality I Coastal Management 401 S. Griffin St., Ste 300 I Elizabeth City, NC 27909 252-264-39011 252-331-2951 [fo:] Aaron McCall The Nature Conservancy February 16, 2018 Page 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 Yvonne Carver, Field Representative, if you have any questions and or if you wish to receive a copy of her field report. Sincerely, Frank Je Wings District Manager, Northeastern District NC Division of Coastal Management F)/eg Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Yvonne Carver, DCM, Elizabeth City, NC Becky Harrison, United States Fish and Wildlife Service �T(1'1'Il: LAMA PERMIT APPLIED FOR PROJECT: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife =-�EDEIVED COMMENTS ACCEPTED THROUGH APPLICANT: Aaron McCall The Nature Conservancy 701 W. Ocean Acres Drive Kill Devil Hills, NC 27948 252441-2525 r'=B 2 0 2018 March l3, 2o'�' -44HD CI►Y FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: '1 Yvonne Carver 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 252-264-3901 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: 12ehcCc� l}awison U- S .�is� { W Idlik Sev�i ce Mailing Address: P•0 •BaX k1y0 t Nuw+ev, ►.JG a-+96j Phone Number. a5a-`I�3-t13� xZ31 Email Address: rd�ccc� _L�awi so. (J s,90✓ I certify that I have authorized AA✓m Nc[ A 1l—Ti-,t t4oAyve C." seyvxv cM to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: PX{tv.�ie of Altir� (Zi,jw NAkionalwAdlifc Ltk--kv q"brct,r,e ayslu reef at my property located at— j% w44N o -F vw r po:' 4 , in �)av-e, County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature %&A'ZecA Ha+-wisah Print or Type Name mac„ ppwviso?5 ( i dliFc i3iWq'1v( Title ;)-Ott Date This certification is valid through l 130 1 �_011> `a C M-E C RECEIVED FEB 2 0 2018 DCM-- MHD CITY rA H United States Department of the Interior � a FISH AND WILDLIFE SERVICE s �4RCX S.�Be m sL'" ^. ...,.I DMEC April 25, 2017 North Carolina Department of Environmental Quality 217 West Jones Street Raleigh, NC 27603 Dear Coastal Area Management Act Review Committee: By this letter, the U.S. Fish and Wildlife Service (Service) expresses support for the CAMA permit application submitted by The Nature Conservancy (Conservancy) for oyster bed restoration activities (Lead Principal Investigator: Aaron McCall, The Nature Conservancy Outer Banks Office). The proposed actions will provide invaluable information needed to develop new and implement current collaborative conservation planning and management recommendations. These permitted activities would greatly contribute to the Climate Adaptation Project, a cooperative effort of the Service and the Conservancy over the past nine years, through implementation of innovative climate adaptation strategies at various National Wildlife Refuges. The Service and the Conservancy have a Memorandum of Understanding and share a collective interest in adaptively managing the natural resources of the region for landscape and habitat resilience to climate change as manifested primarily through rising sea level. We believe this work will support a multidisciplinary, integrated program of applied research, outreach and education that addresses coastal issues important to the state of North Carolina. The Service will work closely with the Conservancy to implement research goals and monitoring activities covered under the CAMA permit. If you have any questions regarding this matter, please contact Scott Lanier at 252-473-1132 (ext. 223) or Pete Campbell at 252-926-4021 (ext. 24). Thank you for your continued cooperation with our agency. Sincerely, Scott Lanier Interim Project Leader North Carolina Coastal Plains Refuge Complex U.S. Fish and Wildlife Service Pete e Campbell C� Project Leader Mattamuskeet Refuge Complex U.S. Fish and Wildlife Service 1 AGREEMENT NO. F17M000034 MEMORANDUM OF UNDERSTANDING Between THE NATURE CONSERVANCY And U.S. DEPARTMENT OF INTERIOR U.S. FISH AND WILDLIFE SERVICE Received DMEC RFDEIVED 20 2018 AiHD CITY This Memorandum of Understanding (MOU) is between the U.S. Fish and Wildlife Service (hereinafter referred to as the "Service"), an agency of the United States Department of the Interior, acting through the Coastal North Carolina Refuges Complex and the Mattamuskeet, Swanquarter, and Cedar Island Refuges Complex, and The Nature Conservancy, a non-profit corporation organized and existing under the law of the District of Columbia with a local address of 334 Blackwell Street, Suite 300 Durham, NC 27701(hereinafter referred to as the "Conservancy"). The Coastal North Carolina Refuges Complex includes Alligator River, Currituck, Mackay Island, Pea Island, Pocosin Lakes, and Roanoke River National Wildlife Refuges which collectively comprise more than 300,000 acres. Article I. Authority The Service enters into this Agreement pursuant to the following legal authorities: • National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997. This Act defines the National Wildlife Refuge System, established the responsibilities of the Secretary of the Interior for managing and protecting the System, and establishes the legitimacy and appropriateness of the six priority public uses. • Executive Order 12996 - which defines the management and general public use of the National Wildlife Refuge System. • Refuge Recreation Act of 1962. This Act allows the use of refuges for recreation when such uses are compatible with the refuge's primary purposes and when sufficient funds are available to manage the uses. Article II. Background and Objectives The Service and Conservancy both have missions that address conservation of natural resources and habitats across a network of lands and waters. The Service and Conservancy have each r worked towards conservation in northeastern North Carolina and have a vested interest in adaptively managing the natural resources of the region for landscape and habitat resilience to climate change as manifested primarily through rising sea level. The Service and the Conservancy have collaborated on the Climate Adaptation Project over the past nine years through implementation of innovative climate adaptation strategies at Alligator River, Pea Island, Pocosin Lakes, and Swanquarter National Wildlife Refuges with the intent of expanding such work within the North Carolina Coastal Plain Refuges Complex and the Mattamuskeet Complex on an as needed basis. The Climate Change Adaptation Project is consistent with the Service's 2014 "Planning for Climate Change on the National Wildlife Refuge System" and the 2010 "Strategic Plan for Responding to Accelerating Climate Change" which states, in part: "We will develop monitoring and research partnerships that make available complete and objective information to plan, deliver, evaluate, and improve actions that facilitate fish and wildlife adaptations to accelerating climate change." Similarly, the Climate Change Adaptation Project is consistent with The Nature Conservancy's Shared Conservation Agenda and its global goals of nature -based climate mitigation and climate adaptation, which seek to maximize the use of nature -based solutions to reduce the risks of the adverse effects of climate change on natural and human communities. The Service's and the Conservancy's collaborative interests in the refuges of northeastern North Carolina will benefit from a comprehensive Climate Change Adaptation Project which through land conservation, habitat management, and a variety of science -based adaptation techniques will work to ensure that, as the ecosystems of the region are inevitably altered by climate change and sea -level rise, they are transformed into ones that remain complex and provide a suite of ecosystem services. Article III. Purpose In consideration of the mutual benefits to be derived, the parties agree to cooperate on the multi -faceted Climate Change Adaptation Project through the separate and cooperative efforts. Article IV. Responsibilities and Understandings of the Parties A. The Service Shall: • Provide access to Service lands and allow climate change adaptation strategies per authorization of the Refuge Manager and subject to the laws, regulations and policies governing use of refuge land. • Provide staff time and equipment to support project implementation per authorization of the Refuge Manager and subject to available funding. • Continue to seek federal funds for project expansion. B. The Conservancy Shall: Received ®Cif -EC • Seek private and government funding to implement climate change adaptation activities. • Subject to available funding, provide staff to assist with climate change adaptation activities. • Aid in the monitoring of study sites, coordinate research and identify priority climate adaptation sites in the study area. • Provide access to data and promote findings through appropriate presentation and publication outlets. C. Both parties jointly agree: • That internal/external plans, progress updates, results reports and other project - associated information shall be shared through informal exchange and regular project team meetings. To promote each other as lead partners in the effort to adaptively manage the natural resources of the northeastern North Carolina for landscape and habitat resilience to climate change as manifested primarily through rising sea level. • To the distribution of the educational message of climate change adaptation when possible and appropriate in public communications. • That nothing in this MOU shall bind either party to the expenditure of funds. Any awarding or contracting for the expenditure of funds shall be pursuant to appropriate separate written agreements. Article V. Period of Performance The MOU will become effective from the last day of signature by all parties and remain in effect for five (5) years, at which time it may be renewed for another five-year period. Article VI. Project Officers A. The Nature Conservancy Brian Boutin, PhD Albemarle -Pamlico Sounds Program Director Outer Banks Office 701 West Ocean Acres Drive Kill Devil Hills, NC 27948 252-441-2525 ext 6 bboutin@tnc.ore B. U.S. Fish and Wildlife Service Rebekah Martin Project Leader Coastal North Carolina Refuges Complex PO Box 1969 Manteo, NC 27954 RECEIVED =FR 2 0 2018 D -tVA- NIAHD CITY Received DMEC Received 252-4,73-1131 ext 222 ®ti �VI� rebekah o martin@fws.eov Gv Article VII. Modification of Agreement: This MOU constitutes the full, complete, and entire agreement between the parties hereto. No modification or amendment of this MOU shall be binding on either party unless such modification or amendment shall be in writing executed in duplicate by both parties hereto, attached to this MOU, and incorporated in and by reference made a part of this MOU. Article VIII. Termination of Agreement: This MOU may be terminated by written notice of one party to the other sixty (60) days prior to the desired termination date. Article IX. Terms and Conditions: 1. This MOU in no way restricts the parties from working together or participating in similar activities with other public or private agencies, organizations, and individuals. 2. Any public notices issued by any of the parties with respect to this MOU or any related activities shall be subject to review and approval, in advance, by all parties to this agreement. 3. During the performance of this MOU the participants agree to abide by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against any person because of race, age, color, religion, gender, national origin, or disability. 4. No member of, or delegate to Congress, or resident Commissioner, shall be admitted to any share or part of this agreement, or to any benefit that may arise from, but these provisions shall not be construed to extend to this agreement if made with a corporation for its general benefits. 5. All parties will ensure that its employees have the proper training and certification required to conduct activities under this MOU. 6. This MOU is neither a fiscal nor a funds obligation document. Nothing in this agreement may be construed to obligate the Service to any current or future expenditure of resources in advance of the availability of appropriations from Congress. Nothing in this agreement may be construed to obligate the Conservancy to any current or future expenditure of resources in advance of the approval by an authorized Conservancy representative. Any endeavor involving reimbursement or contribution of funds between the parties to this MOU will be handled in accordance to applicable regulations ReceivedRECEIVED rFB202019 and procedures, including those for federal government pro1D4L2Wd•printiwfVVP CITY endeavor will be outlined in separate agreements that shall be made in Wri ing by representatives of the parties and shall be independently authorized in accordance with appropriate statutory authority. This MOU does not provide such authority. It is agreed by the parties hereto that, in the performance of this MOU, employees or agents of each respective party are not to be considered employees of the other party or parties. 8. Nothing in this agreement maybe interpreted to imply that the United States, the Department of the Interior, or the U.S. Fish and Wildlife Service endorses any service or policy of the Conservancy. The Conservancy will not take any action dr make any statement that suggests or implies such an endorsement. 9. Nothing in this agreement maybe interpreted to imply that the Conservancy endorses any service or policy of the United States, the Department of the Interior, or the U.S. Fish and Wildlife Service. The United States, the Department of the Interior, or the U.S. Fish and Wildlife Service will not take any action or make any statement that suggests or implies such an endorsement. 10. The participation of each party to this agreement in activities conducted pursuant to this MOU is not intended to place either party or its representatives in a position of incurring tort liability arising from an action of the other party. Each party is responsible for any injury or property damage to third parties caused by negligence of its own employees acting within the scope of their employment/official duty subject to such limitation as may be prescribed by applicable laws. Specifically, tort liability arising from negligent or wrongful acts or omissions of Service employees acting within the scope of employment shall be adjudicated pursuant to the Federal Tort Claims 28 U.S.C. Section 2671 et seo• the Federal Employees Compensation Act, U.S.C. Section 8101 et sea•, or such other federal legal authority as may be pertinent. Likewise, tort liability arising from negligent or wrongful acts or omissions of Conservancy employees while acting within the scope of official duty shall be governed by the provisions of the laws of the state of North Carolina. 11. The parties agree to implement the provisions of this MOU to the extent personnel are available and budgets allow and to the extent authorization from the appropriate representatives for each party is secured. In addition, nothing in the MOU is intended to supersede any laws, regulations, or directives by which the parties must legally abide. IN WITNESS HEREOF, the parties have caused this MOU to be executed by their duly authorized offices on the dates set forth below. U.S FISH AND WILDLIFE SERVICE BY: NAME: ICP�O2lC� V \, TITLE: DATE: THE NATURE CONSERVANCY BY: C NAME: Katherine D. Skinner TITLE: Director DATE: 7/25/2017 Received G l DOM-EC j Addendum 1. Additional Points of Contact US Fish and Wildlife Service Pete Campbell Project Leader Mattamuskeet, Swanquarter, and Cedar Island Refuges Complex 85 Mattamuskeet Road Swan Quarter, NC 27885 252-926-4021 x 24 Pete campbellC@fws.aov Received DMEC RECE,vE01 FEF12 � 2018 OCR ENO G`�Y TheNature b Conservancy r November 27, 2017 Mr. George S. Jackson 1523 Rivershore Road Elizabeth City NC, 27909 Dear Mr. Jackson, The Nature Conservancy, Albemarle -Pamlico Sounds Office 701 West Ocean Acres Drive Kill Devil Hills, NC 27948 Tel [252] 441-2525 nature.org I would like to inform you of a shoreline oyster reef project in the waters of Pamlico Sound along the shoreline of Alligator River National Wildlife Refuge south of Point Peter Road in Dare County, North Carolina that The Nature Conservancy and the US Fish and Wildlife Service are partnering on. As this project requires a major CAMA permit, we are required to notify adjacent landowners of our proposed actions. The oyster reefs will be 20 meters from the shoreline, 110 meters long and will be constructed from marl class C rip rap. This project will provide habitat for native oysters (Crassostrea virginica) and for dozens of other species that use oyster reefs during various stages of their life cycles. hi addition, by baffling wave energy, the reefs should also create conditions that lead to the gradual development of a sheltered, shallow - water habitat in the area between the reef and shoreline. Your property is the nearest adjacent property to the north of this project, therefore making your input an invaluable part of the permitting process. Please fill out and return the certified mail request in the provided envelope. If you have any concerns or questions, you can contact the North Carolina Division of Coastal Management for Dare County. Sincerely, Aaron McCall Northeast Regional Steward The Nature Conservancy Cc: attached maps/ drawing of project TheNature L Conservancy November 27, 2017 Mr. George S. Jackson 1523 Rivershore Road Elizabeth City NC, 27909 Dear Mr. Jackson, The Nature Conservancy Albemarle -Pamlico Sounds Office 701 West Ocean Acres Drive Kill Devil Hills, NC 27948 Tel [252] 441-2525 nature.org Received Dew 21 17 L�l�1'LIZR�i I would like to inform you of a shoreline oyster reef project in the waters of Pamlico Sound along the shoreline of Alligator River National Wildlife Refuge south of Point Peter Road in Dare County, North Carolina that The Nature Conservancy and the US Fish and Wildlife Service are partnering on. As this project requires a major CAMA permit, we are required to notify adjacent landowners of our proposed actions. The oyster reefs will be 20 meters from the shoreline, 110 meters long and will be constructed from marl class C rip rap. This project will provide habitat for native oysters (Crassostrea virginica) and for dozens of other species that use oyster reefs during various stages of their life cycles. In addition, by baffling wave energy, the reefs should also create conditions that lead to the gradual development of a sheltered, shallow - water habitat in the area between the reef and shoreline. Your property is the nearest adjacent property to the north of this project, therefore making your input.an invaluable part of the permitting process. Please fill out and return the certified mail request in the provided envelope. If you have any concerns or questions, you can contact the North Carolina Division of Coastal Management for Dare County. Sincerely, Aaron McCall Northeast Regional Steward The Nature Conservancy Cc: attached maps/ drawing of project ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. In Attach this card to the back of the maiipiece, or on the front R space permits. 1. Article Addressed to: Mr �cor5t. s.�w��rJ 1 ti z3 �: vL�slcu i��rj N z:Moq IIIIIIIII(IIIIIIIIIIIII IIII IIIIIIIIIIIIIIIIIII 9590 9402 2661 6336 3900 89 7016 0600�0000 8992 A. Signature, A, X , �/%////(/�""� p/ Y,O Agent D. Is dells dregs different from item If S, nter delivery address below: s a. oervice iypa "Off Mail Express® ElAdult Signature Registered Main• ❑ Adult Signature Restricted Delivery ❑ Regstered Mall Restrloh ❑ Certified Mail® Delivery ❑ Certified Mall ReaMcted Delivery ❑ Retum Receipt for ❑ Collect on Dafrvary Merchandise m r ue... n Delivery Restilcted Delivery D Signature Confimratimr 3911 Mail ❑ signature confirmation Nall Restricted DeMery Restrioted Delivery PS Form 3811, July 2015 Psrl 7530-02-000-9053 Domestic Return Receipt TheNature Conservancy November 27, 2017 Mr. William B. Twiford, Sr. PO Box 355 Manteo, NC 27954 Dear Mr. Twiford, The Nature Conservancy Albemarle -Pamlico Sounds Office 701 West Ocean Acres Drive Kill Devil Hills, NC 27948 T&UE�t�a— P�2525 RE {u're.org 20 Z518 GAAr AHD CITY Received I would like to inform you of a shoreline oyster reef project in the waters of Pamlico Sound along the shoreline of Alligator River National Wildlife Refuge near Point Peter Road in Dare County, North Carolina that The Nature Conservancy and the US Fish and Wildlife Service are partnering on. As this project requires a major CAMA permit, we are required to notify adjacent landowners of our proposed actions. The oyster reefs will be 20 meters from the shoreline, 110 meters long and will be constructed from marl class B rip rap. This project will provide habitat for native oysters (Crassostrea virginica) and for dozens of other species that use oyster reefs during various stages of their life cycles. In addition, by baffling wave energy, the reefs should also create conditions that lead to the gradual development of a sheltered, shallow -water habitat in the area between the reef and shoreline. Your property is the nearest adjacent property to the south of this project, therefore making your input an invaluable part of the permitting process. Please fill out and return the certified mail request in the provided envelope. If you have any concerns or questions, you can contact the North Carolina Division of Coastal Management for Dare County. Sincerely,SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY �G r ■ Complete items 1, 2, and 3. ■ Print name and address on the reverse a signature�- ❑ Agent your X ❑ Addressee so that we can return the card to you. Received (Printed N e) F3Y4df C. Date of Deli'v ■ Attach this card to the back of the mailpiece, Aaron McCall or on the front if space permits. Tltt r Northeast Regional Ste 1. Article Addressed to: D. Is delivery address different from Rern t? ❑ Yee The Nature Conservant ' t (� Mi,' �e,w. A H YES, enter delivery address below: )rNo Y-W i PC) i2,ox 3Ss Cc: attached maps/ drawing of 3. Service Type ❑ Priority Mali ExpressO II I IIIIII I'll III I II I II l III I II I II I II I I I II I I III ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Registered Maail*" ❑ Mail ResMct< 9590 9402 2661 6336 3900 72 ed ❑ Certified Mail® ❑ Certified Mail Restricted Delivery De!very Delivery ❑ Mew l 1pt for .w, t ^ nr:w,mtnans/er'Ih M S�v_ke labs _ ❑ Go ]act on Delivery ❑ Collect on Delivery Restricted Delivery n Insured Mail ❑Si nature Confirmation*" 9 ❑ Signature Confirmation 7016 0600 0000 8992 3928 eau Restricted Delivery Restricted Delivery nnm^ati^ G^5u.n Rnceinf __ not � e ROY COOPER Go>rrnm C1_ MICHAEL S. REGAN Se, reran BRAXTON C. DAVIS Coastal Management Dirraor ENVIRONMENTAL OUALITY RECFs�ED FFk U 2018 February 16, 2018 DCn4_ MEMORANDUM A4141) C:Iry TO: Richard Peed, Erosion & Sedimentation Control Division of Energy, Minerals & Land Resources, WaRO FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish & Wildlife Service/The Nature Conservancy Project Location: USFWS Alligator River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/09/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. SIGNED 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. DATE - -_ Nothing Compares .: State of North Carolina I Enwoorrenial Quality I Coastal Management 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-3901 1252-331-2951 [fail ROY COOPER Gnve,'no, e; MICHAEL S. REGAN .Sa, et..y BRAXTON C. DAVIS Coastal Management ENVIRONMENTAL OUALITY February 16, 2018 MEMORANDUM TO: Roger Thorpe, Coastal Stormwater Division of Energy, Minerals & Land Resources (WaRO) FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish & Wildlife Service/The Nature Conservancy Project Location: USFWS Alligator River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/09/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. SIGNED 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. DATE '>^Nothing Compares� State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin SL, Ste 300 1 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax] ROY COOPER Gmernor MICHAEL S. REGAN Sermon BRAXTON C. DAVIS Direran Coastal Management ENVIRONMENTAL OVALrty February 16, 2018 MEMORANDUM TO: Anthony Scarbraugh, DWR -Water Quality - 401, WaRO RE CE!� jED FROM: Doug Huggett, Major Permits Coordinator F( c/o Gregg Bodnar, Assistant Major Permits Coordinator k G 0 ?018 Division of Coastal Management DCM- SUBJECT: CAMA/DREDGE & FILL Permit Application Review HC CST Y Applicant: US Fish & Wildlife Service/The Nature Conservancy Project Location: USFWS Alligator River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/09/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. SIGNED 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. DATE ,Nothing Compares - Sute of Nonh Carolina I Environmental Quality I Coastal Management 401 S. Gruen St., Ste 300 1 Elizabeth City, NC 27909 252-264-39011252-331-2951[fax] Coastal Management ENVIRONMENTAL OVALITY February 16,2018 MEMORANDUM TO: Clif Whitfield, Environmental Engineer DWR — Public Water Supply Section, WaRO ROY COOPER cm"in'r MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dircctur FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish & Wildlife Service/The Nature Conservancy Project Location: USFWS Alligator River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/09/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED DATE -. %"Nothing Compares,, State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909 252-264-39011252-331-2951[fax] Coastal Management ENVIRONMENTAL (1VAL TY February 16, 2018 MEMORANDUM TO: Raleigh Bland or Josh Pelletier US Army Corps of Engineers ROY COOPER Go, mor MICHAEL S. REGAN set'rvan- BRAXTON C. DAVIS Dir,, tur FFd Z 0 2018 CCA4- M'HD CITY FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish & Wildlife Service/The Nature Conservancy Project Location: USFWS Alligator River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/09/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. SIGNED 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. DATE !"Nothing Compares - Smte of Nonh Carob= I Environmental Qoality I Coastal Management 401 S. Griffin St., Ste 30D I Elizabeth City. NC 27909 252-264-3901 1252-331-2951 [fax] Coastal Management ENVIRONMENTAL OUALA IY February 16, 2018 MEMORANDUM TO: Lee Padrick Division of Community Assistance ROY COOPER Gwemm' MICHAEL S. REGAN Sec'enny BRAXTON C. DAVIS Di,,,'wr FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish & Wildlife Service/The Nature Conservancy Project Location: USFWS Alligator River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/09/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. SIGNED 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. DATE C%'Nothing Compares_ ,.. Stare of North Carolina I Environmental Quality I Comml Management 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax] Coastal Management ENVIRONMENTAL QUALITY February 16, 2018 MEMORANDUM TO: Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO ROY COOPER Governor MICHAEL S. REGAN Serremry BRAXTON C. DAVIS Dimwr FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish & Wildlife Service/The Nature Conservancy Project Location: USFWS Alligator River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/09/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: SIGNED This agency has no objection to the project as proposed. 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. DATE "' I' Nothing Compares Sate of Notch Carolina I Eavironmeaal Quality I Coastal Management 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951 [faxl ROY COOPER caGncernnr is MICHAEL S. REGAN .Serrelary BRAXTON C. DAVIS Coastal Management ooren,r ENVIRONMENTAL QUALITY February 16, 2018 MEMORANDUM TO: Karen Higgins, Compliance and Permitting Unit Supervisor DWR - Water Quality Program FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish & Wildlife Service/The Nature Conservancy Project Location: USFWS Alligator River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/09/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: SIGNED This agency has no objection to the project as proposed. 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. 117:VY N - ✓✓ Nothing Compares.., .,.. State of Nonh Cmolina I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax] Coastal Management ENVIRONMENTAL QUALITY ROY COOPER Gnexrnnr MICHAEL S. REGAN Serrer<m' BRAXTON C. DAVIS Direr on February 16, 2018 Rc MEMORANDUM Lp;�18 TO: Charlan Owens, District Planner Division of Coastal Management FROM: Doug Huggett, Major Permits Coordinator 4 + o f T y c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish & Wildlife Service/The Nature Conservancy Project Location: USFWS Alligator River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/09/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: SIGNED This agency has no objection to the project as proposed. 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. I11A —0 `'Nothing Compares - State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Sm 3001 Elizabeth City, NC 27909 252-264.39011252-331-2951 [fax] Coastal Management ENVIRONMENTAL QUALITY February 16, 2018 MEMORANDUM TO: Tim Walton, Director State Property Office ROY COOPER Governor MICHAEL S. REGAN Senreta r BRAXTON C. DAVIS Due, w, FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish & Wildlife Service/The Nature Conservancy Project Location: USFWS Alligator River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/09/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. SIGNED 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. DATE < Nothing Compares, State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax] Coastal Management FNVIRONMENTAt. O VAU iY February 16, 2018 MEMORANDUM TO: Renee Gledhill -Early NC Department of Cultural Resources ROY COOPER G",ernor MICHAEL S. REGAN .se, reta, BRAXTON C. DAVIS Dim lo, R,FCPmED FFf 0;,01B DCIVi- FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish & Wildlife Service/The Nature Conservancy Project Location: USFWS Alligator River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/09/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED DATE Nothing Compares - . State of North Carolina I Emironmental Quality I Coastal Management 401 S. Gruen St., She 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951(fax] .axw B P�' Coastal Management ENVIRONMENTAL OUAU iY February 16, 2018 MEMORANDUM TO: Shannon Jenkins Environmental Health— Shellfish Sanitation ROY COOPER Gnvernnr MICHAEL S. REGAN seCIem" BRAXTON C. DAVIS Dim 1, FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish & Wildlife Service/The Nature Conservancy Project Location: USFWS Alligator River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/09/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED DATE - % Nothing Compares,, State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909 252-264-39011252-331-2951[fax) Coastal Management ENVIRONMENTAL QUALITY February 16, 2018 MEMORANDUM ROY COOPER Gwen", MICHAEL S. REGAN .Serrernn' BRAXTON C. DAVIS Dnm for F E. TO: David B. Harris, Roadside Erosion Control & Vegetation Management Engineer, NCDOT Roadside Environmental Unit FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish & Wildlife Service/The Nature Conservancy Project Location: USFWS Alligator River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/09/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: SIGNED This agency has no objection to the project as proposed. 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. DATE ,"!^Nothing Compares - . State of North Carolim I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 300I ElinbetA City, NC 27909 252-260.39011252-331-2951(Wi Coastal Management ENVIRONMENTAL QUALITY February 16, 2018 MEMORANDUM TO: Maria Tripp Dunn NC Wildlife Resources Commission ROY COOPER Gn.rrnor MICHAEL S. REGAN Serreiall BRAXTON C. DAVIS Do, ee4rr FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish & Wildlife Service/The Nature Conservancy Project Location: USFWS Alligator River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/09/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED DATE !/ Nothing Compares.ti, State of North Carolina I Environmental Quality I Coastal Management 401 S. Gruen St., Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax] Coastaf Management ENVIRONMENTAL DUALITY February 16, 2018 ROY COOPER aoveroa. MICHAEL S. REGAN S,I wa,, BRAXTON C. DAVIS Du,t,,, �A MEMORANDUM TO: Chris Southerly / Nathan Henry Underwater Archaeology Branch, Ft. Fisher FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish & Wildlife Service/The Nature Conservancy Project Location: USFWS Alligator River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/09/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. SIGNED 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. DATE ''Nothmq Compares r State of North Carolim I Envhoumemal Quality I Coasml Management 401 S. Griffin St., Ste 3001 Elimbeth City, NC 27909 252-264-39011252-331-2951 tfaxl Coastal Management ENVIRONMENTAL OVALITY February 16, 2018 MEMORANDUM TO: Donna Creef, Local Permit Officer Dare County ROY COOPER Governor MICHAEL S. REGAN Sex ma, BRAXTON C. DAVIS Dirermr FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: US Fish & Wildlife Service/The Nature Conservancy Project Location: USFWS Alligator River National Wildlife Refuge, East of HWY 264 & Navy Shell Ditch, Stumpy Point, Dare County Proposed Project: Install 500' of offshore marl oyster reef sills along the eastern shoreline of Alligator River National Wildlife. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/09/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. SIGNED 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. DATE 5>—Nothing Comparesti_ State of North Carolina I Envhonmenial Quality I Coastal Management 401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax] MAJOR PERMIT FEE MATRIX A licant: US Fish & Wildlife Service / The Nature Consernmey PER 2 0 2018 Selection Development Type Fee DCM % DWQ %r'T�` (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: ll. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B C or D below applies: III(A). Private, non- cEl ommercial development, if $� ( 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached) can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied: III(C). If General Water ❑ Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60%($240) 40%($160) 4097 (see attached) cannot H be applied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: �r —This is a word processing form to be completed in Microsoft Word"' NC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) Applicant: US Fish & Wildlffe Service / The Nature Conservancy Date: 02115118 Project Site County Dare Staff., Yvonne Carver District: ®Elizabeth City ❑Washington ❑Morehead City ❑Wilmington Project Name: Extension of Alligator River shoreline oyster reef Rover File: Date of initial application submittal (0(. IAV2MM 12/21/2017 r i Date application "received as complete" in the Field office (EX: 1/8/2007): 024)1/2018 in J18 SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes ®No Photos Taken: Yes® No[] Setback Required (riparian): ❑Yes No Critical Habitat: ❑Yes ®No ❑Not Sure 15 foot waiver obtained: El Yes ®No Hazard Notification Returned. - []Yes ®No SAV: ❑Yes ®No ❑Not Sure Shell Bottom: El Yes ®No ❑ Not Temporary Impacts: ®Yes []No E Sure Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from Mitigation Required (optional): county LUR ®Yes ❑No ❑Yes ®No Moratorium Conditions: ❑ Yes []No Environmental Assessment Done: ®NA ❑Yes ❑No ®NA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) High Quality Waters (HOW) ❑ Outstanding Resource Waters (ORM WETLANDS IMPACTED - n/a ❑ (404) Corp. of Engineers (Jurisdictional Ll (LS) Sea lavender (Limonium sp.) El (SS) Glasswort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamafcense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (Sr Salt reed grass (Spartfna altemiflora) cynosureides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TV) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Sal0neadow grass (Spartina roemerianus) patens) APPLICATION FEE El No fee required - $0.00 ❑ 111(A) Private w/ D&F up to 1 acre; ® III(D) Priv. public or comet w/D&F to 1 3490 can be applied - $250 acre; 3490 can? 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- $100 111(B) Public or commercial w/D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ 11. Public or commercial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or rill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808.2808 :: 1-8884RCOAST :: www.nccoastalmanaaement.net revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant.' US Fish & Wildlife Service /The Nature Conservancy Date: 02115118 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Breakwater) 4 New Work ® Replace 100 20 sill Maint ❑ ❑ Y ® N Breakwater/ 4 New Work ❑ Replace 25 20 Sill Maint ❑ ❑ Y ❑ N New Work El Replace Maint❑ ❑Y❑N New Work El Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work El Replace Maint El ❑Y❑N New Work ❑ Replace Maint [I ❑Y❑N New Work [I Replace Maint❑ ❑Y❑N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint [I ❑Y❑N New Work El Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint El ❑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- NewWork ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N revised Nov. 2012 i� NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) 1 Applicant: US Fish & Wildlife Service /The Nature Conservancy Dale: 02115118 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. FL (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. FL (Anticipated final disturbance. Excludes any restoration and/or temp impact amount TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludesany restoration and/or temp impact amount Shallow bottom Dredge ❑ Fill ® Both ❑ Other ❑ 10000 10000 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED FFR 2 0 2ni8 DCf�,- 252-808.2808 :: 1-888.4RCOAST :: www.ncconstaimanaeement.net revised: Nov. 2012 Coastal Management ENVIRONMENTAL QUALITY December 29, 2017 Mr. Aaron J. McCall The Nature Conservancy 701 West Ocean Acres Drive Kill Devil Hills, NC 27948 ROY COOPER Gmmr,, MICHAEL S. REGAN Se,'etnn BRAXTON C. DAVIS DN,, r,N Re: USF&WS, Extension of Alligator River Shoreline Oyster Reef 10N=3T M3Tff4n11 The NC Division of Coastal Management hereby acknowledges receipt of your application on December 21, 2017, for State approval for the development of the referenced project, which is located East of Hwy 264 in Stumpy Point, Dare County. A screening of the submittal package has been conducted as per 15A NCAC 07J.0202-0204. 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. I am returning the original application package so that the needed changes can be made, but will retain a copy so that I can commence a 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. The initial screening has identified the following deficiencies; please update the following information on the DCM MP Forms: 1. Please address the following items: ■ Form DCM-MP-1: - Number 3. The location of the tract in which the project is located is designated as Stumpy Point, per Dare County tax records. Please update under `City'. - Lot No(s). It appears that you have entered parcel numbers in this section. Please delete this information. - Number 3.f. Please indicate the planning jurisdiction where the proposed work falls within. ■ Form DCM-MP-4: - Number 4.a. Update the length of shoreline; list only the length of shoreline that is on the tract where the project will occur. RECEIVED -'"'"Nothing Compares .- - JAN 0 2 2018 State of Nonh Carolioo I Environmental Quality I Coastal Mamgement 401 S. Gruen St., Ste 300 1 Elizabeth City, NC 27909 252-264-390112.52-331-2951 [fix] DCM- M H D CITY Mr. Aaron J. McCall The Nature Conservancy December 29, 2017 Page 2 of 2 - Number 4.b. Size of tract should be listed in sq., not acres. Please list the square footage for the project tract only. - Number 4.c. Per Dare County tax records, the tract where the development is proposed is 9625.7684 acres. 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. - The drawings were submitted in the size of 8-1/2xl1. Please resubmit the workplan drawings in the appropriate size so that the graphic scale(s) of 1" = 100' will be correct/not distorted. ■ The SAV map was submitted in black and white, which makes the legend illegible. Please submit in color. When colored drawings are submitted, 26 copies must be provided. 3. A Narrative Description of the proposed development was provided. In the Narrative, you reference SAV mapping and an additional SAV Survey conducted in the Summer of 2017. Please note/verify the actual dates of the SAV mapping and the additional survey. 4. A letter is needed that documents your authorization to act as agent for the applicant. An agent authorization form is enclosed for your use. 5. Documentation of Notification of Riparian Property Owners must be provided. You have provided 2 green cards and one letter for George Jackson. Please submit a copy of the letter sent to William Twiford. 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. 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. Sincerely, Yvonne Carver Field Representative Division of Coastal Management RECEIVED JAN 0 2 2018 DCM- MHD CITY cc: Gregg Bodnar, Assistant Major Permits Coordinator, DCM, Morehead City Frank Jennings, District Manager, DCM, Elizabeth City Becky Harrison, USF&WS, Alligator National Wildlife Refuge, P.O. Box 1969, Manteo n y PLAN VIEW PROPOSED OFFSHORE MARLE OYSTER REEF SILLS SCALE: 1" = 50' managemerYt,Gommiss Division Of.Water Rasou Date =14L—Aaeu Permit# MARLE / NORMAL WATER LEVEL Received DCM-EC 2. LOCATION AT THE, A MILES NO APP APPI 3. SCOPE 01 TO EXPI OUTFALL SILLS T( 4. DEPTH S< BY THE'.P SHOWN IE TO PROM ESTIMATE PROJECT ON THE I 5. BOTTOM' THE TOT/+ 10,000 SI J q d� 'd ° O \7 O ZA uZa fu H y = o _o � o_ y e U PROPOSED OFFSHORE MARLE O OYSTER REEF SILLS DITCH OREGON INLET 1 ' � U I if PAMLICO SOUND y ILJ USFWS ALLIGATOR a Q u RIVER NATIONAL z WILDLIFE REFUGE ' Z j ° ' O 6 — w v o Received a Zoe 0 RM=11117p z o �OfC/) STUMPY POINT BAY t t , i ( � � O 1 --- --_�, - b �� r 'm/�.,� EIVED W Q J O Z CL � FEB 20 2018 GRAPHIC SCALE oMM,. 4 ,DODO 0 5000 10000 r 20000 D�My A�f� 40000 �� P1] ° .Esis ono X K ( IN FEET ) 1 inch = 10000t. - ene o.w 3� e -7 0� 4�: MAW, =K � , E 4N IN, I—" N. Z� , y '-V -vE,JACKsONW�x ;,, M�w -XN-ry —O�z'IMi ', rgRI z rI4 ZR Ag g 7A Y IIA - 11 Ywt INV"CIf jNvQ I1'�f -MARLEJ.�.L'7,yip HOREi It OYSTER REEF .laV , "m A h ;oYs pit- - - ZU UAMA', F F, u rm -4. 5"VW, ��,,,-'(PASED.101`4 tap, 5 % tY;7-0 ,v,Nxeg- -t,I�,9 Go �WW,Rxgl, C, uio r. kn, a A�t 4 DEIALI0 tt m , _;l 5HU LINE A -G� X tt"i alZMA -� USFWS CR'.I, ,N� 17:37 `IPR V, WILDLIFE REFUGE 2 V, \ A', 0 > wIIzt- PROPO_SED,,OFFSHORE--.'�MARLE-',�� LL CLWEEFSILIS z B, eft > t -M Of U uj 1�1 -T, SIPM It. IX g, U) z -J'- 7, A ------- I Ylt� 0 LL- w z 7 I� R 7"- lrl -otg -,-Aft w C.) Z) LLJ 0 7" IN, �zt , M U) , K, 5, Ol IV-4 Of 0 'RA Wt 3 t < �'NY -*N, �, QN, "Y'gg-4 AMN z Lu r"., Ntly '2 < z Nr �Sr-- < A� &AL gg -415t4 S V-D 71 d -low P, FiWU DESIGNED BY 0/0 1XV01 DMWN BY APO GAS N=rs 7/ rZ, tt, -kokr,'�a tJU G� MILESd,w S.LJE.�TE 9GSGG7 t< SHEET NO - ,V -MF I-A-M-":8 -------1Q,, ,T, gt7 2 7 E t� �: Aw.�hoo4 . or 3 SNIFFS 11 NOTES: w N E I II 1. APPLICANT: NATURE CONSERVANCY w•a� I 4705 UNIVERSITY DR. #290 W ! DURHAM, NC 27707 IS LOCATED IN THE PAMLICO SOUNDAT A 2. LOCATION: PROJECT sg THE MILS NORTHTOFOF A DRAINAGE DITCH THE STUMPY POINT BOATAPPROXIMATELY 4.03 RAMP. � APPROX. NC STATE GRID COORDINATES: PROPOSED OFFSHORE MARLE 743,032N, 2,967,896E 00. OYSTER REEF SILLS APPROX. LAT/LON: 35-44-52.58N, 75-44-15.03W ti5 3. SCOPE OF PROJECT: THE NATURE CONSERVANCY PROPOSES TO EXPAND AN EXISTING MARLE SILL SITE AT A DITCH slid OUTFALL IN PAMLICO SOUND, INSTALLING ADDITIONAL MARLE SILLS TO PROMOTE OYSTER BED GROWTH. a 20, y 4. DEPTH SOUNDINGS SHOWN ON THIS PLAN ARE AS PROVIDED g BY THE NATURE CONSERVANCY. BOUNDARY INFORMATION PLAN VIEW SCALE: 1" = 50' SHOWN IS AS PER DARE COUNTY GIS AND ALL DIMENSIONS o TO PROPERTY LINES SHOULD BE CONSTRUED TO BE s ESTIMATES. AERIAL IMAGES SHOWN AS PROVIDED BY USGS. w PROJECT- WILL BE STAKED —OUT AND CONSTRUCTED BASED ON THE LOCATIONS OF EXISTING MARLE SILLS. i 5. BOTTOM SUBSTRATE IMPACTS: N MARLE THE TOTAL FOOTPRINT OF ALL PROPOSED MARLE SILLS IS 10,000 SF (0.23 AC.) Q U F ' rat NORMAL WATERS LEVEL Q 0 NOTE: lL o w Z THE DATA GIVEN ON THESE PLANS IS BELIEVED Lu 0 a O Z �, ✓ �' �^ TO BE ACCURATE, BUT THE ACCURACY IS NOT FORR VER EYING ALL LEIS CLOCAI710N5 PTOI'NPES,� O W 0 Y��.- �' ;I AND DIMENSIONS OF THE EXISTING UTILITIES PRIOR TO CONSTRUCTION. IF A DISCREPANCY U) W OU Zp, IS FOUND, WORK SHALL CEASE AND THE ENGINEER J NOTIFIED. WORK MAY CONTINUE UPON ENGINEERS TO PROCEED. H — NOTICE Q Z 8 a X—SEC A—ACeIved a N.T.S. 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'bq 4.(+ i' yAr r✓. y2 OF 3 sNEErs J y dw w w NOTES: z �i93 1. APPLICANT: NATURE CONSERVANCY 4705 UNIVERSITY DR. #290 LL 0 ! DURHAM, NC 27707 IN THE PAMLICO SOUNDe� A 2. LOCATION: PROJECT IS LOCATED OF A DRAINAGE DITCH APPROXIMATELY 4.03 AT THE MOUTH MILES NORTH OF THE STUMPY POINT BOAT RAMP. APPROX. NC STATE GRID COORDINATES:. q PROPOSED OFFSHORE MARLE 743,032N, 2,967,896E °o. OYSTER REEF SILLS APPROX. LAT/LON: - - — — 35 44 -52 58 - 75 -44 15 03W — ti5 3. SCOPE OF PROJECT: THE NATURE CONSERVANCY PROPOSES TO EXPAND AN EXISTING MARLE SILL SITE AT A DITCH �ryo� OUTFALL IN PAMLICO SOUND, INSTALLING ADDITIONAL MARLE SILLS TO PROMOTE OYSTER BED GROWTH. y 4. DEPTH SOUNDINGS SHOWN ON THIS PLAN ARE AS PROVIDED BY THE NATURE CONSERVANCY. BOUNDARY INFORMATION PLAN VIEW SCALE: 1" = 50' SHOWN IS AS PER DARE COUNTY GIS AND ALL DIMENSIONS o TO PROPERTY LINES SHOULD BE CONSTRUED TO BE s ESTIMATES. AERIAL IMAGES SHOWN AS PROVIDED BY USGS. PROJECT WILL BE STAKED —OUT AND CONSTRUCTED BASED ON THE LOCATIONS OF EXISTING MARLE SILLS. 5. BOTTOM SUBSTRATE IMPACTS: N MARLS THE TOTAL FOOTPRINT OF ALL PROPOSED MARLE SILLS IS J 10,000 SF (0.23 AC.) U a a Z o _ NORMAL WAlER'LEVEL `N > O �LU s°9 NOTE: U) LL o LU Z ❑ o 1 THE DATA GIVEN ON THESE PLANS IS BELIEVED O Z ✓ TO BE ACCURATE, BUT THE ACCURACY IS NOT GUARANTEED. THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL LEVELS, LOCATIONS, TYPES, W U Z) p ;/`), T� " ` ,_ G Y AND DIMENSIONS OF THE EXISTING UTILITIES U) / . i' ,.,y PRIOR TO CONSTRUCTION. IF A DISCREPANCY W OU 20' IS FOUND, WORK SHALL CEASE AND THE ENGINEER J NOTIFIED. WORK MAY CONTINUE UPON ENGINEERS H iy Q NOTICE TO PROCEED. , Z X—SEC A —A ���� a g N.T.S. BEFORE YOU DIG 1 COMMISSION NO. P1]010 DESIGNED BY OPD CALL TOLL FREE DNAWN Y CAD C -E DM -EC Y DAD R6 01] SKEET NO 1-800-632-4949 OYSTER REEF SILL DE NORTH CAROLINA N.T.S ONE CALL wwt mo+,sr - omo ow OF 3 SHEETS