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
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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
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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
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AT THE, A
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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.)
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NORMAL WATERS LEVEL
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NOTE:
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AND DIMENSIONS OF THE EXISTING UTILITIES
PRIOR TO CONSTRUCTION. IF A DISCREPANCY
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J
NOTIFIED. WORK MAY CONTINUE UPON ENGINEERS
TO PROCEED.
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1.
APPLICANT: NATURE CONSERVANCY
4705 UNIVERSITY DR. #290
LL
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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.)
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NORMAL WAlER'LEVEL
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THE DATA GIVEN ON THESE PLANS IS BELIEVED
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TO BE ACCURATE, BUT THE ACCURACY IS NOT
GUARANTEED. THE CONTRACTOR IS RESPONSIBLE
FOR VERIFYING ALL LEVELS, LOCATIONS, TYPES,
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,_
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AND DIMENSIONS OF THE EXISTING UTILITIES
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PRIOR TO CONSTRUCTION. IF A DISCREPANCY
W
OU
20'
IS FOUND, WORK SHALL CEASE AND THE ENGINEER
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NOTIFIED. WORK MAY CONTINUE UPON ENGINEERS
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NOTICE TO PROCEED.
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N.T.S.
BEFORE YOU DIG 1
COMMISSION NO.
P1]010
DESIGNED BY OPD
CALL TOLL FREE
DNAWN Y CAD
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SKEET NO
1-800-632-4949
OYSTER REEF SILL DE
NORTH CAROLINA
N.T.S
ONE CALL
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OF 3 SHEETS