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HomeMy WebLinkAbout29-17 MM Carteret County Board of CommissionersPermit Class MODIFICATION/MAJOR STATE OF NORTH CAROLINA Department' of Environmental Quality and OQ�( Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 29-17 Issued to Carteret County Board of Commissioners, 302 Courthouse Square, Beaufort, NC 28516 Authorizing development in Carteret County Wainwright Slough, at conflux of Pamlico and Core Sounds , as requested in the permittee's application dated 6/20/19 (MP-1) and 9/16/19 (MP-2), including the attached workplan drawings (5) Figures 1-5 all dated "Received MP Section MHD 10/2/19". This permit, issued on February 7, 2020 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may De suoject to nnes, imprisonment or crvu action; or may cause uie pcnmu to tic mum aiw vom. Channel Reali¢nment 1) In order to protect juvenile finfish resources and seasonal migrations of fish and protected species (i.e. sturgeon and sea turtles), no excavation or filling activities shall be permitted between April 1 and November 15 of any year without prior approval form the Division of Coastal Management and the U.S. Army Corps of Engineers, in consultation with appropriate resource agencies. 2) The excavation footprint shall be located entirely within the "dredge corridor", as depicted on the attached workplan titled "Figure 2 Wainwright Dredge Corridor — Plan". 3) Excavation shall not exceed -9' MLLW (excavation depth of -7 MLLW with a 2' overdredge allowance). (See attached sheet for additional conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2022 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. fa✓ Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pennittee Carteret County Board of Commissioners Permit No. 29-17 Wainwright Slough Dredging Project Page 2 of 3 ADDITIONAL CONDITIONS 4) This major modification was issued based upon at determination that while the area to be excavated is immediately adjacent to areas containing actively growing submerged aquatic vegetation (SAV) beds, the area of proposed excavation would not directly impact actively growing SAV beds. During all authorized excavation events, the permittee shall implement all available precautions to ensure that damage to SAV beds does not occur. The permittee is further advised that Rules of the Coastal Resources Commission prohibit new dredging within SAV beds. USACE Conditions 5) Best management practices identified as field marking the existing SAV population, wetland grasses, oyster reefs and any shell bottom locations at low -tide shall be implemented in order to prevent construction and dredging equipment from negatively impacting those resources. 6) Monitor all in -water line and materials regularly to ensure nothing has become entangled. 7) If lines or cables are used (e.g., to mark floating buoys or for turbidity curtains), in -water lines (rope, chain, and cable) must be stiff, taut, and non -looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in -water lines, such as nylon rope or any lines that could loop or tangle, must be enclosed in a plastic or rubber sleeve/tube to add rigidity and to prevent the line'from looping or tangling. In all instances, no excess line is allowed in the water. 8) Cables or lines with loops used to move pipes will not be left in the water unattended. 9) Turbidity curtains will be used during dredging. Turbidity curtains will be made of material in which listed species cannot become entangled (i.e. reinforced impermeable polycarbonate vinyl fabric (PVC)), and shall be monitored to ensure listed species are not entangled or trapped in the action area. Turbidity curtains will be removed promptly when the work is complete and the water quality in the action area has returned to background conditions. Bird Nesting Restoration 10) Unless specifically altered herein, the in -water disposal of dredge materials for the creation of bird nesting and foraging habitat shall be conducted in accordance with the attached permit drawings, and in a manner consistent with the procedures described in the attached project narrative dated "Revised October 2019". 11) This permit does not authorize the fill of any coastal wetlands., General 12) 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. Carteret County Board of Commissioners Permit No. 29-17 Wainwright Slough Dredging Project Page 3 of 3 ADDITIONAL CONDITIONS 13) In order to satisfy concerns of the resource agencies and ensure compliance with the conditions of this Permit, and in order to ensure that each proposed excavation event follows the limits of the natural deep water channel, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management, the U.S. Army Corps of Engineers, the National Marine Fisheries Service, the N.C. Wildlife Resources Commission, N.C. Division of Marine Fisheries and N.C. Division of Water Resources at least 30 days prior to the initiation of any dredging or mobilization activities. In order to facilitate these discussions a complete set of project plans including an updated SAV survey with current bathymetry and proposed channel alignment shall be provided to all listed agencies at the time of each request for a pre -construction conference. 14) This Major Modification shall be attached to the original Permit No. 29-17, which was issued to the permittee on 2/23/17, and copies of both documents must be readily available on site when Division personnel inspect the project for compliance. 15) All conditions and stipulations of the active permit remain in force, under this Major Modification, unless specifically altered herein. NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW- 2016-01676 reissued 2/6/20. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2019-1032. NOTE: A major modification application processing fee of $250 was received by DCM for this project DCM Coordinator: &"I►tQ Permit #: Zni 'l % we/or / MAILING DISTRIBUTION SHEET DCM Field Offices Elizabeth City Morehead City US ACOE Offices: Washington: s Washington Wilmington y9<-((- with revised work plan drawings) (OBJECTIONS ) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Jordan Jessup (TBD) Greg Curry (TBD) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover; Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Farley at Environmental.Review@ncdcr.gov Heidi Cox (W1RO) Curt Weychert David Harris 04W MIA'? Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARO) Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Iertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: Natural Heritage Program LPO: Robb Mairs — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover), Christine Hall - Stormwater f Joanne Steenhuis - 11,01 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARD) Rodney Butler (NCDOT) Travis Wilson Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Friday, January 3, 2020 6:23 PM To: Mairs, Robb L Cr Bodnar, Gregg Subject: [External] Wainwright Slough mod status CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.Spam@nc.gov<mailto:report.spam@nc.gov> M.. Would you mind forwarding the DWR decision for the project. As we discussed earlier, the laserfiche website is being weird. Gregg: I am waiting on comments from NMFS-HCD-they may have an issue with the SAV habitat. Also waiting clarification regarding the need to coordinate with PRO. 408 is complete. Received comments back from Navigation, US FWS, EPA and Coast Guard. Talk to you guys next week.... maybe, I know y'all are slammed. Liz Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 Bodnar, Gregg From: Bodnar, Gregg Sent: Thursday, December 12, 2019 8:26 AM To: Hair, Sarah E CIV CESAW CESAD (US) , Subject: RE: [External] question on Wainwright Slough project My understanding is that it may be multiple events without a schedule. The box was developed to allow them to follow the deep water if the channel moves rather than trying to keep it in the location it obviously does not want to be in. So I think the assumption is that it will be very infrequent, but possible. I have conditions in a draft that requires them to request a modification for any subsequent event and provide a SAV survey and proposed footprint. Hope this helps, G regg -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.ariny.mil> Sent: Tuesday, December 10, 2019 1:07 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: [External] question on Wainwright Slough project CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> Hey Gregg, The Corps 408 Coordinator and Office of Counsel are working to wrap up their review of the project and had a clarification question regarding the frequency of the dredging activity. Is the proposal a 1 time event or will they request authorization in future years to dredge deep water? The application references 'this' event, however, it would make sense that the county would want to seek continued authorization in order to maintain future Navigation. I want to make sure I understand, before I respond back. thanks, Liz Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 ,I DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Carteret County Board of Commissioners Major Mod #29-17 COUNTY: Carteret PROJECT NAME: Wainwright Slough Realignment LOCATION OF PROJECT: Conflux of Pamlico and Core Sounds at Wainwright Slough DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7119119 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes CONSISTENCY DETERMINATION: Attached: XXX To Be Forwarded: n/a FIELD REPRESENTATIVE: Ryan Davenport DISTRICT OFFICE: Morehead City DISTRICT MANAGER REVIEW: Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: _7/29/19 FEE REC'D: $250Major Mod PUBLIC NOTICE REC'D: 8/4/19 ADJ. RIP. PROP NOTICES REC'D: Yes APPLICATION ASSIGNED TO: Bodnar C) 75 DAY END OF NOTICE DATE: Wl23/19 DEED RECD: ON: 7/30/19 150 DAY DEADLINE: MAIL OUT DATE: 7/30/19 STATE DUE DATE: 8/20/19 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM-Field Representative DCM - LUP Consistency Determination Local Permit Officer Corps of Engineers - Regulatory Branch Z (� lt7 149-6 ( (v%% � DWR-401 Section I hh, !c Zo(g - 103E y� DWR-PublicWaterSupply $(eJ,( DEMLR - Stormwater Management DEMLR - Sediment and Erosion State Property Office S (4 ((9 Wildlife Resources Commission tll(Q� ►�r-�I f�,a (a,, ayD,J DMF - Shellfish Sanitation Section �( Z119 c DMF -Habitat &Enhancement �1zt DNCR - State Historic Preservation Office 9 k DNCR-Natural Heritage Program NCDOT DCA - Rural Economic Development :Ta-1 f Bodnar, Gregg From: Davenport, Ryan Sent: Thursday, October 17, 2019 8:24 AM To: Bodnar, Gregg Subject: RE: Wainwrights Categories: Important I recommend the permit be issued based on resource agency comments. Ryan From: Bodnar, Gregg Sent: Wednesday, October 16, 2019 11:07 AM To: Davenport, Ryan <ryan.davenport@ncdenr.gov> Subject: Wainwrights Hey Ryan, Checking in on recommendations, Gregg Gregg Bodnar Assistant Major Permits Coordinator �y� Division of Coastal Management Department of Environmental Quality ON 252 808 2808 ext 215 (Office) Greae.Bodnar@ncdenLCOV Email correspondence to and from this address is subject to the North Carolina Public Records Low and maybe disclosed to third parties. NORTH:C9ROLINA Flll'll owhenidt Q1001.1` 30-July 2019 MEMORANDUM: FROM:Gregg;:Bodnar; Assistant Major Permits Coordinator NCDEQ - Division- of Coastal Management, . 400 Commerce Ave:; Morehead City, NC 28557 ' Fax:252-247-3330 u e 1 Qreea bodnar( ncdenr:oov SUBJECT: CAMA Mgor Permit Application.Review Applicant: Carteret County Board of Commissloners#29-17 ROY COOPER Cureruor NIICHAEI S. REGAN' .Sc way BR.AXTONK DAYbS t$nx-rgc �psrrtarvl/f71p+rdl ,1�lutrn4,�nienl Project Location Conftux,of Pamlico and Core Sounds AtWainwright Slough Proposed`_ Project: Proposes to,perform dredging to maintain Wainwright Slough to follow deep water fora possible• alignment outside the federally designated channel,, in' Carteret County Please indicate below your agency's position or viewpoint on the proposed project and return this form to.Gregg Bodnaratdhe addressabove by 20 Adjust 2019. If you have any question regarding th'e proposed project, contact Ryan Davenport(252) 80872808 when appropriate, in-depth commentsvith supporting data: is requested. REPLY: This:agencyhas'no objection to the project as proposed:. "Additional comments may be attached** This agency has no'comment on the proposed project. _ This agency approves of the project only if the recommended:changes are incorporated, See attached.. Tfiis agencyobjects to the project for reasons described in the attached comments. fflffiN"A MVIK Q2r rl hA &A[,.c (aie. .Swpo AUG 5 2019 MP SECTION MIH® Scat¢ of Worth CamEw I EnIiroamentel Quality I Coanfil Rlaaagement 127 CardinalDdvEM.. W0min8ton, NC28405 9197967215 ROY COOPER n fiovarnnr MICHAEL S. REGAN Secwtwy BRAXTON DAVIS NORTH CAROLINA Directnc Division n(Cnurtn/ Environmental Quallty Manggement 30 July 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Couiier04-16-33) a reea. bod nar(a) ncden r. aov SUBJECT: CAMA Major Permit Application Review Applicant: Carteret County Board of Commissioners #29-17 Project Location: Conflux of Pamlico and Core Sounds at Wainwright Slough Proposed Project: Proposes to perform dredging to maintain Wainwright Slough to follow deep water for a possible alignment outside the federally designated channel, in Carteret County Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by 20 August 2019. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. RINT°NAME Valerie wunderly for Shannon Jenkins RECEIVE® AG N Y DMF Shellfish Sanitation AUG 8 2019 IGNATURE d u%� MP SECTION 6t HD State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ROY COOPER da MICHAEL S. REGAN BRAXTON DAVIS 30 July 2019 MEMORANDUM: FROM Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier "18-33) oreaa.bodnar0ncdenr.aov SUBJECT: CAMA Major Permit Application Review Applicant: Carteret County Board of Commissioners #29-17 Project Location: Conflux of Pamlico and Core Sounds at Wainwright Slough Proposed Project: Proposes to perform dredging to maintain Wainwright Slough to follow deep water for a possible alignment outside the federally designated channel, in Carteret County Please indicate below your agency's position or viewpoint on the proposed project and return this form to Great Bodnar at the address above by 20 August 2019. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME P*CI L LOVs A'YJrt-iCK AGENCY "Ntm RECEIVED SIGNATURE�4U AUG 1 C 2019 DATE MP SECTION MHO State ofNort6 Carolina I Emrcirimental Quality, Cowlal Management 127 Cardinal Drive EM , Wilmington, NC 28405 919 796 7215 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Drreetor i 7,f x 9 NORTH CAROLINA Environmental Quality TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner a/1 Division of Coastal Management, SUBJECT: Major Permit request by N.C. Carteret County Board of County Commissioners, Wainwright Slough Navigation Maintenance. DATE: August 14, 2019 Consistency Determination: The request is consistent with/not in conflict with the Carteret County Land Use Plan certified by the CRC on December 20, 2010. Overview: The project site is located at the conflux of Pamlico Sound and Core Sound off Cedar Island, Carteret County. The applicant is requesting to excavate approximately 40,000 CY of Wainwright Slough and place the spoils in the Wainwright Island area. The channel was last excavated in 2017 and is currently experiencing shoaling east of Wainwright Island. The last excavation event was authorized under Major Permit #29-17. The proposed cut would be 2,600' long and 75' wide. Water depth would increase from -4 MLLW to -7 MLLW. The excavated material would be placed in a 780' X570' area adjacent to what remains of Wainwright Island. After excavation is complete, the spoil area would be sloped to a 20: 1 grade in order to promote shorebird usage. The area of Core Sound is classified as SA (Market Shellfishing, Salt Water) and ORW (Outstanding Resource Water). It is not a Primary Nursery Area (PNA), and is open to the harvesting of shellfish. Wainwright Island is less than .5 acres and is dominated by Coastal Wetlands Spartina alterniflora (Wainwright Slough Project Narrative, pg. 7). There is a patch of SAV (Submerged Aquatic Vegetation) to the south of the island. "An archaeological assessment has not been completed for the proposed dredging; however, Wainwright Slough is a federally authorized navigation channel and has been dredged since the 1930's. In addition, the State Historic Preservation Office (SHPO) reviewed the 2017 project and indicated they are unaware of any historic resources, which could be affected by the 12roiegf, �gH!rh Slough Project Narrative, pg. 7). REE tt 9b AUG 1 4 2019 E North Carolina Department of Environmental Quality ; Division of Coastal Manag Na4P SECTION 19V H D Morehead City Office i 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 Anticipated impacts resulting from this project are expected to include: the dredging of 7 acres of EW and PTA, and the filling of 10 acres of EW and PTA. Temporary Siltation would occur during excavation and could affect Coastal Wetlands and SAV area. Basis for Determination: The project site is located in Carteret County and is subject to the 2005 Carteret County Land Use Plan Update. The Future Land Use Map (FLUM) designates the site as Conservation due to the sites location in Estuarine Shoreline, Public Trust Area, and Estuarine Waters, and Coastal Wetlands AECs (Areas of Environmental Concern). Land uses allowed in Areas of Environmental Concern are those consistent with the State's minimum use standards and state and federal regulations. The following LUP policies may be applicable to this request: Policy 2.1 Carteret County's policies for development in coastal and non -coastal ("404," "401," or jurisdictional) wetlands are as follow: 1. "Carteret County will allow only land uses in coastal wetlands that require water access, cannot function elsewhere, and are consistent with state and federal regulations. Examples of acceptable uses are utility easements, piers, and docks." Policy 2.2 Carteret County's policies for development in coastal shoreline areas are as follow: 2. "Carteret County will allow all uses (such as residential, commercial, industrial, and institutional) in estuarine shoreline and ORW estuarine shoreline areas, provided all local, state, and federal standards are satisfied." Policy 2.4 Carteret County's policies for development in estuarine and public trust waters are as follow: 1. "Carteret County will only allow development activities in estuarine and public trust waters that are associated with water -dependent uses, consistent with state and federal standards, and meet all local policies contained in this plan." RECEIVE® AUG 1 4 2019 UP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082806 A � j f NORTH CAROLINA Egtwodww"i Qualm. 30 July 2019 MEMORANDUM: FROM: Gregg, Bodnar, AssistantMajorPermits Coordinator NCDEQ - Division of Coastal Management 400 Commerce.. Ave., Morehead City, NC 28557 Fax: 252-247-3330 (courler'04-16-33) credg bodnarna ncdenr.gov SUBJECT: CAMA sMajor Permit Application Review Applioahk Carteret County Board of.Commissioners #29-17 ROY COOPER Ga onm MICHAEL S. REGAN s (Y,lw y BRAXTON DAVIS oiwoma Dliitiou ofConxlnt Afnnagv;n... r Project Location: conflux of Pamlico and Core Sounds of Wainwright -Slough Pro nosed Project: waler:for tiD,perfor d mint t0naiet in Wainwright Slough to follow deep p� �1 p 9,9 P g rally designated channel, in Carteret County Please indicate below your -agency's' position or viewpoint on the proposed project and return this,form to Greaa:Bodhar ai'the address above,' by, 20 August,2019. if you have any questions regarding llie,proposed project, contact Ryan Davenport (252) 808-2808 when,appropriate, in-depth comments with supporting ,data is requested. REPLY: This agency,has no objection "to the project as proposed., "Additional comments may be attached" This agency'has no comment on;the proposed project. This agency, approves of the project onlyif the, recommended,changes are.incorporated., See attached. This agency:objects to the project for reasons,described,in the attached comments. 'gGENGI Sri cf �1U0�`Ir_ 1 0 0 S GI NATURE a AT g-1q_19 sure ofNro"ll Carolina I Environmental Quality I Coasml Manrgennna 127 Cardinal Dr'w at..,.Wilmuigton, NC 28405 919 796 7215 i LCEIVE® AUG 1 9 2019 MP SECTION MHO 0 NORTH CAROUNA hmurvin n wai Qvaiifl' 30 July 2019 Received: 08/12/2019 State Historic Preservation. Of ioY COOPER Gacemnr MICHAEL S. REGAN .Se wy BRAXTON DAVIS D elar. I)Nhlon ofcomid Managemm ER 16-2174 MEMORANDUM: Due -- 8l20719' FROM: Gregg, Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave. Morehead City, NC 28557 Fax: 252-247-3330 (CouriiF 04.16-33) A_ greaa.bodnar aaftclenr.eov / SUBJECT: CAMA Major Permit Application Review gJ I Applicant: Carteret County Board of Commissioners'#29-17 Project Location: Conflux of Pamlico and Core Sounds at Wainwright Slough Proposed Project: Proposes to perform dredging to maintain Wainwright Slough to follow deep water for a possible alignment outside the,federally designated channel, in Carteret County Please indicate below your agency's position or viewpoint on the, proposed project and return this form to Gregg Bodnar at the address above by20 August 2019. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 when,appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. * / "Additional comments may be attached" lX 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. RECEIVE® PRINT NAME State Historic Preservation Office acElci; AUG 2 0 2019 sicjvaTul MP SECTION MHD DATE Stine orNorth Carolina I Envimmnenm] Quality l Cm W Managwtunt 127 Cardinal-Ddi c.Ext., Wihnington, NC 28405 919 796 7215 AUG 13 2019 Bodnar Gregg From: Weychert, Curtis R Sent: Monday, October 21, 2019 3:19 PM To: Bodnar, Gregg Cc: Dunn, Maria T. Subject: Wainwright Project Gregg, sorry for my delayed response but I'm getting caught up on this project. I understand that the purpose of this more recent proposal is to follow the deepest channel which would be beneficial for avoiding SAV impacts, due to the tendency for SAV to not be found in waters >6'NLW. The DMF would have no additional comments at this time, however, we would like to have adequate time to review the specific channel alignment, updated SAV habitat within the proposed dredge alignment, and the updated bathymetry drawings which will show the most relevant contour elevations prior to the project beginning. Thank you for your information and keeping me up to date on this project. Curt Curtis Weychert Fisheries Resource Specialist North Carolina Division of Marine Fisheries North Carolina Department of Environmental Quality 252-808-8050 CurtWevchert(dncdenr.gov 3441 Arendell Street Morehead City, NC 28557 Bodnar, Gregg From: Dunn, Maria T. Sent: Wednesday, September 25, 2019 9:32 AM To: Bodnar, Gregg Subject: RE: Wainwright Slough Oh, ok. I'm sorry I didn't know you were wanting to do that. I forwarded to our bird biologist last week, but haven't heard back. At this time, those comments will not be required for our review. The design of the island to be above MLLW (5-6'), the timing, and the allowance to manipulate the material for slope are all good. The slope is a little steep, but I really like having the height of the island in this situation. It should still be ok as long as it is no steeper than 15:1 (ideal is 20:1). 1 would recommend that a statement is made that provides the island height at MHW; or at least the tide range in this area so a visual can be drawn in one's mind with regard to the area being more of an island rather than a shoal. This isn't required, but it may help those not as familiar visualize (maybe even in the field report? -if that is easier). Since the size limit of the island is 10 acres and the above parameters are included, NCWRC is fine with island design and moving forward with the application review. This will not be a "no comment" response from us during review due to the nature of the project. However, there will not be substantive comments regarding the island design. Thank you Gregg. If you need anything additional, please let me know. Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.ora Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Wednesday, September 25, 2019 9:00 AM To: Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: Wainwright Slough Hey Maria, Spoke to Robert Neal and he agrees that we should wait on WRC comments on the redesign before sending them out to all the other agencies. Let me know how things are progressing and I will pass along any changes. Thanks for everything, Gregg Imam DKO"' �s' Cecvn.ar..taap\ / - Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality M 808 2908 ext 215 (Office) G reee.Bodna rncdenr.eov Email correspondence to and from this address is subject to the North Carolina Public Records Cow and may be disclosed to third parties. ROY COOPER o .trnrm t i MICHAEL S. REGAN i Ju eru BRAXTON DAVIS 30.July 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commer'ce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gi eoe.bodna'r0!ncdenr.gov i SUBJECT: CAMA Major Permit Application Review i Applicant: Carteret County Board of Commissioners #2947 Project Location: Conflux of Pamlico and Core Sounds at -Wainwright Slough Proposed Project: Proposes to perform dredging to maintain Wainwright Slough to follow deep water for a possible alignment outside the federally.designated channel, in Carteret County Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by 20 August 2019. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency!has no, objection to the project as proposed. "Additional'Gomm ents may be attached" This agency has no comment on the proposed project. k/ This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described: in the attached comments. PRINT NAME Q✓1= i w�� �+ _ RECEI 49`' E® AGENCY N Cn�2 C- _. --_�� NOV 1 4 2019 `SIGNATURE i\_A -11 1— MP SECTION MH® bATE St, to of�*onh C�rolmx i Enviionmenml Quility lCohsdlMa:aS�ei¢ 127 Cardinal Drive r<, Wilmington, NC 28405 9197967215 North Carolina Wildlife Resources Commission 0 Gordon Myers, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: November 14. 2019 RECEIVED NOV 1 2019 M'P SECTION 11, HD SUBJECT: CAMA Dredge/Fill Permit Modification for Carteret County Board of Commissioners (#29-17), Carteret County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located near the confluence of Pamlico and Core Sounds adjacent to and on Wainwright Island. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to modify Permit No. 29-17 to perform maintenance dredging at Wainwright Slough by following the deep -water channel that may fall outside the permitted parameters of the federally designated channel. Previously conducted maintenance stayed within the federal channel and deposited material on Wainwright Island, a permitted disposal island owned and managed by Audubon to benefit coastal waterbirds. Tlus proposal includes allowing the applicant to follow a deep -water channel rather than the permitted federal channel to minimize maintenance needs. Material excavated would be used to manage Wainwright Island and would maintain the island at no greater than 10 acres in size, with a maximum slope no greater than 15A for a top fill near+5' above MLLW. The project, including excavation, disposal, and manipulation, would adhere to a moratorium to minimize impacts to aquatic and avian resources. The Pamlico and Core Sounds are classified SA-ORW by Environmental Management Commission and is open to shellfish harvesting. The NCWRC has reviewed the projecttproposal and has discussed the island design with the applicant and Audubon. We believe the island design described above will benefit shorebirds by providing a dry beach island for nesting and foraging. To minimize impacts to avian species, an April I — August 31 Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919) 707-0028 moratorium should be obsen ed on the island. We support any moratoria requested by NC Division of Marine Fisheries to protect their marine species as long as the above moratorium dates fall within any requested for aquatic resources. Since excavation is to follow the deep -water channel, impacts to submerged aquatic resources (SAV) will be minimized as long as any requested moratoria are followed. Prior to any maintenance events, contact should be made with Audubon to coordinate efforts to best manage island resources. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at mariadmm('a!ncwildliCo u_ RECEIVED NOV 1 4 2019 MP SECTION MHD DocuSgn Envelope ID: 2D7B17EF-2CFE-40FA-A0B9-D617571 DE98C ROY COOPER canarnar MICHAEL S. REGAN secreftry LNDA CULPEPPER D9euar NORTH CAROLINA Eavfronmeatat Quawy December 2, 2019 DWR Project # 2019-1032 Carteret County Carteret County Board of County Commissioners Attn: Tommy Burns and Rudi Rudolph 302 Courthouse Square Beaufort, NC 28516 Subject Property: Wainwright Slough Navigation and Wainwright Island, Pamlico Sound Approval of 401 Water Quality Certification with Additional Conditions Dear Messrs. Burns and Rudolph: You have our approval, in accordance with the attached conditions and those listed below to perform maintenance excavation and spoil placement within Wainwright Island area, as described in your CAMA Major Development Permit application dated June 20, 2019, which was received by the Division of Water Resources (Division) on July 30, 2019, along with sequential information received on October 3, 2019. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4175 (GC 4175). This Certification allows you to use the General Permit No. 198000291 when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: Impacts Approved 1. The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: RECEIVED DEC 3 2019 .����� SECTION MFiD North Cardnna Departmem of Environmental Quality Division Resaecea ` Wilmington Regional Office 127 Cardinal Drive Extension I Wthnhlpton, North Csom'r 28405 ��'•"N � 910.79b.R15 DocuSign Envelope ID: 2D7B17EF-2CFE-40FA-A0B9-D617571 DE98C Type of Impact Amount Approved (Units) I Plan Location or Reference Open waters (Wainwright Slough) Open Waters I Shallow Bottom Fill ht Island Area Approximately 4.5 acres (Maintenance Dredging) Approximately 10 acres Figures 1 through 5, and Project Narrative 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. 3. The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The applicant/permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. 6. 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)] 7. The permittee shall report to the Wilmington Regional Office at (910) 796-7215 (after hours and on weekends call 800-858-0368) any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts [15A NCAC 02B .02001. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cau�44�� ��2ariod of noncompliance, including exact dates and pliance'ti�rl1ot18 times, if the noncomNSWed, the anticipated time compliance is DEC 3 2019 MP SECTION MHO Docu C'Qn Envelope ID: 2D7B17EF-2CFE40FA-AOB9-D617571DE98C expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 8. Moratoriums You will comply with any moratoriums per the NC Division of Marine Fisheries and the NC Wildlife Resources Commission. Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. If such activities should take place during periods of high biological activity (e.g. anadromous species and shorebirds), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. 9. Please note that the area surrounding the project site contains submerged aquatic vegetation (SAVs). No impacts to SAVs are authorized by this certification outside the approved impacts specified herein. [15A NCAC 07H .0208(b)] 10. 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] 11. Dredging shall not cause Shellfish Closures. The effluent water from the dredge spoil should not be released into open shellfish waters. Marine Fisheries Shellfish Sanitation Section and the Division of Water Resources must be notified if this is to occur. 12. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return the enclosed certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources,1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion (the certification of completion is also available at: http://i)ortal.ncdenr.org/web/wq/swp/ws/401 /certsandpermits/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. RECEIVED DEC 3 2019 MP SECTION WD DocuSign Envelope ID: 2D7B17EF-2CFE-40FA-AOB9-0617571DE98C Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Bill Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Robb Mairs in the DWR Wilmington Regional Office at 910.796.7303 or Robb. Mairs(a-)ncdenr.gov. Sincerely, [Dacusronatl Oy: A�el SAWIA"� 6KI E3ABA11AC7DG1/_. Morelia Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: GC 4175 Liz Hair - USACE Wilmington Regulatory Field Office -Electronic Copy DWR 401 & Buffer Permitting Branch file-LF Gregg Bodnar - DCM Morehead City -Electronic Copy Doug Huggett and Dawn York — Moffatt & Nichol- Electronic Copy WiRO RECEIVED DEC 3 2019 MP SECTION MHD SAW-2016-01676 Wainwright Slough February 6, 2020 REVISED SPECIAL CONDITIONS RECEIVED F E B (, 2020 MiP SECTION MHD 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at hftp://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. 2. The applicant shall implement NMFS's Sea Turtle and Smalltooth Sawfish Construction Conditions in order to further reduce the risk by requiring all construction workers watch for sturgeon and sea turtles. Operation of any mechanical construction equipment will cease immediately if a protected species is seen within a 50-ft radius of the equipment. Activities will not resume until the protected species has departed the project area of its own volition. 3. In order to protect juvenile finfish resources and seasonal migrations of fish and protected species (i.e. sturgeon and sea turtles), no excavation or filling activities will be permitted between the dates of April 1 and November 15 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. 4. Best management practices identified as field marking the existing SAV population, wetland grasses, oyster reefs and any shell bottom locations at low -tide shall be implemented in order to prevent construction and dredging equipment from negatively impacting those resources. 5. Monitor all in -water line and materials regularly to ensure nothing has become entangled. 6. If lines or cables are used (e.g., to mark floating buoys or for turbidity curtains), in - water lines (rope, chain, and cable) must be stiff, taut, and non -looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in -water lines, such as nylon rope or any lines that could loop or tangle, must be enclosed in a plastic or SAW-2016-01676 rubber sleeve/tube to add rigidity and to prevent the line from looping or tangling. In all instances, no excess line is allowed in the water. 7. Cables or lines with loops used to move pipes will not be left in the water unattended. RECEIVED FEB pIZp MP SECTION 110HI) Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, February 6, 2020 4:56 PM To: Bodnar, Gregg Subject: RE: [External] RE: Carteret County CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> Here you go: Turbidity curtains will be used during dredging. Turbidity curtains will be made of material in which listed species cannot become entangled (i.e. reinforced impermeable polycarbonate vinyl fabric (PVC)), and shall be monitored to ensure listed species are not entangled or trapped in the action area. Turbidity curtains will be removed promptly when the work is complete and the water quality in the action area has returned to background conditions. Thanks so much! -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Thursday, February 6, 2020 4:46 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: [External] RE: Carteret County Do you have specific condition language you want for the curtain? Gregg -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, February 6, 2020 4:36 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: [External] RE: Carteret County CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> I think both ... it says adjacent to construction areas -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Thursday, February 6, 2020 4:34 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: [External] RE: Carteret County That is just for the dredge plant or the island as well? Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, February 6, 2020 4:32 PM To: Bodnar, Gregg Subject: RE: [External] RE: Carteret County CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<maiIto: repo rt.spam@nc.gov> Hey-1 just double checked NMFS HCD comments and they asked for turbidity curtains to be deployed around the dredging operation to avoid impacts to adjacent SAV habitat. sorry -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Thursday, February 6, 2020 4:24 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: [External] RE: Carteret County I will add these and get it out asap. Thanks, Gregg -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, February 6, 2020 4:11 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: [External] RE: Carteret County CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to repo rt.spam@nc.gov<mailto:report.spam@nc.gov> Hey Gregg, Attached are the draft conditions for Wainwright. I don't think they will change,and I apologize for the formatting. Standard GP 291 conditions also apply. Liz -----Original Message----- , From: Hair, Sarah E CIV CESAW CESAD (US) Sent: Tuesday, February 4, 2020 5:45 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: Carteret County Hey Gregg, I just got back from the field, but wanted to respond before I leave for the day. I am waiting on the 408s for both Atlantic Harbor and East Taylor's Creek. I also am waiting for further clarification on Navigation's concerns. They were still unclear about the dredge impact in the basin in one location. The plans didn't match the federal project, so I forwarded that additional request onto Robert. I will be in the office the next three days, so I should be able to get the conditions finalized for Wainwright in the next day or so. Hope you are having a good week. Liz -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Tuesday, February 4, 2020 10:46 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] Carteret County Hey Liz, Wanted to check in on all the Carteret County Projects. Wainwrights - My 150 is 2/9, so I need to issue by Thursday at the latest. Taylors Creek Thanks as always, Gregg Bodnar, Gregg From: Twyla Cheatwood - NOAA Federal <twyla.cheatwood@noaa.gov> Sent: Tuesday, January 7, 2020 11:32 AM To: Hair, Sarah E CIV CESAW CESAD (US) Cc: Pace Wilber Subject: [Non-DoD Source] Re: CAMA Major Modification/SAW-2016-01676/Wainwright Slough Liz, The NMFS has reviewed the CAMA permit modification request, Field Investigation Report, and Bio Report for SAW-2016-01676/Wainwright Slough. The applicant proposes to modify their 2017 authorization to conduct maintenance dredging of a Corps federal project, Wainwright Slough, which was authorized under the Rivers and Harbors Act of 1899 (amended 1935), originally dredged in 1935. The applicant is requesting authorization to conduct maintenance dredging of Wainwright Slough by following deep water, rather than its fixed location, and dispose of material onto Wainwright Island. By letter dated February 10, 2017, the NMFS provided comments and EFH Conservation Recommendations on the original public notice for this applicant. The EFH CR's provided in the letter were as follows: The permit should require best management practices, such as field marking submerged aquatic vegetation, salt marsh vegetation, and oyster reefs, to keep dredging equipment from encroaching into these habitats. The permit should require best management practices, such as deploying sedimentation and turbidity control barriers to minimize impacts to SAV adjacent to the construction areas. The permit should restrict the time of year that dredging activities occur to reduce impacts to EFH and vulnerable life stages of federally managed fishery species. The NMFS recommends the EFH CR's provided above for the modification request. There are no additional comments or recommendations at this time. If you have questions, please contact me at the address listed below. Thank you for your coordination. Twyla Cheatwood On Wed, Nov 20, 2019 at 4:54 PM Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.HairPusace.army.mil> wrote: All, Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of a CAMA permit modification request, Field Investigation Report and Bio Report for the subject project. Additional attachments include a narrative, work plans, SAV surveys (dated 2016 and 2019), and EFH assessments ( dated 2016 and 2019). The attached notice requests federal agency comments on this project by December 20, 2019. The applicant proposes to modify their 2017 authorization to conduct maintenance dredging of a Corps federal project, Wainwright Slough, which was authorized under the Rivers and Harbors Act of 1899 (amended 1935), originally dredged in 1935. The applicant is requesting authorization to conduct maintenance dredging of Wainwright Slough by following deep water, rather than its fixed location, and dispose of material onto Wainwright Island. Proposed dredging and disposal activities would occur between November 16-March 31, as required by the 2017 federal and state permits. The dredge method (hydraulic pipeline) remains unchanged. The proposed dredge dimensions mirror those of the fixed channel. Please see attached application, bioreport, related documents, and kmz file for project details. EFH: This notice re -initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but not likely adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Impacts are expected to be minimal due to temporary nature of sedimentation impacts, but the change in habitat and use of the shallow bottom habitat will be permanent. The waters within the project area are not designated as PNA, however are classified as SA-ORW and are open to shell fishing. SAV habitat is present within the proposed revised dredge area. SAV habitat is present adjacent to Wainwright Island, however, is not present within the disposal area. There are currently no shellfish resources within the project area footprint. An updated EFH Assessment is attached for reference. Average water depth within the dredge project area is - 4.0 feet MLLW and -3.0 feet MLLW within the proposed disposal area of Wainwright Island. ESA: The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. The 2017 dredging activity was covered under the SARBO, however, due to the proposed expansion of the dredge area and potential modification to the federal project, additional section 7 consultation (re-inititation) may be required. Additionally, the Corps initial determination on other species listed as threatened or endangered pursuant to the Endangered Species Act of 1973 (ESA) within the project area, related to the disposal area, remains may affect, not likely to adversely affect for both the Atlantic and Shortnose Sturgeon, the West Indian Manatee, and loggerhead, green and kemp's ridley sea turtles. This determination is based on the previous section 7 consultations for the 2017 project and the nature of the impacts associated with the disposal activity, including increased turbidity and loss of foraging and migration habitats, and potential risk of negative interactions during placement of spoil material. NHPA 106: Effects determination from 2017 remains unchanged: Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that no historic properties, nor properties eligible for inclusion in the National Register, are present within the Corps' permit area: therefore, there will be no historic properties affected. Please contact me if you have any questions or would like copies of the 2017 Corps permit documents. Please provide comments as soon as you can, or by December 20, 2019. *Section 408 coordination request will follow by separate email. Thank you, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sa ra h. e. ha i r(cD usa ce.a rmv. m i I 910-251-4049 Twyla H Cheatwood Fishery Biologist Southeast Region, Habitat Conservation Division NOAA Fisheries Beaufort, NC 28516 Office: (252) 728-8758 Twyla.cheattvood@noaa.gov Web Blockedwww.nmfs.noaa.gov Facebook Blockedwww.facebook.com/usnoaafisheriesgov Twitter Blockedwww.twitter.com/noaafisheries YouTube Blockedwww.youtube.com/usnoaalisheriesgov Bodnar, Gregg From: Twyla Cheatwood - NOAA Federal <twyla.cheatwood@noaa.gov> Sent: Tuesday, January 7, 2020 11:32 AM To: Hair, Sarah E CIV CESAW CESAD (US) Cc: Pace Wilber Subject: [Non-DoD Source] Re: CAMA Major Modification/SAW-2016-01676/Wainwright Slough Liz, The NMFS has reviewed the CAMA permit modification request, Field Investigation Report, and Bio Report for SAW-2016-01676/Wainwright Slough. The applicant proposes to modify their 2017 authorization to conduct maintenance dredging of a Corps federal project, Wainwright Slough, which was authorized under the Rivers and Harbors Act of 1899 (amended 1935), originally dredged in 1935. The applicant is requesting authorization to conduct maintenance dredging of Wainwright Slough by following deep water, rather than its fixed location, and dispose of material onto Wainwright Island. By letter dated February 10, 2017, the NMFs provided comments and EFH Conservation Recommendations on the original public notice for this applicant. The EFH CR's provided in the letter were as follows: The permit should require best management practices, such as field marking submerged aquatic vegetation, salt marsh vegetation, and oyster reefs, to keep dredging equipment from encroaching into these habitats. The permit should require best management practices, such as deploying sedimentation and turbidity control barriers to minimize impacts to SAV adjacent to the construction areas. The permit should restrict the time of year that dredging activities occur to reduce impacts to EFH and vulnerable life stages of federally managed fishery species. The NMFS recommends the EFH CR's provided above for the modification request. There are no additional comments or recommendations at this time. If you have questions, please contact me at the address listed below. Thank you for your coordination. Twyla Cheatwood On Wed, Nov 20, 2019 at 4:54 PM Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair(c@usace.armv.mil> wrote: All, Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of a CAMA permit modification request, Field Investigation Report and Bio Report for the subject project. Additional attachments include a narrative, work plans, SAV surveys (dated 2016 and 2019), and EFH assessments ( dated 2016 and 2019). The attached notice requests federal agency comments on this project by December 20, 2019. The applicant proposes to modify their 2017 authorization to conduct maintenance dredging of a Corps federal project, Wainwright Slough, which was authorized under the Rivers and Harbors Act of 1899 (amended 1935), originally dredged in 1935. The applicant is requesting authorization to conduct maintenance dredging of Wainwright Slough by following deep water, rather than its fixed location, and dispose of material onto Wainwright Island. Proposed dredging and disposal activities would occur between November 16-March 31, as required by the 2017 federal and state permits. The dredge method (hydraulic pipeline) remains unchanged. The proposed dredge dimensions mirror those of the fixed channel. Please see attached application, bioreport, related documents, and kmz file for project details. EFH: This notice re -initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but not likely adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Impacts are expected to be minimal due to temporary nature of sedimentation impacts, but the change in habitat and use of the shallow bottom habitat will be permanent. The waters within the project area are not designated as PNA, however are classified as SA-ORW and are open to shell fishing. SAV habitat is present within the proposed revised dredge area. SAV habitat is present adjacent to Wainwright Island, however, is not present within the disposal area. There are currently no shellfish resources within the project area footprint. An updated EFH Assessment is attached for reference. Average water depth within the dredge project area is - 4.0 feet MLLW and -3.0 feet MLLW within the proposed disposal area of Wainwright Island. ESA: The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. The 2017 dredging activity was covered under the SARBO, however, due to the proposed expansion of the dredge area and potential modification to the federal project, additional section 7 consultation (re-inititation) may be required. Additionally, the Corps initial determination on other species listed as threatened or endangered pursuant to the Endangered Species Act of 1973 (ESA) within the project area, related to the disposal area, remains may affect, not likely to adversely affect for both the Atlantic and Shortnose Sturgeon, the West Indian Manatee, and loggerhead, green and kemp's ridley sea turtles. This determination is based on the previous section 7 consultations for the 2017 project and the nature of the impacts associated with the disposal activity, including increased turbidity and loss of foraging and migration habitats, and potential risk of negative interactions during placement of spoil material. NHPA 106: Effects determination from 2017 remains unchanged: Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that no historic properties, nor properties eligible for inclusion in the National Register, are present within the Corps' permit area: therefore, there will be no historic properties affected. Please contact me if you have any questions or would like copies of the 2017 Corps permit documents. Please provide comments as soon as you can, or by December 20, 2019. *Section 408 coordination request will follow by separate email. Thank you, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.armv.mil 910-251-4049 Twyla H Cheatwood Fishery Biologist Southeast Region, Habitat Conservation Division NOAA Fisheries Beaufort, NC 28516 Office: (252) 728-87s8 Twyla.cheatwood@noaa.gov 0 Web Blockedwww.nmfs.noaa.gov Facebook Blockedwww.facebook.com/usnoaafisheriesgou Twitter Blockedwww.twitter.com/noaafisheries YouTube Blockedwww.youtube.com/usnoaafisheriesgov DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Carteret County(Wainwright Slough)MAJOR MODIFICATION 2. LOCATION OF PROJECT SITE: Conflux of Pamlico and Core Sound adjacent to Wainwright Island, Carteret County Photo Index - 2006: No Photo Available Longitude: 76°12'30.65" W Latitude: 34°59'24.63" N 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 7/15/19 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 7/1/19 Application Complete- 7/19/19 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County Land Classification from LUP — Conservation (B) AEC(s) Involved: EW, PTA, ES, CW (C) Water Dependent: (yes) (D) Intended Use: Public (E) Wastewater Treatment: Existing — N/A Planned — N/A (F) Type of Structures: Existing — Spoil Island, Navigation Aids Planned — Spoil Island (G) Estimated Annual Rate of Erosion: N/A Source — N/A 10%11:3YAll M-11x.Yy'7, L"CW' DREDGED FILLED OTHER (A)Open Water lac 1Oac (D) Total Area Disturbed: 17 acres (E) Primary Nursery Area: No Shellfish Classification: Open (F) Water Classification: SA-ORW Field Investigation Report: Carteret Co. Page 02 8. PROJECT SUMMARY: Carteret County is proposing to maintenance excavate Wainwright Slough and place spoils in the Wainwright Island area. Wainwright Slough is a federal channel. A maximum 45,000 CY would be excavated but Carteret County asks for a possible alignment outside the federally designated channel. NARRATIVE DESCRIPTION: The Wainwright Slough project is located at the conflux of Pamlico Sound and Core Sound off of Cedar Island, Carteret County. The existing island and federal channel is about half way between Cedar Island and Core Banks. This channel is the navigation route connecting Core Sound and Pamlico Sound Wainwright Island as it exists today is less than .5ac and is covered with Coastal Wetlands comprised of Spartina alternii fora. There is a patch of SAV South of the island. Wainwright Slough has existed as a federal channel since the 1970's. The channel was last excavated in 2017 and is currently experiencing shoaling east of Wainwright Island. The last excavation event was authorized under Major Permit #29-17. The current low water depth in the shoal area is -4'. The US Coast Guard maintains Navigational Aids along this channel. This area of Core Sound is classified as SA-ORW by DWR. It is not a Primary Nursery area. It is open to the harvesting of shellfish. Carteret County's Land Use Plan classifies the future land use of this area as conservation. 10. PROJECT DESCRIPTION: Carteret County is proposing to maintenance excavate Wainwright Slough in an effort to restore navigation for recreational boating and commercial fishing vessels. The excavation would be performed by Hydraulic Dredge with spoils being placed in the area of Wainwright Island. A maximum of 45,000CY would be removed form Wainwright Slough. In this case, the applicant is requesting authorization to follow the natural deep water channel instead of remaining within the limits of the federal channel. The consultant has outlined a polygon in which the channel may migrate in the future. The entire polygon is SAV habitat with large patches of SAV actively growing. A SAV survey is included in the application. This proposal is submitted with the assumption that no SAV would be present in the natural channel at the time of migration. The applicant has stated that a new SAV survey would be provided at the time of each dredge event. The proposed cut would be 2,600' long and 75' wide. Water depth in this area would increase from -4' MLLW to -T MLLW. Based on samples taken, dredge material is expected to be fine to medium grain size sand. The excavated material would be placed in a 780' X570' area adjacent to what remains of Wainwright Island. Aerial photos indicate that spoils have been placed in this area during previous dredging projects. Water depths in this area would increase from -3' MLLW to +1.5' MLLW. Sand dikes would be constructed to help control the dredge effluent. After excavation is complete, the spoil area would be sloped to a 20:1 grade in order to promote shorebird usage. The consultant (Moffatt & Nichol) has provided a detailed narrative in order to help in the review of this project. 11. Anticipated Impacts: This project should increase navigation of the area by recreational boaters and provide a deeper channel for commercial fishing vessels to safely ingress and egress. There would be lac of EW and PTA excavated and 1 Oac of EW and PTA filled during this project. Temporary siltation would occur during excavation and could affect neighboring Coastal Wetland and SAV areas. Name: Ryan Davenport Date: 7/24/19 Morehead City Coastal Management ENVIRONMENTAL OUALITY Carteret News Times Re: Public Notice — Carteret Co. Dear Sir: Please publish the attached Notice in the 8/4/19 issue of the Carteret News Times. ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director The State Office of Budget and Management require an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jessica Gibson, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Si 'D el yan Davenport oastal Management Representative Enclosure cc: Roy Brownlow, District Manager Doug Huggett, Major Permits Coordinator State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 7/19/19. According to the application, Carteret County applied to excavate Wainwright Slough in Pamlico Sound. A copy of the entire application may be examined or copied at the office of Ryan Davenport, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808 2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 8/23/19, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: 8/4/19 Stale of North Carolina I Environmental Quality I Comm] Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 NOTI(ol$17i CAMA PERMIT APPLIES COMMENTS ACCEPTED THROUGH APPLICANT: JUL 3 1 2019 OR INTACT FICER BELOW: Coastal Management ENVIRONMENTAL QUALITY Carteret County Government C/o Rudi Rudolph 302 Courthouse Square Beaufort, NC 2.8516 Dear Mr. Rudolph: ROY COOPER Goventor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director 7/29/19 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development at Wainwright Slough in Core Sound. The complete package was received on 7/19/19. The projected deadline for making a decision is 10/2/19. 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 7/19/19, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. J. Davenport astal Management Representative RECEIVED Enclosure cc: Doug Huggett, Major Permits Coordinator J U L 3 1 2019 Roy Brownlow, District Manager/Compliance Coordinator Johnny Martin, Moffatt & Nichol MP SECTION MH® State of North Carolina I Enviromnental Quality I Coastal Management 400 Commerce AVe I Morehead City, NC 28557 252 808 2808 DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New . __ Major Mod X-t7 Permit# Permit Coordinator: Field Representative:- d J- telm r; Minor Mod _ Renewal Transfer Date/Time Message Silt? -4a1� w/ WRC� a i,! ,t�is;�µ�L� Iry e 64--1 1310.J 7b ueet, . -tk . 1 a.,4+ej i —v{�� Ctww P*AJ-1u6.(- --loops ( lil, f CI,o•t l^fLGh) 7vr O.r,SlCwcf male cy 4,,:p p„etl.I.w2C. 9117111 lac<;�c� uPao � �Ia�s f �W-f �rO� 1�°t'�� c. 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(%+ 4 DCM Cool Applicant: 29-17 Aik k Distributed Yes® No ❑ Distribution Date: AGENCY WIRO WARD LPO 46r[ e/p 4V, Rachel Love Adrick MHC Rachel Love Adrick Washingon DCM Planner Mike Christenbury Wilmington Charlan Owens Eliz City US COE: Liz Hair Raleigh Bland (Beaufort Camden, Chowan, (Carteret, Onslow, Pender) Craven, Hertford, Hyde, Perquimans, Tyrrell) Tyler Crumbley (Temporarily away Josh Peletier — (Bertie, Currituck, Dare, Gates, everything goes to Liz) Pamlico, Posquotank, Washington) USCOE (NC DOT) (Brunswick, New Hanover) DOT - Tom Steffans—(Beaufort, Carteret, DOT Brad Shaver Craven, Pamlico (Brunswick, New Hanover, Onslow, Pender) Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Brunswick) Lee Padrick (Beaufort, Carteret Craven, Eliz Lee Padrick (Beaufort Carteret Craven City, Pamlico, Washington) Eliz City, Pamlico, Washington Cultural Resources Renee Gledhill -Earley Renee Gledhill -Earley Underwater Archaeology Chris Southerly or Nathan Henry Chris Southerly or Nathan Henry Div. of Water Infrastructure Heidi Cox Clif Whitfield Curt Weychert WIRO Marine Fisheries Shane Staples MHC Shane Staples WARO/ECRO NC DOT David Harris David Harris Shellfish Sanitation Shannon Jenkins & Sharon Gupton Shannon Jenkins & Sharon Gupton State Property Tim Walton & Mike Moser & Wanda Tim Walton & Mike Moser & Wanda Hillard Hillard Sheri A. Montalvo _ DEMLR/DWR: Sheri A. Montatvo (NC DOT) Kristy Lynn Carpenter Kristy Lynn Carpenter DEMLR Sediment & Erosion Dan Sams Sami Dumpor Storm water Christine Hall Roger Thorpe DWR 401 Robb Mairs (Carteret New Hanover Anthony Scarbraugh Onslow, Pender,) Chad Coburn (Brunswick) (NC DOT) Joanne Steenhuts Brunswick, New Garcy Ward Hanover, Onslow, Pender WRC F Maria Dunn (WARD) Maria Dunn (WARO) WRC (NC DOT) Travis Wilson Travis Wilson Natural Heritage Prograryl Rodney Bulter Rodney Butter T:\MAJOR PERMITSSECTION\Permits\Forms and Templates\Admin\Maj Comment Distribution Sheet 2019.docx Revised : 5/7/2019 —This is a word processing form to be completed in Microsoft Word"" NC Division of Coastal Management Major Permit Application Computer Sheet Applicant: Carteret County (Wainwright Slough) V29/19 Project Site County: Carteret Staff.' JRD District: ❑Elizabeth City LJWashington ®Morehead City ❑Wilmington Project Name: Wainwright Slough Rover File: WA Date of initial application submittal (EX.- 1/&20077/l/19 Date application 'received as complete" in the Field office (IX: 1/&2007):7/19/19 Permit Authorization: 10CAMA MDredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes ®No Photos Taken: Yes® No❑ Setback Required (riparian): ❑Yes No Critical Habitat U Yes ONo LJNotSure 15 foot waiver obtained: Yes MNo Hazard Notification Returned: ❑Yes ®No SAV: Yes ®No Not Sure Shell Bottom: El Yes ®No 0 Not Temporary Impacts: 0 Yes []No Sure Sandbags. ❑Yes ®No ❑ Not Sure Did the land use classification come from Mitigation Required (optional): county LUP. ®Yes []No []Yes ®No Moratorium Conditions: ElYes 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) Ll High Quality Waters (HOM 10 Outstanding Resource Waters (ORW) WETLANDS IMPACTED (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) (SS) Glasswort ( Salicomia sp.) wetlands) Ll (CJ) Saw grass (Cladium jamaicense) El (SA) Salt marsh cordgrass (Spariina (SY) Salt reed grass (Spartina altern flora) cynosuroides) IDS) Salt or spike grass (Disdchlis (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) Ll (JR) Black needlemsh (Juncus El (SP) Salt/meadow grass (Spartina roemedanus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; ❑ M(D) Priv. public or comet w/ D&F to 1 3490 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major 0 Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 El Permit Transfer- $100 M(B) Public or commercial w/D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 252-808-2808 :: 1-888.4RCOAST :: wwwmccoastalmanagement.net revised: 02115110 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 4) ❑ Major development extension request- ❑ 11. Public orcommerciatlno dredge $100 and/or rill - $400 ❑ 1. 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 revised 02115/10 MC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4) Applicant: Carteret County Date: 7129119 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. Number TYPE Choose One REPLACE Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 Excavate 1 2600' 75' 3 Fill 1 780' 570' New Work [I Maint ❑ Replace ❑ Y ❑ N New -Work El Maint ❑ Replace ❑ Y ❑ N New Work El Maint ❑ Replace ❑ Y ❑ N - NewWork❑ Maint ❑ Replace ❑ Y ❑ N New Work El Maint ❑ Replace ❑ Y ❑ N New Work❑ Maint ❑ Replace ❑ Y ❑ N New Work El Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N revised 02115/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4) C Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or tem im cts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp im ct amoun TOTAL Feet (Applied for Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration andror temp impact amount Open Water Fill 10ac 108C Open Water excavate 7ac 7ac Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fiff ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252.808.2808 :: 1-888-4RCOAST :: w .nccoastalmanaaement.net revised: 02115110 RECEIVED 1/11 moffatt & nichol 272 N. Front Sheet, Ste 204 Wilmington, NC 28401 (910) 218-7082 I www.moffatinichol.com To: Division of Coastal Management 400 Commerce Ave. Morehead City, NC 28557 Attn: Ryan Davenport Phone: (252)808.2808 { JUL 19 2019 DCM-MHD CITY TRANSMITTAL Date: 7/18119 Subject: Wainwright Slough Permit Modification Fee M&N Job No: 10153 Submittal No: WE ARE SENDING YOU VIA ® FedEx ❑ USPS ❑ Hand -Delivery ❑ Messenger ❑ Attached ❑ Other. ❑ Shop Drawings ❑ Information ❑ Drawings ❑ SampleslCatalog Cuts ❑ Specifications ❑ Letters ❑ Change Order ® Other: Copies I Description ❑ For your use ❑ For approval ❑ As requested ❑ Submit —copies for distribution ❑ For review and comment ❑ For Bids Due ❑ Return of _ corrected prints ❑ Resubmit _ copies for approval ❑ Return of Loaned Items ® Other: As required by rule for processing the modification request. REMARKS: Please find the enclosed cashier's check (No. 1662804953) for the Wainwright Slough permit modification fee. The fee is provided on behalf of Carteret County, as required by rule for the processing of a CAMA Major permit modification. cc: SIGNE� If enclosures are not as noted, kindly notify us at once. Gyl/loai c her AJOR PERMIT FEE MATRIX Applicant: I iuQ��J 1g5� Selection Development Type DCM % DWQ % P (14300 1501 4351000931625 6253) (243001502 435100095 2341) I. Private, non-commercial ❑ development that does not 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non - El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied: III(C). If General Water ❑ Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could RECEIVED be applied, but DCM staff determined that additional review and written DWQ JUL 19 2019 concurrence is needed because of concerns DCM-MHD CITY related to water quality or aquatic life: lll(D). If General Water ❑ Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) cannot be 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: NC Division of Coastal Management Cashier's Official Receipt Received Fromn ��'/+ ! l�98 /�1- �� I Permit No.: / \/T G , - Applicant's Name: — l S` k Al 4C4 4 J S LI A 01 h Project Address: 8858 A B(/!�)D Date: I 1 200 $ Z�50 Check No: County: I l, A Please retain receipt for your records s proof of payment for permit issued. Signature of Agent or Applicant: Date: Signature of Field Representative. Date: Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, September 16, 2019 8:21 AM To: Mairs, Robb L; York, Dawn Cc: Hair, Sarah E CIV CESAW CESAD (US) Subject: RE: NCDWR #2019-1032 Carteret County -Wainwright Slough Navigation Project Sorry all I was off last week and with the storm I might not be current on this email string. But I did want to update everyone that the project was put on hold on DCM's side on 8/9/19 by the applicant to address the comments made by WRC concerning the design of the island for optimal bird habitat. If there is anything else that has developed please keep me in the loop and I will distribute any revised drawings/information as needed. Thanks, Gregg From: Mairs, Robb L<robb.mairs@ncdenr.gov> Sent: Thursday, September 12, 2019 8:23 AM To: York, Dawn <dyork@moffattnichol.com> Cc: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: NCDWR #2019-1032 Carteret County -Wainwright Slough Navigation Project Hey Dawn, This follows our phone conversation earlier this week. As discussed, we will need you or the applicant to request that we place this application on -hold, which was received by the NC DWR on July 30, 2019, until the US Army Corps of Engineers completes their GP 291 process. Thanks and feel free to let me know if you need any further assistance. 4 Robb Mairs Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality 910 796.7303 office robb. mairsta7.ncdenr. aov https://deg. nc.aov/about/divisions/water-resources/water-resources-perm its/wastewater-branch/401-wetlands-buffe r- ep rmits 127 Cardinal Drive Extension Wilmin ton, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Bodnar, Gregg From: Neal, Robert <rneal@moffattnichol.com> Sent: Tuesday, September 17, 2019 2:36 PM To: Bodnar, Gregg Subject: [External] phone call il. Do not click links or open attachments unless you verify. Send all suspicious email as an Thanks Gregg, I got your call and understand making sure Marie is agreeable to our proposal is the best approach before moving forward. Thanks for letting me know! Best Regards, Robert Neal, P.E. Moffatt & Nichol 272 N. Front Street I Suite 204 1 Wilmington, NC 28401 P 910.218.7100 1 F 919.781.4869 1 C 910.524.3285 Creative People, Practical Solutions. Connect with us: Website I Facebook I Linkedin ( Twitter t Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Tuesday, September 17, 2019 11:57 AM To: Bodnar, Gregg; Mairs, Robb L; York, Dawn Subject: [External] RE: NCDWR #2019-1032 Carteret County -Wainwright Slough Navigation Project CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to repo rt.Spam@nc.gov<m ailto:report.spam@nc.gov> Hey Gregg, I'm coordinating with our Headquarters to see if the revised dredge project can be covered under SARBO, otherwise we will have to request to reinitiate section 7 consultation with NMFS PRD for the dredging. As soon as I get that question answered, I will send out the notice to the GP 291 distribution list. Liz -----Original Message ----- From: Bodnar, Gregg[mailto:gregg.bodnar@ncdenr.gov] Sent: Monday, September 16, 2019 8:21 AM To: Mairs, Robb L <robb.mairs@ncdenr.gov>; York, Dawn <dyork@moffattnichol.com> Cc: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: NCDWR #2019-1032 Carteret County -Wainwright Slough Navigation Project Sorry all I was off last week and with the storm I might not be current on this email string. But I did want to update everyone that the project was put on hold on DCM's side on 8/9/19 by the applicant to address the comments made by WRC concerning the design of the island for optimal bird habitat. If there is anything else that has developed please keep me in the loop and I will distribute any revised drawings/information as needed. Thanks, Gregg From: Mairs, Robb L <robb.mairs@ncdenr.gov> Sent: Thursday, September 12, 2019 8:23 AM To: York, Dawn <dyork@moffattnichol.com> Cc: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: NCDWR #2019-1032 Carteret County -Wainwright Slough Navigation Project Hey Dawn, This follows our phone conversation earlier this week. As discussed, we will need you or the applicant to request that we place this application on -hold, which was received by the NC DWR on July 30, 2019, until the US Army Corps of Engineers completes their GP 291 process. Thanks and feel free to let me know if you need any further assistance. Robb Robb Mairs Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality 910 796.7303 office robb.mairs@ncdenr.gov <mailto:robb.mairs@ncdenr.gov> Blocked https:Hdeq. nc.gov/abo ut/d ivisions/wate r-resources/water-resources-perm its/wastewater-branch/401- wetlands-buffer-perm its 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director NORTH CAROLINA Environmental Quality November 25, 2019 Carteret County Tommy Burns (tommy.bums@carteretcountync.gov) Rudi Rudolph (grudolph@carteretcountync.gov) Dear Sirs, This letter is in reference to the application submitted for a Coastal Area Management Act Major Permit to undertake the realignment of Wainwright Slough, in Carteret County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make February 9, 2020 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM Morehead City Robert Neal, Moffatt & Nochol (via email) 75 DEQ�� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Offke 1 400 Commerce Avenue I Morehead City, North Carolina 2B557 252.8082808 ROY COOPER NORTH CAROLINA Oovemor Envlron ntal Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS w Dlme r L August 9, 2019 Moffat and Nichol Mr. Robert Neal 272 N. Front St. Suite 204 Wilmington, NC 28401 Dear Mr. Neal: This correspondence acknowledges your August 9, 2019 email in which you indicated that your client, Carteret County, wishes to place his CAMA Major Permit application in abeyance to allow for time to redesign the bird island. Based on this request, processing of your application will be placed on hold until such time as a written request is received in this office requesting a resumption of application processing. As required by NCAC T15A:071.0204(d), the permit processing period will not run. Upon my receipt of a written request to reinitiate processing, the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning this matter, please feel free to contact me at (252) 808- 2808 ext. 215, or by e-mail at gregg.bodnar@ncdenr.gov. Sincerely, Gregg Bodnar Assistant Major Permits Coordinator North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 252.806.2808 Bodnar, Gre From: Neal, Robert <rneal@moffattnichol.com> Sent: Friday, August 09, 2019 11:16 AM To: Bodnar, Gregg Cc: Rudi Rudolph; York, Dawn; Lindsay Addison; csmalling; Davenport, Ryan; Dunn, Maria T.; Gene Foxworth Subject: [External] Wainwright Slough - Applicant Hold Gregg, -Thank you for the phone call this morningl In accordance with our conversation, I would like to request the CAMA Major Permit application for Wainwright Slough to be placed on Applicant Hold to redesign Wainwright Island. For our redesign we will show a maximum disturbance footprint (including elevations and slopes) for the placement site and also delineate anticipated minimum design features for the island crest elevation, slopes, and impact areas. We will provide the revisions in plan and written form on revised permit drawings and within the application itself. Thanks again for the conversation! Best Regards, Robert Neal, P.E. Moffatt & Nichol 272 N. Front Street J Suite 204 1 Wilmington, NC 28401 P 910.218.7100 1 F 919.781.4869 1 C 910.524.3285 Creative People, Practical Solutions. Connect with us: Website I Facebook I Linkedln I Twitter ROY COOPER NORTH CAROLINA Governor Environmental Quality NCHAEL S. REGAN Secretary BRAXTON C. DAVIS Director October 3, 2019 Carteret County Mr. Greg Rudolph (via email) SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Wainwright Slough in Carteret County Dear Mr. Rudolph: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Morehead City office on July 19, 2019. On August 9, 2019, processing of your application was placed on hold by the applicant to process comments from NC Wildlife Resources Commission (WRC) requesting a redesign of the spoil island to better create bird habitat. This office received an email from the WRC staff that their request had been satisfied and Carteret County has therefore requested the project be taken off of applicant hold via email on October 3, 2019. Therefore, processing of your permit application has officially resumed. The revised projected 75-day deadline for making a decision is November 26, 2019. Please feel free to contact me by phone at (252) 808-2808 ext. 215 if you would like to discuss this matter further. Sincerely, 4JF�=�� Gregg Bodnar Assistant Major Permits Coordinator CC: Robert Neal (Moffat and Nichol) via email North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead CBy, North Carolina 28557 252.8082808 Bodnar, Gregg From: Gregory Rudolph <grudolph@carteretcountync.gov> Sent: Thursday, October 03, 2019 11:06 AM To: Bodnar, Gregg; Neal, Robert Cc: Dunn, Maria T.; Lindsay Addison Subject: Re: [External] Wainwright Slough Revisions Thanks Gregg and please do take us off the applicant hold and start the meter say so to speak whenever it appropriate to do so. Thanks again everyone. Cheers - rudi Greg "rudi" Rudolph Carteret County Shore Protection Office P.O. Box 4297 Emerald Isle, N.C. 28594 252 222-5835 252 241-3264 (cell) 252 222-5826 (fax) www.protectthebeach.com From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Thursday, October 3, 2019 10:59 AM To: Neal, Robert <rneal@moffattnichol.com> Cc: Gregory Rudolph <grudolph@carteretcountync.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Lindsay Addison <laddison@audubon.org> Subject: RE: [External] Wainwright Slough Revisions Thanks Robert. No need for the thumb drive. I will add it to the existing thumb drive already in the file. I will send these revisions out to the review agencies asap. Please advise if you and the County would like to take the project off applicant hold as well. If that is the case I will let you know what the revised 75 day date is shortly thereafter. Thanks again, Gregg From: Neal, Robert <rneal@moffattnichol.com> Sent: Wednesday, October 02, 2019 10:20 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Rudi Rudolph <grudolph@carteretcountygov.org>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Lindsay Addison <laddison@audubon.org> Subject: [External] Wainwright Slough Revisions Gregg — Hope your week is going well! Please find attached the revised narrative and permit drawings for Wainwright Slough. The revised documents are being provided in response to comments received from WRC regarding the material placement height for Wainwright Island and the datum conversion between MLLW and MHW. For reference the material placement will help build the islands elevation to between +5 and +6 MLLW, which translates to between +4.62 and +5.62 MHW. These clarifications have been made in both the narrative and permit drawings. I am also sending a paper copy of the revisions to your attention. Please let me know if you need an new full electronic copy of the submittal, I can bring a USB drive by tomorrow as well! Thanks again for your assistance! Best Regards, Robert Neal, P.E. Moffatt & Nichol 272 N. Front Street I Suite 204 1 Wilmington, NC 28401 P 910.218.7100 1 F 919.781.4869 1 C 910.524.3285 Creative People, Practical Solutions. ° Connect with us: Website I Facebook I Linkedln I Twitter Disclaimer: The content of this message and all attachments are subject to NC Public Record Law. According to the law all information except the property of a private individual is considered public record and subject to disclosure upon request to third parties without prior notification. If you are not the intended recipient of this message contact the sender immediately and delete the message from your files. Thank you for your cooperation.