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
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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.