HomeMy WebLinkAbout94-20 Minor Mod NC Division of Mitigation ServicesPermit Class
MODIFICATION/MINOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vennit
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
94-20
Issued to NC Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699
Authorizing development in Hyde County at in Pamlico Sound along Gull Shoal, 3 NM
south of Long Point, as requested in the permittee's letter dated 5/16/22 including the attached workplan
drawings (3) Proposed Ramp Design dated 4/28/22 Steel Piles dated 5/9/22 and Overview dated 5/12/22.
This permit, issued on June 30, 2022 , 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
)e subject to tines, imprisonment or civil action; or may cause me permit to oe nml auu vuw.
1) Unless specifically altered herein, this Minor Modification authorizes the temporary placement of
four pilings and sheet pile ramp, staging area expansion, removal of derelict vessel, and deletion of
the previously authorized dock improvements, all as expressly and specifically set forth in the
attached letter and workplan drawings. Any additional development activities may require a
modification of this permit.
2) All,temporary structures authorized under this Minor Modification shall be removed immediately
after operations utilizing those structures has been completed and the area returned to pre -project
conditions.
(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, 2023
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 t;nair
of the Coastal Itesomces Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
DCM Coordinator: ( Permit #: � 24�) wo"W_ ff`>
40 G11 X(AMAHXiG DISTRIBUTION SHEET /
Permittee: t �p►KS 1Ef 141 ( 5eivi; re 'c� A(C 2_7(_9P
Agents:cCtF
DCM Field Offices
Elizabeth City Washington '91C40^C (with revised work plan drawings)
Morehead City Wilmington (OBJECTIONS )
US ACOE Offices:
Washington: 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:
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Washington:
Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Renee Gledhill -Earley at Environmental.Review@ncdcr.gov
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Chris Pullinger — 401 Rohr{— p
TBD - 401
Clif Whitfield (WARO)
Jimmy Harrison
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider — 401 (Fender, Brunswick, New Hanover)
John Perry — 401 (Onslow, Carteret)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources:
Natural Heritage Program
LPO:
Maria Dunn (WARO)
Rodney Butler
(NCDOT) Travis Wilson
bd11
1C. Imolfaff b nichol
May 16, 2022
N.C. Division of Coastal Management
C/O Shane Staples
943 Washington Square Mall
Washington, NC 27889
Dear Mr. Staples,
This letter is a follow-up to our original letter of April 29, 2122, in which Moffatt and Nichol, on behalf of
the N.C. Division of Mitigation Services, applied for a minor modification to Coastal Area Management
Act (LAMA) Major Permit No. 94-20, which was issued on September 24, 2020. Permit 94-20 authorized
the construction of the 42-acre Pamlico Sound Oyster Sanctuary. This permit also authorized the use of
a stockpile and loading site located off of Hill Road in Engelhard (Hyde County). To date authorized
improvements to the stockpile and loading site have taken place and stockpiling of the riprap material
that will ultimately make up the reef has begun and is ongoing. It is anticipated that transportation via
barge of the riprap material to the reef site should begin by the end of May. However, in order to
facilitate the efficient and safe transfer of the rip rap material to the barges at the loading site, several
site improvements will be required, some of which I believe will require modification to Permit No. 94-
20. These items are summarized as follows:
A) Temporary placement of four 60' x 24"-diameter steel pipe breasting pilings (see attached plan
view drawing). The proposed pipes will extend into the water body a maximum distance of 45',
as measured from the normal high water line. These four steel pipe breasting pilings are
necessary for the safe mooring of the barges that will transport the reef material from this site
to the offshore reef locations. Following project completion (currently anticipated to be
towards the end of 2022), these breasting pilings will be removed.
B) The construction of a temporary sheet pile ramp structure located at the shoreline. This
structure will be located along the shoreline but will not extend to or below the mean high
water line. The location of the temporary ramp is Indicated on the attached plan view drawing.
Please note that the high water line shown on this drawing are incorrect — the true high water
line is along the banked shoreline. This temporary ramp structure will not be located with
_I - J I tI L I M I N 1 O 1 P
Proposed Ramp Design Ramp Side 10 Sheet Pairs Total
Profile View _ _ ------
3
T, Y -- — 41-2"
�—" 201-10" — -
' Backside View Ramp Backside 6 Sheet Pairs
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NOTES, PAMLICO SOUND OYSTER SANCTUARY PROJECT
RAMP DESIGN INCLUDES 16 PZC-18 SHEET PAIRS TOTAL. 5 PAIRS ON ENGELHARD, NC N/A N/A
SIDES WITH 6 PAIRS ON THE BACK WALL. A PAIR MEASURES 50' WIDE. '" `I /
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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
To:
From:
Through:
Date:
Subject:
NORTH CAROLINA
Environmental Quality
Memorandum
Gregg Bodnar
Shane Staples
Kelly Spivey
June 13, 2020
Modification of CAMA Major Permit No. 94-20 issued to the NC Division of
Mitigation Services
CAMA Major Permit 94-20 was issued to the NC Division of Mitigation Services on September
24, 2020 for the construction of the 42-acre Pamlico Sound Oyster Sanctuary and an upland
stockpile and loading area located in Engelhard, NC.
A completed request to modify CAMA Major Permit No. 94-20 was received on June 10, 2020
with the temporary placement of 4 - 60' x 24"-diameter pilings within Far Creek adjacent to the
permitted stock pile area. The proposed pilings will extend into the water body a maximum
distance of 45' from normal high water. The purpose of these pilings is to aid in mooring and
loading of the barge with the reef material. These pilings will be removed following completion
of the project anticipated near the end of 2022. Additionally, to aid in loading the reef material
on the barges a temporary ramp measuring 21'10" long and 25' wide. The ramp will be
.constructed with steel sheet -pile to contain material and will be located at the edge of the
bank. This structure will also be removed after project completion and the area restored to pre -
project conditions.
r, 'ZEC7-" V E D
JUN 2 0 2022
MP SECTION PMAD
North Carolina Department of Environmental Quality I Division of Coastal Management
Washington Office 1 943 Washington Square Mail I Washington, North Carolina 27889
252.946.6481
N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER (ARPO)
NOTIFICATION/WAIVER FORM
HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner. _N.C. Seafood Industrial Park
Address of Property: HiII,Street, Engelhard,
Mailing Address of Owner: 1652 Mail Service Center, Raleigh, NC 27699
Owner's email:
Owner's Phone #:
Agent's Name: _Doug Huggett Agent Phone #: _919 534 6834
Agent's Email: _dhuggett@moffattnichol.com
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Riparian Property Owner)
I hereby certify that I own property adjacent to the above referenced property. The individual applying
for this per it has described to me, as shown on the attached drawing, the development they are
proposi . A description or drawing, with dimensions, must be provided with this letter.
I DO NOT have objections to this proposal (please initial)
I DO have objections to this proposal. (please initial)
If you have objections to what is being proposed, you must notify the N.C. Division of Coastal
Management (DCM) in writing within 30 days of receipt of this notice. Correspondence should be mailed
to 943 Washington Square Mall, Washington, NC 27889. DCM re res/e���tatives can also be contacted at
(252)946-6481. .11 , t 1
Signature of Adjacent Riparian Property Owner:
Typed/Printed name of ARPO:
Mailing Address of ARPO: 10. tspx
ARPO's email: qOPone#: �
_�a atD 44M
Date: S 7"ZWe— *;waiver is valid for up to one year from ARPO's Signature*
OD
JUN 2 0 2022
BE
May 16, 2022
N.C. Division of Coastal Management
C/o Shane Staples
943 Washington Square Mall
Washington, NC27889
Dear Mr. Staples,
mollall & nlchol
This letter is a follow-up to our original letter of April 29, 2122, in which Moffatt and Nichol, on behalf of
the N.C. Division of Mitigation Services, applied for a minor modification to Coastal Area Management
Act (CAMA) Major Permit No. 94-20, which was issued on September 24, 2020. Permit 94-20 authorized
the construction of the 42-acre Pamlico Sound Oyster Sanctuary. This permit also authorized the use of
a stockpile and loading site located off of Hill Road in Engelhard (Hyde County). To date authorized
Improvements to the stockpile and loading site have taken place and stockpiling of the riprap material
that will ultimately make up the reef has begun and is ongoing. It is anticipated that transportation via
barge of the riprap material to the reef site should begin by the end of May. However, in order to
facilitate the efficient and safe transfer of the rip rap material to the barges at the loading site, several
site improvements will be required, some of which I believe will require modification to Permit No. 94-
20. These items are summarized as follows:
A) Temporary placement of four 60' x 24"-diameter steel pipe breasting pilings (see attached plan
view drawing). The proposed pipes will extend into the water body a maximum distance of 45',
as measured from the normal high waterline. These four steel pipe breasting pilings are
necessary for the safe mooring of the barges that will transport the reef material from this site
to the offshore reef locations. Following project completion (currently anticipated to be
towards the end of 2022), these breasting pilings will be removed.
B) The construction of a temporary sheet pile ramp structure located at the shoreline. This
structure will be located along the shoreline but will not extend to or below the mean high
water line. The location of the temporary ramp is indicated on the attached plan view drawing.
Please note that the high water line shown on this drawing are incorrect — the true high water
line is along the banked shoreline. This temporary ramp structure will not be located with
wetlands.
JUN 2 0 2022
Flap 11 3ET 10N PA D
The temporary sheet pile ramp structure will be 20'-10" long and 25' wide (see attached sheet
pile structure detail). Following project completion, the ramp structure will be removed, and
the impacted area restored to its pre -project conditions.
With regards to the buffer requirements of the Division of Water Resources, it is believed that
this ramp structure should qualify as an allowable use under either 15A NCAC 02B.0734(11)(ee)
— Temporary Roads, or 15A NCAC 02B.0734(11)(ss) - Vehicle Access Roads Leading to Water
Dependent Activities.
Since our original submittal, I have been able to discuss this issue with Division of Water
Resources staff, and I believe that one of the allowable uses mentioned above should apply in
this case.
C) The Capt. Mike, an abandoned and derelict marine vessel located along the shoreline, will need
to be removed to facilitate safe barge mooring along the shoreline. This vessel does not appear
to be significantly buried In bottom sediments, and should be easily be able to be removed via
barge -based and land -based equipment, with no dredging necessary. This issue was briefly
addressed in the project narrative submitted with the original permit application. Additionally,
the Corps of Engineers indicated in a February 4, 2022 email that:
"The oyster reef project was authorized via the CAMA Major Permit Process and all federal
review and requirements hove been satisfied. The vessel removal was part of the review process
and were authorized through that process.
No further coordination required through our office."
Given the information presented, we do not believe that this vessel removal should require any
additional permit approvals, and we would like to request your agency's concurrence on this
point.
Our original April 29, 2022, modification request also mentioned the repair of an existing
dilapidated dock along the shoreline. The Contractor now indicates that the repair of this dock
is no longer necessary, so please consider the originally proposed dock improvements as being
deleted from the modification request.
Additionally, as you and I have previously discussed, the originally permitted staging area has
been expanded beyond what was originally included in the original permit application package
for this project. The expanded staging area, which has already received stormwater approval
from the Division of Energy, Mineral and Land Resources, includes an expanding staging area
and alternative access road. All of the expanded staging area takes place a minimum of 75'
landward from the normal high water line. With this information in mind, we respectfully
request that the expanded staging area be included as a part of the permitted project, and this
information be included as part of the permitted project. ,{ C Fw FR P .,, r,
ti Ufa a �.9 lip 3 \s
JUN 2 0 2022
oP SECTION QUID
As we have previously stated, the above referenced activities are critically important for
ensuring that this important project moves forward as scheduled. Therefore, should you have
any questions about any of these items, or need additional information in order to process this
request, please feel free to contact me at any time. Additionally, a processing fee of $100 will
be provided to your office shortly.
Si eGrely,
v
Doug Huggett
JUN 2 0 2022
May 16, 2022
N.C. Division of Coastal Management
C/O Shane Staples
943 Washington Square Mall
Washington, NC 27889
Dear Mr. Staples,
molfall & nichol
This letter is a follow-up to our original letter of April 29, 2122, in which Moffatt and Nichol, on behalf of
the N.C. Division of Mitigation Services, applied for a minor modification to Coastal Area Management
Act (CAMA) Major Permit No. 94-20, which was issued on September 24, 2020. Permit 94-20 authorized
the construction of the 42-acre Pamlico Sound Oyster Sanctuary. This permit also authorized the use of
a stockpile and loading site located off of Hill Road in Engelhard (Hyde County). To date authorized
improvements to the stockpile and loading site have taken place and stockpiling of the riprap material
that will ultimately make up the reef has begun and is ongoing. It is anticipated that transportation via
barge of the riprap material to the reef site should begin by the end of May. However, in order to
facilitate the efficient and safe transfer of the rip rap material to the barges at the loading site, several
site improvements will be required, some of which I believe will require modification to Permit No. 94-
20. These items are summarized as follows:
A) Temporary placement of four 60' x24"-diameter steel pipe breasting pilings (see attached plan
view drawing). The proposed pipes will extend into the water body a maximum distance of 45',
as measured from the normal high water line. These four steel pipe breasting pilings are
necessary for the safe mooring of the barges that will transport the reef material from this site
to the offshore reef locations. Following project completion (currently anticipated to be
towards the end of 2022), these breasting pilings will be removed.
B) The construction of a temporary sheet pile ramp structure located at the shoreline. This
structure will be located along the shoreline but will not extend to or below the mean high
water line. The location of the temporary ramp is indicated on the attached plan view drawing.
Please note that the high water line shown on this drawing are incorrect —the true high water
line is along the banked shoreline. This temporary ramp structure will not be located with
wetlands.
Pt Epp
JUN 2 0 2022
LIP SECTION NEM
The temporary sheet pile ramp structure will be 20'-10" long and 25' wide (see attached sheet
pile structure detail). Following project completion, the ramp structure will be removed, and
the impacted area restored to its pre -project conditions.
With regards to the buffer requirements of the Division of Water Resources, it is believed that
this ramp structure should qualify as an allowable use under either 15A NCAC 02B.0734(11)(ee)
— Temporary Roads, or 15A NCAC 02B.0734(11)(ss) - Vehicle Access Roads Leading to Water
Dependent Activities.
Since our original submittal, I have been able to discuss this Issue with Division of Water
Resources staff, and I believe that one of the allowable uses mentioned above should apply in
this case.
C) The Capt. Mike, an abandoned and derelict marine vessel located along the shoreline, will need
to be removed to facilitate safe barge mooring along the shoreline. This vessel does not appear
to be significantly buried in bottom sediments, and should be easily be able to be removed via
barge -based and land -based equipment, with no dredging necessary. This issue was briefly
addressed in the project narrative submitted with the original permit application. Additionally,
the Corps of Engineers indicated in a February 4, 2022 email that:
"The oyster reef project was authorized via the CAMA Major Permit Process and all federal
review and requirements have been satisfied. The vessel removal was part of the review process
and were authorized through that process.
No further coordination required through our office."
Given the information presented, we do not believe that this vessel removal should require any
additional permit approvals, and we would like to request your agency's concurrence on this
point.
Our original April 29, 2022, modification request also mentioned the repair of an existing
dilapidated dock along the shoreline. The Contractor now indicates that the repair of this dock
is no longer necessary, so please consider the originally proposed dock improvements as being
deleted from the modification request.
Additionally, as you and I have previously discussed, the originally permitted staging area has
been expanded beyond what was originally included in the original permit application package
for this project. The expanded staging area, which has already received stormwater approval
from the Division of Energy, Mineral and Land Resources, includes an expanding staging area
and alternative access road. All of the expanded staging area takes place a minimum of 75'
landward from the normal high water line. With this information in mind, we respectfully
request that the expanded staging area be included as a part of the permitted project, and this
information be included as part of the permitted project.
JUN 2 0 2022
Mp Co_�D TFO igHe )
As we have previously stated, the above referenced activities are critically important for
ensuring that this important project moves forward as scheduled. Therefore, should you have
any questions about any of these items, or need additional information in order to process this
request, please feel free to contact me at any time. Additionally, a processing fee of $100 will
be provided to your office shortly.
Si erely,
Doug Huggett
PE- GElf""9 ED
J U N 2 0 2022
MP SEC J ITH-0
Proposed Ramp Design
Ramp Side 10 Sheet Pairs Total
Profile View
IT 2,
20'-10'
Backside View
Ramp Backside
6 Sheet Pairs
25.0'
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A PAIR MEASURES 5v' VIDE
PAMLICO SOUND OYSTER SANCTUARY PROJECT
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N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER (ARPO)
NOTIFICATION/WAIVER FORM
HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner: _N.C. Seafood Industrial Park
Address of Property: Hill Street, Engelhard,
Mailing Address of Owner: 1652 Mail Service Center, Raleigh, NC 27699
Owner's email:
Owner's Phone #:
Agent's Name: _Doug Huggett Agent Phone #: _919 534
Agent's Email: _dhuggett@moffattnichol.com
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Riparian Property Owner)
I hereby certify that I own property adjacent to the above referenced property. The individual applying
for this permit has described to me, as shown on the attached drawing, the development they are
LA
g. A description or drawing, with dimensions, must be provided with this letter.
DO NOT have objections to this proposal (please initial)
I DO have objections to this proposal. (please initial)
If you have objections to what is being proposed, you must notify the N.C. Division of Coastal
Management (DCM) in writing within 30 days of receipt of this notice. Correspondence should be mailed
to 943 Washington Square Mall, Washington, NC 27889. DCM representatives can also be contacted at
(252) 946-6481.
roo��sie�ea by -
Signature of Adjacent Riparian Property Owner: I�>�%f*� (�
1-149448MBERED...
Typed/Printed name ofARPO: Marshall Gill for NCDOT
Mailing Address ofARPO: 19210 US Hwy 64 East, williamston, NC 27892
ARPO's email: mbgill@ncdot.gov ARPO's Phone#: 252-789-6150
Date: 06/10/2022 *waiver is valid for up to one year from ARPO's Signature*
JUN 2 0 2022
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
To:
From:
Through:
Date:
Subject:
NORTH CAROLINA
Environmental Quality
Memorandum
Chris Pullinger
Shane Staples
Kelly Spivey
June 13, 2020
Modification of CAMA Major Permit No. 94-20 issued to the NC Division of
Mitigation Services
CAMA Major Permit 94-20 was issued to the NC Division of Mitigation Services on September
24, 2020 for the construction of the 42-acre Pamlico Sound Oyster Sanctuary and an upland
stockpile and loading area located in Engelhard, NC.
A completed request to modify CAMA Major Permit No. 94-20 was received on June 10, 2020
with the temporary placement of 4 - 60' x 24"-diameter pilings within Far Creek adjacent to the
permitted stock pile area. The proposed pilings will extend into the water body a maximum
distance of 45' from normal high water. The purpose of these pilings is to aid in mooring and
loading of the barge with the reef material. These pilings will be removed following completion
of the project anticipated near the end of 2022. Additionally, to aid in loading the reef material
on the barges a temporary ramp measuring 21'10" long and 25' wide. The ramp will be
constructed with steel sheet -pile to contain material and will be located at the edge of the
bank. This structure will also be removed after project completion and the area restored to pre -
project conditions.
�ri®CE7ti+I iE �'�, rem ta,a u,,. v
J U N 2 0 2022
N1 P S E C T 10 N NI�-aD
North Carolina Department of Environmental Quality I Division of Coastal Management
Washington Office 1943 Washington Square Mall I Washington, North Carolina 27889
252.946.6481
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
To:
From:
Through:
Date:
Subject:
NORTH CAROLINA
Environmental Quality
Memorandum
Maria Dunn
Shane Staples
Kelly Spivey
June 13, 2020
Modification of CAMA Major Permit No. 94-20 issued to the NC Division of
Mitigation Services
CAMA Major Permit 94-20 was issued to the NC Division of Mitigation Services on September
24, 2020 for the construction of the 42-acre Pamlico Sound Oyster Sanctuary and an upland
stockpile and loading area located in Engelhard, NC.
A completed request to modify CAMA Major Permit No. 94-20 was received on June 10, 2020
with the temporary placement of 4 - 60' x 24"-diameter pilings within Far Creek adjacent to the
permitted stock pile area. The proposed pilings will extend into the water body a maximum
distance of 45' from normal high water. The purpose of these pilings is to aid in mooring and
loading of the barge with the reef material. These pilings will be removed following completion
of the project anticipated near the end of 2022. Additionally, to aid in loading the reef material
on the barges a temporary ramp measuring 21'10" long and 25' wide. The ramp will be
constructed with steel sheet -pile to contain material and will be located at the edge of the
bank. This structure will also be removed after project completion and the area restored to pre -
project conditions.
JUN 2 0 2022
E?YIP S ECTMAM PO4'aI' D
North Carolina Department of Environmental Quality I Division of Coastal Management
Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889
257946.6481
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
To:
From:
Through:
Date:
Subject:
NORTH CAROLINA
Environmental Quality
Memorandum
Raleigh Bland
Shane Staples
Kelly Spivey
June 13, 2020
Modification of CAMA Major Permit No. 94-20 issued to the NC Division of
Mitigation Services
CAMA Major Permit 94-20 was issued to the NC Division of Mitigation Services on September
24, 2020 for the construction of the 42-acre Pamlico Sound Oyster Sanctuary and an upland
stockpile and loading area located in Engelhard, NC.
A completed request to modify CAMA Major Permit No. 94-20 was received on June 10, 2020
with the temporary placement of 4 - 60' x 24"-diameter pilings within Far Creek adjacent to the
permitted stock pile area. The proposed pilings will extend into the water body a maximum
distance of 45' from normal high water. The purpose of these pilings is to aid in mooring and
loading of the barge with the reef material. These pilings will be removed following completion
of the project anticipated near the end of 2022. Additionally, to aid in loading the reef material
on the barges a temporary ramp measuring 21'10" long and 25' wide. The ramp will be
constructed with steel sheet -pile to contain material and will be located at the edge of the
bank. This structure will also be removed after project completion and the area restored to pre -
project conditions.
p aL.0 E 5nVE®
J U N 2 0 2022
North Carolina Department of Environmental Quality l Division of Coastal Management
Washington Office 1943 Washington Square Mall I Washington, North Carolina 27889
D /'� 2SZ946.6481
Bodnar, Gregg
From: Dunn, Maria T.
Sent: Wednesday, June 15, 2022 11:02 AM
To: Bodnar, Gregg; Spivey, Kelly
Cc: Staples, Shane
Subject: RE: Minor Mod 94-20 Hyde County
NCWRC has reviewed the modification request and has no specific comment regarding the temporary measures needed
to aid in material deployment for NCDMS's Pamlico Sound Oyster Reef.
Thank you for the opportunity to review and provide comment. Please don't hesitate to call or email if I can provide
additional assistance.
Maria
Maria T. Dunn
Coastal Coordinator
NC Wildlife Resources Commission
943 Washington Sq. Mall
Washington, NC 27889
office:252-948-3916
www.ncwildlife.org
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
From: Sparks, Keri E <Keri.Sparks@ncdenr.gov>
Sent: Monday, June 13, 2022 9:15 AM
To: Dunn, Maria T. <maria.dunn@ncwildlife.org>
Cc: Staples, Shane <shane.staples@ncdenr.gov>
Subject: Minor Mod 94-20 Hyde County
Good morning,
Please attached for minor mod for 94-20 in Hyde Count
Keri E. Sparks
-� Admhdstrative Associate 11
D,E Divisioa ofEn virunmentul Assistance and
Customerservice
_
t NC Department of Environmental Quality
mrnul wa i\ /� Office: 252-948-3820
v keri.soarks�ncdenr.eov
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
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Dlmmr
NC Division of Mitigation Services
Attn: Lin Xu
1652 Mail Service Center
Raleigh, North Carolina 27699-1652
Subject:
11MkTJJTW AA
NORTH CAROLINA
Environmental Quality
June 24, 2022
RECEIVED
JUN 2 4 2022
DWR # 20200865 Ver. 2
Hyde County
APPROVAL OF TAR-PAMLICO BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL
CONDITIONS
PAMLICO SOUND OYSTER SANCTUARY MITIGATION SITE
You have our approval for the impacts listed below for the purpose described in your application dated
May 28, 2022, received by the Division of Water Resources (Division) May 28, 2022. These impacts are
covered by the Tar -Pamlico Buffer Rules and the conditions listed below. This Buffer Authorization does
not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local
approvals before proceeding with the project, including those required by, but not limited to, Sediment
and Erosion Control, Non -Discharge, Water Supply Watershed, and/orStormwater regulations.
The following impacts are hereby approved, provided that all of the Conditions listed below, and all of
the conditions of the Tar -Pamlico Buffer Rules are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0611(b)(2)
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers —Zone 1
Temporary Ramp
0 (square feet)
200 (square feet)
Buffers — Zone 2
0 (square feet)
0 (square feet)
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 this Authorization Certificate. If you change
your project, you must notify the Division and you may be required to submit a new application
package. If the property is sold, the new owner must be given a copy of this Authorization Certificate
and is responsible for complying with all conditions. [15A NCAC 02B .0611(b)(2)]
D ln W13 North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
M M 919.707.9000
«ovuwaun�wmem+m.mr�
NC Division of Mitigation Services
DWR# 20200865 Ver. 2
Buffer Authorization Certificate
Page 2 of 3
If you are unable to comply with any of the conditions below, you must notify the Washington Regional
Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
becomes aware of the circumstances.
The permittee shall report to the Washington Regional Office any noncompliance with the conditions of
this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC
02B .0734]. 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.
Additional Conditions:
1. After project is completed, the temporary ramp shall be removed and the existing use restored
to the original condition.
2. The Permittee shall replant the vegetation within temporarily disturbed areas located within 30
feet of the shoreline or most landward limit of normal high-water level associated with this
project in an "in kind" manner immediately following construction. (Example: Disturbed areas
with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing
trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas
with pre-existing forest vegetation must be replanted with forest vegetation including at least
two different native hardwood tree species at a density sufficient to provide 260 trees per acre
at maturity. This density can usually be achieved by planting approximately 436 (10 x 10
spacing) to 681 (8 x 8 spacing) trees per acre.) Replanting of trees/shrubs/forest must be
completed by the first subsequent planting season (November 1 through March 30). Note, if
the tree plantings do not survive, they will need to be replaced such that the density is sufficient
to provide 260 trees per acre at maturity. [15A NCAC 02H .0507(c), 15A NCAC 02H .0506(b)(3),
and Table of Use for each buffer rule 15A NCAC 2B.0734(11)(ee), (ff)
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon the
presentation of proper credentials, the Division may inspect the property.
This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina
General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina
Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a
Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North
Carolina Administrative Code. Additional information regarding requirements for filing a Petition and
Petition forms may be accessed at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919)
431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Authorization Certificate in accordance with N.C.G.S 15013-23(a).
Pic l 6
J U N 2 4 2022
North Carolina Department of Environmental Quality I Division of Water Resources
®� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, No ��ini ff
919.707.9000 f��
omam�mu�w�w m.m,�
NC Division of Mitigation Services
DWR# 2020086S Ver. 2
Buffer Authorization Certificate
Page 3 of 3
This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor
does it create any prescriptive right or any right of priority regarding any usage of water. This
Authorization Certificate shall not be interposed as a defense in any action respecting the determination
of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this
Authorization Certificate to possess any prescriptive or other right of priority with respect to any other
consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was
initiated or expanded.
This Authorization shall expire five (5) years from the date of this letter.
This letter completes the Division's review under the Tar -Pamlico Riparian Buffer Rules as described in
15A NCAC 02B .0734. Please contact Robert Tankard at 252-948-3921 or robert.tankardCcDncdenr.eov if
you have any questions or concerns.
Sincerely,
Plow T"."
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
Washington Regional Office
Electronic cc: Doug Huggett, Moffatt & Nichol
USACE Washington Regulatory Field Office, Raleigh Bland
Laserfiche
J U N 2 4 2022
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North Carolina Department of Environmental Quality I Division of W ater Resources
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512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 276994617
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919.707.9000