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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 25r-nw b V 7 I p. 011 8 U l/ 8 9 9 [,a-- 4._2" --Sol 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 / DESIGN VIEW IS INTENDED ABOVE GROUND. SJ HAMILL CONSTRUCTION, LLC SCO ID # 17-17595-01A MWN MM JUN [ �'' L OK N. CHARLESTON, SC 29405 DMS D16028-5 04.28.2022 6S JH N�*�PSHEEIs SJH Job # 21-27 u uru aaar"uem" p w A l.,a 1 OF 1 r PAMLICO SOUND OYSTER SANCTUARY PROJECT ? CREEK LOCATIONS. 4 PIPES IN TOTAL A1® pA1e N/A 2 CREEK CHANNEL HASIN. PIPES ARE 60'%24'. ENGELHARD, NC HAVE A MAXIMUM DISTANCE OF 20' FROM D PILINGS HAVE A MAXIMUM DISTANCE OF 25' SJ HAMILL CONSTRUCTION, LLC SCO ID # 17-17595-01A RESULTING IN 45' OF DISTANCE FROM N. CHARLESTON, SC 29405 os.os.zozz DMS D18028-S SJH Job # 21-27 M IW�LOOI�I�pIpY N/A awl 4 u - N 2 G 2022 avers 1 OF 1 LIP SECTION NIHD vat J, .. f s f' t PAMUCO SOUND OYSTER SANCTUARY PROJECT suevb m onle ENGELHARD, NC NSAWWN I o SJ HAMILL CONSTRUCTION, LLC SCO ID # 17-17595-01A os.T2lz.z02ozz N. CHARLESTON, SC 29405 DMS D16026-S`S SJH Job # 21-27 IaL �i xuua eexmxlvnox rcA� 1 11=50' 1=1 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 $100 will be provided to your office shortly. Si erely, Doug Huggett PE- GElf""9 ED J U N 2 0 2022 MP SEC J ITH-0 Proposed Ramp Design Ramp Side 10 Sheet Pairs Total Profile View IT 2, 20'-10' Backside View Ramp Backside 6 Sheet Pairs 25.0' r-� fpP� [?i C_ 77 M a-2" L F, .e NOTES, G 5 9 5 S So- ON RAMP p WITH SIDES V E PAWS DR IPAIRSES I6 PZCA WALL. PAIRS MEASURES A PAIR MEASURES 5v' VIDE PAMLICO SOUND OYSTER SANCTUARY PROJECT ENGELHARD. NC a NAB fV ..�:✓'� l'- wr w2 u•Jeawn IE OES101 VIEW IS INTENVEp PBDVE GvpYN0. D A OVE NO. SJ HARLC ON. STo 040 N, LLC DSCOMS ID 6028-]$g$•C1(e x cNARLE$TDN, sc 291E5 DMS D7602BS H `c.m� N N B � w.wa SJH Job # 21-27 .,:r SJ .�9 s a � ilk -0.76 Acreslk ``thy ay ���,... �,• r M '\ ' i.. _ �'-- --0.35Acres --012 Acres - CAPTAIN MQKE , F y 40" -: SC D ION PAS D 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 �r,� North Carolina Department of Environmental Quality I Division of W ater Resources J Q 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 276994617 �+^�r7 o.wmmeweiemucmo�mia ury 919.707.9000