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35-17 NCDMF AR-320
3mit Class Permit Number ',. NEW 35-17 STATE OF NORTH CAROLINA -Department of Environmental Quality and 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 to NCDMF Artificial Reef 320 PO Box 769, Morehead City, NC 28557 izing development in Atlantic Ocean Eeity at AR-320, 8nm WSW of Beaufort Inlet seabouv off Beach in the Atlantic Ocean , as requested in the permittee's application dated 12/21/16 (NT-1), 12/19/16 including attached workplan drawings (3), dated 12/21/16 (Figure 1 & 4) and Profile Figure dated "Received" 1/12/17. "Th , ermit, issued on March 9, 2017 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 be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Artificial Reef AR-320 Unless specifically altered herein, this permit authorizes placement of additional material at artificial reef AR-320, all as expressly and specifically set forth in the attached permit application, project narrative, and workplan drawings. No other structure, whether submerged, floating or stationary, shall become a permanent part of this artificial reef without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. (See attached sheet for Additional Conditions) permit action may be appealed by the permittee or other ;d persons within twenty (20) days of the issuing date. permit must be accessible on -site to Department el when the project is inspected for compliance. maintenance work or project modification not covered 9er requires further Division approval. must cease when the permit expires on December 31, 2020 issuing this permit, the State of North Carolina agrees that project is consistent with the North Carolina Coastal agement Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxton C. E is, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NC DMF AR-320 Permit No. 35-17 Page 2 of 3 ADDITIONAL CONDITIONS - - - - - Reef Structure 2) In accordance with commitments made by the permittee, reef construction within the site shall be accomplished by the placement of two derelict tugboats and 4000 tons of concrete rubble as depicted in the attached workplan drawings. All materials shall be free from loose dirt or pollutants except in trace quantities. 3) The navigational clearances of the individual reef units shall not exceed -15 feet as measured from mean lower low water. Permitte shall be responsible for relocating or removing any individual reef unit that violates the authorized clearances. 3) No material shall be placed at any time in any waters outside of the alignment of the reef site boundaries as indicated on the attached workplan drawings. 4) The permittee shall be required to repair, maintain and/or remove any components of the reef that are displaced from the reef site boundaries as depicted in attached workplan(s). The permittee shall be responsible for removing all portions of the reef should the site be terminated or displaced beyond repair. General 5) In accordance with commitments made by the permittee, AR-320 site shall be marked with signage as determined by the USCG private aids to navigation. 6) All precautions should be taken by the permittee to ensure the free and full use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity shall not interfere with the public's right to free navigation on all navigable waters of the United States. 7) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corp. of Engineers, to remove, relocate or alter the work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 8) 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. 9) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. The U.S. Army Corps of Engineers has processed the application through General Permit #198500194. NOTE: The N.C. Division of Water Resources has assigned the project DWR Project No. 2017-0126. '. DMP AR-320 Permit No. 35-17 Page 3 of 3 __ ... ADDITIONAL CONDITIONS - eTE: Future development at the permitted Artificial Reef site may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. Itiz: An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. RECEIVED N VA! �h:rrt>1;r `V MEMORANDUM DEC 21 2017 DCM- MHD CITY TO: Heather Styron Division of Coastal Management (CAMA), NCDEQ THROUGH: Jason Peters (Artificial Reef Coordinat3 Division of Marine Fisheries, NCDEQ ,✓ FROM: Amy Comer Flowers (Artificial Reef Biologist) Division of Marine Fisheries, NCDEQ DATE: December 21, 2016 110N,l! i 1;. 1 'tN Ili It %'1AF1 BRAN!UN t!IAVIti SUBJECT: Enhance Artificial Reef Site AR-320 with 2 Vessels and Bridge Rubble The North Carolina Division of Marine Fisheries Habitat and Enhancement section administers two reef programs (The Artificial Reef and Oyster Sanctuary Programs) which routinely construct and enhance hard bottom habitat. Presently this section manages sixty-two reef sites, which are periodically maintained by adding materials and replacing those that may have eroded or been buried over time. For every enhancement to an existing artificial reef, NCDMF intends to use only biologically suitable materials. Reef construction materials used by NCDMF are described in detail within the Guidelines and Specifications for Acceptable Artificial Reef Materials, 2016 2nd Edition (Attachment 1). These guidelines are prepared in consideration of physical and biological requirements for artificial reefs and finfish ecology. The NCDMF applies experiential knowledge and best management practices to minimize propagation of reef species which are invasive or detrimental to local ecosystems. It should also be noted that all materials, siting, and deployment strategies are also tailored to minimize impacts to protected resources such as sturgeons and sea turtles. During site investigations, staff use side -scan sonar and/or SCUBA, to evaluate local conditions and bottom habitat. Data from these site investigations are used to select enhancement target locations within the permitted boundaries of the proposed reef. With this proposal, the Artificial Reef program intends to enhance AR-320, an existing reef site, located approximately 8.0 nm WSW of the Beaufort Inlet sea buoy, off Atlantic Beach, NC (Figure 1). AR-320 is located 7.6 nm west of the nearest navigable channel (The Beaufort Inlet Channel). AR-320 was previously authorized under SAWCO085-N-017-0352 (USACE #194) and permitted by North Carolina Division of Coastal Management, Coastal Area Management Act Major Permit #75-86 (exp. Dec. 31, 1989). The reef boundaries are delineated by a 1500 ft. radius around a centroid coordinate (34° 39.474N/ 76° 48.450W; Figures 2 and 4). Stmeoi NorthCarohno I EmkomrmNQu lty I Marine Fbherlea 1`011ox7691 3441ArenMSUW I Morehead CBy,NC26557 25272670M T REc;k:1VED G 1 2017 Within the boundaries of the AR-320 reef site, the USACE has authorized a mini Ai:: - `,/j H D CITY navigational clearance of 15 feet, also noted on NOAA navigational charts. Side -scan sonar and SCUBA surveys on the reef site by North Carolina Artificial Reef Program staff, noted maximum site water depth at approximately 49 feet, which is consistent with NOAA navigational charts. The bottom sediment within the AR-320 site is composed of fine grain sand and silt, as verified by both side -scan and SCUBA surveys. SCUBA and side -scan surveys also verified that there was no exposed natural hardbottom at the site (Figure 2). The reef has not received enhancement materials since 1987 (-29 years), though recent side -scan surveys suggest the reef is still composed of concrete bridge rubble (6.48 acres), steel bridge truss (0.08 acres), and one 140' menhaden vessel (0.05 acres; Figure 3). For regulatory compliance, considerations have been made to maintain authorized clearance and ensure materials stay on site. Spatial planning at AR-320 includes a 150 ft. "buffer" or zone of no -construction, which encircles allowable construction area within the boundaries (Figures 2 and 4). The buffer zone helps maintains permit compliance and accounts for micro -movements of material overtime. In consideration of site depth (49 ft.) and the authorized minimum vertical clearance (15 ft.), design plans do not exceed 34 ft. of initial maximum material profile. Some settling of the proposed enhancement materials will occur, though likely not more than 1-5 ft. The proposed enhancement operations will progress in three phases. Phase 1, will be the sinking of the 98.4 ft. tugboat the Fort Fisher (Attachment 2). Phase II, will be the sinking of the 104 ft. tugboat the America. (Attachment 3). Finally, phase III will consist of sinking up to 4,000 tons of bridge rubble from the Gallants Channel Bridge. Phase I and Phase II are high -publicity reef enhancements, which are currently under contract and funded through the Coastal Recreational Fishing License (CRFL) grant program. To complete phases I and II, the artificial reef program has identified two preferred grid areas, within reef boundaries, as the final resting place for the two vessels. The Fort Fisher will be sunk first, and in grid 195 (Center coordinates 34' 39.61002N / 76° 48.52482W), while the America will be sunk in grid 205 (center coordinates 34° 39.63474N/ 76° 48.55476W). Both vessels will be prepared in accordance with state and federal guidance, so that they are reasonably clean and free of petroleum and other hydrocarbons (e.g. oil, grease, asphalt, and creosote), toxic residues, (e.g. mercury, cadmium, and lead), and other deleterious substances. This includes the removal of all floatables and preparation to a maximum height not to exceed 34 ft. Each vessel will be sunk using an independent anchoring system complete with one anchor sufficient to anchor them when on the reef site. Further, a thorough sink plan for each vessel, prepared by the contractor and approved by the NCDMF, will help to ensure that the vessels are oriented upright once resting on the bottom; although not guaranteed. As stipulated under contract, both vessels must be situated on the bottom, at the reef site, by May 1, 2017. However, the contract timeline calls for the first vessel (Fort Fisher) to be sunk in mid -March and the second vessel (America) to be sunk during mid -April. To guide deployments, staff will mark locations with visible references above the waterline, that will be checked with mapping grade GPS. During Phase III, reef enhancements will be made using concrete bridge rubble from the demolished Gallants Channel bridge. For this phase, approximately 4,000 tons will be delivered on site over the course of approximately five deployment days. Size of rubble pieces will conform to NCDMF guidelines for ocean enhancements (Attachment 1). Timing of this reef enhancement hinges on multiple factors including when the new bridge will be completed, and State of North Carolina I Emironmental Quality I Madre Fldmrlea POBox769 13441ArendNl Strect I Morehead City, NC 28557 252 726 7021 T DCM MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) =D - C 21 2017 DCM- MHD C` North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Ncdeq/North Carolina Division Of Marine Fisheries AR-320 Enhancements Applicant 1: First Name MI Last Name Jason W Peters Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pege(a) with names listed. Mailing Address PO Box City State North Carolina Division of Marine Fisheries 769 Morehead City NC ZIP Country Phone No. FAX No. 28557 USA 252- BOB -8063 ext. 252-726-9218 Street Address (if different from above) City State ZIP 3441 Arendell St. Morehead City NC 28557- Email jasm.poters@ncdenr.gov 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor 0 Street Address (if different from above) City Stale ZIP Email <Form continues on back> 252-808-2808 :: 1.888.4RCOAST :: www. ne coastal managemo nt. net Form DCM MP-1 (Page 2 of 5) RECEIVEDAPPLICATION for Major Development Permit DEC 21 2017 3. Project Locadon County (can be multiple) Street Address — stela Rd, s Carteret N/A WA Subdivision Name City State Zip WA N/A NC N/A - Phone No. Lot No.(s) (if many, attach additional page with Ibt) - - ext. I I I , a. In which NC river basin Is Me project boated? b. Name of body of water nearest to proposed project Atlantic Ocean Atlantic Ocean c. Is the water body identified in (b) above, natural or manmade? d. Name the closest majorwater body to the proposed project site. ®Natural ❑Manmade []Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yee ®No work falls within. North Carolina State Waters 4. Site Description a. Total length of shoreline on the tract (ft.) b. Slav of entire tract (sq.&) WA Boundary of AR320- 7.065,000 sq. ft. c. Size of Individual lolls) d. Approximate elevation of tract above NHW (normal high water) or AR-320: 7,065,000 sq. ft. (162.19 ac) , ., NWL (normal water level) (Nmany lot sizes, please attach additional page with a list) 0 ❑NHW or ®NWL e. Vegetation on tract none f. Man-made features and uses now on tract Previously constructed artificial reef habitat. Please see the narrative for detailed information. g. identify and describe the existing land uses at$acen to ft proposed project aft. Residential and commercial h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? N/A (Attach zoning compliance certificate, s applicable) ❑Yes ❑No [DNA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA if yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ❑No ®NA National Register listed or eligible property? <Form continues on next page> 252-808-2808 .. 1-888-4111 .. www.nccoasta l management. net Form DCM MP-1 (Page 3 of 5) APPLICATION for M. (1) Are there wetlands on the site? (it) Are there coastal wetlands on the site? (III) If yes to either (i) or (III above, has a delineation been conducted? (Attach documentation, it available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. WA Major Development Permit []Yes []Yes ®No ❑Yea ®No RECEIVE p. Describe existing storm water management or treatment systems. LJli rvi - rv" 1. WA 5. Actlivldes and Impacts a. Will the project be for commercial, public, or private use? []Commercial ®PuNldGovernment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Provide habitat for recreationally and commercially important finfish species. These structures will provide essential fish habitat for juvenile and adult life stages of finfish, crustaceans and invertebrates. Anticipated activities include recreational fishing and scuba diving. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Construction will occur at AR-320 under this permit. Using permitted boundaries, a perimeter buffer to protect against future boundary violations, and a grid development scheme, two one hundred foot class vessels and aproximately 4,000 tons of concrete bridge demolition debris will be placed on pre -determined locations (See project narrative). A Division of Marine Fisheries (DMF) approved contractor will deploy all materials. DMF artificial reef personnel will be on site during all deployments to mark locations, monitor activities, and ensure permit compliance. d. List all development activities you propose. The reef site has been overlaid with 150' x 150' construction grids for deployment referencing. In this plan, we propose to construct artificial reef habitat within six grids, southwest and east of existing structures. A total of four patch reefs will be created, where: Phase #1 = Grid 195 - Sinking of the 98A ft. Fort Fisher. Phase #2 = Grid 205- Sinking of the 104 ft. America Phase #3 = Bridge material will be distributed amongst four grids (92, 109, 127, 144). All materials are reasonably free and clear of pollutants. e. Are the proposed activities maintenance of an existing project, new work, or both? maintenance of an existing project f. What is the approximate total disturbed land area resulting from the proposed project? 3.09 ❑Sq.Ft or ®Acres g. WIII the proposed project encroach on any public easement, public accessway or other area ®Yes []No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A 1. Will wastewater or stormwater be discharged into a wetland? []Yes ❑No ®NA If yes, will this discharged water be of the some salinity as the receiving water? ❑Yee []NO ®NA 252-808.2808 :: t-888.4RCOAST :: www.nceoastalmenagement.net Form DCM MPA (Page 4 of 5) RECEIVED APPLICATION for DEC 21 2017 Major Development Permit J. Is there any mitigation proposed? r1❑yes ❑No ®NA If yes, attach a mitigation proposal DCM- ' L CITY <Form continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparien) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days In which to submit comments on the proposed project to the Division of Coastal Management. Name Phone No. Address Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittes, and Issuing dates. US Army Corps of Engineers General Pemft #198500194 Expires: Dec. 31, 2016, anticipated renewal Jan. 1, 2017 Coastal Area Management Act Perms Number 75-86 Issues June 6, 1986, expired Dec. 31 1989 h. Signed consultant or agent authorization form, H applicable. 1. Welland delineation, H necessary. J. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed by property owned k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify at the information provided in this application is rulhful to the best of my knowledge. Date Print Name MOVI-PJe_rS Signature Please indicate application attachments pertaining to yoY p posed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts 252.808.2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 5 of 5) APPLICATION for ❑DCM MP-3 Upland Developnent ❑DCM MP-4 Structures Infonnadw Major Development Permit RECEVED DEC 21 2017 DCM- MHD CITY 252.808.2906 :: 1.888-4RCOAST :: www.n000aetalmana8ement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please Include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rack Groin Rock Breakwater (excluding shoreline NWL stabilization 150ft @ 6 Length grids 150It @ 6 Width grids Avg. Existing NA NA 49ft Depth Final Project NA NA 15 ft Depth 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL In b. Type of material to be excavated. cubic yards. c. (1) Does the area to be excavated include coastal wellandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the excavation In these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. area. c. (1) Do you claim title to disposal area? ❑Yes ❑No ❑NA (11) If no, attach a letter granting permission from the owner. e. (1) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (11) Describe the purpose of disposal In these areas: d. High -ground excavation in cubic yards. ®This section not applicable b. Dimensions of disposal area. d. (1) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? f. (i) Does the disposal Include any area in the water? ❑Yes ❑No ❑NA (it) If yes, how much water area Is affected? 252-808.2808 :: 1.980-4RCOAST :: www.nocoastalmanagement.net revised: 12f26106 Forrn OCM MP-2 (Excavation and fill, Page 2 of 3) 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) - a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Rlprap ❑BreakwatedSlll ❑Other._ Width: C. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 months? []Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of All material. Bulkhead backfill _ Riprap _ Breakwater/Sill— Other_ I. Source of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (I) Will fill material be brought to the site? NYes UNo UNA If yes, (ii) Amount of material to be placed In the water ADproximately 4.000 tons of bridoe material, and (2) 100t, (Ili) Dimensions of fill area Six ids n 3.09 acres average depth = -49' project depth =-49' material profile = Maximum 34' (iv) Purpose of fill The goal of North Carolina's artificial reef program is to develop, maintain, evaluate and administer a successful system of artificial reefs for the purposes of enhancing marine fisheries habitat and public fishing and diving opportunities. a. How will excavated or fill material be kept on site and erosion b. controlled? All materials mentioned in this proposal are common to artificial reef construction, have proved to be durable and stable, and have been used in NC artificial reef enhancements within ocean waters. Per unit volume, concrete weighs approximately 2.5 times water,and steel weighs approximately 7.5 times water. C. (i) Will navi atianal aids be required as a result of the project? []YesMo ❑NA (Ip If yes, explain what type and how they will be implemented. (1) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL ®Nona (it) Describe the purpose of the fill in these areas: NIA What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? TBD, depending on contractor, however in any event, tug boats and barges will be used. Typically artificial reef materials are brought to the site on large vessels and released at or near the waters surface. The materials than sink straight down and settle on the bottom. Vessels will be sunk using soft patches and the best standard practices for sinking a vessel. d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ®No ❑NA (11) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 262.806.2808 ;; 1-888•4RCOASY :: wwwynecoasta_ImayrBggmQnt,net revised: f 2/26106 Form DCM MP•2 (Excavation and FIII, Page 3 of 3) 252-608.2808.:: 1.881t 4RCOAST :: wwwmccoastatmanauement.no revised: 12/26/06 RECEIVE® DEC 21 2017 NWAMI Min �j _ -=-`•rT--''�Y�'� : 1 AllwwrlrBwsd r 1 Sit p'f 48 460, U Is • " t t' J ° n F1 0rFYYa (� ci �S U � O o • YFY U( l `t) N Long Bay 0 15 30 80 Nsutic l Miles G 1 I I AR-320 General Location Dftsn er20,2015 Figure 1. AR-320 is located approximately 8.0 nm west-southwest of Beaufort Inlet. Side -scan sonar and SCUBA surveys on the reef site by North Carolina Division of Marine Fisheries staff indicate a water depth of approximately 49 feet. In consideration of site depth and a 15 ft. minimum clearance, AR-320 enhancements will allow a maximum of 34-feet of material vertical profile. Figure Date: 12/19/16. State of North Carotina I Emlronmental Quallty I Marlw Fisheries P03o..769I 3441ArendNl Street I Morehead City, NC 28557 252 726 7021 T RECEIVED 21 2017 0 155 3�10� 20Feet AR-320 DCM_ M+N .III :Y ,ii Aq a II AIR I I j �I' � t �� • t � rl OP f Reef Centroid Construction Zone Reef Boundary 0 0.05 0.1 0.2 Naubcal Was Figure 2. Side -scan imagery at AR-320. Note the site boundary and material already within the site. Site bottom composition is fine grain sand and silt with underlying limestone rock Figure date: 12/19/16. State of North Carolina I ErMronnrntal Quaby I Marlene Fisheries PO Boa 76913441 Amdell Street I Morehead Csy, NC 28557 252 726 7021 T ITY RECEIVED -320 C•AR IaLY NrMk-/1rNNlra1 mix M1em /wurat ailN N tlr FNr NN4.lNIY as NM ewgr 8q1. OIL YY pNW/ ~ [�N hWarRYN 1 Aaaeles IOP X70.1WN 1f417PW llglr 2 M MI" 1w XIOdWIl W4L4wW R I• Iaa Yl�air O •a/s IrNO 1W 34-UMN /PNOI'W [IIrP I WLlq W ON•XNMWX •IfLLIf IN ••X•.OWN 1-711POLOIWW Otra1*Mr 1 ■raeeWO ISO 3CMAWN W4L4WW f11/1t / Alsoloch "Ir XILtlO'M W LWW INgr LtlaNr.RL1Y 7 NYre 101W MR X7L4Wk 7►N.O'W Oay U/WI. "Or / Mal tw X31117N w4LIWW •IaaM••Rmtll[mlaM ara:aMAMYrMNaYrrra 38 N.C. Farina FisMries Rain GtW* DEC 21 2017 MH© CITY AR-320 M. Mesa Real 1w 1 e !� • r � • • / ata tin fe0 - C00"Ia RWOM - Nsd a Md ••Ba 7M• IDRa: Icf N.C. Marine Fisherin Rain Gulda Figure 3. Artificial reef guide document highlighting material present on AR-320. Note that enhancements have not been made since 1987. Reef currently consists of bridge material, steel bridge truss, and a 140 ft. menhaden vessel named the "Novelty". Figure date: 12/19/16. Sate of Narth Carolina I EtMronnental Qualty I Marine Fisheries PO Bo17691 34/1 Arendell Street I Morehead City. NC 28557 252 726 7021 T 39 1 RECEIVED 20 Site Plans for AR-320 DCM- IVIF D 1 2 3 4 6 8 1 7 8 9 10 11 12 13 14 16 1 16 17 18 19 20 21 22 23 24 25 28 1 27 1 28 29 30 31 32 33 1 34 36 1 36 37 38 39 140141 42 43 44 48 48 47 46 4 60 61 62 63 64 66 68 67 68 69 80 81 82 63 64 66 IN 67 68 BB 70 71 72 73 74 76 78 77 78 79 80 81 82 83 84 86 88 87 88 BB 90 91 93 94 98 97 98 99 100 101 102 103 104 105 108 107 106 110 111 Figure 4. AR-320 permitted boundaries gridded into 224, 150 ft. x 150 ft. grids, complete with a 150 foot no -construction buffer zone. Grid 195 is the proposed sinking location for the Tug Fort Fisher, while grid 205 is the proposed sinking location for the Tug America. Finally, grids 92, 109, 127, and 144 were selected as the preferred sinking location for the Gallant Channel bridge material. Figure date: 12/21/16. State of North Carolina I Envlmnnnental Quality I Marine Fisheries PO Sox 769 1 3441 Mendell Street I Morehead City, NC 28557 252 726 7021 T CITY RECEIVED DEC 21 2017 Attachment 1. Guidelines and Specifications for Acceptable Artificial Reef Materials ( CITY 2"1 Edition) PAT McCRORY 4mnmr DONALD R. VAN DER ER VAAVAART wmo-r Morine Fishme, BRA%TON C. DAVIS F xVi00NMF M, a, •Va, IT 0,r. \ 1 III �II Artificial reef materials arc selected on four primary considerations: Function, compatibility, durability, and stability. Materials used must meet their intended function, by supporting diverse and abundant biological communities. Selected materials must also be compatible with the aquatic environment in which they are placed. This means they must not pose environmental risks. Also, unstable materials, or those prone to movement, and non -durable, or easily degraded, materials must be precluded from use. The North Carolina Division of Marine Fisheries Artificial Reef Program has produced a comprehensive list of accepted materials for use in partner projects. These materials were chosen based on the above criteria, using guidance from internal program studies, The ASMFC/GSMFC Guidelines for Marine Artificial Reef Materials (Second Ed., 2004), The Environmental Protection Agency's (EPA) National Guidance: Best Management Practices (BMPs) for Preparing Vessels Intended to Create Artificial Reefs, and the NOAA/NMFS National Artificial Reef Plan. Accepted Materials: Concrete: Any hard, strong building material made by mixing a cementing material (commonly Portland cement) and a mineral aggregate with sufficient water to cause material to set and bind. Types include (hut are not limited to) oval and round pipe, box culverts, risers, catch - basins, knock -out boxes, bridge rubble and bridge spans, manholes, slabs, pilings, crushed concrete, and pre -designed structures such as Reef Balls or other units. All concrete must be fully cured to ensure environmental compatibility. Required Specifications: Ocean- • Unacceptable types in the ocean: slabs, small pilings, crushed concrete, small designed structures • Size - concrete pipe must be no less than 4 feet In length and no less than 36 Inches In Inside diameter, unless such smaller pieces are "nested" Inside large diameter pieces • Composition - units must be no more than 25% degraded or missing. AB concrete must be fully cured before deployment • Design - pre -designed structures must meet approval of Artificial Reef Staff for function, compatibility, durability, and stability Estuary - • Size - concrete pipe must be no smaller than 12 inches In inside diameter and not exceed 30Inches In Inside diameter. Any concrete structure most �'Noihing Compares. galealNMM1raIW,a1FwhomeNYQW1YI MM. Fft, ft IOav ltlll I 2&2 IMIMur2•ID670I ab<MAC•y.NC 3t651 I4 ll T State of North Carolina I Emlronmental Quarly I Marine Fisheries PO Boa 76913441 Arendell Street I Morehead City, NC 2a557 2527267021 T REC:EiVED DEC 21 2017 ;M— MHD CITY not exceed a feet In length, width, or height. Crushed concrete must be: 8• maximum diameter, 6"average diameter, 4" minlmum diameter, 10% maximum oversize, 5% maximum undersize • Composition- units must be no more than 25% degraded or missing. All concrete must be fully cured before deployment • Design - pre -designed structures must meet approval of Artificial Reef Staff for function, compatibility, durability, and stability Vessels: Vessels are a commonly used artificial reef material. These may be composed of ferro•cement or steel, though steel vessels are most common and preferred. Thorough preparation and cleaning is required before these materials may be used as reefs (EPA BMPs). Required Specifications: Ocean - • Size - vessels must be no smaller than 100 feet in length unless paired with a second 100 foot or greater vessel • Clearance- vessels are subject to clearance requirements and In many cases, most be shortened in height to comply with permits. This may Involve expensive removal of vessel superstructure • Cleaning and preparation- vessels are subject to US Coast Guard and/or EPA inspection to satisfy BMPs, including removals of wood, floatables, loose materials, and deleterious substances. • Stability- all air most be allowed to escape during sinking • Durability- vessel selection is ultimately at the discretion of the Artificial Reef Coordinator, to satisfy expectations of durability Estuary - . Vessels are not accepted in estuarine waters Natural Materials: Natural materials have been used by most coastal states to replenish various types of habitat with a particular focus on shell bottom. Natural materials include different approved mineral rocks such as limestone marl, granite, and basalt. Required Specifications: Ocean - • Natural materials are not widely used in the ocean, given their susceptibility to sediment burial Estuary - • Size - • Limestone Marl (NCDOT Class B Spec.): 12"maximum diameter, 0" average diameter, 5" minimum diameter, 10% maximum oversize, 5% maximum undersize Q Granite and Basalt B" maximum diameter, 6' average diameter, 4" minimum diameter, 10% maximum oversize, 5% maximum undersize • Location- limestone Is not acceptable for use In high salinity environments, given high susceptibility to blo-eroding organisms ^"Nothing Compares - LMe•r Nan6C.rot I Emlronn Qu y I Nar Fhhe Po ao. act I)nix Artm W.I M- Chy. K M57 ZW72b7 T J State of North Carolina I Environmental Quality I Maine Fisher les PO Box 76913441 Arendell Street I Morehead City. NC 28557 2527267021 T RECEIVED DEC 21 2017 Notes on all mate rlals, SJCM- IV HD CITY 1) Ali materials must be cleaned and prepared In ecmrdancewuh United States Corps of Engineers General (Regional) Permits CNGP198500194 or aGP19000291), any applkable NC Dlvision ofCoaswl Management permits, and conform to she-speclik navigatkrul clearnlre requirements establhhed by the U nked States Coast Guard and NOAA Of k-e of Coast Survey. 2) Pis nned arrangements for acqulsillon,dean Ing. preperallon.dockege/staging, towing, and sinking/deployment must be described in pmposals. Dockage, towing, and deployment will requ Ire proof of at least $1,000.000 marine liability Insuranm !` Nothing Compares SLteoINWhCedma I Em&r rwanpl Quay I MSMel` MIea PO av T6a 13441AmW SaeH I MaelutlCYYNC ]a5at 251726mt1 T I State of North Carollna I EmImrmental Quality 1 Marine Fisher les PO hoe 76913441 Arendell Street I Morehead City. NC 2A557 2527267021 T RECEIVED DEC 21 2017 Attachment 2. Photos of the 94.4-foot Tuehoat the Fort Fisher. ]521267021 T /. ii RECEIVED DEC 21 2017 Attachment 3. Pictures of the 104-foot Tugboat the America. Stale n( North Carolina I Cnviro r ctual Quality I Marinehshcrks PO Box 76913441 Arendell Street I Morehead City. NC 28557 252 T26 702I l . r..snr. DCM Coordinator: K DA & Permit #: ?6--11 0 MAILING DISTRIBUTION SHEET Permitee: Acyp Po &-x 70 WtHG AC ?b55-I Agents: DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) ,► Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley 4' Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Shane Staples Curt Weychert NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton DEMLR/DWR: Karen Higgid Kristy Lynn Carpenter (NC DOT -All Projects) Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: LPO: Fax Distribution: Robb Mairs — 401 (Carteret, Onslow, Pender, New Hanover) Chad Coburn — 401 (Brunswick) Georgette Scott - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARO) Permittee #: Agent#, Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY April 25, 2017 Jason Peters NC DEQ/Division of Marine Fisheries P.O. Box 769 Morehead City, NC 28557 Subject: EXEMPTION Stormwater Project No. SW8170127 Artificial Reef AR320 Enhancements Carteret County Dear Mr. Peters: PAT MCCRORY G,,. ,,r DONALD R. VAN DER VAART Secretary TRACY DAVIS l)ir o.. On January 25, 2017, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and specifications on February 13, 2017 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Georgette Scott at (910) 796-7215, or via e-mail at georgette.scott@ncdenr.gov. Sincere. 3��4 For Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/gds: %StormwaterlPermits & Projects12017 \170127 Exemption12017 04 permit 170127 cc: Carteret County Building Inspections Heather Styron/DCM Morehead City Wilmington Regional Office Stormwater File RrCEINED MAY 01 2017 State of North Carolina i Environmental Quality I Energy, Mineral and Land Resources 127 Cardinal Drive Extension i Wilmington, NC 28405 910 796 7215 T 1 910 350 2004 F I htty.//wnal.nedenr.ore/web/ir/ Coastal Management ENVIRONMENTAL QUALITY March 9, 2017 NCDMF P.O. Box 769 Morehead City, N.C. 28557 Dear Sir or Madam: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal, The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure �Sincerely, //// .-At— Douglas V. H ggett Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1400 Commerce Avenue I Morehead City, NC 28557 2528082808 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: NCDMF-AR-320 County: Carteret LOCATION OF PROJECT: 8 nautical miles WSW of the Beaufort Inlet buoy off Atlantic Beach within the Atlantic Ocean. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 1/12/17 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Heather Styron DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: Yes ADJ. RIP. PROP NOTICES REC'D: N/A APPLICATION ASSIGNED TO: Doug Huggett C) 75 DAY DEADLINE: 3128/17 MAIL OUT DATE: 1/23/17 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: Yes DISTRICT OFFICE: Morehead City FEE REC'D: $475.00 END OF NOTICE DATE: 2/11/17 DEED REC'D: N/A ON: 1/23/17 150 - DAY DEADLINE: STATE DUE DATE: z/12�f7 FED COMMENTS REC'D: DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management- Regional Representative ( (t7.1 (� K // Coastal Management- LUP Consistency Detennlnafion I�2{IV ( -1L rorg tSI 1_�,7v Division of Community Assistance 25l11 K �`ri �5 DEMLR-Land Quality Section Division of Wamr Resoumes401 L1771 r< 20 l7 O I7fa DEMLRStorm Water Management Z1f2 x State Property Orrice ' 17,11 11 )c I/,( L Division of Archives & History (Cultural Resources) `Z I 1 ]r DMF-Shellfish Sanitation 1 g� I 7 x �C� DWR-PublicWater Supply Division of Highways (Niver) Wildlife Resources Canunission ' Il Local Permit Office DCM-Fisheries Resource Specialist Corps of Engineers ,7-- Coastal Management ENVIRONMENTAL QUALITY January 23, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER Govemor WILLIAM G. ROSS, JR,-= - Interim Secretary BRAXTON DAVIS Director Lee Padrick/Mark Ziegler Division of Community Assistance Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review NCDMF-AR-320 Carteret County, 8 nautical miles WSW of the Beaufort Inlet buoy off Atlantic Beach and within the Atlantic Ocean. Proposes to enhance the existing artificial reef by sinking 2 vessels and 4000 tons of concrete bridge rubble. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. - REPLY: This agency has no objection to the project as proposed. . C=�TFi s agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED���s's�:/' DATE _ 17 —1 7,= i °� f a®' JAN 3 0 2017 Nothing Compares p C A-� .. Y- i D 0 I iY State of North Carolina I Environmental Quality I Cowed Management 400 Commerce Avenue I Morehad City, N.C. 28557 (252)909-2808 r , CoastalManagement ENVIRONMENTAL QUALITY January 23, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: ROY COOPER • Qwamor .„, •• ��VJdLLi�:I4I G. ROSS;'JItv:.:;:-•-''..:. _:•: Lee Padrick/,Nfark Ziegler* Division, of Community assistance Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review NCDMF-AR-320 BRAXTON DAVIS Director Project Location: Carteret County, 8 nautical miles WSW of the Beaufort Inlet buoy off Atlantic Beach and within the Atlantic Ocean. Proposed Project: Proposes to enhance the existing artificial reef by sinking 2 vessels and 40.00 tons of concrete bridge'rubble: Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, -in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. . This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 1A DATE ! 2 51 7 Nothing Comparesf-%,- Sow of North Carolina I FAidronmental QnVry I Comtal b1 mgement 400 Commerce Avenue I Morehepd City. N.C. 28557 ROY COOPER a Coastal Management .ENVIRONMENTAL QUALITY January 23, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Governor WILLIAM G. ROSS, JR BRAXTON DAVIS Director Rachel Love-Adrick Division of Coastal Management Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review NCDMF-AR-320 Carteret County, 8 nautical miles WSW of the Beaufort Inlet buoy off Atlantic Beach and within the Atlantic Ocean. Proposed Project: Proposes to enhance the existing artificial reef by sinking 2 vessels and 4000 tons of concrete bridge rubble. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252), 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of, the project only if the recommended changes are incorporated. See attached. i gency objects to the project for reasons described in the attached comments. SIGNE V1, DATE 2-1 12ZI3- Nothing Compares State dNoath Carolina I Environmental Quality I Coutal Management 400 Conmecce Avenue I Morehead City, N.C. 28557 (252) 808-2808 Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner Division of Coastal Management ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director SUBJECT: Major Permit Request by the North Carolina Division of Marine Fisheries. DATE: January 24, 2017 Consistency Determination: The request is consistent with/not in conflict with the 2015 Pine Knoll Shores CAMA Core Land Use Plan certified by the CRC on September 23, 2015. Overview: The applicant is proposing to improve an existing artificial reef (AR-320 aka Clifton Moss Reef). The project site is located at 76048.450'W, 34049.474'N in the Atlantic Ocean, 8 nm WSW of the Beaufort Inlet Buoy and 7.6 nm west of the Beuafort Inlet Channel in Pine Knoll Shores, Carteret County, North Carolina. The project area is 7,065,00 ft2 (162 acres), however, only 169,884ft s (3.9 acres with a 1500' buffer radius) of the proposed site would be utilized at this time. Average water depths at the site is -49' nlw. The applicant is proposing to deploy two (2) vessels, a 98' tugboat "The Fort Fisher" and a 104' tugboat "The America", along with 4,000 tons of concrete (rubble from the Gallants Channel Bridge). The project would be conducted in three (3) phases: Phase one the sinking of the 'Fort Fisher" tugboat; Phase two the sinking of "The America" tugboat; Phase 3 the deployment of the concrete. The project is located in the Atlantic Ocean is classified as SB (Primary Recreation, Salt Water), is not a Primary Nursery Area (PNA), and is open to the taking of shell fish. A review Submerged Aquatic Vegetation (SAV) and archaeological/cultural resources was not provided. Anticipated impacts resulting from this project are expected to include: the incorporation of 169,884ft2 of shallow bottom habitat AECs affected include Estuarine Waters and Public Trust Areas. The reef has the potential to cause temporary turbidity. There would be bi hindrance to navigation in the Beaufort Channel. The deployment of material would decrease the water depths from -49' nlw to -15 nlw. All portions of the development would remain within the existing previously approved reef site. State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 F ,y Basis for Determination: The project site is located in Pine Knoll Shores and is subject to the 2015 Pine Knoll Shores CAMA Core Land Use Plan. The Future Land Use Map (FLUM) does not provide a designation to the site. The Land Use Plan does not contain any policies applicable to this request. State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 Roy COOPER CoastaiManagement .ENVIRONMENTAL QUALITY January 23, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: RECEIVED covomor . - ,. • 3AN:8"0 2012 ": ; •a :W-ILLiAM G. ROSS; JRr=. :-.:. ...:.:._.. F1CM-Fisheries ...........--... _..:...: ........ _.._....::.......:.........:...,.: Interim. ._............ Seaerory WARo BRAXTON DAVIS Director (, $han6- - taples:'oi Gregg Bodnar Division of Coastal Management Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review NCDMF-AR-320 Carteret County, 8 nautical miles WSW of the Beaufort Inlet buoy off Atlantic Beach and within the Atlantic. Ocean. Proposes to enhance the existing artificial reef by sinking 2 vessels and 4000 tons of concrete bridge rubble. . Please indicate below your agency's position or viewpoint on the proposed project and return this form by :February 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. • . REPLY: /This agency has no objection to the project as proposed. V This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED s.a..s—.G'Gs DATE Nothing Compares"-. State ofNorth Carolina I Eavhenmeatd Quality I Coastal Management 400 Commerce Avenue. I Morehead City, N.C. 28557 ena U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-00158 County: Carteret County U.S.G.S. Quad: Mansfield GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Mr. Jason Peters Division of Marine Fisheries Address: PO Box 769 Morehead City NC, 28557 Telephone Number: 252-808-8063 Size (acres) —162 acres Nearest Waterway Atlantic Ocean USGS HUC 03020301 Nearest Town Atlantic Beach River Basin Onslow Bay Coordinates latitude: 34.6601 Longitude:-76.8087 Location description: The project site is located approximately 8 nm WSW of the Beaufort Inlet sea buoy, off Atlantic Beach, at existing AR 320, within the Atlantic Ocean, in Carteret County, NC. Description of projects area and activity: This verification authorizes impacts to waters of the U.S. in association with construction/deplovment activities for the enhancement of artificial reef site 320. Specifically, the project includes the sinkin of two tug boats and installation of approximately 4,000 tons of concrete bridge rubble. Placement of material would cover 169.884-souare feet (so ft) within the boundaries of AR-320. The site is 50 ft. deep, with a charted navigational clearance of 15 ft. Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivets and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: GP 194 SEE ATTACHED RGP or NWT GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated January 26, 2017, and additional information dated February 2018. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class 1 administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Sarah Hair at (910) 251-4049 or Sarah.E.Hair(a),USace.armv.mil. Corps Regulatory Official: 61 Date: June 28, 2018 Expiration Date of Verification: December 31, 2021 A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued . Action ID: SAW- B. Basis For Jurisdictional Determination: N/A. An Approved JD has not been completed. C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room IOM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by is/A. -It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. N/A The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at htti)://co!32smapu.usace.army.mil/cm aoex/Pp=136:4:0. Electronic copy furnished: Gregg Bodnar/Heather Styron -NC DCM Robb Mairs- NC DW R Matt Creelman-United States Coast Guard Scott McAloon-United States Coast Guard SAW-2017-00158 SPECIAL CONDITIONS 1. Any deployment of reef materials during North Atlantic right whale calving season (November 15 through April 15 of any year) must comply with: a. Maximum speed for all vessels involved in placing the reef material is 10 knots. b. Deployments must be conducted during daylight hours when lighting, weather, and sea conditions allow for visual monitoring of the project area. c. Deployment activities will not commence until NCDMF staff reports that no marine mammals or sea turtles have been sighted for at least 60 minutes. d. Deployment activities will cease immediately if sea turtles or marine mammals are sighted within the protected area and will not recommence until the NCDMF staff reports that no mammals or sea turtles have been sighted for at least 60 minutes. 2. If a listed species is seen within 100 yards of the active daily construction operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a listed species. Operation of any mechanical construction equipment shall cease immediately if a listed species is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. 3. Reef structures shall be sited and installed in accordance with the permitted boundaries and site clearances. 4. Reef structures shall not be placed on natural hard -bottom habitat. 5. Materials should be of sufficient size and relative density to not move from the reef site post - deployment and be clean and free from asphalt, creosote, petroleum, other hydrocarbons and toxic residues, loose free floating material or other deleterious substances. 6. The use of explosives to deploy materials is not authorized. 7. Reef materials shall be selected to ensure that ESA -listed species do not become entrapped in reef structures, or entangled in debris (e.g., abandoned fishing tackle, nets, and lines) that may accumulate on artificial reefs: a. Materials used for artificial reef building shall conform to the recommendations in the National Artificial Reef Plan (as Amended): Guidelines for Marine Artificial Reef Materials, Second Edition (Atlantic and Gulf States Marine Fisheries Commissions 2004). Except that derelict automobiles shall not be used and derelict vessels and military surplus shall have openings on all exposed sides adequate to prevent entrapment of ESA -listed species. Openings will be sufficient of sufficient size and quantity to allow for several points of egress for sea turtle species that may enter the structure. b. Military surplus and vessel structures such as ladders, rails, booms, antennas, etc. will be removed to reduce the potential accumulation of abandoned fishing tackle and lines. Clean steel, concrete bridge or large building demolition materials such as slabs or pilings may be used provided that all steel reinforcement rods do not protrude more than 3 inches. 8. During regularly scheduled reef assessments, staff will make reasonable attempts to clean reef materials of debris, without compromising the safety of the crew and divers. For example, precluding conditions might involve low visibility or high current, which may present diver safety issues and increase the potential of divers being entangled or snagged. The applicant will send confirmation of cleanup to NMFS's Southeast Regional Office (takereport.nmfsser@noaa.gov), including dates of cleanup efforts and results of the clean-up. 9. The applicant shall follow NMFS's Sea Turtle and Smalltooth Sawfish Construction Conditions to further reduce interaction risk, and require 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. 10. All material placed to construct reefs (specifically designed reef modules) will be selected and placed so as to avoid the movement of reef materials due to sea conditions or currents. The permittee will be responsible for any materials which are moved by sea conditions or which break loose from reefs, and the permittee will be responsible for any damage caused by such materials. 11. All materials used for construction of reefs shall be consistent with the National Artificial Reef Plan and will be clean and free of petroleum and other hydrocarbons (oil, grease, asphalt and creosote), toxic residues (mercury, cadmium and lead) and loose, free floating material and other deleterious substances and/or in compliance with criteria established by the U.S. Environmental Protection Agency (EPA). 12. The use of tires, Fish Aggregating Devices (FADS), post use sanitary sewer materials, automobiles and other civilian vehicles, white goods (refrigerators, washers, etc.) boat molds, floatables, loose organic material and general demolition debris, other than clean concrete units to form reefs, are not authorized by this Regional General Permit (RGP). 13. This RGP does not authorize the placement of material within any jurisdictional wetland, submerged aquatic vegetation bed, coral reefs, oyster reefs, mussel beds, scallop beds, clam beds or live bottoms (areas supporting the growth of sponges, sea fans, soft coral and other sessile macro invertebrates generally associated with rock outcrops). 14. 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 36Thttp:/h,,ryNw.fws.gov/nc- es/mammal/manatee_gu idelines.pdf36T. 15. The applicant shall follow NMFS's Sea Turtle and Smalltooth Sawfish Construction Conditions in order to further reduce interaction risk, and require 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. Action ID Number: SAW-2017-00158 Permittee: Mr. Jason Peters Division of Marine Fisheries County: Carteret County Project Name: Artificial Reef 320/Division of Marine Fisheries/Two vessels and bridge rubble Date Verification Issued: June 28, 2018 Project Manager: Sarah Hair Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEER WH MINGTON DISTRICT Attn: Sarah Hair 69 Darlington Avenue Wilmington, North Carolina 28403 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date ROY COOPER t:u Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: Gregg Bodnar FROM: HEATHERSTYRON THRU: ROY BROWNLOW Governor - WILLIAM G. ROSS, JR. Interim Secretary BRAXTON DAVIS Director January 18, 2017 SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT- NCDMF AR-320 ARTIFICIAL REEF SITE, 8 NAUTICAL MILES WSW OF THE BEAUOFRT INLET SEA BUOY AND WITHIN THE ATLANTIC OCEAN The following is my assessment and consequent recommendations of the above referenced proposal: This proposal involves the enhancement of the existing reef with the placement of -two vessels and 4,000 tons of concrete bridge rubble approximately 8 nautical miles WSW of the Beaufort Inlet buoy, in Atlantic Beach. The total project area is 7,065,000 square feet (162 acres) however, only 169,884 ft2 (3.9 acres) of deep bottom habitat within the Atlantic Ocean would be utilized. The development conforms to the guidelines set forth under 15A NCAC 07H .0208. The waters of this area of the Atlantic Ocean are open to shellfish harvest and are not considered Primary Nursery Areas. Assuming that state and.federal agencies concur with the proposal, the District recommends the project be authorized as proposed, contingent upon the following specific and general conditions: The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. 2. The reefs shall be placed as shown on the drawings dated received by DCM on 12/21/16 and 1/12/16. 3. All precautions should be taken to ensure navigation is not hindered and Public Trust Area is not unduly affected. 4. The existing reef area should be clearly demarcated with vertical markers etc. (Coast Guard standards) with enough height clearance above nhw to be visible and to ensure navigation safety for boating traffic. Nothing ComparesT_-,_- State of North Carolina I Enviromnemal Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 252-808-2808 qk. NC DMF Reef Site AR-320 Comments Page 2 of 2 5. The Permittee is required to repair, maintain and remove any displaced portion or components of the reef. The permittee is responsible for removing all portions of the reef should the project be terminated or displaced beyond repair. 6. Any future expansion or enlargement of the reef structure will require additional review etc. Nothing ComparesT� State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 252-808-2808 ROY COOPER L .1� p Coastal Management ENVIRONMENTAL OVALITY RECEIVE® FEB 0 2 2017 DCM- MHD CITY Governor WILLIAM G. ROSS JR Interim Secretary BRAXTON DAVIS Director January 23, 2017 MEMORANDUM: JA ` - � f E iVH ... TO: Dan Sams,._ \. Division of Energy, Mineral & Land Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NCDMF-AR-320 Project Location: Carteret County, 8 nautical miles WSW of the Beaufort Inlet buoy off Atlantic Beach and within the Atlantic Ocean. Proposed Project: Proposes to enhance the existing artificial reef by sinking 2 vessels and 4000 tons of concrete bridge rubble. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED \"� DATE 121 b 7 Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City. N.C. 28557 (252) $082808 IMP Coastal Management ENVIRONMENTAL QUALITY January 23, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: JAN 2 5 2017 I-OA STATE PROPERTY OFFICE Tim Walton State Property Office Doug Huggett Major Permits Processing Coordinator ROY COOPER Covarnor WILLiAM G.'ROSS, JIt CAMA/DREDGE & FILL Permit Application Review NCDMF-AR-320 Interim Secretary BRAXTON DAVIS Director RECEIVED JAN 31 2017 DCM- MHD CITY Carteret County, 8 nautical miles WSW of the Beaufort Inlet buoy off Atlantic Beach and within the Atlantic Ocean. Proposed Project: Proposes to enhance the existing artificial reef by sinking 2 vessels and 4000 tons of concrete bridge rubble. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. ' REPLY: - This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project .only if the recommended changes are incorporated. See attached. This agency bjects to the project for reasons described in the attached comments. SIGNED DATE // -7hz Nothing Compares State 411orth Carolina I Enviromneatel Quality I Coastal Management 400 Commerce Avenue i Morehead City, N.C. 28557 (252)808-2808 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: NCDMF Artificial Estuarine Reef Program (AR-320 reef site) C/O Jason Peters 2. LOCATION OF PROJECT SITE: 8 nautical miles WSW of the Beaufort Inlet buoy off Atlantic Beach and within the Atlantic Ocean Longitude: 76°48'450 W Latitude: 34°39'474 N INVESTIGATION TYPE: D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— December 2016 Google Photography and future site visit with DMF Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received—12/21/2016 Application Complete- 1/12/17 Office — Morehead City 6. STPE DESCRIPTION: (A) Local Land Use Plan — Atlantic Beach dated 2008 RECEIVED Land Classification from LUP — Conservation (B) AEC(s) Involved: EW, PTA JAN 3 I �Ol% (C) Water Dependent: (yes) (D) Intended Use: public/government (E) Wastewater Treatment: Existing — N/A DC M - M H D CITY Planned - None (F) Type of Structures: Existing — N/A Planned — sinking of 2 100' tug boats and 4000 tons of concrete bridge rubble (total footprint of 33,088sf) over existing reef (G) Estimated -Annual Rate of Erosion: N/A Source —N/A HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Shallow Bottom N/A 1 169,884ft2 1 N/A (D) Total Area Disturbed: 169,884 ft2 (E) Primary Nursery Area: No (F) Water Classification: SB Open: Yes 8. PROJECT SUMMARY: The proposed project is located 8 nautical miles WSW of the Beaufort Inlet Buoy off Atlantic Beach and within the Atlantic Ocean. The site currently has an existing artificial reef, and since it has not been improved since 1987 (previously permitted through CAMA major permit # 75-86), the applicant has chosen the site for enhancement. 9. Narrative Description The AR-320 artificial reef project is located 8 nautical miles WSW of the Beaufort Wet buoy and 7.6 nautical miles west of the nearest navigable channel (the Beaufort Inlet Channel). The site is also known as the "Clifton Moss Reef'. Field Investigation Report NCDMF AR-320 reef site Page 2 of 2 The project area is 7,065,000 square feet (162 acres) in its entirety and has an average water depth of -49' nlw however, only 169,884ftz (3.9 acres with a 1500' buffer radius) of the proposed site boundaries would be utilized at this time. The Atlantic Beach Land Use Plan classifies this area as Conservation. This section of the Atlantic Ocean is not designated as Primary Nursery Area, is open to the taking of shellfish and carries a water classification of SB. Substrate within this area is mostly sand and silt. The nearest designated channel is the Beaufort Inlet Channel, which is 7.6 nm west of the project site. 10. Proiect Descriotion: The applicant's current proposal is to enhance the existing AR-320 artificial reef by sinking 2 vessels and 4000 tons of concrete bridge rubble. The project would be conducted in three phases. Phase one would sink the 98' tugboat, the Fort Fisher, with phase two sinking the 104' tugboat, the America. The final phase (three) would consist of sinking 4,000 tons of bridge rubble from the Gallants Channel Bridge. Phase one and two are currently under contract and funded through the Coastal Recreational Fishing License grant program. The applicants have located two grid areas that would demarcate the sunken tugs. The Fort Fisher would be located within reef boundaries and sunk within grid area 195 (34039'61002/76°48'52482 W). The America would be sunk in grid area 205 (34039'63474 N/76°48'55476 W. Both vessels would be clean, stripped and free of petroleum and other hydrocarbons, toxic residues etc. Each vessel would be sunk using an independent anchoring system complete with one anchor sufficient to anchor them when on the existing reef site. The first vessel is expected to be sunk by mid -March with the second one sunk during mid -April. The phase three portion would be made using concrete bridge rubble from the Gallants Channel Bridge project. There would be approximately 4000 tons placed over a 5-day deployment. The timing of this phase would be dependent on the completion of the new bridge. Per the applicant, the reef area would have a clearance of greater than -LS-' nlw as well as an expected subsidence of I'-5'. Per --the applicant, the four boundary corners are currently marked, Although the method and materials were not specified, the site is marked with cylindrical can buoys. 11. Anticipated Impacts: The proposed artificial reef incorporates 169,884 8ft2 of the 3.9-acre project area deep bottom habitat and has the potential to cause temporary turbidity. There would be no hindrance to navigation for the Beaufort Inlet Channel (7.6 nm west of the existing reef site). The placement of the sunken ships and bridge rubble within this area would change the water depths from-49'nlw to at -15' nlw but has an expected P-5' of subsidence per the applicant. All portions of the development would remain with the existing previously approved reef site. Name: Heather Styron Date: 1/23/17 Morehead City IVY tio� Kk y N\ e6o �G I'AI M.,CRi1,Y DEC 21 2017 DCM- MHD CITY RIt A X ! 0 N )A%. h MEMORANDUM TO: Heather Styron Division of Coastal Management (CAMA), NCDEQ THROUGH: Jason Peters (Artificial Reef Coordinate, Division of Marine Fisheries, NCDEQ J RECEIVED FROM: Amy Comer Flowers (Artificial Reef Biologist) Division of Marine Fisheries, NCDEQ JAN 3 1 2017 DATE: December 21, 2016 DCM— MHD CITY SUBJECT: Enhance Artificial Reef Site AR-320 with 2 Vessels and Bridge Rubble The North Carolina Division of Marine Fisheries Habitat and Enhancement section administers two reef programs (The Artificial Reef and Oyster Sanctuary Programs) which routinely construct and enhance hard bottom habitat. Presently this section manages sixty-two reef sites, which are periodically maintained by adding materials and replacing those that may have eroded or been buried over time. For every enhancement to an existing artificial reef, NCDMF intends to use only biologically suitable materials. Reef construction materials used by NCDMF are described in detail within the Guidelines and Specifications for Acceptable Artificial Reef Materials, 2016 2nd Edition (Attachment 1). These guidelines are prepared in consideration of physical and biological requirements for artificial reefs and finfish ecology. The NCDMF applies experiential knowledge and best management practices to minimize propagation of reef species which are invasive or detrimental to local ecosystems. It should also be noted that all materials, siting, and deployment strategies are also tailored to minimize impacts to protected resources such as sturgeons and sea turtles. During site investigations, staff use side -scan sonar and/or SCUBA, to evaluate local conditions and bottom habitat. Data from these site investigations are used to select enhancement target locations within the permitted boundaries of the proposed reef. With this proposal, the Artificial Reef program intends to enhance AR-320, an existing reef site, located approximately 8.0 nm WSW of the Beaufort Inlet sea buoy, off Atlantic Beach, NC (Figure 1). AR-320 is located 7.6 rim west of the nearest navigable channel (The Beaufort Inlet Channel). AR-320 was previously authorized under SAWCO085-N-017-0352 (USACE #194) and permitted by North Carolina Division of Coastal Management, Coastal Area Management Act Major Permit #75-86 (exp. Dec. 31,1989). The reef boundaries are delineated by a 1500 ft. radius around a centroid coordinate (34' 39.474N/ 76° 48.450W; Figures 2 and 4). State of North Carolina I Errdronmental Qwky I Marine Fisherks PO Box 769 13441 Arendell Street I Morehead City. NC 285S7 2527267021 T ii ' yy"E M 1 2017 Within the boundaries of the AR-320 reef site, the USACE has authorized a minimum N1; .Clry, navigational clearance of 15 feet, also noted on NOAA navigational charts. Side -scan sonar and SCUBA surveys on the reef site by North Carolina Artificial Reef Program staff, noted maximum site water depth at approximately 49 feet, which is consistent with NOAA navigational charts. The bottom sediment within the AR-320 site is composed of fine grain sand and silt, as verified by both side -scan and SCUBA surveys. SCUBA and side -scan surveys also verified that there was no exposed natural hardbottom at the site (Figure 2). The reef has not received enhancement materials since 1987 (-29 years), though recent side -scan surveys suggest the reef is still composed of concrete bridge rubble (6.48 acres), steel bridge truss (0.08 acres), and one 140' menhaden vessel (0.05 acres; Figure 3). For regulatory compliance, considerations have been made to maintain authorized clearance and ensure materials stay on site. Spatial planning at AR-320 includes a 150 ft. "buffer" or zone of no -construction, which encircles allowable construction area within the boundaries (Figures 2 and 4). The buffer zone helps maintains permit compliance and accounts for micro -movements of material overtime. In consideration of site depth (49 ft.) and the authorized minimum vertical clearance (15 ft.), design plans do not exceed 34 ft. of initial maximum material profile. Some settling of the proposed enhancement materials will occur, though likely not more than 1-5 ft. The proposed enhancement operations will progress in three phases. Phase 1, will be the sinking of the 98.4 ft. tugboat the Fort Fisher (Attachment 2). Phase II, will be the sinking of the 104 ft. tugboat the America. (Attachment 3). Finally, phase III will consist of sinking up to 4,000 tons of bridge rubble from the Gallants Channel Bridge. Phase I and Phase II are high -publicity reef enhancements, which are currently under contract and funded through the Coastal Recreational Fishing License (CRFL) grant program. To complete phases I and 11, the artificial reef program has identified two preferred grid areas, within reef boundaries, as the final resting place for the two vessels. The Fort Fisher will be sunk first, and in grid 195 (Center coordinates 34° 39.61002N / 76° 48.52482W), while the America will be sunk in grid 205 (center coordinates 34° 39.63474N/ 76° 48.55476W). Both vessels will be prepared in accordance with state and federal guidance, so that they are reasonably clean and free of petroleum and other hydrocarbons (e.g. oil, grease, asphalt, and creosote), toxic residues, (e.g. mercury, cadmium, and lead), and other deleterious substances. This includes the removal of all floatables and preparation to a maximum height not to exceed 34 ft. Each vessel will be sunk using an independent anchoring system complete with one anchor sufficient to anchor them when on the reef site. Further, a thorough sink plan for each vessel, prepared by the contractor and approved by the NCDMF, will help to ensure that the vessels are oriented upright once resting on the bottom; although not guaranteed. As stipulated under contract, both vessels must be situated on the bottom, at the reef site, by May 1, 2017. However, tjle contract timeline calls for the first vessel (Fort Fisher) to be sunk in mid -March and the becond vessel (America) to be sunk during mid -April. To guide deployments, staff will mark �L &ations with visible references above the waterline, that will be checked with mapping grade > C &S. LLg = During Phase I1I, reef enhancements will be made using concrete bridge rubble from the " emolished Gallants Channel bridge. For this phase, approximately 4,000 tons will be delivered on site over the course of approximately five deployment days. Size of rubble pieces will Monform to NCDMF guidelines for ocean enhancements (Attachment 1). Timing of this reef Qnhancement hinges on multiple factors including when the new bridge will be completed, and 5udeo7Narth Carolina I Emlronniental Qualty I Marine Fidwles POBaer69 13441Arerddl5treet I Morehead Clty,NC 28557 2527267021 T Dom MP4 APPLICATION for Malor Development Permit (last revised 12127106) 2017 DCM- MHD North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary ApplicantbLandowner Information Business Name Project Name IN applicable) NcdeglNorth Carolina Division Of Marine Fisheries AR-320 Enhancements Applicant 1: First Name MI Last Name Jason W Peters Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) Wit; names listed. Mailing Address PO Box CRY State North Carolina Division of Marine Fisheries 769 Morehead City NC ZIP Country Phone No. FAX No. 28557 USA 252-808-8063 ext 252-726-9218 Street Address (if different from above) city state ZIP 3441 Arendell St. Morehead City NC 28557- Email jason. peters@ncdenr.gov 2. Agent/Contractor Information Business Name REGEIVED AgenU Contractor 1: First Name MI Last Name JAN Ti 2017 Agent/ Contractor 2: Fist Name MI Last Noma - MHD CITY Mailing Address PO Box CRY State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor# ' Street Address (Jdifferent from above) City state ZIP Email <Form continues on back> 252.808.2808 :: 1.888.414COAST :: www.nceosetal management. net 93 W W. I Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit S. Project Location County (can be multiple) Street Address Stale Rd. # Carteret N/A N/A Subdivision Name City Slate Zip NIA WA NC WA - Phone No. Lot No.(s) (if many, attach additional page with Hat) ext. a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project Atlantic Ocean Atlantic Ocean c. is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project she. ®Natural ❑Manmade ❑Unknown Atlantic Ocean s. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. North Carolina State Waters 4. Site DescWpdon a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.R) WA Boundary of AR320= 7,065,000 sq. ft. c. Size of Individual tot(s) d. Approximate elevation of tract above NHW (normal high wafer) or AR-320: 7,065,000 sq. ft. (182.19 ac) , ., NWL (normal water level) (If many lot sizes, please attach additional page with a list) 0 ❑NHW or ®NWL e. Vegetation on tract none f. Man-made features and uses now on tract Previously constructed artificial reef habitat. Please see the narrative for detailed information. g. Identify and describe the existing land uses adiacent to the proposed project site. Residential and commercial h. Hoe does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? NIA (Attach zoning compliance certificate, d applicable) ❑Yes ❑No ®NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. Elves ®No DNA If yas. by whom? I. Is 160proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No ®NA NoTaiial Register listed or eligible property? Q <Form continues on next page> 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit m. () Are there wetlands on the site? []Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (III) If yes to either (i) or (III above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. ' NIA ;r 7 o. Describe existing drinking water supply source. - N/A p. Describe existing storm water management or treatment systems. N/A 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®PublidGovernment ❑Private/Communily b. Give a brief description of purpose, use, and daily operations of the project when complete. Provide habitat for recreationally and commercially important finfish species. These structures will provide essential fish habitat for juvenile and adult life stages of finfish, crustaceans and invertebrates. Anticipated activities include recreational fishing and scuba diving. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Construction will occur at AR-320 under this permit. Using permitted boundaries, a perimeter buffer to protect against future boundary violations, and a grid development scheme, two one hundred foot class vessels and aproximately 4,000 tons of concrete bridge demolition debris will be placed on pre -determined locations (See project narrative). A Division of Marine Fisheries (DMF) approved contractor will deploy all materials. DMF artificial reef personnel will be on site during all deployments to mark locations, monitor activities, and ensure permit compliance. d. List all development activities you propose. The reef site has been overlaid with 150' x 150' construction grids for deployment referencing. In this plan, we propose to construct artificial reef habitat within six grids, southwest and east of existing structures. A total oLfgf�p v�i1h created, where: � (C C' V C Phase #1 = Grid 195 - Sinking of the 98.4 ft. Fort Fisher. f Q N 3 1 2 �� Phase 02 = Grid 205- Sinking of the 104 ft. America Phase #3 = Bridge material will be distributed amongst four grids (92, 109. 127, 144). All materials are reasonably free and clear of pollutants. DCi M— M H D C IT e. Are the proposed activities maintenance of an existing project, new work, or both? maintenance of an existing project f. What Is the approximate total disturbed land area resulting from the proposed project? 3.09 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes []No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A I. Will wastewater orstormwaterbedischarged into awetland? ❑Yes []No ®NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yea []NO ®NA .Y 252-808.2808 :: 1-888.4111COAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 5) r ^ ) as . t-J APPLICATION for 21 Z017 Major Development Permit j. Is there any mitigation proposed? []Yes []No ®NA If yes, attach a mitigation proposal. <Form continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following items below, N applicable, must be submitted in order for the application package to be complete. Items (a) - (1) are always applicable to any major development application. Please consult the application Instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Phone No. Address Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permieee, and Issuing dates. US Army Corps of Engineers General Pemit #198500194 Expires: Dec. 31, 2016, anticipated renewal Jan. 1, 2017 Coastal Area Management Act Permit Number 75-86 Issues June 6, 1986, expired Dec. 31 1989 h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, 0 necessary. J. A signed AEC hazard notice for projects in oceanfront and Inlet areas. (Must be signed by property ownso k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10). it necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Co tYReadon and Permission to Enter on Land 1 I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies)o. enter on the aforementioned lands in connection with evaluating information related to this permit applic Mee t and follow -pp. monitoring of the project. L� ^ U I further certify at the information provided in this application is1ruthful to the best of my knowledge. > o Date } Print Name `JMOVJ �fL�P,C `1 - LLl Signature U z LLJ Q r Please indicate application attachments pertaining to y04r p posed project. () ®DCM MP-2 Excavation and FIII Information ❑DCM MP-5 Bridges and Culverts 0 252.808.2808 t: 1.888.4aCOA8T :: www,necoastalmanagement.net Form DCM MP-1 (Page 5 of 5) APPLICATION for ❑DCM MP-3 Upland Development ❑DCM MPA Structures Information Major Development Permit RE,�NED 21 2017 DCM- MHD CITY RECEIVED JAN 31 2017 DCM- MHD CITY 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmonagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL stabilization Length 150ft@ 8 grids Width 150 ft @ 6 grids Avg. Existing Depth NA NA -49 It Final Project Depth NA NA 75 ft If. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NNW or NWL In cubic yards. (1) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV 088 OWL ❑None (a) Describe the purpose of the excavation In these areas: b. Type of material to be Nigh-grou6xcaji valion in c C yards r O � N Q W M cc=LU 12. DISPOSAL OF EXCAVATED MATERIAL ® This section not applicable I a. Location otdlsoosal area. c. (q Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner e. (1) Does the disposal area include any coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WI.)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: b. Dimensions of disposal area. d. Q) WIII a disposal area be available for future maintenance? ❑Yea ❑No DNA (if) If yes, where? I. (i) Does the disposal Include any area in the water? ❑Yes ❑No ❑NA III) If yes, how much water area is affected? 252-808.2608 :: 1.888-4RCOAST :: www.neeoastalmanagement.net revised: 12128f08 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ®This section not applicable (if development Is a wood groin, use MP-4 — Structures) a Tvna of ahnralim 0ahili7atlnn' b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill 00ther._ Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap _____ Breakwater/Sill— Other_ I. Source of fill material. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ONO ❑NA If yes, (il) Amount of material to be placed In the water Approximately 4 OOD tons of brkrce material and (2) 100 ft class vessels. (III) Dimensions of fill area ,Six (I50' x 150'1 orids - 3.09 acres averaae depth = -49' project depth = -49' material profile = Maximum 34' (iv) Purpose of fill The goal of North Carolina's artificial reef program is to develop, maintain, evaluate and administer a successful system of artificial reefs for the purposes of enhancing marine fisheries habitat and public fishing and diving opportunities. f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ONO DNA (it) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. ❑This section not applicable b. (1) Will fill material be placed In coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL ®Nona (ii) Describe the purpose of the fill in these areas: NIA RECEIVED JAN 31 2017 DCM- MHD CITY a. How will excavated or fill material be kept on she and erosion b. controlled? All materials mentioned in this proposal are common to artificial reef construction, have proved to be durable and stable, and have been used In NC artificial reef enhancements within ocean waters. Per unit volume, concrete weighs approximately 2.5 times water,and steel weighs approximately 7.5 times water. c. (I) Will nay' alional aids be required as a result of the project? ❑Yes NNo ❑NA (Ip If yes, explain what type and how they will be implemented. What type of construction equipment will be used (e.g., dragline, badkhoe, or hydraulic dredge)? TBD, depending on contractor, however in any event, tug boats and barges will be used. Typically artificial reef materials are brought to the Site on large vessels and released at or near the waters surface. The materials then sink straight down and settle on the bottom. Vessels will be sunk using soft patches and the best standard practices for sinking a vessel. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ONO ❑NA (II) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 252.808.2808 :: I.888-4RC0A3T :: www.n��oas�almftR,6ggm�nf.net revised: 12126106 Form OCM MP-2 (Excavation and Fill, Page 3 o1 3) 12/19/16 Date AR-320 Enhancements Project Name W i 4� O 252.808.2808:: 1-888.4NCOAST :: w .nccoastalmanagement.net revised: 12/26/06 f F(' 91 qnj? Nautical Miles 7C�/1, a u . �Wu . -• 4 afRJ T�- •^r'!"+'f+ T��—�� -t I i-� marla Pcurd .. Q _ O t r 1474`s-C qs3 (l � 67648.488.:'» • b Pandicoo ound nFl ' 0 U cal 0 or , an, 00 Uy J `-tj f N Laty Bay 0 15 30 80 Neuticel Miles � Q r l i I I AR=320 General Location 06"Ril 20. 4018 Figure 1. AR-320 is located approximately 8.0 nm west-southwest of Beaufort Inlet. Side -scan sonar and SCUBA surveys on the reef site by North Carolina Division of Marine Fisheries staff indicate a water depth of approximately 49 feet. In consideration of site depth and a 15 ft. minimum clearance, AR-320 enhancements will allow a maximum of 34-feet of material vertical profile. Figure Date: 12/19/16. RECEIVED JAN 3 1 2017 DCM- MHD CITY State of North Carolina I Emironwntai Quality I Marine Fisheries POBox769 13441Arendell Street I Morehead City, NC 28557 252 726 7021 T "h ! t I it =Y 4 i � i •i d �t I {i I I t: � j i1 yjj f i t YI y 1 �,, 1.1 1��• "1 �i 9 ti f�' ttf1 i} �' G •, r t it 1 1 ! iit �•t'ik1,1 ( ' f i�'. I i) iq '"� 'tl �i i� '�I ��a eI �i� '�•t I I, t f / f' f sal "A iq Reef Centroid Construction Zone >- QReef Boundary r—r—I +��:—r, 0 O.Oy.� 0.{� 012 Nautical Miles Figure 2. Side -scan imagery at AR-320. Note the site bou7y and, mat already within the site. Site bottom composition is fine grain sand and silt ml und�@h'lyin estone rock Figure date: 12/19/16. ((� i a State of North Carolina I Emtranrnental t2yality I Marine Fishff-A:2 1 PO Box 7691 3441 Arendell Street I Morehead City, NC 28557 dl- 2527267021 T AR-320 uhrBl..It«2 fsu•Yr3rNtle•lanYW W YiMeaeler4on Ys.t M Nr ra.l ILren ANtr MMtswrYMdsptlr �r rNr k*W tri �1 CAb*kXN 1 INO� IYIi Xi.CSN 7PNR lW Iddill 2 AIIIIIIIIIItl�O IN? 31.10D1011 W4L4yW W M!f PnN B NY10C IBB/ N713IXiM 191L01'W 4 Np 1� -WKWN •7SlKW ••3F32NVM ^7PMwfW See NNN trm B AM*BeO flu 31'30.e82N A•YQFw ftP Caeite M1 0 Mk*BSNA iw 3P3"WN if4IL437W Will C4(00"w 7 NY limb IOA WMAWN w4t4 'W oraorl M l NIA I07i 3I.31:=N 7eunrw •Mw1 •'61ssRGN6uM NI@tYgaYYYMIWYMwNY 39 N.C. Marine Fisheries Reef Guide AR-320 dNton Itass Rae EM CMQWA RutiOst M YasMl - Mal Bddp TMs WKS. 11� Ic N.C. Marine Fishedes Reef Guide 39 Figure 3. Artificial reef guide document highlighting material present on AR-320. Note that enhancements have not been made since 1987. Reef currently consists of bridge material, steel bridge truss, and a 140 ft. menhaden vessel named the "Novelty". Figure date: 12/19/16. RECEIVED JAN 31 2017 DCM- MHD CITY State ol'Nerth Carolina I Emlraemntal Qualty I Marine Fisheries PO BM 769 13441 Areldell Street I Morehead City, NC 28557 2S27267021 T Site Plans for AR-320 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 48 49 60 96 112 113 130 11 179 160 181 182 183 184 186 IN1B7 188 189 190 191 192 193 194 198 ININ199 200 201 202 203 204 f 208 20T 208 209 210 211 212 213 214 216 218 217 216 219 220 221 222 223 224 0 0.05 0.1 0.2 Nautical Was $ Reef Centroid ■ Tugboat Fort Fisher 150 ft x 150 ft Grid N TugboatAmerica Q Construction zone ■ Existing Artificial Reef Materials Bridge Material Q Permitted Reef Boundary 61 52 53 64 68 68 57 6B 69 80 81 82 rfgure 4. AK-32U permitted boundaries gridded into 224, 150 ft. x 150 ft. grids, complete with 150 foot no -construction buffer zone. Grid 195 is the proposed sinking location for the Tug F4Q Fisher, while grid 205 is the proposed sinking location for the Tug America. Finally, grids 92� N 109, 127, and 144 were selected as the preferred sinking location for the Gallant Channel bricj� *-+ material. Figure date: 12/21/16. z State of North Carolina 1 Emiromnental Qualty I Marine Fisheries POBm769I 3411Arendell Street I Morehead City, NC 28557 252 726 7021 T n-r � 1 9017 Attachment 1. Guidelines and Specifications for Acceptable Artificial Reef Materials (2016, C' Y 2"1 Edition) PAT McCRORY 4wwn+ DONALD R. VAN DER ER VAAVAART . cm NM Marine Fisheries BRAXTON C. DAVIS :x M.1 Mr•L ouum A. Artificial reef materials are selected on four primary considerations: Function, compatibility, durability, and stability. Materials used must meet their intended function, by supporting diverse and abundant biological communities. Selected materials must also be compatible with the aquatic environment in which they are placed. This means they must not pose environmental risks. Also, unstable materials, or those prone to movement, and non -durable, or easily degraded, materials must be precluded from use. The North Carolina Division of Marine Fisheries Artificial Reef Program has produced a comprehensive list of accepted materials for use in partner projects. These materials were chosen based on the above crlterla, using guidance from internal program studies, The ASMFC/GSMFC Guidelines for Marine Artificial Reef Materials (Second Ed„ 2004), The Environmental Protection Agency's (EPA) National Guidance: Best Management Practices (BMPs) for Preparing Vessels Intended to Create Artificial Reefs, and the NOAA/NMFS National Artificial Reef Plan. Concrete., Any hard, strong building material made by mixing a cementing material (commonly Portland cement) and a mineral aggregate with sufficient water to cause material to set and bind. Types Include (but are not limited to) oval and round pipe, box culverts, risers, catch - basins, knock -out boxes, bridge rubble and bridge spans, manholes, slabs, pilings, crushed concrete, and pre -designed structures such as Reef Balls or other units. All concrete must be fully cured to ensure environmental compatibility. Required Specifications: Ocean- • Unacceptable types In the ocean: slabs, small pilings, crushed concrete, small designed structures • Size - concrete pipe must be no less than 4 feet in length and no less than 36 Inches in inside diameter, unless such smaller pieces are "nested" Inside large diameter pieces r� • Compost non -units must be no more than 2 5% degraded or missing. Ali RECEIVED concrete must be fully cured before deployment • Design - pre -designed structures must meet approval of Artificial Reef Staff for function, compatlblllty, durability, and stability JAN 31 2017 Estuary - • Size -concrete pipe must he no smaller than 12 Inches In Inside diameter and not exceed 30 Inches In Inside diameter. Any concrete structure must DICM- MHD C T , <' 'Nothinq Compares.-. a meafNathrrdina I Em1•mneMq Qu yIMa Fhh rommI aNta,enA9W tI sueoadety.N 2m? 2271b7wi r State of North Carolina I Erwtronwntal Quality I Marine Fisher les PO Box 769 13441 Arendell Street I Morehead Cay, NC 28557 252 726 7021 T DEC21 2017 HD CITY not exceed 8 feet in length, width, orhelght. Crushed concrete must be: 8" maximum diameter, 6" average diameter, 4" minmum diameter, 10% maximum oversize, 5% maximum undersize • Composition - units must be no more than 25%degraded ormissing. All concrete must be fully cured before deployment • Design - pre -designed structures must meet approval of Artificial Reef Staff for function, compatibility, durability, and stability Vessels - Vessels are a commonly used artificial reef material. These may be composed of ferro•cement or steel, though steel vessels are most common and preferred. Thorough preparation and cleaning is required before these materials may be used as reefs (EPA BMPS). Required Specifications: Ocean - • Size- vessels must be no smaller than 100 feet in length unless paired with second 100 foot or greatervessel • Clearance- vessels are subject to clearance requirements and in many cases, must be shortened In height to comply with permits. This may Involve expensive removal of vessel superstructure • Cleaning and preparation- vessels are subject to US Coast Guard and/or EPA Inspection to satisfy BMPs, including removals of wood, floatables, loose materials, and deleterious substances. • Stability- all air must be allowed to escape during sinking • Durability- vessel selection Is ultimately at the discretion of the Artificial Reef Coordinator, to satisfy expectations of durability Estuary - • Vessels arc not accepted In estuarine waters Natural Materials, Natural materials have been used by most coastal states to replenish various types of habitat with a particular focus on shell bottom. Natural materials include different approved mineral rocks such as limestone marl, granite, and basalt. Required Specifications: Ocean - • Natural materials are not widely used In the ocean, given their susceptibility to sediment burial Estuary - . Size - o Limestone Mad (NCDOT Class B Spec.): 12"maxim= diameter, Er' average diameter, 5" mmmum diameter, 10%maximum oversize, 5% maximum undersize Q o Granite and Basalt: B"maximum diameter, 6" average diameter, 4" W minimum diameter,10% maximum oversize, 5%maximum n undersize C:� N Location- Limestone Is not acceptable for use In high salinity environments, , , , •--I given high susceptibility to bto-eroding organisms � AJ LU Z Q i !"Nolhing Compares U Laced NWhrroka l Ewme ml(twNy l Mal Fisnerks I'Obr M9 a441nreM15trml I Mm d!rlo,Nc21657 26 a67021 T State of North Carotlna I Environmental Quality I Marinefisheries POBox7691 3441ArenddIStreet I Morehead City. NC 2a557 2527267021 T ra�'c:�.ca:.r amyrxm L--�(nEi 'QED DEC'211 2017 Notes on all materiels: DcNi— M °D CITY 1) AB materials must be cleaned and prepared In accordancewnh United States Corps of Engineers General (Regional) Permits (aGP196500194 or #GP19000291), any applkable NC Division of Coastal Management permits, and conform to slteapecRk navigatiaml clearance requirements esublfshed by the United Suter Coast Guard and NOAA OfOce ofCwst Survey. 2) Planned arrangements for acqulsillon,cleaning, preparation,dockage/staging.towing, and sinking/deployment must be described In proposals. Dockage, towing, and deployment will require proofofat least $1,000,OOD marine liability Insurance. �`�'Nothirig Compares_. Raw dNart6Caevana ErtArwrrcnplaaNY Maarc fahnks e08aa6913441Awn*#Rwm IMore6eMCay.NC MS52 29126 coil T RECEIVED JAN 31 2017 DCM- MHD CITY V State of North Carolina I Emirorunental Quality I Marine Fisheries PO Box 769 13441 Arendell Street I Morehead City, NC 28557 2527267021 T Attachment 2. Photos of the 94.4-foot Tugboat the Fort Fisher. 2527267021 T IJ DEC 21 2017 Attachment 3. Pictures of the 104-foot Tugboat the America. RECEIVE MH State of North Carolina I Errvlrontnental Quafty I Madre fisheries PO Box 76913441 Arendell Street I Morehead City. NC 28557 2527267021 T ROY COOPER Coastal Management .ENVIRONMENTAL GUALITV January 23, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: JAN 2 5 2017 Shellfis11 h Sanitation 6 lac-eational Water Qualiy on RECENED FEB 61 2017 Shannon Jenkins MI{p CITY Shellfish Sanitation DCM- Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review NCDMF-AR-320 Govemor WILLIAM G. ROSS, FR Intuhn Secretary BRAXTON DAVIS D/rector Carteret County, 8 nautical miles WSW of the Beaufort Inlet buoy off Atlantic Beach and within the Atlantic Ocean. Proposed Project: Proposes to enhance the existing artificial reef by sinking 2 vessels and 4000 tons of concrete bridge rubble. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252)' 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: / This agency has no objection to the project as proposed. 1/ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED( �4� DATE 1130117 ibp- Skarirzy) nothing Compares State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, N.C. 28557 (252) 808-2808 ROY COOPER Govemor a _ `t RECEIV ED WILLIAM G. ROSS JR.- __ Interim Secretary CoastatManagement FEB 0 2 2017 ENVIRONMENTAL QUALITY BRAXTON DAVIS Director DCM- MHD CITY January 23, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Heidi Cox Public Water Supply Doug Huggett Major Permits Processing Coordinator 114@&oe4 JAN 2 S 2017 vt vision NiRO . p b"� Wa er UrCesupps CAMA/DREDGE & FILL Permit Application Review NCDMF-AR-320 Carteret County, 8 nautical miles WSW of the Beaufort Inlet buoy off Atlantic Beach and within the Atlantic Ocean. Proposes to enhance the existing artificial reef by sinking 2 vessels and 4000 tons of concrete bridge rubble. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED (,( DATE 16,leol7 Nothing Compares State dNolth Carolina I Envhonmeatal Quality I Coastal Management 400 Colamerce Am= J Morehead City, N.C. 28557 (252)808-2808 ROY COOPER Governor WILLIAM G. ROSS, Levae Saaetary BRAXTON DAVIS DAIIXOl 11 107 January 23.2017 MEMORANDUM: TO: Renee Gledhill-Earlyt,�tj ,1 NC Department of Cultural Resources a FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMAIDREDGE & FILL Permit Application Review Applicant: NCDMF-AR-320 Project Location: Carteret County, 8 nautical miles WSW of the Beaufort Inlet buoy off Atlantic Beach and within the Atlantic Ocean. Proposed Project: Proposes to enhance the existing artificial reef by sinking 2 vessels and 4000 tons of concrete bridge rubble. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 12, 2017.If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252),808-2808. Ext. 216. When appropriate. in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency j�objects to the project for reasons described in the attached comments. (j� SIGNED 2G X_�DATE 3 Nothing Compares jAN 2 7 2017 State of NoAt Carolina t %Vi=M*1" Qua�ty l C W MIMV� 4o0 C,=.ct 1 vww 1 Mordtud Cit}; N.C. 28557 (252) gm -Rog PS error: undefined ROY COOPER Commor --- WILLIAM G. ROSS, JR.- Coastal Management ENVIRONMENTAL QUALITY January 23, 2017 MEMORANDUM: TO: Georgette Scott Division of Energy, Mineral, & Land Resources FR M: Doug Huggett Major Permits Processing Coordinator i SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NCDMF-AR-320 Interim Secretary BRAXTON DAVIS Dindor ECEIVE JAN 2 5 Yon BY Project Location: Carteret County, 8 nautical miles WSW of the Beaufort Inlet buoy off Atlantic Beach and within the Atlantic Ocean. Proposed Project: Proposes to enhance the existing artificial reef by sinking 2 vessels and 4000 tons of concrete bridge rubble. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: '--This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments SIGNEDDATE ��3�/-7 Ktk;EIVF.D ' I FEB 21 2017 nothing Compares— � DCM- MHO JIi'f State ofNonh Carolina I Environmental Quality I Coastal MenaP-ent 400 Co=m Avaue I Morehead City, N.C. 28557 (252)808-2808 0 ROY COOPER Gavemar WILLIAM G. ROSS, Interim Secretary BRAXTON DAVIS Director (-.I -i.pL 24.01 January 23, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Maria Dunn NC Wildlife Resources Commission Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review NCDMF-AR-320 Carteret County, 8 nautical miles WSW of the Beaufort inlet buoy off Atlantic Beach and within the Atlantic Ocean. Proposes to enhance the existing artificial reef by sinking 2 vessels and 4000 tons of concrete bridge rubble. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested, REPLY: This agency has no objection to the project as proposed. t�This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 400 Commerea Avenue I Morehead City, N.C. 28557 (252)808-2808 5 Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, February 22, 2017 9:24 AM To: Bodnar, Gregg �ryk Subject: Re: [EXTERNAL] DCM CAMA comments The two reef sites won't receive comments since we are processing them as GP 194's. however, we are still waiting on add info from DMF to include with our consultation request to NMFS PRD. Let me get back to you on the ocean club. I'm in fort Bragg today, I'll be back in the office tomorrow. Liz From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Date: February 22, 2017 at 9:20:44 AM EST To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.miI> Subject: [EXTERNAL] DCM CAMA comments Morning Liz, Just wanted to check in on a few projects. I appreciate the quick response on Bailey. I was happy to finally get that one done. That was an interesting one because of its location outside the riparian corridor. But anyway here are the ones I was curious about... NC DMF AR-380 Bogue Sound in Carteret County NC DMF AR-320 inside 3nm off Carteret County Ocean Club Master Assoc in Bogue Sound in Carteret County As always thanks for everything and let me know if I can do anything on my end for you, Gregg e5-` l/ Wa Coastal Management ENVIRONMENTAL QUALITY January 23, 2017 MEMORANDUM: TO: FROM: SUBJECT: ROY COOPER WILLiAM . InterlrirSenretary , BRAXTON DAVIS Director RECEIVED/NCDENN/DWN JAN 2 5 2017. Robb Mairs Division of Water Resources Water Quality Regional OPeratWiliningtonlons Region l ptflce Doug Huggett Major Permits Processing Coordinator. CAMA/DREDGE & FILL Permit Application Review Applicant: NCDMF-AR-320 Project Location: Carteret County, 8 nautical miles WSW of the Beaufort Inlet buoy off Atlantic Beach and within the Atlantic Ocean. ProposedProject: Proposes to enhance the existing artificial reef by sinking 2 vessels and 4000 tons of concrete bridge rubble. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron; Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: YThis agency has no objection to the project as proposed. j \ J' This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. ®ncy objects to the project for reasons described in the attached comments. SIGNED Au DATE C Nothing Compares State ufNorth Carolina I Eav wtuaaontal Quality I Coastal Management 400Commune Avoue I Mmeheedcity,N.C. 29557 (252)BOB•2808 i. Water Resources Environmental Quality February 27, 2017 _ " ROY.COOP.ER _. Oovernor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director DWR Project # 20170126 NC Division of Marine Fisheries Carteret County Attn: Jason Peters lq P.O. Box 769 dt Ld p �i 9I t t 3441 Arendell Street Morehead City, NC 28557 ,. pA4pi T�jl axL Subject Property: Artificial Reef 320 Enhancement, Atlantic Ocean, Carteret County Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Peters: You have our approval, in accordance with the attached conditions and those listed below to construct an artificial reef, as described in your CAMA application dated December 21, 2016, and received by the Division of Water Resources (Division) on January 25, 2017. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification allows you to use the General Permit No. 198000194 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 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 includine incidental imoacts: Amount Approved Units Plan Location or Reference Open Waters Approximately 3.9 acres Figures 1 through 4, project narrative (Reef balls material) and attachments 1 through 3 and cross section Coastal wetlands N/A 404/401 wetlands N/A Buffers N/A —'Nothing Compares a_... State efNorth Carolina I Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 910.796-7215 NCDMF-AR-320- Carteret County DWR Permit # 20170126 February 27, 2017 PageM3 _ 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/pormitee 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 or in surface waters will be regularly inspected and maintained to prevent contamination of waters from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Resources, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796,7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. 7. 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: 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.15013 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. l NCDMF-AR-320- Carteret County DWR Permit M 20170126 February 27, 2017 Page303 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) copyof the petition must also be served to DEQ: Sam M. Hayes, 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 910.796.7427 or Robb.Mairs(o)nedenr. ov. 9 Jim gso , Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: GC 3900 eo: Liz Hair - USACE Wilmington Regulatory Field Office DWR 401 & Buffer Permitting Branch file Gregg Bodnar - DCM Morehead City WiRO _ Water Quality Certification No. 3900 CAMA PERMIT CERTIFICATION Water Quality Certification Number 3900 is Issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the. United.States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to waters and wetland areas as described in General Permits 198000291, 198000048, 198700056, 197800080, 197800125, and199200277, Nationwide Permits 3, 12, 13, 14, 181 27, 29, 33, 35, 39, and 43, and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 02B .0200. The State of North Carolina .certifies that the specified category of activity will not violate applicable'portions of Sections 301, 302, 303, 305 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Activities meeting any one (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Quality (the "Division"): a) Activities authorized by CAMA major permits, except; I. Boat Ramps and associated access (i.e. roads and parking lots) that involve the excavation or filling of less than 500 square feettotal of wetland and open water area, with the exception that the excavation or filling of coastal wetlands may not exceed.100 square feet; 11. Shoreline protection measures that tie into existing bulkheads, land or other shoreline' protection measures or do not.extend.waterward of the normal high water line or -normal -water level more.than.l0..feet. providedthat.the.activity.will not........ involve the excavation. orfilling of any SAY or signff(cant,shelifish resources as identified by the Division of Marine Fisheries and Impacts less than 500 square feet total ofweiland, with the exception that the excavation or filling of coastal wetlands may not exceed 100 square feet; III. Piers and docks designed to accommodate up to but not exceeding 10 vessels (except where prohibited in ORW Waters as defined in 15A NCAC 02B.0225(7)&(8)) and where the water depth is equal to.or-greater than two feet of water at normal low water level or normal water level (whichever is applicable); iv. Maintenance dredging of less than 0:5 acres of open water or non -vegetated wetlands provided; that the applicant can provide documentation showing the historic dimensions of the dredged channel, and no Submerged Aquatic Vegetation or shellfish beds are excavated or filled; v. Projects that involve only shading of waters or wetlands; vi. Utility lines, except wastewater lines and potable water discharge lines which are subject to an NPDES Permit, as long as wetland or water impacts are temporary; vii. Upland development Which involves no more than 1110 of an acre.of excavation or filling of non -coastal wetlands, with the exception than no more than 2,000 square feetof the non -coastal excavation orfilling may take place within a Coastal Shoreline Area of Environmental Concern (AEC). For the purposes of this area calculation, the excavation or filling impacts of the entire project must be . considered, which may include boat ramps, bulkheads or other shoreline Water Quality Certification No. 3900 Water. Quality_ Certification No. 3900 stabilization measures. The applicant must comply with all applicable coastal stormwater rules; viii. Single family home construction that results in fill of 404 wetlands as long as written concurrence is not required from DWQ for the applicable Corps of Engineers Nationwide Permit; or b) Any stream relocation; or c) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of DWQ Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200); or d) Any impacts to streams and/or buffers in the Neuse or Tar -Pamlico River Basins (or any other basin or watershed with Riparian Area Protection Rules [Buffer Rules) in effect at the time of application) unless the activities are listed as "EXEMPT" from these rules or a i Buffer Authorization Certificate is issued through N.C. Division of Coastal Management [ (DCM) delegation forALLOWABLE" activities. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. If a project also requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the two fees. Activities Included in this General Certification that do not meet one of the thresholds listed above do not require written approval from the Division as long as they comply with the Conditions of Certification listed below. Activities authorized by Coastal Area Management Act (CAMA) General Permits do not require written approval from the Division as long as they comply with the Conditions of Certification listed below. If any of -these Conditions cannot be met, then written approval from the Division is required. Conditions of Certification: 1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use of this Certification = No waste, spoil, solids, or fill of any kind shall occur In wetlands, waters, -or riparian areas _. beyondthdeotofpn"imthe Pfe CaiistructoS NotiBatian;ase authorizewritten approval from the Division or beyond the thresholds established for use.of this Certification without written authorization, including incidental impacts. All construction activities, including the design, Installation, operation, and maintenance of sediment and erosion control Best.Management Practices shall be performed so that no violations of State water quality standards, statutes, or rules occur. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. 2. Standard Erosion and Sediment Control Practices Erosion and sediment control practices must he in full.compliance with all specifications goveming the proper design, installation and operation and maintenance of such Best Management Practices and if applicable, comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site: a): Design, Installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. Water Quality Certification No. 3900 - -- - - - - Water Quality Certification --No, 3900-. - - - b) For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained In accordance with the most recent version of the North Carolina Surface Mining Manual. c) Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d) Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. e) If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality (HOW), or Outstanding Resource (ORV4 waters, then the sedimentation and erosion control designs must comply with the requirements set forth in 15A NCAC 049 ,0124, Design Standards in Sensitive Watersheds. 3. No Sediment and Erosion Control Measures In Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures. shall not be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources (DLR) or locally delegated program has released the specific area within the project 4. Construction stormwater Permit NCG010000 An NPDES Construction stormwater Permit is required for construction projects that disturb one (1) or more. acres of land. This Permit allows stormwater to be discharged during, land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered_by, this„permit, full. compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance; self -monitoring, record keeping and reporting requirements is required. A copy of the general permit.(NCG010000), inspection log sheets, and other information may be found at htlp:/Iport6l.ncdenr.c)Lq/weblwq/ws/su/npdessw#tab The North Carolina Department of Transportation (NCDOT) shall be required to be. in full compliance with the conditions related to construction activities.within the most recent version of their Individual NPDES (NCS000250) stormwater permit. 5. Construction'Moratoriums and Coordination If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the.NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout,. anadromous fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Water Quality Certification No. 3900 3 Water Quality Certification No. 3900 Work within the twenty-five (25) designated trout counties or identified state or federal endangered or threatened species habitat shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 6. Dredging shall not cause Shellfish Closures The effluent water from the dredge spoil should not be released into open shellfish waters. Shellfish Sanitation and the Division of Water Quality must be notified if this is to occur. 7. Work in the Dry All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application submittal to and written approval by the Division. 8. Riparian Area Protection (Buffer) Rules Activities located in the protected riparian areas (whether jurisdictional wetlands or hot), within the Neuse, Tar -.Pamlico, or Catawba River Basins or in the Randleman, Jordan, or Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited to "uses° identified within and constructed in accordance with 15A NCAC 02B .0233, .0259, .0243, .0250, .0267 and .06.05, and shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. All buffer rule requirements, including diffuse flow requirements, must be met 9, If concrete is used during the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the stale.. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the poten0al for elevated pH and possible aquatic life/ fish kills. 10. Compensatory Mitigation In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for losses of equal to or greater than 150 linear feet of streams (intermittent and perennial) and/or equal to or greater than one (1) acre of wetlands. For linear public transportation projects, Impacts equal to or exceeding 150 linear feet per stream shall require mitigation. Buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for activities classified as "Allowable with Mitigation" or "Prohibited" within. the Table of Uses. A determination of buffer, wetland, and stream mitigation requirements shall be made for any General Water Quality Certification for this Nationwide antl/,or Regional General Permit. Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines (April 2003) or its subsequent updates. Compensatory mitigation plans shall be submitted to the Division for written approval as required in those protocols. The mitigation plan must be implemented and/or constructed before any impacts occur on site. Alternatively, the Division will accept payment into an in -lieu fee program or a mitigation bank. In these cases, proof of payment shall be provided to the Division before any impacts occur on site. Water Quality Certification No. 3900 Water --Quality Certification- No. 3900 - - - - 11. Placement of Culverts and Other Structures in Waters and Wetlands Culverts required for this project shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Placement of culverts and other structures in waters and streams must be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic fife movement/ connectivity has been provided when possible (rock ladders, crossvanes, etc). Notification to the Division including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations shall be provided to the Division 60 days prior to the installation of the culvert, When bedrock is present in culvert locations, culvert burial is not required provided that there is sufficient documentation of the presence of bedrock. Notification to the Division including' supporting documentation such as, but not limited to, a location map of the culvert, geotechnical reports, photographs, etc shall be provided to the Division'a minimum of 60 days prior to the installation of the culvert. If bedrock is discovered during construction, then the Division shall be notified by phone or email within 24 hours of discovery. If other site -specific topographic constraints preclude the ability to bury the culverts as described above and/or it can be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application submittal to, and written approval by, the Division of Water Quality, regardless of the total impacts to streams or wetlands from the project. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Additionally, .when roadwags, causeways, or other fill projects al'e'Constructed'aerossFEMA=desigrtated floodways or wetlands, openings such.as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may resultin destabilization of streams or wetlands. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of riprap or other bank hardening. methods. 12. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions within 60 days of the determination that the temporary Impact is no longer necessary. The Impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, plan form. pattern, and longitudinal bed and bed profile, and the various sites shall be stabilized with natural woody vegetation (except for the approved maintenance areas) and restored to prevent erosion. 13. All temporary pipes/ culverts/ riprap pads etc, shall be installed in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual so -as not to restrict stream flow or cause dis-equilibrium during' use of this General Certification. Water Quality Certification No. 3900 Water -Quality_:Certificatim .NQ.. 390Q ... 14. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall buried and/or "keyed in' such that the original stream elevation and streambank contours.are restored and maintained. Placement of rlp-rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area. 15. Any rip -rap used for stream stabilization shall be of a size and density so as not to be able to be carried off by wave, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Rlp-rap shall riot, be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. 16. If this Water Quality Certification is used to access building sites, then all lots owned by the applicant must be buildable without additional impacts to streams or wetlands. The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters, or buffers if required to do so in writing by the Division. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. 17. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters, and protective buffers within the project boundaries in order to assure compliance for future wetland, water, and buffer impact. These mechanisms shall be put in place at the time of recording of the property or of individual lots whichever is aporoprate. A sample deed notification can be downloaded from'the Division's web site at htto://portal ncdenr org/web/wg/swo/ws/401/certsandperniits/aooNFforms. The text of the sample deed notification may be modified as appropriate to suit to a specific project. Documentation of deed notifications shall be provided to the Division upon request. 18. If an environmental document is required under the National or State Environmental Policy Act (NEPA or SEPA), then this General Certification' is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) Is Issued by the State Clearinghouse. 19. In the twenty (�Ojeoasfal coun$es, thejappropriate DfN4 Regions ice must 'e contait a "' ' to determine if Coastal Stormwater Regulations will be required. 20. This General Certification. does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 21. The applicant/permittee 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, then the Division may reevaluate and modify this General Water Quality Certification.. 22, When written authorization is required for use of this certification, upon completion of all permitted impacts included within the approval and any subsequent modifications; the _ applicant shall be required to return the certificate of completion attached to the approval. One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail Service Center, Raleigh, NC, 27699-1650. 23. Additional site -specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Water Quality Certification No. 3900 I; __.Water.- Quality. Certification N.o..39O0__...__.__.., Certification in order to ensure compliance with all applicable water quality and effluent standards. 24. This certification grants permission to the director, an authorized representative of the Director, or DENP, staff, upon the presentation of proper credentials, to enter the property during normal business hours. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide and/or Regional General Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity If it is determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 19, 2012 DIVISION OF WATER QUALITY By Charles Wakild, P.E. Director History Note: Water Quality Certification (WQC) Number 3900 issued March 19, 2012 replaces WQC Number 3641 and 3642 issued March 19, 2007; WQC Numbers 3371 and 3400 issued March 18, 2002; WQC Number 3274 issued June 1, 2000; WQC Number 31.12 issued February 11; 1997; and WQC Number 3025 issued September 6, 1995. This General Certification is rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Quality. Water Quality Certification No. 3900 7 Field Investigation Report NCDMF AR-320 reef site Page 2 of 2 The project area is 7,065,000 square feet (162 acres) in its entirety and has an average water depth of -49' nlw however, only 169,884ft' (3.9 acres with a 1500' buffer radius) of the proposed site boundaries would be utilized at this time. The Atlantic Beach Land Use Plan classifies this area as Conservation. This section of the Atlantic Ocean is not designated as Primary Nursery Area, is open to the taking of shellfish and carries a water classification of SB. Substrate within this area is mostly sand and silt. The nearest designated channel is the Beaufort Inlet Channel, which is 7.6 nm west of the project site. 10. Project Description: The applicant's current proposal is to enhance the existing AR-320 artificial reef by sinking 2 vessels and 4000 tons of concrete bridge rubble. The project would be conducted in three phases. Phase one would sink the 98' tugboat, the Fort Fisher, with phase two sinking the 104' tugboat, the America. The final phase (three) would consist of sinking 4,000 tons of bridge rubble from the Gallants Channel Bridge. Phase one and two are currently under contract and funded through the Coastal Recreational Fishing License grant program. The applicants have located two grid areas that would demarcate the sunken tugs. The Fort Fisher would be located within reef boundaries and sunk within grid area 195 (34139'61002/76°48'52482 W). The America would be sunk in grid area 205 (34°39'63474 N/76°48'55476 W. Both vessels would be clean, stripped and free of petroleum and other hydrocarbons, toxic residues etc. Each vessel would be sunk using an independent anchoring system complete with one anchor sufficient to anchor them when on the existing reef site. The first vessel is expected to be sunk by mid -March with the second one sunk during mid -April. The phase three portion would be made, using concrete bridge rubble from the Gallants Channel Bridge project. There would be approximately 4000 tons placed over a 5-day deployment. The timing of this phase would be dependent on the completion of the new bridge. Per the applicant, the reef area would have a clearance of greater than -15' nlw as well as an expected subsidence of F-5'. Per the applicant, the four boundary corners are currently marked, Although the method and materials were not specified, the site is marked with cylindrical can buoys. 11. Anticipated Impacts: The proposed artificial reef incorporates 169,884 8ft' of the 3.9-acre project area deep bottom habitat and has the potential to cause temporary turbidity. There would be no hindrance to navigation for the Beaufort Inlet Channel (7.6 nm west of the existing reef site). The placement of the sunken ships and bridge rubble within this area would change the water depths from-49'nlw to at -15' nlw but has an expected P-5' of subsidence per the applicant. All portions of the development would remain with the existing previously approved reef site. Name: Heather Styron Date: 1/23/17 Morehead City DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: NCDMF Artificial Estuarine Reef Program (AR-320 reef site) C/O Jason Peters 2. LOCATION OF PROJECT SITE: 8 nautical miles WSW of the Beaufort Inlet buoy off Atlantic Beach and within the Atlantic Ocean Longitude: 76°48'450 W Latitude: 34°39'474 N 3. INVESTIGATION TYPE: D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — December 2016 Google Photography and future site visit with DW Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — 12/21/2016 Application Complete- 1/12/17 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Atlantic Beach dated 2008 Land Classification from LUP — Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: (yes) (D) Intended Use: public/government (E) Wastewater Treatment: Existing —N/A Planned - None (F) Type of Structures: Existing — N/A Planned — sinking of 2 100' tug boats and 4000 tons of concrete bridge rubble (total footprint of 33,088sf) over existing reef (G) Estimated -Annual Rate of Erosion: N/A Source —N/A HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Shallow Bottom Area Disturbed: 169,884 ft2 (E) Primary Nursery Area: No (F) Water Classification: SB Open: Yes 8. PROJECT SUMMARY: The proposed project is located 8 nautical miles WSW of the Beaufort Inlet Buoy off Atlantic Beach and within the Atlantic Ocean. The site currently has an existing artificial reef, and since it has not been improved since 1987 (previously permitted through CAMA major permit # 75-86), the applicant has chosen the site for enhancement. 9. Narrative Description The AR-320 artificial reef project is located 8 nautical miles WSW of the Beaufort Inlet buoy and 7.6 nautical miles west of the nearest navigable channel (the Beaufort Inlet Channel). The site is also known as the "Clifton Moss Reef'. Bodnar, Gri From: Sent: To: Cc: Subject: Attachments: Brownlow, Roy Wednesday, February 01, 2017 12:41 PM Peters, Jason Styron, Heather M.; Huggett, Doug; Bodnar, Gregg; Murphey, Steve; Wright, Garry L; Lopazanski, Mike FW: AR-320 Field Investigation Report Ap plication_Erro r. pdf Jason, Hope this finds you doing well. Field Representative Heather Styron forwarded me an e-mail you sent to her pertaining to an error in the Field Report for the proposed AR 320 enhancements CAMA permit application. I apologize for the error in the field report and I take responsibility for the information I provided to Heather on the buoy marking for the AR 320 proposal. I instructed Heather to put the information about the buoys identifying the AR 320 based on my review of the application. This decision was based on best available information, as well as information that was not provided in the project narrative that accompanied the permit application. It is DCM staff's responsibility to review all information about a site for which a proposed development is about to take place. Hazards to navigation is a critical component of the Division's permit review. Part of my information gathering came from the NOAA nautical Charts (online) which indicated that the site is marked with cylindrical can buoys. Even the NC DMF Artificial Reef website depicts a photograph of a typical offshore AR site with a boat fishing near the AR buoy — admittedly its not the 320 in the photo. Therefore, I relied on historic practice of marking the offshore ARs. I was not aware that the DMF no longer maintains the buoys at this AR site, but thanks for disclosing that important information in your e-mail to Heather. Upon further review of the DMF narrative and DCM Field Report, another point is that the AR 320 is located off the township of Pine Knoll Shores, not Atlantic Beach as described in the DMF project narrative. I will discuss this new information with the Major Permit Coordinator and see what the best way to handle this'matter in the most expedient manner. To prevent possible delays in future permit applications, it is suggested to disclose and describe within the project narrative all information about a proposed site, including the current site conditions and any changes in site conditions or characteristics since previous permit activity. The project narrative submitted by the applicant with the CAMA Permit application is an important component of a complete CAMA permit application. The marking of underwater obstructions, or the absence thereof as in this case, is significant information to disclose in the narrative to the Division as to how a proposed site is to be marked; or the reasons a proposed AR site is not marked. This is critical information the Division should be made aware of in order to make permit decisions, terms and conditions on State permits. Thank you in advance for ensuring that I be copied or notified of any correspondence relating to CAMA permit applications when communicating with the Morehead City District Field Representatives in the future. Roy Brownlow District Manager & Compliance Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office Extension 217 Roy. Brownlow @ ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 ELM,. --'Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Peters, Jason Sent: Friday, January 27, 2017 5:30 PM To: Styron, Heather M. <heather.m.stvron@ncdenr.gov> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Huggett, Doug <doug.huggett@ncdenr.gov>; Murphey, Steve <steve.murphey@ncdenr.gov>; Wright, Garry L<Garry.Wright@ncdenr.gov> Subject: AR-320 Field Investigation Report Hi Heather, I was contacted today by a recipient of the recently distributed field investigation report for AR-320. I'm not sure if it will require amending the report or not, but I'd like to clarify something. Under "Project Description" the last sentence of the 2nd paragraph states "Per the applicant, the four boundary corners are currently marked. Although the materials were not specified, the site is marked with cylindrical can buoys." In fact, this site is not currently marked by any buoys, nor has it been physically marked by a buoy in recent history. At this time, the we do not plan to add buoy markings to this reef site, since the minimum navigational clearance at the site is charted and therefore does not pose any hazard to navigation (Per USCG). If this does require amending, I would hope it does not delay our timeline for the permit review, given the time sensitivity of this project. Thank you and have a great weekend, Jason Jason Peters Artificial Reef Coordinator NC Division of Marine Fisheries NC Department of Environmental Quality 252 808 8063 office 252 269 2740 mobile Jason.peters@ncdenr.gov 3441 Arendell St. Morehead City, NC 28557 --1 ML -'" Nothing Compares 1 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: NCDMF Artificial Estuarine Reef Program (AR-320 reef site) C/O Jason Peters 2. LOCATION OF PROJECT SITE: 8 nautical miles WSW of the Beaufort Inlet buoy off Atlantic Beach and within the Atlantic Ocean Longitude: 76°48'450 W Latitude: 34°39'474 N 3. INVESTIGATION TYPE: D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— December 2016 Google Photography and future site visit with DMF Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — 12/21/2016 Application Complete- 1/12/17 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan —Atlantic Beach dated 2008 Land Classification from LUP — Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: (yes) (D) Intended Use: public/government (E) Wastewater Treatment: Existing —N/A Planned - None (F) Type of Structures: Existing — N/A Planned — sinking of 2 100' tug boats and 4000 tons of concrete bridge rubble (total footprint of 33,088sf) over existing reef (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: (A) Shallow Bottom (D) Total Area Disturbed: 169,884 ft2 (E) Primary Nursery Area: No (F) Water Classification: SB Open: Yes 8. PROJECT SUMMARY: The proposed project is located 8 nautical miles WSW of the Beaufort Inlet Buoy off Atlantic Beach and within the Atlantic Ocean. The site currently has an existing artificial reef, and since it has not been improved since 1987 (previously permitted through CAMA major permit # 75-86), the applicant has chosen the site for enhancement. 9. Narrative Description The AR-320 artificial reef project is located 8 nautical miles WSW of the Beaufort Inlet buoy and 7.6 nautical miles west of the nearest navigable channel (the Beaufort Inlet Channel). The site is also known as the "Clifton Moss Reef'. Field Investigation Report NCDMF AR-320 reef site Page 2 of 2 The project area is 7,065,000 square feet (162 acres) in its entirety and has an average water depth of -49' nlw however, only 169,884ft2 (3.9 acres with a 1500' buffer radius) of the proposed site boundaries would be utilized at this time. The Atlantic Beach Land Use Plan classifies this area as Conservation. This section of the Atlantic Ocean is not designated as Primary Nursery Area, is open to the taking of shellfish and carries a water classification of SB. Substrate within this area is mostly sand and silt. The nearest designated channel is the Beaufort Inlet Channel, which is 7.6 nm west of the project site. 10. Proiect Description: The applicant's current proposal is to enhance the existing AR-320 artificial reef by sinking 2 vessels and 4000 tons of concrete bridge rubble. The project would be conducted in three phases. Phase one would sink the 98' tugboat, the Fort Fisher, with phase two sinking the 104' tugboat, the America. The final phase (three) would consist of sinking 4,000 tons of bridge rubble from the Gallants Channel Bridge. Phase one and two are currently under contract and funded through the Coastal Recreational Fishing License grant program. The applicants have located two grid areas that would demarcate the sunken tugs. The Fort Fisher would be located within reef boundaries and sunk within grid area 195 (34°39'61002/76°48'52482 W). The America would be sunk in grid area 205 (3499'63474 N/76°48'55476 W. Both vessels would be clean, stripped and free of petroleum and other hydrocarbons, toxic residues etc. Each vessel would be sunk using an independent anchoring system complete with one anchor sufficient to anchor them when on the existing reef site. The first vessel is expected to be sunk by mid -March with the second one sunk during mid -April. The phase three portion would be made using concrete bridge rubble from the Gallants Channel Bridge project. There would be approximately 4000 tons placed over a 5-day deployment. The timing of this phase would be dependent on the completion of the new bridge. Per the applicant, the reef area would have a clearance of greater than -15' nlw as well as an expected subsidence of P-5'. Per the applicant, the four boundary corners are currently marked, Although the method and materials were not specified, the site is marked with cylindrical can buoys. 11. Anticipated Impacts: The proposed artificial reef incorporates 169,884 8ft2 of the 3.9-acre project area deep bottom habitat and has the potential to cause temporary turbidity. There would be no hindrance to navigation for the Beaufort Inlet Channel (7.6 nm west of the existing reef site). The placement of the sunken ships and bridge rubble within this area would change the water depths from-49'nlw to at -15' nlw but has an expected F-5' of subsidence per the applicant. All portions of the development would remain with the existing previously approved reef site. Name: Heather Styron Date: 1/23/17 Morehead City 0 1: 'This is a word processing form to be completed in Microsoft Word' NC Division of Coastal Management Major Permit Application Computer Sheet (? 1/01/2012) Applicant: NCDMF Date: 220/13 Project Site County: Carteret Staff.., HMS District: ❑Elizabeth City ❑Washington ®Morehead City El Wilmington Project Name: AR-320 Reef Site Rover File: N/A Date of initial application submittal (EX., 1182007) 12121116 Date application "received as complete"in the Field office (EX. IM12007): 1/12/17 Permit Authorization: ❑CAMA ®Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes ®No Photos Taken: Yes ❑ No® Setback Required (riparian): ❑ Yes ®No Critical Habitat: ❑Yes ®No [-]NotSure 15 foot waiver obtained: ❑Yes ®No Hazard Notification Returned: ❑Yes ®No SAV: ❑Yes ®No ❑Not Sure Shell Bottom: ❑Yes ®No ❑ Not Sure Temporary Impacts: M Yes ❑No Sandbags: ❑ Yes ®No ❑ Not Sun: Did the land use classification come from countyLUP: ❑Yes ®No Mitigation Required (optional): ❑Yes ®No Moratorium Conditions: ❑ Yes ®No ❑NA Environmental Assessment Done: [-]Yes ®No ❑NA SECONDARY WATER CLASSIFICATION— OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgmss (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Blackneedlemsh (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ W(A) Private w/D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comet w/D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ® IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 ❑ III(B) Public or commercial w/D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied- $400 ❑ Major development extension request - ❑ I/. Public orcommeroial/no dredge $100 and/or rill - $400 252-808-2808 :: 1-888-4RCOAST :: wwwmccoastalmanagement. not revised: 02/15/10 s NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: NCDMF Reef site AR 320 Date: 1118117 - Describe below the ACTIVIVES4hathave been applied for. All values should match the dimension order, and units -of --• - - - measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Artificial reef 1 New Work El Replace 202 34 Maint ® ❑ Y ® N New Work® Replace Maint ❑ ❑ Y ® N New Work® Replace Maint ❑ ❑ Y ® N New Work El Replace Maint ❑ ❑ Y ® N New Work® Replace Maint ❑ El Y [IN New Work® Replace Maint ❑ ❑ Y ® N New Work® Replace Maint ❑ ❑ Y ® N New Work® Replace Maint ❑ ❑ Y ® N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace -- - Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y [IN New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace _ Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y [IN New Work El Replace Maint ❑ ❑ Y ❑ N revised 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant NCDMF Reef site AR-380 _. Date:.1/11/1.7.. Describe below the HABITAT disturbances for the application. Alt 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 temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or tamp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Deep bottom Dredge ® Fill ElBoth ElOther El134, 6BB— 9 ' q. 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 ❑ 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 .nccoastalmana4ement.net revised: 02/15/10 Coastal Management ENVIRONMENTAL QUALITY NC Division of Marine Fisheries (Artificial Reef Program) C/o Jason Peters PO Box 769 Morehead City, NC 28557 Dear Sirs: ROY COOPER agvcmor -WILLIAM G. ROSS, JR. Interim Secretary BRAXTON DAVIS Director 1/18/2017 The NC Division of Coastal Management hereby acknowledges receipt of your application for state approval for development at the AR-320 artificial reef site (8 nm WSW of the Beaufort Inlet buoy and within Bogue Sound). The package was received on 12/2J,/16 and accepted as complete on 1/12/17. The projected deadline for making a decision is 3/28/17. 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 1/12/17, 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. SO4erely, Bather M. Styron Coastal Management Representative -5�>^Nothmg Compares State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 252-808-2808 ♦M\1/I♦aMl7n� ♦\M_jMJM1=3M==a1- Styron, Heather M. From: Legals <legals@thenewstimes.com> Sent: Wednesday, January 18, 2017 11:45 AM To: Styron, Heather M. Subject: Re: DMF AR-320 existing reef site This ad is set and scheduled to run on January 22, 2017 in the amount of $ 49.08. Proof: NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources herabygives public notice as required! by NCGS 110A-119(b) bat application for a development permit in an Area of Environmental Concern as designated under Me CAMA was received antl complete on 1/12/17. Acceding to to application. The NC Division of Marine Fisheries applied for the enhancement d be existing ARJ20 artificial reef whin the Atlantic Ocean, located approximately 8.0 nm WSW of be Beaufort Inlet sea buoy, off Atlantic Seatll, Carteret County. A copy of the ante application may be examined or copied at be office of Heather Styron, NC Division of Coastal Management toated at 400 Commerce Avenue, Morehead City, NC, (252) 80828W during normal business hours. Comments mailed to Braldcn Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 2/11117, will be considered in making vie permit decision. Later comments will be accepted and considered up M be time of permit decision. Project modification may occur based on revtwand commend by to public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request J22 On Jan 18, 2017, at 10:55 AM, Styron, Heather M. wrote: Legal Advertisement Section 1/18/17 Re: Public Notice — NC Division of Marine Fisheries, Existing Artificial Reef Site AR-3201 Atlantic Ocean, Atlantic Beach To Whom It May Concern: Please publish the attached Notice in the 1/22/17, issue of the Carteret News Times. The State Office of Budget and Management requires 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 Arthur Stadiem, 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. Sincerely, geoE /tAr'on Heather M. Styron Coastal Management Representative HMS Enclosure NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT - The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated underthe CAMA was received and complete on 1/12/17. According to the application, The INC Division of Marine Fisheries applied for the enhancement of the existing AR-320 artificial reef within the Atlantic Ocean, located approximately 8.0 nm WSW of the Beaufort Inlet sea buoy, off Atlantic Beach, Carteret County. A copy of the entire application may be examined or copied at the office of Heather Styron, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808 2808 during normal business hours. Comments mailed to Braxton Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 2/11/17, 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: 1/22/17 Heather M. Styron Field Representative NC Divison of Coastal Managment INC Department of Environmental Quality 252 808 2808 ext.216 Office heather. m.stvronOncdenr.aov Email 400 Commerce Ave. Morehead City, INC 28557 <image001.png> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Judy Allred Legal Assistant — Carteret County News -Times 4206 Bridges Street I Morehead City, NC 28557 Phone: 252-726-7081 ext. 207 1 Fax: 252-726-2653 Legals(cDTheNewsTimes.com — www.CarolinaCoastOnline.com ROY COOPER Govemor �;a '- WILLIAM G.'ROSS, JR. Interim Secretary Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAVIS Director Legal Advertisement Section 1/18/17 Re: Public Notice — NC Division of Marine Fisheries, Existing Artificial Reef Site AR-320, Atlantic Ocean, Atlantic Beach To Whom It May Concern: Please publish the attached Notice in the 1/22/17, issue of the Carteret News Times. The State Office of Budget and Management requires 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 Arthur Stadiem, 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. Sincerely, Heather M. Styron Coastal Management Representative HMS Enclosure Nothing Compares, - State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 252-808-2808 ROY COOPER Governor Kro.- -W.IL"LI:SMG.ROSS, JR. Interim Secretary Coastal Management ENVIRONMENTAL QUALITY - BRAXTON DAVIS Director NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received and complete on 1/12/17. According to the application, The NC Division of Marine Fisheries applied for the enhancement of the existing AR-320 artificial reef within the Atlantic Ocean, located approximately 8.0 nm WSW of the Beaufort Inlet sea buoy, off Atlantic Beach, Carteret County. A copy of the entire application may be examined or copied at the office of Heather Styron, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808 2808 during normal business hours. Comments mailed to Braxton Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 2/11/17, 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: 1/22/17 Nothing Comparesf � State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 252-808-2808 Clearance 215 ft. ---------- ------------------------- ___ ��.'-U,70 S34 ft. 98.4 ft. Not to scale Grid #195 Clearance >_15 ft. - --------------------------------------------- -- - --------------------- <_34 1 104 ft. *Ship Not to scale Grid #205 r Line ater Line <34 ft. Clearance >_15 ft. ----------------- s 1 1 1 98.4 ft Not to scale Grid #195 -ram'•+ i RECEIVEF JAN 31 2017 DCM- MH1' *Ship Not to scale at f 1 104 ft. Grid #205 Clearance >_15 ft. <_34 ft