Loading...
HomeMy WebLinkAbout34-17 NCDMFPermit Class Permit Number NEW 34-17 STATE OF NORTH CAROLINA - - -rDe artment of Environmental Quality- -> and Coastal Resources Commission VC ftn 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 Issued to NC Division of Marine Fisheries, PO Box 769, Morehead City, NC 28557 Authorizing development in Carteret County at Bogue Sound, 0.41nm south of Spooners Creek, as requested in the permittee's application dated 12/7/16 and attached workplan drawings 5 dated 11/28/16 (Fieure 2). 1/6/17 (Fieures 6.7.and 8) and received DCM-MHD Citv (1/10/17) This permit, 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 ie suoiject to tines, imprisonment or crvu action; or may cause me permit to oe nuu ana vola. Artificial Reef AR-380 1) Unless specifically altered herein, this permit authorizes the creation of a 5-acre site, artificial reef AR-380, including all marking buoys, 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 water§ without permit modification. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2020 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina. Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. !/ Braxton C zDavis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Division of Marine Fisheries Permit No. 34-17 Page 2 of 3 = ADDITIONAL CONDITIONS Reef Structure In accordance with commitments made by the permittee, reef construction within the site shall be accomplished using reef units as depicted in the attached workplan drawings and project narrative. All materials shall be free from loose dirt or pollutants except in trace quantities. The navigational clearances of the individual reef units shall not exceed the clearances depicted in attached Figure 8, dated "Received" 1/6/17. Permitte shall be responsible for relocating or removing any individual reef unit that violates the authorized clearances. 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. 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 p aced beyond _. repair. General In accordance with commitments made by the permittee, the corners of AR-380 site shall be marked with signage as determined by the USCG private aids to navigation. In addition, all necessary notifications to concerned agencies shall be honored, regardless of whether or not such commitments are =addressed by individual conditions of this permit. 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. 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. This permit does not authorize the interference with any existing or proposed Federal project, and the pemuttee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 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. Division of Marine Fisheries Permit No. 34-17 Page 3 of 3 _ . ADDITIONAL - CONDITIONS The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. CE: 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. The N.C. Division of Water Resources has assigned the project DWR Project No. 2017-0088. TE: 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. TE: 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. Marine Fisheries ENVIRONMENTAL OUAUTV PAT McCRORY Governor DONALD R. VAN DER VAART . Secrenvy MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Heather Styron; Ryan Davenport Division of Coastal Management, CAMA Jason Peters (Artificial Reef Coordinator) Division of Marine Fisheries, NCDEQ Amy Comer Flowers (Artificial Reef Biologist) Division of Marine Fisheries, NCDEQ Modified Date: January 6, 2016; Original: December 7, 2016 BRAXTON C. DAVIS Director RECEIVED JAN 0 6 2017 DCM- MHD CITY Permit modification post the January 51 joint CAMA-DMF meeting, to the New Artificial Reef Proposal, Site AR-380, Bogue Sound, NC The North Carolina Division of Marine Fisheries Artificial Reef Program proposes to construct a new artificial reef within Bogue Sound, NC. Construction for this project is funded by Federal Grant AR- 2, titled: North Carolina Artificial Reef Program: Coordination, Assessment, Development, and Maintenance of the NC Artificial Reef System. Please refer to the' sections below for details on the proposed project and Division reef site selection protocol. For every new artificial reef, the Artificial Reef Program follows written guidelines for site selection. These guidelines are prepared in consideration of physical and biological requirements for artificial reefs, reef accessibility, and avoidance of areas involved in commercial trawl operations. In further consideration of bio-physical requirements, the site selection protocol incorporates best management practices based on bottom sediment type, tidal current intensity, sedimentation likelihood, and the avoidance of existing natural resources, such as shell or seagrass. It should also be noted that all materials, siting, and deployment strategies are tailored to minimize impacts to protected resources such as sturgeon and sea turtles. During site investigations, staff use side -scan sonar, bathymetry analysis, backscatter analysis, and a benthic ponar grab to evaluate local conditions and bottom habitat. Data from these site investigations are used to determine the proposed reef boundaries. In October 2016, the NCDMF selected a large area of interest, known here forward as the investigation area, located in Bogue Sound, NC (Figure 1). This investigation area was selected based on its accessibility by recreational anglers, the absence of nearby estuarine artificial reef fishing opportunities, and the low potential for user conflicts. Particularly, the area does not infringe on historically popular commercial fishing or trawling grounds, nor does it conflict with any established riparian access corridors. Further, the area of investigation is not within any defined critical habitat areas for protected species. Within this investigation area, Artificial Reef staff collected data on bathymetry, side -scan imagery, and benthic ponar grabs to verify depth, sediment type, and existing conditions. Concluding the investigation, staff identified a reef site, to be named AR-380, centered at 340 43.110' N, 76° 48.020' W (Figure 1, 2). The delineated 5-acre site (-900 feet by —240 feet) is located State of North Carolina I Emironmental Quality I Marine Fisheries PO Box 769 13441 Arendell Street I Morehead City. NC 28SS7 252 726 7021 T approx. 0.41 nautical miles (nm) southeast of Spooner's Creek, approximately 0.20 nm from the nearest USGC maintained channel, and approximately 0.10 nm from the nearest shoal feature (Figure 1 inset). A conversation with Justin Arnette (USACE) on 10/27/16 determined that the reef site is at least a quarter. mile from the nearest federal navigation project, and will not pose a problem. There is a moderately strong semi -diurnal tidal current that flows to the east and west through this area. Within the established 5-acre boundary, a 25' buffer will be left undeveloped to account for any material micro - movements over time (Figure 2). Inside the AR-380 boundaries, MLLW depth is approximately 6-7 feet (Figure 3) and during MHW the depth is approximately 9-10 feet. The sediment composition within the proposed boundaries primarily consists of sand, with little interspersed shell fragments (Figure 4). Side -scan sonar analysis and results from the ponar grabs revealed no existing shell or SAV resource in the proposed permitted boundary (Figure 5). For reef construction, NCDMF intends to use only biologically suitable materials. The NCDMF applies experiential knowledge and best management practices to avoid propagating reef species which are invasive or detrimental to local estuarine ecosystems. 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). Construction materials for this project will consist of 90 Bay Balls, made by Reef Innovations (Figure 7). A normal Bay Ball has a three-foot diameter, however, to increase stability in the environment, each Bay Ball will be poured with an extended base which will leave each Bay Ball with a four -foot base diameter. Each Bay Ball will be two feet tall, has approximately 14 holes, and weighs approximately 950 lbs. Because this site is not located in critical habitat area for sea turtles or sturgeon, there is no anticipated impact of these Bay Balls on those protected resources. Although interactions are not expected, all Bay Balls will have solid bases. The spatial layout for proposed AR-380 will utilize 90 Bay Balls in six patches of fifteen Bay Balls (Figure 6, 7). Each patch will utilize 15 Bay Balls that are designed as three Bay Balls 12 feet apart in the east west direction, and 5 Bay Balls 12 feet apart to the north south direction (Figure 6, 7). Each patch is approximately 68 feet long by 36 feet wide, with a distance of approx. 40 ft. between each reef patch (Figure 7). With this design, given the MLW depth and reef unit profile, this reef will likely have 4.0 ft. to 5.0 ft. clearance (depths of 6-7 feet at MLW are 2.0 ft. tall; Figure 8) at the beginning, and we would expect approximately 6 inches of subsidence, leading to 3.6 ft. to 4.6 ft. clearance. Within the construction area, we are proposing to use a total of 90 Bay Balls, each Bay Ball with a footprint of 15.99 sq. ft., for a total of 1,439.1 sq. ft. of delineated impacted area. The NCDMF plans to mark the four boundary corners (Figure 2 table) of the proposed reef site with appropriate Artificial Reef signage. NCDMF Coordinates all reef deployments, using either marine contractors or state -maintained vessels and staff. In either instance, NCDMF staff will remain on site during all deployments to ensure enhancements remain within permitted boundaries. Deployments of the proposed 90 Bay Balls should take no more than 2-3 deployment days to complete. At this time, it has not been determined whether NCDMF staff or a marine contractor will deploy materials. Either way, the NCDMF will work to employ the most effective and controlled deployment strategy. To guide deployments, staff will mark locations with visible references above the waterline, that will be checked with mapping grade GPS. RECEIVED JAN 06 2017 State of North Carolina I Emironmental Qualny I Marine Fisheries DIy M- MHD CITY PO Box 769 13441 Arendell Street I Morehead City. NC 28557 2527267021 T r :,m .(last revleed '12I27I061 t„ k f North Carolina DIVISION OF COASTAL, J,, iimaryApphcanfrLanttowrter/nforma.fion Bus less Na ne Project N ni6(if applicablej Ncileg114ortfi,Cerolii 3 bivisloh.Ot Malfr e, sl erjes AR-W Appiicent 1: First Name -a Last Name.. . The'61Visldn pf MarineFfs..heras Applicant2r FiistNartie MI LaatName ItBUdiboriaf applicants,. plsase atlach an'addlflorial pega(sJ, mm hdries Usted:. mailln5. Address - PO Box €:IW - State North Carolina Divlstoh of Ivl 45a Fisheries 769 Morehead City I.NQ ZIP Country -Phone No; FAX No, 28557 USA 252-3Q8.8083 ext, 257, 74-921,8 Sfrt,etAdd'ress(ifriiffewhttromabovgj ''pity Slate 2AP 3441 Arendell $f. Morehead City NC -28557= Einall ' jgpmp' eters@ncdenr,gov 2...-Agent/Gonfrac#orinforrnation - - _ _ _ .. Bushes' Name. - FUA AOAVContractor #i First..Name mi LaaWame AgenlLContractor2: FlrstMaina ml Last Name - 'MalGpg Address- PO Box Clty State ZIP - Pbpha.No,,1 - - ext. Phone.No. 2 - ext. F.AX.No. Contractor # Street -Address Ofdifterent from above) City State .ZIP Email SForm.aontinties.on track 252.808--2000 :: 1-888.4RCOAST www.nconeat8ltneo2gemv"t.ne4 n Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (ran be multiple) - Street Address State Rd. # Carteret N/A N/A Subdivision Name City State Tp N/A NIA . NC N/A - .Phone No. Lot No.(s) (if many, attach additional page with list) N/A - - ext N/A, a.: In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak River Basin Bogus Sound d. Is thewater body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. R)6. -'.®Natural []Manmade❑Unknown Atlantic Ocean e ,,•- e.' 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. N/A 4. Site Description :a. Total length of shoreline on the tract (ft.) b, Size of entire tract (sq.ft.) n/a n/a .c. Size of individual lots) d. Approximate elevation of tract above NHW (normal high water) or ; 5.0 acres = 217,472 sq ft. NWL (normal water level) (if many lot sizes, please attach additional page with a list) -10, ®NHW or ❑NWL e. Vegetation on tract* n1a d7 fie" dye' vsd 6 . '.I.' -Man-made features and uses now on tract - - none g: Identify and describe the existing land uses adiacen to the proposed project site. . The surrounding waters are public trust waters and are used for multiple recreational and commercial purposes (e.g., fishing, transportation). The closest land is morehead city, near Spooners Creek, and is approx. 0.41 nm North of the :proposed reef location. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? NIA (Attach zoning compliance certificate, if applicable) []Yes ❑No ®NA j: Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No ' k•-Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes No ®NA "1f yes, by whom? NIA ',tr Is tha 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> . t 252.808.2808':: 1-088.4RCOAST :: www.nccoasta lmanagement. net ;/%/ I .APPLICATION for Major Devefapmant Permlt dt.: (i) Are.thore.wetlands on thesite? DYes ®No (rtj A a ti ere coaster wetlands an the site? t lYes ONO jliij If yes to either 0 or(JI) above, has a delineation been oonducted? 0Yes ®No (Attach documehtagem, Ifaveflablef n; pesorlbeaxlsbhgwas1ewatertre0h0nifecll0les. NIA. o. be cribs eiiisilt5g drinkingwatersupptysource. N/Z p. DE'scribetOdstingstdrM% arrimnAgOMentortreatmentsystems, N/A . d;[yillthe projact'6$ for commerclol,pubilo,orplyeteu9e7 ❑por*eyoal NIOU411e1GntiEhrten[ oprrlvate/eoafmpity b; Gtve a bri0f descrlpllon ofpurpose, use, and daily operations of the project'when cohtplete. The NGDMF: Artificjal Reef Program is shifting focus to estuadne artificjal reefs that provjde accessibility, to the everyQay kayak, sfandap paddleboarii, or recrea$onatt sTiennen Add tionally, welook fo provide accessible estuarine habitat for recreationally And commercially important fidgh'.sp'eoies, Thr r NlQDMF proposes IQ,deptay50 reef, units in a 5 ade site, named AR-3M The Reef Unit structures will provide:essantialfish habitat ibrjuvenite and adulttlfis stages of mish crustaceans and invertebrates. 11n4ojp0ted.a4tjvttiesat this.leef:stte Mclude.recreatfopai dishing. F Describe the proposed coostmcgon melhodoiogy, types of eonstructloh equipment to do use4 dyt g consliudlon; 4be numtieY of eacltilype of.equipment and Where. it is to ba stoned: Construction will occur at Aft 850 underihis permit- A perimeter hufferto.protect agafnstfuture boundary wolat qns, and.p paYoh developmentsciidma, 50 reefunks will beplaced at Pre-deterntined.lodations, It isTBD whether. A marine contractof or NCDMF staffviiiil conduet.ail dep loyments on sde. Eitherway, 0MF artificial reef persdn0etwlil ba oasite during a[l, deployotents:to rhark locations mogitoeachvitie's, And ensure permit cornpliaTice. All equipmerttwili be transMrted by.. contractor or. DMF stafEto•the sle for deptoymenf on a.barge. d, List alydeyeiopmEntaclNiUesyouugrapese, 1Ne.propose to constfucta Well eshladne artificial reef, irm 54cre area, rfSing5 patches of lamaf units= 501eefurlts, Thsse NCDMF Reef Units tiled ijj!'NCPMF fcIIdWstate Guidelinka apt Spe'Cifications for Accpptable Artificial reef INatertais,20f@ 2nd Ediflon:(Attachment:l).. Please see the narrative for detailed deployment tnio`m afIon. e' Are the proposed ap41wtjes malnteganca of an exietin&oJeot, now work, or botb7 New t. Whet:Isthe approxifiritelotaldlsturbed-lagdarearesultijlgfroihthe:propcsed'pfojectT ao ❑k.Ft orHAves g.'Will the proposed pr¢fectencroach an any pybllosase tent, pubWae'oessway:or'Other area ❑Yes' .®No❑NA thatthapublic. has establith6d use oh h: tletcriber location and type of eidstIng a6d prgo.'sed discharges to waters of the:state: wastewater .orsWrmwaterbedischargad.iatoawetland? ❑Yes ❑No O.ryA ��..If yes, willthis Ascharged water be of the same saliptty as the receiving water? ❑Yes ONO RNA. J; tsthem any mdigatlon proposed7 OYep ®No ❑ffA If yes, attach a mitigation proposal 282.1&08=2608 :t 1.8.88.4RC.0 ASY :r www.no�aasAatmanagum®nt.naft a APPLICATION for Major Development Permit <Form continues on back> 8.,, Additional Information An addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted inorder for the application package to be complete. Items (a) - (g are always applicable to any major development application. Please consult the application iInstruction booklet on how to properly prepare the required Items below. a. 'A project narrative. 'b.Ari 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. Theappropriate application fee. Check or money order made payable. to DENK I. 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 certifled mail. Such landowners must be advised that they have 30 days in 'which tsubmit comments on the proposed project to the Division of Coastal Management Name NIA Phone No. Address -.Name N/A Phone No, + 'Address .- Name NIA Phone No. v Address g. 'tN list'of previous state at federal permits issued for work on the project tract. Include permit numbers, penniHee, and Issuing dates. NIA N/A NIA WA h Signed consultant or agent authorization form, if applicable. i.. Wetland delineation, if necessary. j , A's gned AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed bypropertyowneo 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. rentrlcarion ana Yermissfon to tnter on Land lerstand that any permit issued.in response to this application will allow only the development described in the application. project will be subject to the conditions and restrictions contained In the permit. tify`that I am authorized to grant, and do In fact grant permission to 'representatives of state and federal review agencies to ron the aforementioned lands in connection with evaluating information related to this permit application and follow-up itoring of the project her certify that the information provided in this application is truthful to the best of my knowledge. e 12/7/16 Print Signature Please indicate application attachments pertaining to y r ®DCM MP-2 Excavation and Fill Information ❑DCM MP-3 Upland Development ODCM' MP-4 Structures Information red project. ❑DCM MP-5 Bridges and Culverts 252-800.2808 :, 11-888.4RCOAST :: www.necoastalmanagement.not 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 �ggg- Width Avg. Existing Depth NA NA -6.5' mlw Final Project - - - -- Dept( NA NA 44D mlv 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 wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square, feel affected. ❑CW ❑SAV. ❑SB ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area ' b. Dimensions of disposal area. I c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA III) If no, attach a'letter granting permission from the owner. ie. (i) Does the disposal area include any coastal wetlands/marsh ( (CW) submerged aquatic vegetation (SAV), shell bottom (SIB), r or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of disposal in these areas: d. (i) Will a disposal area be available for futuremainlenanoe? []Yes ❑No ❑NA III) If yes, where? f. (i) Does the disposal. include any area in the water? ❑Yes ❑No ❑NA (h) If yes, how much water area is affected? 252-008.2808 :: 1.888-4RCOAST :: v_,ww.necoastalmananernent.net revised: 12/26/06 I Eartrt OCIM MP-2 (rxcavatlon and Fill, Page 2 or 3) 3. SHORELINE STABILIZATION : -- :.. . (lt development is a wood groln, use MP-4 — Structures) a. Type of shoreline stabilization: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: •6. ,Average distance walerward 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_ .: .Source of fill material. ( [OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) ,(i) Will fill material be brought to the site? SYes []No -- This section not applicable Width: d. Maximum distance waterward of NHW or NWL: f. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes []No ❑NA pi) It yes, state amount of erosion and source of erosion amount information. - h. 'Type of fill material. ,..If yes. ii} Amount o aterial to be placed In the water f e5\ ` t (fli) Dimensions of fill area i permitted area. .average depth =-6 5' MLW ?paten dent_ h -6*-4 rJ material profile =��05'11A,(/✓ (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 opportunities. -5. GENERAL - a. Howwill excavated or fill material be kept on site and erosion controlled? Reef Units are designed to resist movement after deployment. Weight per unit is approx. 3,086lbs. These specific reef units are similar to a reef ball, however rather than round design, these are square. These types of structures, or the more commonly known reef balls, are common to artificial reef construction, have proved to be durable and stable. c. (i). Will navigational aids be required as a result of the project? - - -.' SYes []No ❑NA - - ''.(ii) If -yes, explain what type and how they will be implemented. - NCDMF will mark the four corners of the proposed reef site with appropriate artificial reef signage. [I This section not applicable (i) Will fill material be placed in coastal wetlands/mars submerged aquatic vegetation (SAV), shell bottom other wetlands (WL)? If any boxes are checked, p number of square feet affected. ❑cW _ ❑SAV _ CISS _ ❑WL RNone (f) Describe the purpose of the fill In these areas: N/A or the b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Artificial reef materials are brought to the site on a barge and Wheel Loader or other heavy equipment will release individual units at each specified latitude longitude. The units then sink straight down and settle on the bottom. d. (I) Will wetlands be crossed in transporting equipment to project site? []Yes SNo ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. N/A 252-808-2808 :: 1-888-4111COAST :: www.nccoastaimanagement.net revised: 12/26106 t 8. FOrril YJCM 1l w2 (Excavation,and.Fi11,�Pagel of 3) 12/7/16, i, Date S AR-380 6 Project Name Jason Peters k �y ant Name - pp, Igna ; i 1 I t 6 1 , i i r )F _ AR-380 General Investigation Area 0 900 1,800 3,600 Feet Investigation Area ` Proposed Site Boundaries • stole Date: October 11, 2016 Begin Scan: 9:08 AM End Scan: 11:55 PM Wind Direction: NE Wind Speed: 7-10 Kts Sea State: Light Chop Surface Water Temp: 19.4 C Surface W ater SoHnity: 28.7 ppt Surface DO: 8.20 mg/1 Bottom Water Temp: 19.4 C Figure 1. General investigation area. Investigations were completed on October 11, 2016 in Bogue Sound, near Morehead City, NC. The proposed site boundary (green) is located approx. 0.41 nautical miles southeast of Spooner's Creek, 0.20 nm south of the closest USGS navigation channel, and 0.10 nm from the nearest shoal feature (inset). Figure date: January 6, 2017. RECEIVED State of North Carolina I Envirommental Qyaky I Marine Fisheries PO Box 769 13441 Arendell Street I Morehead City, NC 28557 2527267021 T JAN 06 2017 y LL O m m 4 � o CA m v O O e C 0 O o G Q O Q p G O 00 � Of a n n n n 15ft n n n n 2m5s 4 p Q Z W Z C O l0 �1 1 C 5 RECEIVED JAN 0 6 2017 DCM- MHD CITY v _ m � � � o � m v ® Permit Corner Points Depth (ft) at MLLW Proposed Site Boundaries , �, i Value 14 9A 0 95 190 380 Feet 54 1 1 1 1 1 1 4.4 Figure 3. Bathymetric analysis at MLLW within the proposed AR-380 site boundaries. Bathymetry results yield depths of 6.0-7.0 feet at MLLW, and 8.0-9.0 ft. at MHW (not shown here). Figure date: November 28, 2016. v v � m i m v N O / ^ M Figure 4. A benthic investigation using backscatter analysis and a ponar grab were taken within the proposed AR-380. Backscatter analysis revealed a fairly homogenous bottom habitat with a moderately hard return. The ponar grab revealed the site was made up of sand, with little interspersed shell fragments. Although only one ponar grab sample was taken, we can be fairly confident the habitat within the rest of the site is made up of sand based on the homogenous backscatter analysis. W Figure 5. Side -scan sonar investigation. Analysis revealed no SAV, no living shell resources, no irregularities, or hard bottom within the investigation area. Figure date: November 28, 2016. 07 AR-380 Schematic p1 Reef Units ® Permit Corner Points + L__j Proposed Site Boundaries QConstruction Area 0 87.5 175 350 Feet t i Depth (ft) at MLLW $a _ Value-'a—�'—•- +----_-0—'. 7.5 D D N .8 6.2 a � w > 5.6 - 5.0 ttt w 4.3 s A Figure 6: Location and schematic of the proposed AR-380 reef site (to scale). Note depths at MLLW range from 6.0 to 7.0 feet. Also note the use of 90 Bay Balls spatially designed in 6 rectangle patches made up of 15 Bay Balls each. Finally note this proposal looks to enhance the western portion of the site, while future enhancements will enhance the eastern portion of the proposed site (not included in this proposal). Figure date: January 6, 2017. C� •t "YY �G' f y i, G ff G f G f r G 4 r f� 12k t, Wft • �2 �Gi q l Gfr Cf 11�• 'y # aC y� i Gf G#f rf�f' Gf 1 ill f, r r f f r P r' 1 tr ir,"a� r !• r y+ Usk i'CueJ6m.ler / Figure 7. Reef site schematic for the proposed AR-380 (top). Note the spatial design using a total of 90 bay balls in 6 patches of 15 bay balls. Bay Ball schematic (bottom). Figure date: January 6, 2017. RECEIVED JAN 0 6 2017 Sate of North Carolina I Environmental Quality I Marine F D es IWHD C'r� PO Box 769 13441 Arendell Street I Morehead City, NC 28557 252 726 7021 T 9' MHW 2' 7' MLLW -5' Sh.11-111 A—.1 Si[e Awnp $tte negA Oe pMrt Art.95ih MMaMxo-.ausre Figure 8. Side -view schematic for the proposed reef AR-380. Note that depth that varies on site from 6-7 feet at MLLW, and 8-9 feet at MHW, which leave a corresponding clearance of 4-5 feet. State of North Carolina I Eavirommental Quality I Marine Fisheries PO Box 7691 3441 Arendell Street I Morehead City. NC 211557 252 726 7021 T R Attachment 1. Guidelines and Specifications for Acceptable Artificial Reef Materials (2016, 2"d Edition) LT PAT ERVAARY RORY DONALD R. VAN DER VAART G Mry Marine Fisheries BRAXTON C. DAVIS 0I1.9.NMNTAI. OVAI.Itt mr G" i3Piii Tenn. iiiF713lTi om' . iurlvm= ' I ' t1 y ', ., ._Ilya. •� I.1 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 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 sufficientwater 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 • 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 Estuary - • Size - concrete pipe most be no smaller than 12 inches in inside diameter and not exceed 30 inches in inside diameter. Any concrete structure must '"'Nothing Compares S c4NWh Cuolt EmvavM+rtal Qu ky I Maine rMxrks F0 Bra 76913"1.kerde99 t I M I*Ad CYty, NC 2a57 252 nb 7021 T JqN 0620/7 dCM� h�N State of North Carolina I Environmental Quality I Marine Fisheries O PO Box 769 13441 Arendell Street I Morehead City. NC 28557 C,T� 252 726 7021 T I L� not exceed 8 feet in length, width, or height. Crushed concrete must be: 8" maximum diameter, 6" average diameter; 4" minimum 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 structuresmust 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 beforethese materials may be used as""reefs (EPA BMPs). "Required Specifications: Ocean - • Size -vessels must be no smaller than 100 feet in length unless pairedwitha 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 are not accepted in estuarine waters Natural Materials: Natural materials have been used by most coastalstates 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 Marl (NCDOT Class B Spec.): 12" maximum diameter, 8" average diameter, 5" minimum diameter, 10% maximum oversize, 5% maximum undersize o Granite and Basalt 8"maxlmumdiameter, 6"average diameter, 4" minimum diameter, I0%a maximum. oversize, 5% maximum undersize • Location- Limestone is not acceptable for use In high salinity environments, given high susceptibility to bio-eroding organisms '>-Nothing Compares_,,,. State a(NonM1 rafOiifla I Emlron Walthalhy I MwIw Fishain 1`09d 76913441Ateildellbtec9t I Ntomhtad City. Ne29952 251.n670a T 4id^m d.�w��°60.2 a��.�ee�4� ...� � A °vvn ve •.. v v State of North Carolina I Environmental Quality I Marine Fisheries PO Box 769 13441 Arendeli Street I Morehead City, NC 28557 2527267021 T R Notes on all materials: - 1) All materiels must be cleaned and prepared in accordance with U nited States Corps of Engineers General (Regional) Permits (#GP198500194 or #GP19000291), any applicable NC Division of Coastal Management permits, and conform to site -specific navigational clearance requirements established by the. U nited States Coast Guard and NOAA Office of Coast Survey. 2) Planned arrangements for acquisition, cleaniall, preparation, dockage/staging, towing, and sinking/deployment must be described in proposals. Dockage, towing, and deployment will require proof of at least $1,000,000 marine Ilability Insurance. --"%'Nmhmg Compares—, Stare et Nonh Caollrw lddl m(rtteltg,1r tNCZ=7 PV am 269 1 3441 Arerddlatrttt Morehead Gty. NV 28r57 252 M 7o4 T RECEIVED JA N 0 6 2017 State of North Carolina I Environmental Quality I Marine Fisheies M' 'y1Hp cIZV PO Box 769 13441 Arendell Street I Morehead City, NC 28557 i 252 726 7021 T �00 oxoo os �II DCM Coordinator: ��Nhe Permit #: �`1 `�% 63) MAH NG DISTRIBUTION SHEET Permitee: & by(f- 20 Z;� '0i r(HC Agents DCM Field Offices Elizabeth City Morehead City Washington Wilmington US ACOE Offices: (with revised work plan drawings) Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (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) ff Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARM) Marine Fisheries: Shane Staples Curt Weychert NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton DEMLR/DWR: Karen Higgins 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: Robb Mairs — 401 (Carteret, Onslow, Pender, New Hanover) Chad Coburn — 401 (Brunswick) -� Georgette Scott - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: LPO: Fax Distribution: Maria Dunn (WARM) f Perinittee #: Agent#, U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2016-01896 County: Carteret County U.S.G.S. Quad: Beaufort 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) —5 acres Nearest Waterway Bogue Inlet USGS HUC 03020301 Nearest Town Morehead City River Basin Onslow Bay Coordinates Latitude:34.719722 Longitude:-76.805556 Location description: The oroiect site is located approximately 0.41 nautical miles south of Spooners Creek_ within Bo ue Sound, Morehead City, in Carteret County, NC. Description of projects area and activity: This verification authorizes impacts to waters of the U.S. in association with construction/deployment activities for the creation of artificial reef site 380. Specificallv. the proiect will include 50 reef units in five patches of ten. Each patch will utilize 10 reef units that are arranged in a diamond pattern, with two reef units in the middle of the diamond. Each diamond is approximately 60 feet lone by 50 feet wide, with a distance of approx. 50 ft. between each reef diamond. With this design, given the MLW depth and reef unit profile, this reef will likelv have 2.6 ft. to 3.6 ft. clearance. Within the construction area, a total of 50 reef units will be deployed, each with a footprint of 24.174 sq. ft., for a total of 1208.68 sq. ft. of delineated impacted area. The NCDMF will mark the four boundary corners of the proposed reef site with appropriate Artificial Reef signage. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: GP 194 SEE ATTACHED RGP or ATWP 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 11, 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 I 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 terns 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. SAW-2016-01896 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) 2551-4049 or Sarah.E.HairQusace.armv.mil. Corps Regulatory Official: 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. ® Ajurisdiction 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 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 SAW-2016-01896 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 N/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. 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 hqp://corpsmanu.usace.army.mil/cm anex/f?p=136:4:0. Copy famished: Gregg Bodnar/Heather Styron -NC DCM Robb Mairs- NC DWR Matt Creelman-United States Coast Guard Scott McAloon-United States Coast Guard SAW-2016-01896 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://w,,vw.fws.gov/nc- es/maminaUmanatee_guidelines.pdf36T. Action ED Number: SAW-2016-01896 County: Carteret County Permittee: Mr. Jason Peters/NC DMF Project Name: NC Division of Marine Fisheries/AR 380/Atlantic Beach 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 WILMINGTON 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 tJ lCoastal Management ENVIRONMENTAL OUALRY March 9, 2017 NCDMF P.O. Box 769 Morehead City, N.C. 28557 Dear Sir or Madam: ROY COOPER Governor MICHAEL S. REGAN Secretory 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, Yuglas`�� V.. Hugge Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 8082808 Application Riveiw Checklist Applicant A(C 'fir( ;7 Ag eX=> Entered into Spreadsheet? es Agent � /i Field Rep. 4,d�4— SEyfo�1 Physical Address AECs E Habitat Designations SA Green Cards? N Deed? Development w/ Rule Reference ea.T = saerYS (2 17 #724t7- ) ?;'(( = ,75-4e^ ( 33,or�t 1�) 40 aay �hS 1�tc�uctK kls�o�eai nowsct{i�n de�'i4�i�o,M-ld;S�'C��Gw'�a�roK-�/rSo-S"�FF-t��/LW Raparian rights? ,dA PH or 1/4 width? 4� FTZ Comments s�4�d C ,ek V,46 'O ( 5{Cnciarc� tISC'L� S�� O loes 91, R3 wor4, io rz ,de Tf+r;�(t -t�ylr �tMYn'r(F" � Ao �trnarl ucercbnt�cTS� f �iu�4c Permit Checklist Major Development Excavation/Fill Applicant 9CbAF AZJ?og Address I County Calk Permit# ' i7 Physical Location including �I 1 Waterbody Description D ��� N� soaAtt cp� 5000 wm /� 6gL it, MP Forms Dates P MP2 MP3 MP4 MPS l2 #Total Drawings 4e7 Drawings Dates of Drawings n'^�b { Ifol {7 {r�li7 emu; c DLL .µr `104-7 Development Types Including Conditions and Notes 1, V Si�c�eKS /10V LlY ` ��^� .k 'pT"A � {"�GY7C USYIL'� rlCa't�ounv.� c5 r.•E(�� s e AZ3S.( DWR 401 Certification # USACE SAW # Permit Fee DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: NCDMF-AR-380 reef site County: Carteret LOCATION OF PROJECT:.41 nautical miles south of Spooners Creek, within Bogue Sound. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 1/6/17 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Heather Styron DISTRICT OFFICE: Morehead City DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $475.00 PUBLIC NOTICE REC'D: Yes END OF NOTICE DATE: 1/10/17 ADJ. RIP. PROP NOTICES REC'D: N/A DEED REC'D: N/A APPLICATION ASSIGNED TO: DwAg+ftrggvU4 ✓tce— ON: j 118I j 9 C) 75 DAY DEADLINE: 11 150 - DAY DEADLINE: MAIL OUT DATE: 1/18/17 STATE DUE DATE: FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY FED COMMENTS REC'D: DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management- Regional Representative fill] 1 A L�LCa Coastal Management- LUP Consistency Determination l I "1 l X (ONjaaj�' Division of Community Assistance f DEMLR-land Quality Section l to I x �L Division of Water Resouras-001 z11 tj k 201-1 tO$S DEMLR-Storm Water Management 1 - ll Stec Property Office 112,5In v /�� � f �• ��C.._ Division of Archives & History (Cultural Resources) .�a l� l DMF-Shellfish Sanitation 16 7 1 - m Water Supply a Division ofHighxays 7,516 LJp L� Wlfdllfe Resources Commission (_ Local Permit Office DCM-Fisheries Resource Specialist 2-1 Corpsoffingineen R Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: Gregg Bodnar FROM: HEATHERSTYRON THRU: ROY BROWNLOW IZiS�LKKU7�7 Governor WILLIAM G. ROSS, JR. Interim Secretary BRAXTON DAVIS Director January 11, 2017 SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT- NCDMF AR-380 ARTIFICIAL REEF SITE, .41 NAUTICAL MILES SOUTH OF SPOONERS CREEK IN MOREHEAD CITY The following is my assessment and consequent recommendations of the above referenced proposal: This proposal involves the placement of 90 reef balls approximately .41nautical miles south of Spooners Creek, in Morehead City. The total project area is 217,472 square feet (5 acres) however, only 33,088 ft2 of shallow bottom habitat within Bogue Sound would be utilized. The development conforms to the guidelines set forth under 15A NCAC 07H .0208. The waters of this area of Bogue Sound 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: ' 1. 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 1/6/and 1/10/j.6'. 11 1�( 3. All precautions should betaken to ensure navigation is not hindered and Public Trust Area is not unduly affected. 4. Reef area should be clearly demarcated with vertical markers such as spar buoys, day markers, poles, pilings with reflectors (Coast Guard standards) etc. with enough height clearance above nhw to be visible and to ensure navigation safety for boating traffic. Nothing Compares _ Stwe of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 252-808-2808 M NC DMF Reef Site AR-380 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 Compares_ State of North Carolina I Environmental Quality I Coastal Management 000 Commerce Ave. Morehead City, NC 28557 252-808-2808 CO. --a Coastal Management ENVIRONMENTAL QUALITY January 17, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: IV ROY COOPER Governor F — WILLIAM G. ROSS,-JR.-- — Interim Secretary BRAXTON DAVIS Director Rachel Love-Adrick Division of Coastal Management Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review NCDMF-AR-380 reef site Carteret County, .41 nautical miles south of Spooners Creek and .21 nautical miles south of the AIWW channel within Bogue Sound. Proposed Project: Proposes to construct an artificial reef using 90 bay balls in six patches Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 6, 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. UrArAwfs "kTC+r�. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. Tl ' a cy bjp s to the project for reasons described in the attached comments. SIGNED ( / DATE ( I" UI'1' O 2�0 1 Nothing Compares�� State of North Carolina I Environmental Quality I C=tal Management 400 Commerce Avenue I Morehead City, N.C. 28557 (252)808-2808 R3 ROY COOPER Govenmr 1 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 WILLIAM G. ROSS, JR. har,un Secrelan BRAXTON DAVIS Direct,,, SUBJECT: Major Permit Request by the North Carolina Division of Marine Fisheries. DATE: January 19, 2017 Consistency Determination: The request is consistent with/not in conflict with the Carteret County Land Use Plan certified by the CRC on December 20, 2010. Overview: The applicant is proposing to construct an artificial reef. The project site is located at 76°48.020'W, 34°43.110'N in Bogue Sound, .41 nm south of Spooners Creek and .21 nm south of the AIWW channel, in Carteret County, North Carolina. The project area is 217,472 ft2 (5 acre), however the applicant is proposing to deploy 90 bay ball reef units in 33,088 ft2 (176' x 188') of the northwest quadrant of the area. The 90 reef balls will be deployed in 6 (six) patches of 15 (fifteen). The reef units are made of concrete, and are 2' H x 3' W, with a base of 4'. Water depths in the area is -6'5" NLW, the reef area would have a clearance of -4' to -5' NLW. The applicant has stated that the reef site will be marked on each corner with appropriate signage. The project is located in Bogue Sound and is classified as SA (Market Shellfishing, Salt Water) and HQW (High Quality Waters), is not a Primary Nursery Area (PNA), and is open to shelifishing. No Submerged Aquatic Vegetation (SAV) or shellfish beds were observed within the project area. Substrate consists of mostly of sand. A review archaeological and cultural resources was not provided. There is a USACOE federal channel within the project vicinity (applicant states .21 nm north of the project), however this area is historically used by boating traffic due to the significant water depths (-6.5' NLW). Anticipated impacts resulting from this project are expected to include: the incorporation of 33,088 ft2 of shallow bottom habitat in the 5-acre project area. The deployment of material will result localized increase turbidity. There would be no hindrance to navigation forthe AIWW. The reef would change the water depths in the area from -6.5 NLW to -4' to -5' NLW depending on the location. The area is a traditional navigation route, although it is not marked. Placing a structure in this location with a 1.5 mile (8,0000') open fetch that is subject to a steady southwest wind and currents (March to October) could cause longshore sediment to accumulate resulting in shoaling. Nothing Compares Slate of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue 1 Morehead City, NC 28557 252-808-28081252-247-3330(fm) North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 2 of 2 Basis for Determination: The project site is located in Carteret County and is subject to the 2005 Carteret County Land Use Plan Update. The Future Land Use Map (FLUM) designates the site as Conservation due to the sites location in Estuarine Waters and Public Trust AECs (Areas of Environmental Concern). Land uses allowed in Areas of Environmental Concern are those consistent with the State's minimum use standards and state and federal regulations. The following LUP policies may be applicable to this request: 2.0 Land Use Compatibility 2.4.1, pg. 71: "Carteret County will only allow development in estuarine and public trust waters that are associated with water -dependent uses, consistent with state and federal standards, and meet all local polices contained in this plan." Nothing Compares. State of North Carolina I Euviroamenlal Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2908 1252-247-3330 (fax) 0 C ROY COOPER p Coastal Management ENVIRONMENTAL OVALITY January 17, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Governor WILLIAM G. ROSS, JR.-• -- Interim Secretary BRAXTON DAVIS Director v sn aAN 19 2017 tati Qtjali. SF°c atio/78l Shannon Jenkins Shellfish Sanitation Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review NCDMF-AR-380 reef site Carteret County, .41 nautical miles south of Spooners Creek and .21 nautical miles south of the AIWW channel within Bogue Sound. Proposes to construct an artificial reef using 90 bay balls in six patches Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 6, 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(//Jj• � UV � DATE I/)3/1-7 pl=�1VED fU� �Sl�Ianrum �enK i nS JAN 2 4 2017 �` Nothing Compares State ofNorlh Carolina I Environmental Qualhy l Coastal Management D C M_ M H D CITY 400Commerce Avenue I Morehead City, N.C, 28557 (252)808-2808 4a --- ..... ..... ....._..... ....... .... .... .. Coastal Management ENVIRONMENTAL QUALITY January 17, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: RECEIVED ROY COOPER Governor JA.Pl.2.3.2017 -- — - 4. . ___.. : .. . ._.-.., WIL-LIA•M G. ROSS,-JK-....:... DCWFlshorles ' ... . inter ._. .WARO.-.. :..'_:..... .. ..... ..Un Secretary. BRAXTON DAVIS Director ;Shane. Staplesor Gregg Bodnar Division of Coastal Management Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review NCDMF-AR-380 reef site Carteret County; .41 nautical miles south of Spooners Creek and .21 nautical miles south of the AIW W channel within Bogue Sound. Proposes to construct an artificial reef using 90 bay balls in six patches Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 6, 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. y 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 l�71/% Nothing Compare§ State allorth Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, N.C. 28557 n<IN ana.7an t Coastal Management ENVIRONMENTAL QUALITY January 17, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ip ROY COOPER Governor WILLIAM G. ROSS, JR. Interim Secretary BRAXTON DAVIS Director Lee Padrick Division of Community Assistance Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review NCDMF-AR-380 reef site Carteret County, .41 nautical miles south of Spooners Creek and .21 nautical miles south of the AIWW channel within Bogue Sound. Proposes to construct an artificial reef using 90 bay balls in six patches Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 6, 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/ Phis 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. SIGNED4 � DATE / ` '27RF-- C E IV E D JAN 3 0 2017 Nothing Compares State ofNmrh Carolina I Environmental Quality I Coastal Management D C M - M FI D CITY 400 Commerce Avenue I Morehead City, N.C. 28557 (252)808-2808 M Coastal Management ENVIRONMENTAL QUALITY January 17, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: JAN 2 0 2017 E0A STATE F. ,OPERTY OFFICE Tim Walton State Property Office Doug Huggett Major Permits Processing Coordinator ROY COOPER Governor WILLIAM G. ROSS,JR,'. --. - Interim Secretary BRAXTON DAVIS Director CAMA/DREDGE & FILL Permit Application Review NCDMF-AR-380 reef site Carteret County, .41 nautical miles south of Spooners Creek and .21 nautical miles south of the AIWW channel within Bogue Sound. Proposed Project: Proposes to construct an artificial reef using 90 bay balls in six patches Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 6, 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. _ lens agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. SIGNED This agency objects to the project for reasons described in the attached comments. DATE \ — J '� —1 )mpares�- RECEIVED FEB 01 2017 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, N.C. 28557 D C M - M H D CITY (252)808-2808 R NCO. Coastal Management ENVIRONMENTAL OUALITY January 17, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: ROY COOPER Govamw WILLIAM G. ROSS, JR.-- RECEIVED Interim Secretary BRAXTON DAVIS FEB 0 2 2017 Dftaor DCM- MHD CITY Diane Williams Public Water Supply Doug Huggett Major Permits Processing Coordinator I Li@@0dJg JAN 19 2017 PP,�mtsion of Water Resour wlRO-PubfcWate uPp CAMA/DREDGE & FILL Permit Application Review NCDMF-AR-380 reef site Carteret County, .41 nautical miles south of Spooners Creek and .21 nautical miles south of the AIWW channel within Bogue Sound. Proposed Project: Proposes to construct an artificial reef using 90 bay balls in six patches Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 6, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) $08-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY:y 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 / o/7 -->^Noth1ng Compares State ofNoA Carolina I Eovironmentei Quality I Coastal Meawment 400 Commerce Avenue I Morehead City, N.C. 28557 (252)808-2808 L t,u Coastal Management ENVIRONMENTAL QUALITY January 17, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: RECEIVED FEB 0 2 2017 DCM- MHD CITY Dan Sams Division of Energy, Mineral & Land Resources Doug Huggett Major Permits Processing Coordinator ROY COOPER Governor WILLIAM G. ROSS, iR, Interim Secretary BRAXTON DAVIS Director JAN 19 2017 CAMA/DREDGE & FILL Permit Application Review NCDMF-AR-380 reef site Carteret County, .41 nautical miles south of Spooners Creek and .21 nautical miles south of the AIW W channel within Bogue Sound. Proposes to construct an artificial reef using 90 bay balls in six patches Please indicate below your agency's position or viewpoint on the proposed project and returnthis form by February 6, 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 jam-/ —�- DATE Nothing Compares�- State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, N.C. 28557 (252)808-2808 Coastal Management ENVIRONMENTAL OUALITV January 17, 2017 MEMORANDUM: TO: 1 FR M: e SUBJECT: Applicant: Project Location: Proposed Project: ECEIVE 1AN 19 209 ROY COOPER Govemor WILLIAM G. ROSS,-J-R. _.. - Imerun secretary BRAXTON DAVIS Director Georgette Scott RECEIVED Division of Energy, Mineral, & Land Resources Doug Huggett FEB 0 2 2017 Major Permits Processing Coordinator DCM- MHD CITY CAMA/DREDGE & FILL Permit Application Review NCDMF-AR-380 reef site Carteret County, .41 nautical miles south of Spooners Creek and .21 nautical miles south of the AIWW channel within Bogue Sound. Proposes to construct an artificial reef using 90 bay balls in six patches Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 6, 2017. If you have any questions regarding the proposed proj ect, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: his 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 1 �2y�/�77 Nothing Compares�- state of North Carolina I Envitomnental Quality I Coastal Management 400 Commerce Avenue I Morehead City, N.C. 28557 (252)808-2808 jO 2 3 ZT3 Coastal wsTcRIC January 17, 2017 MEMORANDUM: TO: Renee Gledhill -Early NC Department of Cultural Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NCDMF-AR-380 reef site ROY COOPER WILLIAM G. ROSS, JR. juror&Ce -,y BRAXTON DAVIS jAm'lnr I 's aJ'I­1{ "t. Project Location: Carteret County, .41 nautical miles south of Spooners Creek and .21 nautical miles south of the AIW W channel within Bogue Sound. Proposed Project: Proposes to construct an artificial reef using 90 bay balls in six patches Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 6, 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 ram'* DATE rl �Nothtng Compares, State ofNwth CaoliM '. Gn"Mmental quNity Coasml Mm gemem ��� p�� J00 Catm>ciu Avenue Morehead Cary, N.C. 28557 2 (252)$088,2808 ' DIVISION OF COASTAL MANAGEMENT - - - FIELD INVESTIGATION REPORT - - _- APPLICANT'S NAME: NCDMF Artificial Estuarine Reef Program (AR-380 reef site) C/O Jason Peters 2. LOCATION OF PROJECT SITE:.41 nautical miles south of Spooners Creek, within Bogue Sound Longitude:76°48'020 W Latitude: 34°43'110N 3. INVESTIGATION TYPE: D/F INVESTIGATIVE PROCEDURE: Dates of Site Visit— December 2016 Google Photography and future site visit with DMF Was Applicant Present — No PROCESSING PROCEDURE: Application Received—12/8/2016 Application Complete- 1/6/17 (due to design change and - new drawings) Office — Morehead City SITE DESCRIPTION: (A) Local Land Use Plan — Morehead City dated 2007 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 — 90 Bay Balls with 12' spacing (total footprint of 33,088sf) (G) Estimated Annual Rate of Erosion: N/A Source — N/A DREDGED FILLED OTHER (A) Shallow Bottom (D) Total Area Disturbed: 33,088 ftz (E) Primary Nursery Area: No (F) Water Classification: SA, HQW Open: Yes 8. PROJECT SUMMARY: The proposed project is located .41 nautical miles south of Spooners Creek in Morehead City. Per the applicant, the site was chosen based on its accessibility by recreational anglers, the absence of nearby estuarine artificial reef fishing opportunities, and the low potential for user conflicts. In particular, the area does not infringe on historically popular commercial fishing or trawling grounds or any established riparian access corridors, however it would be located in a historically used boating area but the new design would not cause navigation issues (4' nlw to 5' nlw clearance of water depth above the reef balls). It is also not within any defined critical habitat areas for y _ 1 Field Investigation Report NCDMF AR-380 reef site Page 2.of 3. protected species. 9. Narrative Description The AR-380 artificial reef project is located .41 nautical miles south of Spooners Creek and .21 nautical miles south of the AIWW channel and within Bogue Sound. The project area is 217,472 square feet (5 acres) in its entirety and has an average water depth of -6'.5" nlw however, only 33,088ft2 (176' x 188') of the Northwest quadrant of the proposed site boundaries would be utilized at this time. The Morehead City Land Use Plan classifies this area as Conservation. This section of the Bogue Sound is not designated as Primary Nursery Area, is open to the taking of shellfish and carries a water classification of SA/HQW. Substrate within this area is mostly sand. No SAV's or shellfish beds were observed within the proposal project area. There is a USACOE federal within the project vicinity (app..21 rim north of the project), however, this area is historically used by boating traffic due to the significant water depths (-6.5'nlw). There is a shoal to the north of the proposed project site which separates it from the AIWW. The northern perimeter of the site boundary is approximately 250' from the proposed reef site. 10. Proiect Description: The applicant's current proposal is to construct an artificial reef using 90 bay balls in six patches. The spatial layout will utilize a total of 90 bay balls in six patches of fifteen. Per the applicant's drawings, figure 6 and figure 7, each patch would be designed to place three bay balls 12' apart in an east west direction and 5 bay balls in a north/south direction. Each ball would be spaced 12' apart and would incorporate a total area of 36' wide by 68' long. Each of the sets would also be placed a width of 40' apart. Per the applicant the reef area would have a clearance of -4' to -5' nlw of clearance as well as an expected subsidence of 6 inches. The bay balls are 3' in diameter, however, to increase stability each one would be poured to have an extended base of 4'. They are a maximum of 2' in height. All four boundary corners would be marked per DMF, however the method and materials were not specified. 11. Anticipated Impacts: The proposed artificial reefs incorporate 33,088ft2of the 5-acre project area shallow bottom habitat and has the potential to cause temporary turbidity. There would be no hindrance to navigation for the AIW W (.21 nm south of this existing USACOE channel). The placement of the artificial reef within this area would change the water depths from-6.5'nlw to -4' nlw to -5' nlw depending on location but has an expected 6 inches of subsidence per the applicant. This area has a traditional navigation route although it is not a marked route. Runabout boats typically run parallel with the shoal which parallels the AIWW. Placing a structure in this location with a 1.5 mile (8,000 `) open fetch that is subject to steady southwest wind and currents (from March to October) could cause longshore sediment to accumulate resulting in shoaling. Name: Heather Styron Date: 1/17/17 Morehead City 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 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.mil> 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 Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg.Bodnar@ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 E a t Coasta(Management ENVIRONMENTAL QUALITY January 17, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER -- WILLIAM G. ROSS, JR;- . Interhn Secrelary BRAXTON DAVIS Director Maria Dunn NC Wildlife Resources Commission Doug Huggett Major Permits Processing Coordinator CAMAIDREDGE & FILL Permit Application Review NCDMF-AR-380 reef site Carteret County, .41 nautical miles south of Spooners Creek and .21 nautical miles south of the AIWW channel within Bogue Sound. Proposes to construct an artificial reef using 90 bay balls in six patches Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 6, 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 i JD 7a19 -5'-'^Nothtng Compares State ofNonh Carolina I EnvmmmentalQuahty I Coastal Management 400 Comaerce Avenue I Morehead C4, N.C. 28557 (252)208-2808 A ROY COOPER WIL Am G. Ross, IRd:•* ..... .... .. ........ .... .. .. ... .. InterlmSetretary_.. Coastal Management EWIRONNENTALOUALM BRAXTON DAVIS Dh-ector RECEIVEDJNCDENR/DWR January 17; 2017 JAN 19.2017 MEMORANDUM: Water Quality Regional TO: Robb Mairs Operations Section Wilmington Regional Office Division of Water Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMAIDREDGE & FILL Permit Application Review Applicant: NCDMF-AR-380 reef site Project Location: Carteret County, .41 nautical miles south of Spooners Creek and .21 nautical miles south of the AIW W channel within Bogue Sound. Proposed Project: ' Proposes to construct an artificial -reef using 90 bay balls in six patches Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 6, 2017. Ifyou have any questions regarding the proposed proj ect, 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. qo� This agency has no comment on the proposed project. � This agency approves of the project.only if the recommended `changes are incorporated. See attached. T�"ency objects to the project for reasons described in the attached comments. SIGNED DATE _ O2 I �i I O 1 Nothing Comparqs State ofNocth Cuolme I &nvhoamea d Quality 1 Coastal Manapm=t 400Commeme Avenue I Mareheed City,N.C. 28557 (252) 808.2908 Water Resources Environmental Quality February 27, 2017 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director DWR Project # 20170088 Carteret County NC Division of Marine Fisheries Attn: Jason Peters P.O. Box 769 3441 Arendell Street Morehead City, NC 28557 ' �,,+? k4}l-y�k)�{i" CF�ti'_�5'3A L� r3 FS1 JI i?.. Subject Property: Artificial Reef 380, Bogue Sound, 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 7, 2016, and received. by the Division of Water Resources (Division) on January 19, 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 of 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 impacts: Amount Approved nits Plan Location or Reference Open Waters Approximately 0.75 acres (Reef balls material Figures 1 through 8, project narrative and attachment I cross section Coastal wetlands N/A 404/401 wetlands N/A Buffers N/A --�>"Nothtng Compares.-,.. . state of North Carolina I Environmeatal Quality 127 Cardinal Drive Extension Wihnington, North Carolina 29405 910-796-7215 ' NCDMF-AR-380- Carteret County DWR Permit f 20170088 February 27, 2017 .7Pago2of3. 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 applicantIpermitee 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 requirementsof 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. 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 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. P NCDMF-AR380- Carteret County DWR Permit 9 20170088 February 27, 2017 Pago3of3 Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00. am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US. Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEX etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: 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(a),ncdenr.gov. Sincerely Jim Gr oval Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: GC3900 ec: Liz Hair - USACE Wilmington Regulatory Field Office DWR 401 & Buffer Permitting Branch file Gregg Bodnar - DCM Morehead City WiRO .1% 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 9&217 of the. United :States and subject to the Korth Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 02H ..0500 and 16A NCAC 02B .0200 for the discharge of fill material to waters and wetland .areas as described in General Permits 198000291, 198000048, 198700056, 1.97800080, 197800125, and 1913200277, Nationwide Permits 3, 12, 13, 14, 18, 27, 29. 33, 35, 39, and 43, and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 02B4O200. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 927500 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 i. Boat Ramps and associated access (i.e. roads and parking lots) that involve the i excavation or filling of less than 500 square feet total 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 i shoreline protection -measures or do not extend waterward of the normal high water - _ _....__ .. ._._.......Iir or-hormalwater.. level. more .than_10,.feet.provided,-that.theactivity.will.not..__ -- _..... ...._..._. .... I; , involve.theexcavation or filling of any SAV or significant shellfish resources as identified by the Division of Marine Fisheries and impacts less than 500 square feet total of wetland, with the exception that the excavation or filling of coastal wetlands. may not exceed 100 square feet; s 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 028.0225(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 dlmensiona of the dredged channel, and no Submerged Aquatic Vegetation or shellfish beds Ore excavated or filled; I 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 NPD58 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 feel of the non -coastal excavation orfilling may take place within a Coastal Shoreline Area of Environmental Concern. (AEC). Forthe 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 Welland 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 Buffer Authorization Certificate is issued through N.C. Division of Coastal Management (DCM) delegation for "ALLOWABLE" 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 fieydrid the?ootpririfofffie Tmpabts'depicfetl in the Pre-Constructi(Yl:Notifidatiorl; as " authorized in the written 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 be in full compliance with all specifications governing the proper desigh,.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 2 r - - - 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. a) If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-1, WS-II, High Quality (HOW), or Outstanding Resource (ORW) waters, then the sedimentation and erosion control designs must comply with the requirements set forth in 15A NCAC 040 .0124, Design Standards in Sensitive Watersheds. a 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 yourproject is_4overe� by this permit, full, compliance, With permit conditions Including the erosion & sedimentation control:plan, inspections end maintenance, self -monitoring, reecord keeping and reporting requirements is required. A copy of the general,permit.(NCG010000), inspection log sheets, and other information may be found at .htto://portal.ncdenr.omtweb/wo/ws/sulnodessw#tatrw , The North Carolina Department of Transportation (NCDOT) shall be required to be. in full compliance with the conditions related to construction activities within themost recent version of their individual NPDES (NCS000250) stormwater permit. 5. Construction Moratoriums and Coordination If activities must occurdu.ring 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 wrilteri approval. by the resource agency responsible for the given moratorium. Water Quality Certification No. 3900 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 Malntenance.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 not), 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 .0605, 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 state.. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life( fish kills: 10. Compensatory Mitigation In accordance with 15A NCAC 021-1.0506 (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, and/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 4 A __. -_.Water Quality CertificatioryNo. .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 life movementl 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 emair 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 roadways, causeways, or othet fillprojects are coristructetl'across FEMA=dpSig'rt9ted 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 result in 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. Ali 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 pipesf 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 5. r Water Quality. Certification No. 3900 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 rip -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. Rip -rap shall notbe 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 orwetlands. 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 appropriate. A sample deed notification can be downloaded from the division's web site at hflp://portal.ncdehrorg/wed/wci/swo/ws1401/certsandperr6itslapply/forms. 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. 16. 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. Inthe twenty (20}`coastatcounties; the :appropriate DWQ Regional Offce"musfbe contacted 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 --: Water -Quality. Certification- No:--39OQ - - - -- 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 DENR 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 j 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 Number3641 and 3642 issued March 19, 2007; WQC.Numbers 3371 and 3400 issued March 18, 2002; WQC Number3274 issued June 1, 2000, WQC Number3112 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 ROY COOPER Gowmor WILLIAM G. ROSS JR - - Interim Secretary Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAVIS Director 1 I - m Y. E D January 17, 2017 FEB 1 2017 MEMORANDUM: TO: Ben Hughes NEW BERN NC DOT, State Construction/Materials Branch DISTRICT OFFICE FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NCDMF-AR-380 reef site Project Location: Carteret County, .41 nautical miles south of Spooners Creek and .21 nautical miles south of the AIWW channel within Bogue Sound. Proposed Project: Proposes to construct an artificial reef using 90 bay balls in six patches Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 6, 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. JThis 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 4-29-irl R E C E W ED MAY 0 4 2011 nothing Compares Lt fy �/ State of North Carolina I Environmental Quality I Coastal Management D C M- 4 ^ `r I H D C' i ,V j 400 Commerce Avenue I Moorhead City, N.C. 28557 (252)808-2808 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. SW8170126 Bogue Sound Artificial Reef AR380 Carteret County Dear Mr. Peters: PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretory TRACY DAVIS Director On January 19, 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 January 20, 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 is 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. Sincerely, For Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/gds: I11StormwateAPennits & Projects12017 \170126 Exemption12017 04 permit 170126 cc: Carteret County Building Inspections Heather Styron/DCM Morehead City Wilmington Regional Office Stormwater File R `C E i ` J MAY 01 2017 State or North Carolina I Environmental Quality I Energy, Mineral and Land Resources 127 Cardinal Drive Extension I Wilmington, NC 28405 910 796 7215 T 1 9103502004 F I ImPI/oortal.nodenrordweb/lr/ 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 Governor WILLIAM G. ROSS, JR. Interim Secretary BRAXTON DAVIS Director 1/11/2017 The NC Division of Coastal Management hereby acknowledges receipt of your application for state approval for development at the AR-380 artificial reef site (.2nm south of Spooners Creek and within Bogue Sound). The complete package was originally accepted as complete and received on 1/6/17. The projected deadline for making a decision is 3/22/17. 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 1/6/17, 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. Si rely Bather M. 3iyron Coastal Management Representative , Nothing Compares� State ofNorth Carolina I Environmental Quality 1601 Mal Service Center I Raleigh, North Carolina V699-1601 919.707-8600 Alm ►1/I♦ m ai- Ar t_ 1� 'This is a word processing form to be completed in Microsoft Word"' NC Division of Coastal Management Major -Permit Application Computer Sheet (11101%2012)--- - -- - - Applicant: NCDMF Date: 220/13 Project Site County: Carteret Staff., HMS District: ❑Elizabeth City ❑Washington ®Morehead City ❑Wilmington Project Name: AR-380 Reef Site Rover File: N/A Date of initial application submittal (EX., 11812007) 1218116 Date application "received as complete"in the Field office (EX., 1/82007): 1218116 originally however design changes so new complete date is 116117. 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 ❑Not Sure 15 foot waiver obtained: []Yes ®No Hazard Notification Returned: ❑Yes ®No SAV:❑Yes ®No ❑Not Sure Shell Bottom: ❑Yes ®No ❑Not Sure Temporary Impacts: ®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 (HQM ❑ 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) Blackneedlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ M(A) Private w/D&F up to 1 acre; 3490 ❑ W(D) Priv. public or comm 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 ® IVAny development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 ❑ 111(B) Public or commercial w/D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ IL Public or commercial/no dredge $100 ` and/or fill - $400 252-808.2808 :: 1-888.4RCOAST :: www.necoastaimanagement.net revised: 02/15/10 r NeDivision of Coastal Mgt. Application Computer Sheet, rage 2 of 3) Applicant: NCDMF Reef site AR 380 IT Date: 1/11/17 - - Describe below the-ACTWIRESdhathave-been applied for. All values should match the dimension order; and -units of --- - measurement found in yourActivities code sheet. -- - TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Artificial reef 90 New Work El Replace 188 176 Maint N ❑ Y N N New Work® Replace Maint ❑ ❑ Y N N New Work® Replace Maint❑ ❑Y El New Work N Replace Maint ❑ ❑ Y N N New Work Replace Maint ❑ N Y ❑ N New Work N Replace Maint ❑ ❑ Y N N New Work N Replace Maint ❑ ❑ Y N N \ New Work Replace Maint ❑ ❑ Y N 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 El Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y [IN 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 [-I ❑Y❑N New Work❑ Replace Maint ❑ ❑ Y ❑ N revised 02115M0 [e' -- MC'Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: NCDMF Reef site AR-380 Date:. 1/1 VIZ.—. Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or tomp, 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 temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Shallow bottom Dredge ® Fill ❑ Both ❑ Other ❑ 33,088 33,088 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 :: 1.8884RCOAST :: w .nccoastalmanagement.net revised: 02/15110 Styron, Heather M. From: Legals <legals@thenewstimes.com> Sent: Tuesday, December 20, 2016 8:58 AM To: Styron, Heather M. Subject: Re: NCDMF Reef Site This ad is set and scheduled to run on December 21, 2016 in the amount of $ 44.99. Proof: NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Nature) Resources hereby gives public notice as required by NCOS 118A-119(b) that application for a development pemtil in an Area of Environmental Concern as designated under the CAMA was received on 12/8/18. According to be application, The NC Division of Marine Fisheries applied for the construction of an artiicial reel (AR380) within Bague Sound,.2 nautical miles sai of Spooners Creek, Morehead City, Carteret County. A copy of the entire application may be a lammed or copied at the office of Heather Styroq NC Division of Coastal Management, located at ADD Commerce Avenue, Morehead City, NC, (252) 8082808 during normal business hours. Comments mailed M Bra#on Davis, Director, Division of Coastal Management 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 1/10'17, mil be considered in making Me permit decision. Later comments will be accepted and considered up to be time of permit decision. Project modification may occur need on review and comment by be public and state and federal agencies. Notice of be permit decision in this matter will ba provided upon widen request D21 On Dec 19, 2016, at 12:49 PM, Styron, Heather M. wrote: Legal Advertisement Section 12/19/16 Re: Public Notice — NC Division of Marine Fisheries, Artificial Reef site AR-380, Bogue Sound, Morehead City To Whom It May Concern: Please publish the attached Notice in the 12/21/16, 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 meat our Morehead City office. Sincerely, fEedE{ler/LSbgrop Heather M. Styron Coastal Management Representative HMS Enclosure if 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 on 12/8/16. According to the application, The NC Division of Marine Fisheries applied for the construction of an artificial reef (AR-380) within Bogue Sound, .2 nautical miles south of Spooners Creek, Morehead City, 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 1/10/17, 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: 12/21/16 Heather M. Styron Field Representative NC Divison of Coastal Managment NC Department of Environmental Quality 252 808 2808 ext.216 Office heather. m.styron (o)ncdenr. gov Email 400 Commerce Ave. Morehead City, NC 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 I Fax: 252-726-2653 Lenals(aDTheNewsTimes.com - www.CarolinaCoastOnline.com PAT MCCRORY Govemor F.J Environmental Quality Legal Advertisement Section DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director 12/19/16 Re: Public Notice — NC Division of Marine Fisheries, Artificial Reef site AR-380, Bogue Sound, Morehead City To Whom It May Concern: Please publish the attached Notice in the 12/21/16, 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, {EeaEiterlt S4mp Heather M. Styron Coastal Management Representative HMS Enclosure �Nothing Compares . State arNorth Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carali=27699-16U7 919-707-8600 FW 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 on 12/8/16. According to the application, The NC Division of Marine Fisheries applied for the construction of an artificial reef (AR-380) within Bogue Sound, .2 nautical miles south of Spooners Creek, Morehead City, 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 1/10/17, 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: 12/21/16 8' MHW 8.5' MHW 9' MHW ----------------------------------------------------------------------------------------- ECEWED 2, 22�. JAN 10 2017 DC - MHD CIS -6' MLLW 6.5' MLLW 7' MLLW Clearance -4 Shallowest Area at Site Bay Balls Not Drawn to Scale -4.5' Average Site Depth 2' 211 -5' Deepest Area at Site PAT McCRORY Governor DONALD R. VAN DER VAART Secretary Marine Fisheries ENVIRONMENTAL QUALITY Ill u 1 :..�11 jkj.l TO: Heather Styron; Ryan Davenport Division of Coastal Management, CAMA THROUGH: Jason Peters (Artificial Reef Coordinator) Division of Marine Fisheries, NCDEQ FROM: Amy Comer Flowers (Artificial Reef BiolFog Division of Marine Fisheries, NCDEQ DATE: December 7, 2016 SUBJECT: New Artificial Reef Proposal, SittkAR-380, Soun NC� BRAXTON C. DAVIS Director The North Carolina Division of Marine Fisherie Artecial Reef Program proposes to construct a new artificial reef within Bogue Sound, NC. Constructio o this project is funded by Federal Grant AR- 2, titled: North Carolina Artificial Reef Program: Coordinate Assessment, Development, and Maintenance of the NC Artificial Reef System. Please refer to a sections below for details on the proposed project and Division reef site selection protocol. For every new artificial reef, the Artificial Reef Program f ows written guidelines for site selection. These guidelines are prepared in consideration of physical and biological requirements for artificial reefs, reef accessibility, and avoidance of areas involved in commercial trawl operations. In further consideration of bio-physical requirements, the site selection protocol incorporates best management practices based on bottom sediment type, tidal current intensity, sedimentation likelihood, and the avoidance of existing natural resources, such as shell or seagrass. It should also be noted that all materials, siting, and deployment strategies are tailored to minimize impacts to protected resources such as sturgeon and sea turtles. During site investigations, staff use side -scan sonar, bathymetry analysis, backscatter analysis, and a benthic ponar grab to evaluate local conditions and bottom habitat. Data from these site investigations are used to determine the proposed reef boundaries. In October 2016, the NCDMF selected a large area of interest, known here forward as the investigation area, located in Bogue Sound, NC (Figure 1). This investigation area was selected based on its accessibility by recreational anglers, the absence of nearby estuarine artificial reef fishing opportunities, and the low potential for user conflicts. Particularly, the area does not infringe on historically popular commercial fishing or trawling grounds, nor does it conflict with any established riparian access corridors. Further, the area of investigation is not within any defined critical habitat areas for protected species. Within this investigation area, Artificial Reef staff collected data on bathymetry, side -scan imagery, and benthic ponar grabs to verify depth, sediment type, and existing conditions. Concluding the investigation, staff identified a reef site, to be named AR-3801 centered at 340 43.110' N, 760 48.020' W (Figure 1, 2). The delineated 5-acre site (-900 feet by ^240 feet) is located approx. 0.41 nautical miles (nm) southeast of Spooner's Creek, and approximately 0.20 nm from the State of North Carolina I Environmental Quality I Marine Fisher Its PO Box 769 1 3441 Arendell Street I Morehead City, NC 28557 252 726 7021 T nearest USGC maintained channel (Figure 1 inset). A conversation with Justin Annette (USACE) on 10/27/16 determined that the reef site is at least a quarter mile from the nearest federal navigation project, and will not pose a problem. There is a moderately strong semi -diurnal tidal current that flows to the east and west through this area. Within the established 5-acre boundary, a 25' buffer will be left undeveloped to account for any material micro -movements over time (Figure 2). Inside the AR-380 boundaries, MLLW depth is approximately 6-7 feet (Figure 3) and during MHW the depth is approximately 9-10 feet. The sediment composition within the proposed boundaries primarily consists of sand, with little interspersed shell fragments (Figure 4). Side -scan sonar analysis and results from the ponar grabs revealed no existing shell or SAV resource in the proposed permitted boundary (Figure 5). For reef construction, NCDMF intends to use only biologically suitable materials. The NCDMF applies experiential knowledge and best management practices to avoid propagating reef species which are invasive or detrimental to local estuarine ecosystems. 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). Construction materials for this project will consist of NCDMF-designed reef units with a height of 40 inches and an open base of 59 inches (Figure 7). Because the site is not located in critical habitat area for sea turtles or sturgeon, there is no anticipated impact of these reef units on those protected resources. The spatial layout for proposed AR-380 will utilize 50 reef units in five patches of ten (Figure 6, 7). Each patch will utilize 10 reef units that are arranged in a diamond pattern, with two reef units in the middle of the diamond (Figure 6, 7). Each diamond is approximately 60 feet long by 50 feet wide, with a distance of approx. 50 ft. between each reef diamond (Figure 7). With this design, given the MLW depth and reef unit profile, this reef will likely have 2.6 ft. to 3.6 ft. clearance (depths of 6-7 feet at MLW; units are 3.3 ft. tall). Within the construction area, we are proposing to use a total of 50 reef units, each with a footprint of 24.174 sq. ft., for a total of 1208.68 sq. ft. of delineated impacted area. The NCDMF plans to mark the four boundary corners (Figure 2 table) of the proposed reef site with appropriate Artificial Reef signage. NCDMF Coordinates all reef deployments, using either marine contractors or state -maintained vessels and staff. In either instance, NCDMF staff will remain on site during all deployments to ensure enhancements remain within permitted boundaries. Deployments of the proposed 50 reef units should take no more than 1-2 deployment days to complete. At this time, it has not been determined whether NCDMF staff or a marine contractor will deploy materials. Either way, the NCDMF will work to employ the most effective and controlled deployment strategy. To guide deployments, staff will mark locations with visible references above the waterline, that will be checked with mapping grade GPS. State of North Carolina I Environmental Quality I Marine Fisheries PO Box 7691344I Arendell Street I Morehead City, NC 28557 2527267021 T Dom MP-1 APPLICATION for' Major Development Permit (last revised 12127M6) 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-380 Applicant 1: First Name Ml Last Name . The Division of Marine Fisheres Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State North Carolina Division of Marine Fisheries 769 Morehead City NC ZIP Country i Phone No. FAX No. 28557 USA 262-808-8063 ext. 252-726.9218 Street Address (if different from above) City State ZIP 3441 Arendell St. Morehead City NC 28567- Email jason.peters@ncdenr.gov 2. Agent/ContractorInformation Business Name - N/A 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 - - eM. Phone No. 2 ext. FAX No. Contractor t/ Sheet Address (ifdifferent from above) City State ZIP Email <Form continues on back> 25Z.808.2508 tt 1.04n•411COAST :: vawvr.ncconstnlmana0onlont.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address Stale Rd. # Carteret NIA NIA Subdivision Name City State Zip N/A N/A . NC N/A - Phone No. Lot No.(s) (if many, attach additional page with list) N/A - - exi. N/A, I , a. In which NC -river basin is the project located? b. Name of body of water nearest to proposed project White Oak River Basin Bogue Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed []Yes ®No work falls within. N/A 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) n/a n/a c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 5.0 acres = 217.472 sq ft. NWL (normal water level) (If many lot sizes, please attach additional page with a I/st) -10, ONHW or ❑NWL e. Vegetation on tract n/a I. Man-made features and uses now on tract none g. Identify and describe the existing land uses adiacen to the proposed project site. The surrounding waters are public trust waters and are used for multiple recreational and commercial purposes (e.g., fishing, transportation). The closest land is morehead city, near Spooners Creek, and is approx. 0.41 nm North of the proposed reef location. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? N/A (Attach zoning compliance certificate, if 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. ❑Yes ❑No ®NA If yes, by whom? NIA I. Is the proposed project located in a National Registered Historic District or does a involve a ❑Yes ®No QNA National Register listed or eligible property? <Form continues on next page> 252.806-2808 :: t-888.4RCOAST :: www.nccoastalmanagemen t. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ❑Yes RNo (it) Are there coastal wetlands on the site?, ❑Yes ®No (Ili) If yes to either (1) or (it) above, has a delineation been conducted? ❑Yes RNo (Attach documentation, If available) n. Describe existing wastewater treatment facilities. NIA o. Describe existing drinking water supply source. N/A p. Describe existing storm water management or treatment systems. NIA 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The NCDMF Artificial Reef Program is shifting focus to estuarine artificial reefs that provide accessibility to the everyday kayak, stand-up paddleboard, or recreational fishermen. Additionally, we look to provide accessible estuarine habitat for recreationally and commercially important finfish species. The'NCDMF proposes to deploy 50 reef units in a 5-acre site, named AR-380. The Reef Unit structures will provide essential fish habitat for juvenile and adult life stages of finfish, crustaceans and invertebrates. Anticipated activities at this reef site include recreational fishing. 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-380 under this permit. A perimeter buffer to protect against future boundary violations, and a patch development scheme, 50 reef units will be placed at pre -determined, locations. It is TBD whether a marine contractor or NCDMF staff will conduct all deployments on site. Either way, DMF artificial reef personnel will be on site during all deployments to mark locations, monitor activities, and ensure permit compliance. All equipment will be transported by contractor or DMIF staff to the site for deployment on a barge. d. List all development activities you propose. We propose to construct a small estuarine artificial reef, in a 5-acre area, using 5 patches of 10 reef units= 50 reef units. These NCDMF Reef Units used by NCDMF follow state Guidelines and Specifications for Acceptable Artificial Reef Materials, 2016 2nd Edition (Attachment 1). Please see the narrative for detailed deployment information. e. Are the proposed activities maintenance of an existing project, new work, or both? New I. What is the approximate total disturbed land area resulting from the proposed project? 5.0 ❑Sq.FI or ®Acres g. Will the proposed project encroach on any public easement, public accesswayor other area []Yes RNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. NIA I. Will wastewater or stormwater be discharged into a wetland? []Yes []No RNA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No RNA J. Is there any mitigation proposed? ❑Yes RNo ❑NA If yes, attach a mitigation proposal. 252.808.2808 .. 1.888-4RCOAST :: www.nccoostalmanagomont. not Form DCM MP-1 (Page 4 of 4) APPLICATION for <Form continues on back> Major Development Permit 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) — (f) are Ways applicable to any major development application. Please consult the application instruction booklet on how to properly 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. I. 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 WA Phone No. Address Name NIA Phone No. Address Name NIA Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. NIA NIA NIA NIA h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. , j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.G. 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 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 that the information provided in this application is truthful to the best of my knowledge. Date 12/7116 Print Signature Please indicate application attachments pertaining to y ur p o(Co�6d project. ZIDCM MP-2 Excavation and Fill Information v ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information 252.800.2808 :. 1-888.4RCOAST .. wviw. nccoastaiman agement. 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 Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length 890, Width 250' Avg. Existing NA NA -6.5' mlw Depth Final Project NA NA -3.16' mlw Depth 1. EXCAVATION IDThis 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. (i) Does the area to be excavated Include coastal wetlands/marsh d. High -ground excavation in cubic yards. (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 excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. C. (1) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes []No ❑NA ❑Yes ❑No ❑NA (it) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area Include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑yes ❑No ❑NA or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. (it) If yes, how much water area is affected? ❑CW ❑SAV ❑SB ❑WL ❑None (it) Describe the purpose of disposal In these areas: 252-1100-2808 :: 1.888.4RCOASY :: _w%vw.nccoastalmanagement.net revised: 12126/06 FOrrdf 0CM MP-2 (excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION- ID This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Tvoe of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: ^ Width: _ c. Average distancewalerward of NHW or NWL: d. Maximum distance watonvard 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 1. Source of fill material - (1) Has there been shoreline erosion during preceding 12 months? ❑Yes []No ❑NA (ii) If yes, slate amount of erosion and source of erosion amount information. Jr. Type of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilizalion) a. (i) Will fill material be brought to the site? NYes ❑No ❑NA b. If yes, (11) Amount of material to be placed in the water 50 Reef Units 4.92x4.92' (iii) Dimensions of fill area 50 Reef Units within 590'x250' Permitted area. average depth = -6.5' MLW project depth = -6.5' MLW material Profile = 3.3' (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 opportunities. 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Reef Units are designed to resist movement after deployment. Weight per unit Is approx. 3,086lbs. These speck reef units are similar to a reef ball, however rather than round design, these are square. These types of structures, or the more commonly known reef balls, are common to artificial reef construction, have proved to be durable and stable. (I) Will fill material be placed in coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑m ❑SAV _ ❑SB ❑WL NNone (ii) Describe the purpose of the fill in these areas: N/A b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Artificial reef materials are brought to the site on a barge and Wheel Loader or other heavy equipment will release individual units at each specked latitude longitude. The units then sink straight down and settle on the bottom. C. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project NYes ❑No ❑NA site? []Yes NNo ❑NA (ii) If yes, explain what type and how they will be implemented.(ii) If yes, explain steps that will be taken to avoid or minimize NCOMF will mark the four comers of the proposed reef site with environmental impacts. appropriate artificial reef signage. N/A 252.808.2808 :: 1-888.4RCOAS'r :: www.nccoastalmanagement.net revised: 12.126/06 FOrai K1CM MP-2 (Excavation and Fill, Page 3 04 3) 12/7116 Dale AR-380 Project Name Jason Peters Ay 'ant Name ppl' igna 252-808.2808:: 1-888.4RCOAST::w .nccoastaimananement.net revised: 12/26/06 AR-380 General Investigation Area 0 900 1.800 3,600 Feel I I I I I I O Investigation Area O Proposed Site Boundaries Date: October 11, 2016 Begin Scan: 9:08 AM End Scan: 11:55 PM Wind Direction: NE Wind Speed: 7-10 Kt; Sea State: Light Chop Surface Water Temp: 19.4 C SurfaceWater Sarinity: 28.7 ppt Surface DO: 8.20 mg/1 Bottom Water Temp: 19.4 C Figure 1. General investigation area. Investigations were completed on October 11, 2016 in Bogue Sound, near Morehead City, NC. The proposed site boundary (green) is located approx. 0.41 nautical miles southeast of Spooner's Creek and 0.20 nm south of the closest USGS navigation channel (inset). Figure date: November 28, 2016. State of North Carolina I Environmental Quality I Marine Flsherles PO Box 7691 3441 Arendell Street I Morehead City, NC 28557 252 726 7021 T PAT McCRORY Governor AR-380 Proposed Site ocx�o��oo�o�o CA 0 170 340 SW FW I I I N Corner Latitude (Decimal Longitude latitude Longitude (Decimal (DD MM.mmm) (DD MM.mmm) ) • N W 34.71WI-76.$0183 34' 43.129' -76' 48.110' SW 34.71815 -76.80181 34.43.089' -76' 48.309' NE 34.71887 -76.79836 34'43.132'-76'47.932' SE 34.71818 -76.79US 34. 43.091'-76'47.931' low Investigation Area ♦ Permit Comer Points O Proposed AR Boundaries O 25 ft. Construction Buffer Figure 2. Location and coordinates for the proposed AR-380, including the 25 ft. buffer of no reef construction. Figure date: November 28, 2016. N Q Permit Caner Points Depth (ft) at MLLW Proposed Site Boundaries Value n 8< 0 95 190 300 Feet 5.4 L 4.4 Figure 3. Bathymetric analysis at MLLW within the proposed AR-380 site boundaries. Bathymetry results yield depths of 6-7 feet at MLLW, and 8-9 ft. at MHW (not shown here). Figure date: November 28, 2016. AR-380 Backscatter Analysis On 0- -a�._ we _ room" iiii— Grab N 0 Permit Corner Points -Benthic rof 3m aS Ponar Grab 54 41 OD / mm Softer Return 7647.rs a ■M Harder return ! 0 95 19D 39D FeW i I I I I Figure 4. A benthic investigation using backscatter analysis and a ponar grab were taken within the proposed AR-380. Backscatter analysis revealed a fairly homogenous bottom habitat with a moderately hard return. The ponar grab revealed the site was made up of sand, with little interspersed shell fragments. Although only one ponar grab sample was taken, we can be fairly confident the habitat within the rest of the site is made up of sand based on the homogenous backscatter analysis. 0 0 Y6 190 380 Feel Q Permit Comer Points OProposed Site Boundaries Figure S. Side -scan sonar investigation. Analysis revealed no SAV, no living shell resources, no irregularities, or hard bottom within the investigation area. Figure date: November 28, 2016. AR-380 Schematic N Reef Units Depth (ft) at MLLW Permit Corner Points Value 6.t QConstruction Area T5 QProposed Site Boundaries 6.6 6.2 5.6 0 so 760 320 Feet 5.0 1 4.3 Figure 6: Location and schematic of the proposed AR-380 reef site (to scale). Note depths at MLLW range from 6 to 7 feet. Also note the use of 50 NCDMF "Reef Units" spatially designed in 5 diamond patterns made of 10 reef units each. Finally note this proposal looks to enhance the western portion of the site, while future enhancements will enhance the eastern portion of the proposed site with material (not included in this proposal). Figure date: October 24, 2016. AR-380 Site Schematic 60ft A*-Vft g Adm� �&M g 50 ft pg , 50 ft / Z 10 ft m M M M/0 ft 60 ft g A� g� I� 50ft �(R � Reel unit is aaama 6 X'thickan sides pm0le Vlew 4•thick at too 20' Top•Dawn%ne 99' ZM36' 4d' O 69' OO O O O O O sr 4'I 69' Figure 7. Reef site schematic for the proposed AR-380 (top). Note the diamond shaped spatial design using a total of 50 NCDMF reef units. Reef unit schematic (bottom). Note the 40" height and 59" width of each reef unit. Figure date: October 24, 2016. Attachment 1. Guidelines and Specifications for Acceptable Artificial Reef Materials (2016, 2n1 Edition) McCRO PAT RVAAT owY DONALD R. VAN DER ER VAAR Knld N C Marine Fisheries BRAXTON C. DAVIS UHvlaok.1.1AI..A LITv if,e Norm t-arouna wivision or marine risnenes Guidelines and SDecifications for Acceptable Artificial Reef Materials 20162^^ 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 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. 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 • 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 Estuary - • Size -concrete pipe must be no smaller than 12 inches in inside diameter and not exceed 30 inches in inside diameter. Any concrete structure must -I - 'Nothing Compares SMIe W NMtI CamlMa I Emkonnr Qalay i Ma,1m FkMks to i69 I U41 AreMA 5l IWort aal Clly. NC ZIMT 252T24Ml T State of North Carolina I Endronmental Qwfity I Marine Fisheries on Rn 7] 0I AAAi sro 4d 1cr.m, I u..mkead ri.., Nr 7R557 not exceed 8 feet In length, width or height. Crushed concrete must be: 8" maximum diameter, 6" average diameter, 4" minimum diameter, 10% maximum oversize, 5% maximum undersize • Composition - units most 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 he 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, must be shortened In height to comply with permits. This may involve expensive removal of vessel superstructure • Cleaning and preparation - vesselsaresubjecttoUSCoastGuardand/or EPA inspection to satisfy BMPs, including removals of wood, fioatables, 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 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 - o limestone Marl (NCDOT Class B Spec.): 12"maximum diameter, 8" average diameter, 5" minimum diameter, 10% maximum oversize, 5% maximum undersize o Granite and Basalt: 8" 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 9MedM her•IMe I E�WQWay MaIrc FNMkf roImMII 1AMIddS I Morehead CBy. NC I8W Mnb ea T State of North Carolina I Environmental Quality I Marine Fisheries vrl R-76Q I I A A I A —Aril et—f I \.I—k—Ar4, Mr 7R«7 Notes on all materials: 1) All materiels must be cleaned and prepared In accordance with United Stares Corps of Engineers General (Regional) Pe mks (#GP198500194 or #GP19000291), any applicable NC Division of Coastal Management permits, and conform to site -specific navigational clearance requirements established by the United States Coast Guard and NOM Office of Coast Survey. 2) Planned arrangements for ecquIsitlon,cleaning,prepamtlon,dockage/rtaging, towing, and sinking/deployment must be described In proposals. Dockage,towing. and deployment win require proof of at least$1,000,000 marine liability Insurance. !'Nothing Compares sreleatNathl-aroata I Emtrorm Qsahy I Marlrcfl%htrk% Manfie I awlM street I Morthad Clty.NC2955r 2s TM ma y State of North Carolina I Environmental Quality I Marine Fisherlles on R—uo I inM A—drlc t I K,—ha,A rn, Mr 9acc7 Marine Fisheries ENVIO MENTAL MAUTY PAT McCRORY Gaernor DONALD R. VAN DER VAART sa�lnry MEMORANDUM TO: Heather Styron; Ryan Davenport Division of Coastal Management, CAMA THROUGH: Jason Peters (Artificial Reef Coordinator) Division of Marine Fisheries, NCDEQ FROM: DATE: SUBJECT: Amy Comer Flowers (Artificial Reef Biologist) Division of Marine Fisheries, NCDEQ Modified Date: January 6, 2016; Original: December 7, Permit modification post the January 51joint CAMA-DMF Reef Proposal, Site AR-380, Bogue Sound, NC BRAXTON C, DAVIS Dltv&x RECEIVED JAN 10 2017 DCM- MHD CITY to the New The North Carolina Division of Marine Fisheries Artificial Reef Pro am roposes to construct a new artificial reef within Bogue Sound, NC. ConstruP is pro is funded by Federal Grant AR- 2, titled: North Carolina Artificial Reef Program: C000 , sessme Development, and Maintenance of the NC Artificial Reef System. Pleasthe ctions elow for details on the proposed project and Division reef site selection prFor every new artificial reef, the ArtificialRr folio s written guidelines for site selection. These guidelines are prepared in consldef ph nd biological requirements for artificial reefs, reef accessibility, and avoidance of aolved in commercial trawl operations. In further consideration of bio-physical requirements, selection protocol incorporates best management practices based on bottom sediment dal current intensity, sedimentation likelihood, and the avoidance of existing natural res, such as shell or seagrass. It should also be noted that all materials, siting, and deployment strategies are tailored to minimize impacts to protected resources such as sturgeon and sea turtles. During site investigations, staff use side -scan sonar, bathymetry analysis, backscatter analysis, and a benthic ponar grab to evaluate local conditions and bottom habitat. Data from these site investigations are used to determine the proposed reef boundaries. In October 2016, the NCDMF selected a large area of interest, known here forward as the investigation area, located in Bogue Sound, NC (Figure 1). This investigation area was selected based on its accessibility by recreational anglers, the absence of nearby estuarine artificial reef fishing opportunities, and the low potential for user conflicts. Particularly, the area does not infringe on historically popular commercial fishing or trawling grounds, nor does it conflict with any established riparian access corridors. Further, the area of investigation is not within any defined critical habitat areas for protected species. Within this investigation area, Artificial Reef staff collected data on bathymetry, side -scan imagery, and benthic ponar grabs to verify depth, sediment type, and existing conditions. Concluding the investigation, staff identified a reef site, to be named AR-380, centered at 34' 43.110' N, 76° 48.020' W (Figure 1, 2). The delineated 5-acre site (-900 feet by -240 feet) is located State of North Carolina I EmIronme,tal Quality I Marine Flshenes PO Box 76913441 Arendd Street I Morehead City. NC 28557 2527267021 T approx. 0.41 nautical miles (nm) southeast of Spooner's Creek, approximately 0.20 nm from the nearest USGC maintained channel, and approximately 0.10 nm from the nearest shoal feature (Figure 1 inset). A conversation with Justin Annette (USAGE) on 10/27/16 determined that the reef site.isat leasta quarter - -mile from the nearestfederal navigation project, and will not pose a problem.- Theie is a moderately strong semi -diurnal tidal current that flows to the east and west through this area. Within the established 5-acre boundary, a 25' buffer will be left undeveloped to account for any material micro - movements overtime (Figure 2). Inside the AR-380 boundaries, MLLW depth is approximately 6-7 feet (Figure 3) and during MHW the depth is approximately 9-10 feet. The sediment composition within the proposed bound�es. primarily consists of sand, with little interspersed shell fragments (Figure 4). Side -scan sonar analysis and results from the ponar grabs revealed no existing shell or SAV resource in the proposed permitted CQ boundary (Figure 5). N 10 ZQ/� For reef construction, NCDMF intends to use only biologically suitable materials. T F applies experiential knowledge and best management practices to avoid propagating reef specie i# H O are invasive or detrimental to local estuarine ecosystems. Reef construction materials used by NCDMF are described in detail within the Guidelines and Specifications for Acceptable Artificial Reef Materials, 20162nd Edition (Attachment 1). Construction materials for this project will consist of 90 Bay Balls, made by Reef Innovations (Figure 7). A normal Bay Ball has a three-foot diameter, however, to increase stability in the environment, each Bay Ball will be poured with an extended base which will leave each Bay Ball with a four -foot base diameter. Each Bay Ball will be two feet tall, has approximately 14 holes, and weighs approximately 950 lbs. Because this site is not located in critical habitat area for sea turtles or sturgeon, there is no anticipated impact of these Bay Balls on those protected resources. Although interactions are not expected, all Bay Balls will have solid bases. The spatial layout for proposed AR-380 will utilize 90 Bay Balls in six patches of fifteen Bay Balls (Figure 6, 7). Each patch will utilize 15 Bay Balls that are designed as three Bay Balls 12 feet apart in the east west direction, and 6 Bay Balls 12 feet apart to the north south direction (Figure 6, 7). Each patch is approximately 68 feet long by 36 feet wide, with a distance of approx. 40 ft. between each reef patch (Figure 7). With this design, given the MLW depth and reef unit profile, this reef will likely have 4.0 ft. to 5.0 ft. clearance (depths of 6-7 feet at MLW are 2.0 ft. tall) at the beginning, and we would expect approximately 6 inches of subsidence, leading to 3.6 ft. to 4.6 ft. clearance. Within the construction area, we are proposing to use a total of 90 Bay Balls, each Bay Ball with a footprint of 15.99 sq. ft., for a total of 1,439.1 sq. ft. of delineated impacted area. The NCDMF plans to mark the four boundary corners (Figure 2 table) of the proposed reef site with appropriate Artificial Reef signage. NCDMF Coordinates all reef deployments, using either marine contractors or state -maintained vessels and staff. In either instance, NCDMF staff will remain on site during all deployments to ensure enhancements remain within permitted boundaries. Deployments of the proposed 90 Bay Balls should take no more than 2-3 deployment days to complete. At this time, it has not been determined whether NCDMF staff or a marine contractor will deploy materials. Either way, the NCDMF will work to employ the most effective and controlled deployment strategy. To guide deployments, staff will mark locations with visible references above the waterline, that will be checked with mapping grade GPS. Sate of North Carolina I Environmental Q,aSty I Marine Fisheries PO Box 76913441 Arendell Street I Morehead CBy,NC 28557 2527267021 T AR-380 General Investigation Area /V�eo 201? CITY Investigation AreaL—j Proposed Site Boundaries Date: October 11, 2016 Begih Scan: 9:08 AM End Scan: 11:55 PM Wind Direction.: NE Wind Speed: 7-10 Kts Sea State:. Light Chop Surface Water Temp: 19.4 C SurfaceWater Salinity: 28.7 ppt Surface DO: 8.20 mg/I Bottom Water Temp: 19.4 C Figure 1. General investigation area. Investigations were completed on October 11, 2016 in Bogue Sound, near Morehead City, NC. The proposed site boundary (green) is located approx. 0.41 nautical miles southeast of Spooner's Creek, 0.20 rim south of the closest USGS navigation channel, and 0.10 nm from the nearest shoal feature (inset). Figure date: January 6, 2017. State of North Carolina I Errvimnmental Quality I Marine Fisheries PO Box 769 13441 Arendell Street I Morehead Ctty.NC 28557 2527267021 T Site 0 0 Corner Latitude (Decimal Degrees) Longitude (Decimal Degrees) Latitude (DD MM.mmm) Longitude (Do MM.mmm) NW 34.71881 -76.80183 34° 43.120' -76' 48.110' sW 34.72815 -76.80181 34° 43.089' -76' 48.109' NE .34.71887 -7639886 34° 43.132' -76' 47.932' SE 34.71818 -76.79885 34° 43.091' -76° 47.931' PAT MCCRORY G� -V" 0 170 340 I I • Investigation Area ® Permit Comer Points r'-1 Proposed AR Boundaries 2 Figure 2. Location and coordinates for the proposed, AR-380, including the 25 ft. buffer of no reef Figure date: November 28, 2016. 680 Feel J ctiQt ti n � 0 o � y m � o N Permit Comer Points Depth (ft) at MLLW Proposed Site Boundaries Value 7,4 a4 0 95 190 380 Feet -5.4 l 1 L 1 I I i 1 l! Figure 3. Bathymetric analysis at MLLW within the proposed AR-380 site boundaries. Bathymetry results yield MLLW, and 8.0-9.0 ft. at MHW (not shown here). Figure date: November 28, 2016. depW of f.0-7.0j&t at z 0 `-' v � nm o AR-380 Backscatter Analysis Figure 4. A benth a fairly homogenc shell fragments. , based on the homogenous backscatter analysis. J i Permit Comer Points Proposed Site Boundaries v 0 22 Figure 5. Side -scan sonar investigation. Analysis revealed no SAV, no living shell resources, no irregularities, or hard bottom withid he n investigation area. Figure date: November 28, 2016. z 0 ti o v y X M 0 m AR-380 Schematic N Reef units Depth (ft) at MLLW ® Permit Corner Points Value B:f ® Proposed Site Boundaries 7.5 Q41Construction Area e P '"--r;; u 5.6 = 0 87.5 175 250 Feet SA 4.3 Figure 6: Location and schematic of the proposed AR-380 reef site (to scale). Note depths at MLLW range from l'J -feet. so note the use of 90 Bay Balls spatially designed in 6 rectangle patches made up of 15 Bay Balls each. Finally note this proposal looks to �ance th��v Is rn portion of the site, while future enhancements will enhance the eastern portion of the proposed site (not included in this proposal). Figure datlX'n at 6`2M 7. sea @as ®R a a Bee & ft. Be 8 0 ON S 8 40 it S 0 8711�4 12 aft. SaR 12 � 8 . S G 4' use diameter Figure 7. Reef site schematic for the proposed AR-380 (top). Note the spatial design using a total of 90 bay balls in 6 patches of 15.bay balls. Bay Ball schematic (extended base not pictured here) (bottom). Figure date: January 6, 2017. State of North Carolina I Environmental Qtiality I Marine Fisheries POBm769 I 344IArendellStreat I MoreheadCity.NC28557 2527267021 T - Attachment 1, Guidetines and Specifications for Acceptable Artificial Reef Materials (2016, 2nd Edition) PAT McCRORY Grorxrrwr DONALD R. VAN DER VAART fc. �.r Marine Fisheries BRAXTON C. DAVIS ENV�etlt•fieTg OVAInf MIP[RX North Carolina Division. of Marine Fisheries Guidelines and Specifications for Acceptable Artificial Reef Materials (2016.2^dEdition) 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 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. Concrete; Any hard strong building material made by mbdng a cementing material (commonly Portland cement) and a mineral aggregate with sufficient water to cause material to set and hind. 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 1n 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. 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 Estuary - • Size -concrete pipe must be no smaller than 12 inches in Inside diameter and not exceed 30 inches in inside diameter. Any concrete structure must --"- Nothing Compares..-, St OfNn NC W 1 Eaftn 010A ty I MiNne Fi POB %9 I1V41ARn4t50-ett I MaNxa aC NC26651 292 r16y00 T 0 � LU U o N Q_ LU V Z g U 0 State of North Carolina I Environmental Quality I Marine Fisheries PO Box 769 1 3441 Arendell Street I Morehead City. NC 28557 2527267021 T - not exceed 8 feet in length, width, or height. Crushed concrete must he: 8" - " - maximum diameter, 6" average diameter, 4" minimum diameter, 10% maidtnum oversize, 5%maximum'undersize • Composition -u itsmustbenomorethan2R,degradedormissing.-Ali ,concrete must be fully cured before deployment • Design - pre -designed Structures mustmeet approval of Artificial Reef Staff for function, compatibility, dural inty, and stability' .Vessels:. Vessels are a commonly used artificial reef material. These may be cotdposed of ferro-cementor steel, though steelvessels are most common and preferred. Thorough preparation and cleaning isrequired hefore:these materials may be used as reefs (EPA BMBs), Required Specifications: Ocean - • Size- vessels must be no smaller than'100 feet in length unless p'airedwith a - second 100 foot or greater vessel Cleararice - vessels are subject.toiclearance requiremenis and in many cases, must be shortened in height to complywith.pennits. This. may involve expensive. removalofvessel superstructure • Cleaning andpreparation-vessels are subject to U� Coast Guard and/or EPA. inspectionto satisfy BMPs, Includingremovals of woad, floatables, loose. materials, and deleterious substances. • Stability- all air must he allowed to escape during slnldng • 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 onshelLbottom. Naturalmaterialsinclude different approved mineralrocks 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 Marl:(NCDOT Class B Spec.): 12"maximum diameter; 8" average diameter, 5":minimum diameter, 10% maximum.oversize, -Average maximum undersize o Granite and Basalt. 8"maximumdiameter, 6" average diameter, 4" minimum diameter,. 100W maximum. oversize, S9%maximum undersize Location-Llmestohelsnotacceptableforuse inhigh sanity enviromnetits, given.high susceptibility to bio-eroding organisms ^Nothing compares Stal014er1hemMa t En,lMW 6IQu Tay I M,h,Fsq J, Pee¢{769 13Y)Arafddl &t I Wheimad City. NCZM7 2527267021 T State of North Carolina I Environmental Qpality I Marine Fisheries POBox769 1344lArendell Street I Morehead Ctty.NC28557 2527267021 T Notes on all materiels: - - - - •— - - - 1) All materials mustbe cleanedand prepared inactordancewith United Stales Corps of Engineers General (Regional) Permits (kGP198500194 or NGP190002911,anyappllcable NC DivisionofCoastal Management permits, and conform to site -specific navigational clearance requirements established by the United States Coast Guard and NOAA Office of Coast Survey. 2) Planned arrangements for acquisition, cleaning, preparation,dockage/staging,towing, and sinking/deployment must be described in. proposals. Dockage, towing, and deployment will require proof of at least $1,000,000 marine liability Insurance. W U > o N W O r�l z , W Q E ->- •Nothing Compares- . SunevftartnCrrdYw I E,xtram ICXA*y I tdelnr anrrks POaaria9l 3441ANWd$WW I Morehead Cltr.NC2=7 252 Me r021 T State of North Carolina I Environmental Quality I Marine FLvheries PO Box 769 13441 Arendell Street I Morehead City, NC 28557 2527267021 T TI -6' MLLW Clearance -4' 2' Shallowest Area at Site Bay Balls Not Drawn to Scale 6.5' MLLW -4.5' Average Site Depth 2' 7' MLLW, -5" 1 Deepest Area at Site