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HomeMy WebLinkAbout34-17 MM 2021 NCDMFPermit Class MODIFICATION/MAJOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ernnit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 34-17 Issued to NC Division of Marine Fisheries, PO Box 769, Morehead City, NC 28557 Authorizing development in Carteret County within Bogue Sound, 0.41 nm south of Suooners Creek , as requested in the permittee's application dated 9/17/20, including attached workplan drawings (3), Figures 1-3 of 3 all dated 9/8/20. This permit, issued on February 15, 2021 , 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 oe suoleci to tines, imprisonment or civu action; or may cause me permit to oe nun ana voia. Artificial Reef AR-380 1) Unless specifically altered herein, this permit authorizes placement of additional material at artificial reef AR-380, all as expressly and specifically set forth in the attached permit application, project narrative, and workplan drawings. No other structure, whether submerged, floating or stationary, shall become a permanent part of this artificial reef without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. (See attached sheets for additional conditions) This permit action may be appealed by the permiffee 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, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NC Division of Marine Fisheries Permit No. 34-17 Page 2 of 2 ADDITIONAL CONDITIONS 2) In accordance with commitments made by the permittee, reef construction within the site shall be accomplished using 250 bay ball reef units as depicted in the attached workplan drawings labeled Figures 2-3 of 3. All materials shall be free from loose dirt or pollutants except in trace quantities. General 3) 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. 4) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 5) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. 6) This Major Modification shall be attached to Permit No. 34-17, which was issued to the permittee on 3/9/17, and copies of both documents shall be readily available on site when a Division representative inspects the project for compliance. 7) All conditions and stipulations of the active permit remain in force, under this Major Modification, unless specifically altered herein. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SA W- 2016-01896. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2017-0088 Q. NOTE: An application processing fee of $250 was received by DCM for this project. DCM Coordinator: j� Permit MAILING DISTRIBUTION SHEET )c Z,955-7 Agents: DCM Field Offices Elizabeth City Morehead City Washington (with revised work plan drawings) QA%Y Wilmington (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington: Wilmington: Wildlife Resources: Renee Gledhill -Earley at Environmental. Review@ncdor.gov Heidi Cox (WIRO) Kim Harding David Hams Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Chris Pullinger — 401 Tina Martin - 401 Clif Whitfield (WARD) Jimmy Harrison Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Robb Mairs — 401 (Brunswick, New Hanover) Holley Snider — 401 (Carteret, Onslow, Pender) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARD) f Natural Heritage Program Rodney Butler ,, LPO: )t(iI 1/ 6 eIiuC_ (NCDOT) Travis Wilson IN MP-1 APPLICATION for Maior Development Permit (last revised 1227r06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Appllcant/Landowner Information Business Name Project Name (d applicable) Nc Division Of Marine Fisheries AR-380 Applicant 1: First Name MI Last Name Jordan Byrum Applicant 2: First Name MI Last Name I/ 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 Phone No. FAX No. 28557 USA 252-808-8036 ext. 252-726-9218 Street Address (rf different from above) City State ZIP 3441 Arendell Street Morehead City NC 28557- Email jordan.byrum@ncdenr.gov 2. Agent/Contractor Information 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 _ _ ext. Phone No. 2 - - ext. FAX No. Contractor Street Address (NdiNerent from above) City State ZIP Email <Form continues on back> 252-808-2808 :: 1-888-4RCOAST :: www.nccoastal man agement.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 N/A NIA Subdivision Name City State Zip NIA Morehead City NC 28557- Phone No. Lot No.(s) (if many, attach additional page with list) N/A - ext. N/A, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Newport or White Oak 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 NNo work falls within. N/A 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 0 219,107 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) -6 ❑NHW or NNWL e. Vegetation on tract None f. Man-made features and uses now on tract 96 concrete reef balls, each 2 feet tall g. Identify and describe the existing land uses adiaoent 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 Spconers Creek, and is approx. 0.41 nm North of the 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 NNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes NNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No NNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo ❑NA National Register listed or eligible property? <Form continues on next page> 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, lfavailable) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. N/A p. Describe existing stone water management or treatment systems. N/A 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®Public/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. AR-380 is an existing artificial reef site, originally built to create habitat and provide fishing opportunities. A full description can be found in the attached narrative. 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. Up to 250 small reef balls will be loaded on an independent contractors barge. These will be lowered into the water at designated locations using barge mounted equipment (davit(crane), excavator, or loader. These reef balls will likely be stored at NCDMF property or a contractors yard prior to construction. d. List all development activities you propose. , Place up to 250 small reef balls in the remaining space inside the reef site. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 0 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A i. Will wastewater or stonnwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ®NA J. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 252-808-2808 :: 1-888-4RCOAST :: www.n ccoasto[management. net Form DCM MP-1 (Page 4 of 4) APPLICATION for 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) — (0 are always 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. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Phone No. Address Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA permit 34-17 USACE SAW-2016-01896 h., Signed consultant or agent authorization form, if applicable. 1. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by preperty owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I 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 9/17/20 Print Name Jordan Byrum Signature i Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information 252-808-2808 :: 1-888-4RCOAST :: www.necoastalmanagement.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 900feet Width 240 feet Avg. Existing Depth NA NA -6 feet MLW Final Project -4.5 feet Depth NA NA MLW 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. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []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. c. (1) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. area. d. (1) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlandslmarsh f. (i) Does the disposal include any area in the water? PIN), submerged aquatic vegetation (SAV), shell bottom (SB), ❑yes []No ❑NA or other wetlands (WL)? If any boxes are checked, provide the If es, how much water area is affecled7 number of square feet affected. (a) Y ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of disposal in these areas: 252-808-2808 :: 1.888.4RCOAST :: www,mccoastalmanacement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprep ❑Breakwater/Sill 00ther. c. 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 bacfill _ Riprap _ Breakwater/Sill _ Other i. Source of fill material. Width: d. Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. 0) Will fill material be brought to the site? ®Yes ❑No []NA b. (I) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or III) Amount of material to be placed in the water 250 reef balls other wetlands (WL)? If any boxes are checked, provide the (2 feet tall x 3 feet diameter) number of square feet affected. ❑❑❑SB (iii) Dimensions of fill area 900R x 240R (iv) Purpose of fill OWL ®NNonon e Create habitat and provide fishing opportunities within (ii) Describe the purpose of the fill in these areas: existing artificial reef 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. controlled? Reef balls are designed to resist movement after deployment. Each unit weighs approximately 500lbs. The units deployed at the site in 2018 have not moved. c. (i) Will navigational aids be required as a result of the project? d. ®Yes ❑No ❑NA (ii) If yes, explain what type and how they will be implemented. The site is currently marked on each comer with a 134nch diameter white buoy, emblazoned with an orange diamond and the word "REEF". What type of construction equipment will be used (e.g., drag backhoe, or hydraulic dredge)? Materials W11 be transported to the site via barge and will be deployed using a davit, crane, excavator, or loader. (t) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmananement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 3 of 3) 9/17/20 i d 'Date Jordan Byrum !Applicant Name I IA plicant Signature l 252.808.2808 :: 1.888.4RCOAST :: w .nccoastalmananement.net revised: 12126/06 ANCHORAGE BERTHS r Beans are for the convenience of assigning anchor p ayes to naval ships Thare are no iestrlctio I N D i n �>Fwwxr g i w�.Yas i�Ze�� v: •� 4a .3 i 9 ' 3' •I,A..no ,r * 0 0.375 Q,75 _$ 1.5 Nautical Miles Figure Date: 9/8/20 Figure 1. Context map showing AR-380 in Bogue Sound State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 I Morehead City. North Carolina 28557 252-726-7021 AR-380 Site Layout Existine Materials ° 0 75 150 300 Feet I I I I I I I I I Figure Date: 9/8/20 Figure 2. Deployment will take place within the gridded section on the eastern half of the site. Existing materials are shown in the western section. A 100-foot buffer has been established to ensure no material is placed outside the permitted reef boundary. The specific deployment locations have not been determined but may utilize the remaining area within the site. State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 I Morehead City, North Carolina 28557 252-726-7021 3 feet Figure Date: 9/8/20 Figure 3. Profile view of the reef ball. Water depth is 6 feet MLW and the site has a vertical clearance requirement of 3 feet. The reef balls are 2 feet tall, leaving 4 feet of vertical clearance. Each corner is marked with a 13" diameter buoy. State of North Carolina I Division of Marine Fisheries 3441 Arendell Street 1 P.O. Box 7691 Morehead City, North Carolina 28557 252-726-7021 ROY COOPER NORTH CABOLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director January 19, 2021 NC Division of Marine Fisheries Jordan Byrum Jordan.byrum@ncdenr.gov Dear Mr. Byrum, "14,p This letter is in reference to the application submitted for the NC Division of Marine Fisheries, for a Coastal Area Management Act Major Permit to undertake development activities to expand AR-380, in Carteret County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make April 2, 2021 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Cc: Sincerely, r. Gregory W. Bodnar Assistant Major Permits Coordinator AMP North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 Bodnar, Gregg From: Bodnar, Gregg Sent: Tuesday, January 19, 2021 2:18 PM To: Byrum, Jordan. Cc: Styron, Heather M. Subject: AR-380 extension Attachments: NC DMF AR-380 EXT.pdf Afternoon Jordan Please see above for the extension. USACE is running it through the 194 but have not come back yet and still waiting on DWR. Thanks, Gregg r ruruun. ru*�r_s. � allmaar�cYQ�� , Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quafity 252 8D8 28W ext 215 (office) G elm.8odnar ncdenr gov Email correspondence to and Jrom this address is subject to the North C'araNaa Public Records taw and maybe disclosed to third porttes. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: NC Division of Marine Fisheries AR-380 COUNTY: Carteret PROJECT NAME: Major Modification #'AIL LOCATION OF PROJECT: Spooners Creek, Morehead City DATE APPLICATION RECEIVED COMPLETE BY FIELD:11-3-20 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: Yes FIELD REPRESENTATIVE: Styron DISTRICT OFFICE: MHC DISTRICT MANAGER REVIEW: Roy Brownlow DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250 is er APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 12-6-20 END OF NOTICE DATE: 12-26-20 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: N/A C) 75 DAY DEADLINE: 1-17-21 150 DAY DEADLINE: EMAIL OUT DATE: 12-15-20 STATE DUE DATE: Click or tap to enter a date. PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE NOTES OBJECTIONS: COMMENTS YES NO RETURNED DCM — Field Rep tL11(yp � 11onS DCM—LUP Consistency Determination Iz11t,110 Local Permit Officer 11-I IVIV ?c Corps of Engineers — Regulatory Branch L r{ l Z 01(1- DWR-401 Section 2- i Z 2 017-00t* Z DWR—Public Water Supply I"{irrl20 DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office Wildlife Resources Commission tL�iL 1p DMF — Shellfish Section DMF — Habitat & Enhancement �lti DNCR —Archives &History i S z ✓` DNCR — Natural Heritage Program NCDOT NC Dept of Commerce �ZI15 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM: TO: Gregg Bodnar FROM: HEATHER STYRON THRU: ROY BROWNLOW NORTH CAROLINA Environmental Quality December 1, 2020 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 250 additional 2' x 3' reef balls along the eastern half of the site approximately .41nautical miles south of Spooners Creek, in Morehead City. The total project area is 219,107 square feet (5 acres) of shallow bottom habitat and would be utilized in its entirety. 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 10/13/2020. 3. All precautions should betaken to ensure navigation is not hindered and Public Trust Area is not unduly affected. D_EQ� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557 252,808.2808 NC DMF Reef Site AR-380 Comments Page 2 of 2 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. 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. North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252808.2808 KIN December 12, 2020 MEMORANDUM. - FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.badnarANCD EN R.gov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: MCDMFAR-380 Project Location: Spooners Creek, Carteret County Proposed Project: MajorModifrcation to 37-17 ROY COOPER Gv. m.7 MICHAEL S. REGAN kacr� BRAXTON DAVIS Please indicate below your agencys position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by January 12, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed, **Additional comments may be attached" X 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. PRINTNAME Lee Padrick AGENCY SIGNATURE DATE NC Commerce V 12-15-20 StateaWaahfarolaa Eaciaoeencl Qaa0¢Yl Caasta±braeage�rat 027 Cardinal D&E]EX..Wflvmema NC 29405 P197937205 DEC 1 5 2020 NAP SECTION D NORTH CAROLINA ivwirunwenlal (htdttp December 12, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) Arega.bodnar a(�NCDENR.aov SUBJECT: CAMA /Dredge and Fill Application Review Applicant: NCDMFAR-380 Project Location: Spooners Creek, Carteret County Proposed Project: Major Modification to 37-17 ROY COOPER Governor MICHAEL S. REGAN 5' mlary BRAXTON DAVIS D wwr, D1vfvimr nfC'aorral Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by January 12, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: PRINT AGENCY SIGNATURE DATE x This agency has no objection to the project as proposed. **Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Mark Brown Public Water Supply RECEIVED DEC 1 5 2020 NIP SECTION MHD Ww ofNonh Carolina I Environmental Quality I Coastal Management 127 Cardinal Dnve Ext., Wilmington, NC 28405 919 796 7215 'r NORTH CAROL'INA Ew mnimew,,i Oa,& ). December 12, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) areco. bod nar(a)NCDENR.cov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: NCDMFAR-380 Project Location: Spooners Creek, Carteret County Proposed Project: Major Modification to 37-17 ROY COOPER Governor MICHAEL S. REGAN &,,,,elary BRAXTON DAVIS Director, Division I (Coastal Monagemsul Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greve Bodnar at the address above by January 12, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Rachel Love-Adrick AGENCY Division of Coastal Management SIGNATURE P"a ot DEC 1 6 2020 DATE 12/16/2020 10P SECTION MHD State ofNoA Carolina I Environmental Quality I Coastal Management 127 Cardinal Dme Ext., Wilmington, NC 28405 919 796 7215 0- ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA £nvlronmentafQuality TO: Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner �Ok Division of Coastal Management SUBJECT: Major Permit 34-17 Major Modification Request DATE: December 16, 2020 Ie,:�: ! ) DEC 1 6 2020 IVIP SECTION MH® 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 NC Division of Marine Fisheries (DMF) is proposing to modify CAMA Major Permit 34-17, which expires December 31,2020. The permit was to construct an artificial reef 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. Existing structures include 96 Bay Balls (33,098 ft2). The project area is 219,107 ft2 (5 acres), however, 33,088 ft2 (176' x 188') of the northwest quadrant of the proposed site boundaries was utilized since the issuance of major permit 34-17. The applicant is proposing to modify the permit to construct the remaining portion of the artificial reef by placing 250 additional 2' x 3' bay balls along the eastern section of the previously permitted site. The spatial layout will utilize a total of 250 bay balls with each ball spaced 12' apart and would incorporate a total area of 240' wide by 900' long. Per the applicant the reef area would have a clearance of -4' 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 have been marked with a 13" diameter buoy. AEC(s) Involved include Estuarine Waters (EW) and Public Trust Area (PTA). The project is located in Bogue Sound and is classified as SA (Market Shellfishing, Salt Water) and HQW (High Quality Wate'rs)', is not a Primary Nursery Area (PNA), and is open to shellfishing. No Submerged Aquatic �9Q North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 commerce Avenue I Morehead city, North Carolina 28557 252,8082808 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 rim north of the project), however this area is historically used by boating traffic due to the significant water depths (-6' 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. Anticipated impacts resulting from this project are expected to include: incorporate an additional 216,000 ftz of 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 AIWW (.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. ' 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." REEMENE® DEC 1 6 2020 MP SECTION NUID North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252BO82808 a NORTH CAROLINA ran Pb'Orllnflflil( 0"'dit, December 12, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax:252-247-3330 (Courier11-12-09) q ren q. b odna r(@N CD EN R.gov SUBJECT: CAMA /Dredge and Fill Application Review Applicant: NCDMFAR-380 Project Location: Spooners Creek, Carteret County Proposed Project: Major Modification to 37-17 ROY COOPER MICHAEL S. REGAN S: rrsann• BRAXTON DAVIS Dirrrnv, Di 4d "' n(C'nncI'd aluangtmam Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greoo Bodnar at the address above by January 12, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME dclb�J�(•'J/CC AGENCY i ✓1:> (].' C'f tV SIGNATURE `_l�/t/✓c� (lc`/! DATE )/i(-^ 60-2C7 RECEIVED DEC 1 6 2020 MP SECTION MHD State ofNodM1 Camlina I Environmental Quality l Coaiml Management 127 Cardinal Drive Ext., NlOningum, NC 28405 9197957215 NORTH CAROLINA 6nvmourn:nm; Oe.rhrr December 12, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gfegg. bodnant�NCDENR.go SUBJECT: CAMA/Dredge and Fill Application Review Applicant: NCDMFAR-380 Project Location: Spooners Creek, Carteret County Proposed Project: Major Modification to 37-17 ROY COOPER Governor MICHAEL S. REGAN 5'ecMtory BRAXTON DAVIS Director, Division nfCoastal Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grew Bodnar at the address above by January 12, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached** %� This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME James Harrison AGENCY NCDMF SIGNATURE �y ., � DATE 22 December 2020 EMG IVED DEC 2 3 2020 RAIP SECTION MHD State of Noah Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ROY COOPER r r„ 1 ua „„ MICHAEL S. REGAN C. yo.tZ•llo• o I BRAXTON DAVIS December 12, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ -Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 R5 V � Fax: 252-247-3330 (Courier 11-12-09) greaa.bodnar(@NCDENR.gov �O 6 DEC 2020 SUBJECT: CAMA/Dredge and Fill Application Review co Zk1 L�% Applicant: NCDMFAR•380 ��'eit y ire Project Location: Spooners Creek, Carteret County Proposed Project: Major Modification to 37-17 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by January 12, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Ni;4 I • C�k n n AGENCY SIGNATURE GvJ�C DATE j2-2�-Lp7a RECEIVE® DEC 2 1 2020 MP SECTION MHD Slam of North Camlina I Envavnmenml Quality I Coastal Management 127 C.15=l hl. Ex4 Wilmmglan• NC 28405 919 796 7215 ROY COOPER Gnnnxv MICHAEL S. REGAN 3.•rrztnm BRAXTON DAVIS !Lrtrrtv Dn,..iru, nlPnn4rsf ,1lmvganrnr December 12, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) I oreao.bod nar(MNCDENR.gov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: NCDMFAR-380 Project Location: Spooners Creek, Carteret County Proposed Project: Major Modification to 37-17 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by January 12, 2021: If you have any questions regarding the proposed project, contact Heather Styron 252-808-2,808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINTNAME AGENCY SIGNATURE DATE Smteof\onh C=1iw Emim, Wat Queliry C=1a1.M=a9c=1 127 Cardo;al Dri<e En., Wdv iwgtoa• SC 28405 919 796 7215 JAN 7 2021 RUP SECTION ROM NORTH CAROLINA Ini moone vial On"41), December 12, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) oreaa. bodnar(a)NCDENR.aov SUBJECT: CAMA /Dredge and Fill Application Review Applicant: NCDMFAR-380 Project Location: Spooners Creek, Carteret County Proposed Project: Major Modification to 37-17 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Drealoq Division ojCoastal Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by January 12, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. X**Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Clara Robison AGENCY SIGNATURE DATE NCDMF-Shellfish Sanitation and Recreational Water Quality CkAj,a fw&aw� for Shannon Jenkins 1 /11 /2021 REMEIVED JAN 1 2 2021 PAP SECTION MI.77 grate ofNonh Carolina I Environmenml Quality I Coastal Management 127 Cardinal Dnve Fit., Wilmington, NC 28405 919 796 7215 Bodnar, Gregg From: Cannon, Amanda J Sent: Thursday, January 14, 2021 3:25 PM To: Bodnar, Gregg Subject: Fw: CAMA Major Modification Request - NCDMF 34-17 From: DCR - Environmental —Review <Environmental. Review@ncdcr.gov> Sent: Thursday, January 14, 2021 2:56 PM To: Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Subject: Re: CAMA Major Modification Request - NCDMF 34-17 Amanda, I want to let you know that we have received this project and we are working on sending a response as soon as possible. Thank you. Devon L. Borgardt Environmental Review Assistant North Carolina Historic Preservation Office 109 E Jones St MSC 4619 Raleigh, NC 27699 919 814 6586 office Devon.borgardtamcdcr.gov #StayStrongNC Learn more @ nc.gov/covidl9 And don't forget your Ws! Wear. Wart. Wash. WEAR a face covering. WAIT 6 feet apart from other people. WASH your hands often. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Facebook Twitter Instaaram YouTube From: Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Sent: Tuesday, December 15, 2020 12:02 PM To: Love-Adrick, Rachel A <rachel.love-adrick@ncdenr.gov>; Liz Hair <Sarah.E.Hair@usace.army.mil>; Padrick, Lee Received: 1 /14/2021 Historic Preservation Office 1 ER 17-0134 NORTH CAROLINA 6'm i, onmeala! (Mahly December 12, 2020 MEMORANDUM: Due: 1 /21 /2021 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue; Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bod nar(a) NCDENR.gov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: NCDMFAR-380 Project Location: Spooners Creek, Carteret County Proposed Project: Major Modification to 37-17 ROY COOPER Gco.,oa, MICHAEL S. REGAN secrelary BRAXTON DAVIS Director, D,.uv,,fCnarlal Management NC - SBA 1/21/2021 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by January 12, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: PRINT NAME AGENCY SIGNATURE DATE This agency has no objection to the project as proposed. "Additional comments may be attached" X 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. Renee Gledhill -Ea Historic Preservation Office 1 /25/2021 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NO 28405 919 796 7215 JAN 2 5 2021 IAP SECTION MHD is 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: Jordan Byrum NC Division of Marine Fisheries Address: 3441 Arendell Street Post Office Box 769 Morehead City NC, 28557 Jordan.Bvrum(a), cden❑gov Telephone Number: 252-808-8036 Size (acres) 5 acres Nearest Waterway Bogue Sound USGS HUC 03020301 F E B 4 2021 AV SECTION MHD Nearest Town Morehead City River Basin Onslow Bay Coordinates Latitude:34.719722 Longitude:-76.805556 Location description: The project site is located at the existing Artificial Reef AR 380 within waters of Bogue Sound, located approximately .41 nautical miles SE of Spooner's Creek, near Morehead City in Carteret County, North Carolina. Description of projects area and activity: The applicant proposes to deploy 250 additional 2' X 3' reef balls, each spaced 12' apart, within the eastern half of the existing 5-acre reef site (approximately 216,000 it' footprint). A 100-foot buffer is established around the deployment area to ensure material is not placed outside of the permitted reef boundary. Water depths within the project area average -6' NLW. 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: RGP 194 SEE ATTACHED RGP or NWP 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 December 15, 2020. 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 terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Sarah Hair at (910) 251-4049 or Sarah.E.Hair(iimsace.armv.mil. SAW-2016-01896 RECEIVED HAIR.SARAH.EA.10 Dlgi,z IIIInIdby HAIRCorps Regulatory Official:5469351z 2o�zo3°9:,`;9-05W Date: February3.2021 Expiration Date of Verification: December 31, 2021 F E B Fl 2021 PAP SECTION MHD 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 theCorpsand the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued . Action ID: SAW- B. Basis For Jurisdictional Determination: N/A. An Approved JD has not been completed. C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A. SPECIAL CONDITIONS I. 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 https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l Z.Rdf 2. The applicant will implement the conditions of the NC DMF Artificial Reef Programmatic Biological Opinion dated October 18, 2019. The full Biological Opinion can be located on the Wilmington District website at httos://www.saw.usace.army.mil/Missions/Reeulatory-Permit-Proeram/Aeencv- FEE ,''', MP SECTION MHD SAW-2016-01896 It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Date of JD: N/A Expiration Date of JD: N/A The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm apex/VV=136:4:0. Electronic Cony Furnished (without enclosures): NC DEO-DWR: Mr. Paul Woioski/ Ms. Holley Snider USFWS: Mr. Pete Beniamin/Mr. John Ellis NMFS-HCD: Dr. Pace Wilber/Ms. Twvla Cheatwood NMFS-PRD: Ms. Mary Wunderlich US EPA: Mr. Todd Allen Bowers NC DEO-DCM: Mr. Greve Bodnar/Ms. Amanda Cannon/Mr. Roy Brownlow F E B n 2021 MP SECTION M D Action ID Number: SAW-2016-01896 County: Carteret County Permittee: Jordan Byrum NC Division of Marine Fisheries Project Name: NC Division of Marine Fisheries/AR 380 Enhancement Date Verification Issued: February 3, 2021 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 ENGINEERS 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 !�"��CS fit' FEB n 2021 PIER SE-ECTM $9f ID � 1 DocuSign Envelope ID: 8EB570A7-8203-4008-93E3-6AD4B958485B ROY COOPER Goverriw MICHAEL S. REGAN Secretary S. DANIEL SMITH Dkftlw NC Division of Marine Fisheries Attn:Jordan Byrum P.O. Box 769 Morehead City, NC 28557 NORTH w" Q1INA February 9, 2021 RECEIVED F E B 1 5 2021 PAP SECTION MHO DWR # 20170088v2 Carteret County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Artificial Reef 380 (AR-380) Sanctuary — Bogue Sound Dear Mr. Byrum: You have our approval for the impacts listed below for the purpose described in your application by the Division of Water Resources on December 15, 2020. These impacts are covered by the attached Water Quality General Certification Number 4136 and the conditions listed below. This certification is associated with the use of General Permit Number 198500194 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or LAMA Permit. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification and to the additional conditions itemized below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream N/A N/A 404/401 Wetlands N/A N/A Open Waters Approximately 4.96 Figures 1 thru 3 and acres (approximately project narrative. 250 reef balls) D_E 9V: North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Offce 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NA ...��•M.u.! 910.796.7215 DocuSign Envelope ID: 8EB570A7-82034008-93E3-6AD4B958485B NCDMF-Artificial Reef (AR-380) D W R# 20170088v2 401 Certification Page 2 of 3 This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this 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. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional Conditions: 1. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)] 2. The Permittee shall adhere specifically to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0221] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: RECEIVED FEB 1 5 2021 NIP SECTION M,H DocuSign Envelope ID: 8EB570A7-8203-4008-93E3-8AD4B958485B NCDMF-Artificial Reef (AR-380) D W R# 20170088v2 401 Certification Page 3 of 3 William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Holley Snider at 910-796-7215 or Hollev.Snider@ncdenr.eov if you have any questions or concerns. Sincerely, CBocu5lgned by: 6yt,ll L satn.Cl< -64 EJABAMC1BCAM... Morelia Sanchez -King Regional Supervisor Water Quality Regional Operations Section Division of Water Resources Wilmington Regional Office Enclosures: GC4136 cc: Gregg Bodnar, DCM Morehead City Office (via email) Sarah Hair, USACE Wilmington Regulatory Field Office (via email) Maria Dunn, NCWRC, (via email) DWR 401 & Buffer Permitting Unit file F E B 1 5 2021 MP SECTION WiD DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: NCDMF Artificial Estuarine Reef Program (AR-380 reef site) C/O Jordan Byrum 2. LOCATION OF PROJECT SITE:.41 nautical miles south of Spooners Creek, within Bogue Sound Longitude: 76°48'020 W Latitude: 34*43' 110 N 3. INVESTIGATION TYPE: D/F 4. INVESTIGATIVE PROCEDURE:Dates of Site Visit— December 2019 Google Photography Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received—10/13/2020 Application Complete- 11/3/2020 Office — Morehead City 6. 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 ' 96 Bay Balls (33,088sf) Planned — 250 Bay Balls with 12' spacing (total footprint of 216,000sf) (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DREDGED FILLED OTHER (A) Shallow Bottom N/A 1 216,000112 1 N/A (D) Total Area Disturbed: 216,000 ft2 (E) Primary Nursery Area: No (F) Water Classification: SA, HQr Open: Yes PROJECT SUMMARY: The proposed project is a major modification to existing major permit 34-17 which is set to expire on December 31, 2020 and is located .41 nautical miles south of Spooners Creek in Morehead City. Per the applicant, the site was previously 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 protected species. Previous permits are as follows; • CAMA Major Permit 34-17 • USACOE SAW-2016-01896 • DWR # 2017-088 Field Investigation Report NCDMF AR-380 reef site Page 2 of 3 The applicant satisfied the prefilling meeting request requirement for NCDWR via email correspondence on 11/3/2020. 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 AIW W channel and within Bogue Sound. The project area is 219,107 square feet (5 acres) in its entirety and has an average water depth of - 6'nlw however, 33,088ft' (176' x 188') of the Northwest quadrant of the proposed site boundaries was utilized since the issuance of major permit 34-17. 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 nm north of the project), however, this area is historically used by boating traffic due to the significant water depths (-6'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. Project Description: The applicant's current proposal is to construct the remaining portion of the artificial reef by placing 250 additional 2' x3' bay balls along the eastern section of the previously permitted site. The spatial layout will utilize a total of 250 bay balls with each ball spaced 12' apart and would incorporate a total area of 240' wide by 900' long. Per the applicant the reef area would have a clearance of -4' 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 comers have been marked with a 13" diameter buoy. 11. Anticipated Impacts: The proposed artificial reefs incorporate an additional 216,000 ft' of 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'n1w 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 AIW W. 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: 12/2/2020 Morehead City ROY COOPER Governor MICHAEL S. REGAN Secretary STEPHEN W.MURPHEY Director NCDMF Artificial Reefs The North Carolina Division of Marine Fisheries (NCDMF) Artificial Reef Program has been formally operating since the 1970's and manages 68 artificial reefs and oyster sanctuaries. Twenty-five (25) of these sites are located in estuarine waters, and the remaining 43 are in ocean waters. In 2016, the NCDMF released an artificial reef guide which outlines each of the artificial reefs and oyster sanctuaries. This document provides material information, latitude longitude information, and a figure of the material on the reef site. A pdf version of the hardcopy reef guide can be found at: httv://i)ortal.ncdenr.org/c/document library/get file?uuid=24160156- 4b96-49e6-9126-4fa488b49cbb&groupId=38337. The NCDMF Artificial Reef Program has also developed an interactive reef guide, set up in an ArcGIS format is available here: hgps•//ncdenr maps aregis com/apes/webappyiewer/index html?id=3b27e8594cb6444c88b5525b f763aa55. The interactive guide is complete with material shapefiles, latitude/longitude information, and side -scan sonar imagery. This is available for review by the public, state, and federal agencies. Boundaries for each reef site were defined in a boundary packet which detailed the coordinates of each reef, material locations, reef boundaries, and acreages of reefs and materials. This packet was accepted by Division of Coastal Management on July 10, 2017 and USACE on October 25, 2017. Letters acknowledging the acceptance of this reef packet are shown in attachments 1, 2 and 3. Project Background The site is located about .41 nautical miles SE of Spooner's Creek in Bogue Sound as shown in Figure 1. AR-380 was originally permitted in 2017 by NCDCM (permit #34-17) and 2018 by US Army Corps of Engineers (SAW-2016-01896). The reef is 5.03 acres in size and currently contains 96 bay balls. AR-380 is currently marked with four 13" diameter spar buoys emblazoned with an orange diamond and the word "REEF". MLW depth is 6 feet and navigational clearance is listed as 3 feet. Artificial reef materials are selected on four primary considerations: Function, compatibility, durability, and stability. Accepted materials include concrete, vessels, and natural materials and 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 structures include recycled pre -fabricated materials, crushed concrete, and pre -designed concrete reef material. These concrete structures must be free of protruding rebar and any open bottomed structure must have an opening in the top equal to the bottom opening or 3-feet in diameter (whichever is lesser) to allow listed species to escape. Vessels consist of preferably large steel hulled vessels for longevity. Examples of natural material include calcium carbonate shells, limestone marl, granite and basalt. All State of North Carolina I Division of Marine nsheries 3"1 Arendell Street I P.O. Box 769 1 Morehead City. North Carolina 285V 252-726-7021 materials must be cleaned and prepared in accordance with United States Corps of Engineers General (Regional) Permits (#GP198500194 or #GP19000291), applicable NC Division of Coastal Management permits, Division of Water Resources permits, and conform to site -specific navigational clearance requirements published by the United States Coast Guard and NOAA Office of Coast Survey. This includes the removal of all pollutants and tangle hazards such as railings, antennas, etc., from vessels. Proposed Enhancements Through a Sport Fish Restoration grant, the NCDMF Artificial Reef program plans to purchase up to 250 small reef balls for use at the site. This development is planned to occur in an area immediately adjacent to the reef balls currently on the reef shown in Figure 2. The new proposed reef balls have the same dimensions as those currently on the reef site. Deployment of the reef balls will be conducted by a marine contractor selected through the state bid process. NCDMF will be on site for all deployments. Deployment methodologies may include lowering the reef balls with an excavator, loader, or with barge mounted davit or crane. A profile view can be seen in Figure 3. NCDMF staff and contractors will adhere to all conditions outlined in the Section 7 Biological Opinion issued on 10/18/19 by National Marine Fisheries Service. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. State of North Carolina I Division of Marine fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 252-726-7021 Attachment 1. NCDCMacknowledgement of NCDMFArtificial Reef boundary modifications KIC- Coastal Management cxvwoxxexru rraunv July 10, 2017 NC Division of Marine Fisheries Artificial Reef Program c/o Jason Peters 3441 Arendell St. Morehead City, NC 28557 SUBJECT: NC DMF Artificial Reef Boundary Modifications Dear Mr. Peters, ROY COOPER MICHAEL S. RECAN urinary BRA%TON C. DAVIS N ,a This letter is in response to the NC Division of Marine Fisheries Artificial Reef Progrmn's request to modify and document the expansion of numerous artificial wf and oyster sanctuary sites throughout the estuarine and coastal waters of North Carolina. The reef site boundaries specified within this letter are existing or permitted and have been accurately documented. These boundaries will be kept on file with each related CAMA permit, and on file in with the NC Division of Coastal Management in the 2017 major permit archives under 2017 NC DMF AR BOUNDARY MODIFICATION. Irat any time your agency wishes to access these records, apply for a permit or permit modification, or modify a boundary, this letter shall be referenced, along with the appropriate reef site information. This endorsement does not convey an active permit or authorization to conduct development within the newly acknowledged reef site boundaries. Any future development may require modification of an active permit or the need to proceed through the NC Division of Coastal Management's CAMA major permitting process. Please contact a representative of the Division prior to the commencement of any activity for this determination. Received By Date Rec'd o state otnonh Caoallna I EaWp " QoAWY I Canal WoW,omt Marl MCsy Oake I4000ommasAm IWmeM My. 14C min 29110a1a09 p.l AP tloum,U, MoOPulhoxiat.-Hx.Ifof 1 111.11 IIW:1l M1 State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 252-726-7021 AR-191 OS-10 Gibbs Shoal AR-197 OS-1I Long Shoal AR-291 OS-12 Raccoon Island AR-292 OS-13 Pea Island AR-296/OS-04 Clam Shoal OS-14 Little Creek AR-298/OS-06Ocracoke OS-15 Swan Island AR-380 AR460 AR-381 AR-275 AR-392 AR-315 AR-396 AR-320 AR-398 AR-342 OS-01 Cmatan Sound AR-360 OS-02 Deep Bay AR-364 OS-03 West Bay AR-370 OS-05 Crab Hole AR-378 OS-07 Middle Bay AR-378b OS-08 Neuse River AR425 OS-09 West Bluff AR430 If you have any questions concerning this matter, please feel free to contact me by telephone at (252) 808.2808 extension 215, or by email at meggbodna n ncdenr.eov. CC: Roy Brownlow Frank Jennings Jonathan Howell Debbie Wilson Sincerely, Gregg Bodnar Division of Coastal Management Assistant Major Permits Coordinator StWd Norfl, m. na IEnr0almenal QuaBrylGw'col Maraq<mem m=tieduo Oaitt 140o Camm�Awe I Mrcatlead Oly.NCM57 2SO082800 DMFARBuunda7N AulhaAuU=FMCP& 2 711=11 IMNAM State of North Carolina I Division of Marine Fisheries 3441 Arendell Street 1 P.O. Box 769 1 Morehead Cay, North Carolina 28557 252-726-7021 Attachment 2. USACE acknowledgement of NCDMFArtificial Reef boundoify modifications DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS WASHINGTON REGULATORY FIELD OFFICE 4. .. 240W STM STREET WASHINGTN, REET NORTHREET NA 27889 October 25, 2017 NC Division of Marine Fisheries ) Jason Peters Artificial Reef Program c/o Jason Peters peceived B 3441 Arendell St. Morehead City, NC 28557 Date Rec'd D i T SUBJECT: INC DMF Artificial Reef Boundary Modifications Dear Mr. Peters: This letter is in response to the NC Division of Marine Fisheries Artificial Reef Programs request to modify and document the expansion of numerous artificial reef and oyster sanctuary sites throughout the estuarine and coastal waters of North Carolina. The reef site boundaries specified within this letter (see attached) are existing or permitted and have been accurately documented. These boundaries will be kept on file at the U.S. Army Corps of Engineers Washington Regulatory Field Office. If at any time your agency wishes to access these records, apply for a permit, or modify a boundary, this letter shall be referenced, along with the appropriate reef site Information. This acknowledgement of the reef sites does not convey an active permit or authorization to conduct development within the reef site boundaries. Any future development within these reef sites will require authorization from the US Army Corps of Engineers. Please contact Mr. Josh Pelletier at the Washington Regulatory Field Office prior to the commencement of any activity at iosh.r.oelletierODusace.armv.mil or by telephone at (910) 2S3-4605. Sincerely, 1 Jpth elletier, ProjM(a/nger 4V ington RegulatoryField Office l State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Bon 769 1 Morehead City. North Carolina 28557 252-726-7021 North Carolina Division of Marine fisheries Artificial Reef Sites October 2017 Estuarine Reefs (Coastal Inshore Waters) AR-191 AR497 AR-291 AR-292 AR-2961OS-04 Clam Shoal AR-298105-06 Ocracoke AR-380 AR-381 AR-392 AR-396 AR-398 AR-491 OS-01 Crootan Sound Coastal Ocean Reefs (Atlantic Shoreline to3nm) AR-160 AR-165 AR-275 AR-315 AR-320 AR-342 AR-360 AR-364 AR-370 AR-378 AR-378B AR-425 AR-430 Federal Ocean (Seaward of 3nm line) AR-130 AR-140 AR-145 AR-220 AR-225 AR-230 AR-250 AR-255 AR-285 AR-300 AR-302 AR-305 AR-330 AR-340 AR-345 AR-355 AR-362 AR-366 AR-368 OS-02 Deep Bay OS-03 West Bay OS-05 Crab Hole OS-07 Middle. Bay 05-08Neuse River OS-09 West Bluff OS-10 Gibbs Shoal OS-11 Long Shoal OS-12 Raccoon Island OS-13 Pea Island OS-14 Little Creek OS-15 Swan Island AR-371 AR-376 AR-382 AR-386 AR-400 AR-420 AR-440 AR-445 AR-455 AR-460 AR-465 State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 7691 Morehead City, North Carolina 28557 252-726-7021 Attachment 3. AR-380 page from NCDW Artificial Reef boundary modifications document 0.41 nautical mies southeast or Spooners Creek Bound Information: NW 34' 43129' N 76' 48.110' W NE 34' 43132' N 76' 47.932' W SE 34' 43091' N 76' 47.931' W SW 34' 43089' N 76' 48.109' W Site 5.03acres Material 0 acres Fwxe Pnepred 4A/17 0 20 300 LOW Feed I. i i 1 iI. . I� Pwn*L- LAMA 34-17 t15ACE 11nRevvie Site Depth 16 ft. Min. Vertical Clearance 13 ft. clearance Verified IN/A t.1 t State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 I Morehead City, North Carolina 28557 252-726-7021 ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director NC Division of Marine Fisheries 11/30/2020 (Artificial Reef Program) C/o Jordan Byrum PO Box 769 Morehead City, NC 28557 Dear Sirs: The NC Division of Coastal Management hereby acknowledges receipt of your application for state approval for development at the AR-380 artificial reef site (.41nm southeast of Spooners Creek and within Bogue Sound). The complete package was accepted as complete on 11/3/2020. The projected deadline for making a decision is 1/17/2021. 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 11/3/2020, you may request a meetingwith 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. Sincerely, I-teclther M. Stldrovv Heather M.Styron Coastal Management Representative North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 ROY COOPER NORTH CAROLINA Governor - Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Carteret News Times PO Box 1679 Morehead City, NC 28557 Re: Public Notice-NCDMF, Morehead City, Carteret County Dear Sir: November 30, 2020 Please publish the attached Notice in the 12/6/2020 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 Jessica Gibson, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, FVeatker M..St�row Heather M. Styron Coastal Management Representative North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 N0Tl(01$l7gA CAMA PERMIT APPLIED FOR PROJECT: Reef enhancements at the existing AR 380 reef site. COMMENTS ACCEPTED THROUGF APPLICANT NCDMF c/o Jordan Byrum P.O. Box 769 Morehead City, INC 28557 December 26, 2020 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Heather Styron - DCM 400 Commerce Avenue Morehead City, INC 28557 (252)808-2808 NOTICE OF FILING OF APPLICATION 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 submitted and accepted as complete on 11/3/2020. According to said application, NCDMF is proposing to enhance the existing AR-380 reef site that is .41 nm southeast of Spooners Creek in Morehead City, NC. 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 C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 12/26/2020, 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 PUBLISH ON: 12/6/2020 D Qp� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 2528082808 —This is a word processing form to be completed in Microsoft Word,.. NC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) Applicant NCDMF Date: 12/1/2020 Project Site Counly: Carteret Staff., HMS District OEfizabeth City MWashington ®Morehead City ❑Wilmington Project Name: AR-380 Reef Site Rover File: WA Date of initial application submittal (EX 1)WO07) 10/13/2020 Date application "received as complete"in the Field office (IX: 1/8/2007): 12/8/16 originally however design changes so new complete date is 1IM020. Permit Authorization: El CAMA MDredge & Fill ElBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: El Yes SNo Photos Taken: Yes ❑ Nog Setback Required (riparian): El Yes SAId, Critical Habitat: El Yes ZNo Oflot Sure 15 foot waiver obtained: El Yes ®No Hazard Notification Returned. []Yes ®No SAV: Yes No Not Sure Shell Bottom: El Yes SNo El Not Sure Temporary Impacts: SYes No Sandbags: Yes ONo Not Sure Did the land use classification come from county LUP., El Yes ®No Mitigation Required (optional): []Yes ®No Moratorium Conditions: ❑ Yes ®No ❑NA Environmental Assessment Done: [I Yes ®No ❑NA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters ISM High Quality Waters (HOM Outstanding Resource Waters (ORM 1. WETLANDS IMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) El (SS) Glasswort ( Salicomia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) El (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spardna altemitlora) cynosuroides) (DS) Salt or spike grass (Disfichlls (SC) Bullmsh or three square (Schpus (TY) Cattail (Typha AN spicata) sp.) (JR) Black need/erush (Juncus (SP) SaWmeadow grass (Spartma roemedanus) patens) APPLICATION FEE El No fee required - $0.00 El III(A) Private w/D&F up to 1 acre; 3490 El III(D) Priv. public orcomm w/D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 Minor Modification to a CAMA Major 0 Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer- $100 M(B) Public or commercial w/D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 El Major development extension request - If. Public or commercial/no dredge $100 and/or fill - $400 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant.- NCDMF Reef site AR 380 Date: IV112020 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Artificial reef 250 New Work Replace 900 240 Maint ® ❑ Y ® N New Work Replace Maint ❑ ❑ Y ® N New Work Replace Maint ❑ ❑ Y ® N New Work Replace Maint ❑ ❑ Y ® N New Work Replace Maint ❑ ® Y ❑ N New Work Replace Maint ❑ ❑ Y ® N New Work Replace Maint ❑ ❑ Y ® N New Work Replace Maint ❑ ❑ Y ® 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 NewWotk Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Wotk Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N revised 02115/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant NCDMF Reef site AR-380 Date: 12112020 Describe below the HABITAT disturbances forthe 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 temp im is FINAL Sq. FL (Anticipated final disturbance. Excludes any restoration and/or temp impact amounQ TOTAL Feet (Applied for Disturbance total includes any anticipated restoration or teme impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration arrdror temp impact amount Shallow bottom Dredge ® Fin ❑ Both ❑ Other ❑ 216,000 216,000 Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge 0 Fill El Both 0 Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1-888-0RCOAST :: www.neeoastaimanaeement.ne[ revised: 02/15/10 ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS l h,'ronr. ......... „l t'ou,t' d ll lll".1neru December 12, 2020 MEMORANDUM.' FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax 252-247-3330 (Courier 11-12-09) greoo.bodnar(a)NCDENR.gov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: NCDMFAR-380 Project Location: Spooners Creek, Carteret County Proposed Project: Major Modification to 37-17 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by January 12a 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached"` This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE DATE 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. State of Noah Carolina I Environmental Quality I Coastal Management 127 Cardinal Dave Ex[., Wilmington, NC 28405 919 796 7215 Applicant: i Date: I a ,6l D r� AGENCY WIRO WARO Y t \y 4J(I ' 1t7�1�NV L LPO Rachel Love Adrick MHC , Rachel Love Adrick Washingon DCM Planner Mike Christenbury Wilmington Charlan Owens Eliz City US COE: Wz Hair Raleigh Bland (Beaufort, Camden, (Carteret, Onslow, Pender) Chowan, Craven, Hertford, Hyde, Greg Curry Perquimans, Tyrrell) (Brunswick, New Hanover) Josh Peletier—(Berle, Currituck, Dare Gates, US COE (NC DOT) DOT Brad Shaver Pamlico, Posquotank, Washington) (Brunswick, New Hanover, Onslow, DOT - Tom Steffans—(Beaufort, Carteret, Pender) Craven, Pamlico Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Brunswick) Lee Padrick (Beaufort Carteret PadricklMufort, Carteret, Craven Craven, Eliz City, Pamlico, Washington) Eliz City, Pamlico, Washington Cultural Resources rley Renee Gledhill -Earley Div. of Water Infrastructure x Clif Whitfield Marine Fisheries James Harrison NC DOT David Harris David Harris Shellfish Sanitation I 10annon Jenkins & Sharon Gupt n Tim Walton & Mike Moser & Wanda Shannon Jenkins & Sharon Gupton State Property Tim Walton & Mike Moser & Hillard Sheri A. Montalvo Wanda Hillard DEMLR/DWR: Sheri A. Montalvo (NC DOT) Kristy Lynn Carpenter Kristy Lynn Carpenter DEMLR Sediment & Erosion Pon Sams Samir Dumpor Storm water Christine Hail Roger Thorpe DWR 401 Robb Mairs (Carteret New Hanover Chris Pullinger Onslow, Pender, Brunswick— until further notice) (NC DOT) Joanne Steenhuis Brunswick, New Garry Ward Hanover, Onslow, Pender WRC Maria Dunn ( Maria Dunn (WARO) WRC (NC DOT) Travis Wilson Travis Wilson Natural Heritage Program Rodney Butler Rodney Butler T:\MAJOR PERMITS SECTION\Permits\Forms and Templates\Admin\Maj Comment Distribution Sheet 2020.docx Revised : S/7/2019 H A DIVISION OF COASTAL MANAGEMENT - FIELD INVESTIGATION REPORT - •- 1. 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 4. INVESTIGATIVE PROCEDURE:Dates of Site Visit— December 2016 Google Photography and future site visit with DMF Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received—12/8/2016 Application Complete-1/6/17 (due to design change and - new drawings) Office — Morehead City 6. 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 HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Shallow Bottom N/A 33,088ft' N/A (D) Total Area Disturbed: 33,088 ft2. (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' n1w clearance of water depth above the reef balls). It is also not within any defined critical habitat areas for Field Investigation Report NCDMF AR-390 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 33,0802 (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 nm 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 AMV. The northern perimeter of the site boundary is approximately 250' from the proposed reef site. 10. Project 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 comers would be marked per DW, however the method and materials were not specified. 11. Anticipated Imoacts: The proposed artificial reefs incorporate 33,088ft2 of 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 Al W 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 AIW W. 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 Marinensheries E VIRMMENTALGUAtT' PAT McCRORY Gov r DONALD R. VAN DER VAART . secretory MEMORANDUM TO: Heather Styron; Ryan Davenport Division of Coastal Management, CAMA THROUGH: Jason Peters (Artificial Reef Coordinator) Division of Marine Fisheries, NCDEQ FROM: DATE: Amy Comer Flowers (Artificial Reef Biologist) Division of Marine Fisheries, NCDEQ Modified Date: January 6, 2016; Original: December 7, 2016 BRAXTON C. D"IS akeemr RECEIVED JAN 0 6 2017 DCM- MHD CITY SUBJECT: 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 34° 43.110' N, 76° 48.020' W (Figure 1, 2). The delineated S-acre site (-900 feet by `240 feet) is located Sate of NorthCaroQna I EmAramemaltuaGty I Madnenshertes P013=7691 3441AtendellSkeet I MoteheadC0*NC26557 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 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 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 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, 26162nd Edition (Attachment 1). Construction materials forthis 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. Sate arNorth Carolina I EnvvanmertaiQuzBty I MatineiWmin POBoz769 13441Arenddl Street I Morehead Clty.NC28557 2527267021 T RECEIVE,) JAN 0 6 2017 DCM-11HD CITY AP*1601. -Lm.Wow ha D)4Tptm ml Lotwo Poaozr site owsft 01. M*e Flahe4o 4A - ".-Ad"4ffdftmXfift8—b" R4 1 AM-WOI a momh"o oty NO ;� 7Faiean FMN&fi6 a 4FCWM moMthuft.on bwjp Form DCM MP-1 (Page 2 of 4) APPLICATION for ' Major Development Permit Project Location Cpunty(canbamultipie) Street Address State Rd.lF Carteret WA N/A :Subdivision Name City State Zip . WA N/A . NC WA - Phone No. Lot No.(s) (d many, attach adcttlonal page wb ffso N/A- exL WA, -a: In which NCdver basin Is the project located? b. Name of body ofwater nearest to proposed project White Oak River Basin Bogue Sound 6. *Is thewater body ktenfifled In (b) above, natural or manmade? ®Natural ❑Manmade ❑Unknown d. Name me closest mayor ter body to the pryop�osed project site. Atlantic OCeenWill tom''I40 .e. Is proposed walk within cltytimitsorplanningjurisdklton? f. If applicable, list the planning jurisdiction or city limit ft proposed ❑Yes HNo . work falls within. N/A 4. Site Description ' J, .Total length of shoreline on the tract (R) b. Size of snore tract (sq.R) th ,o n/a Size of individual lolls) d. Approximate elevation of tract above NHW (normal high walso or 5.0 acres = 217,472 art ft. NWL (normal walar laveq .(l!'manylotafms,pleaseallschaddWarialpagewith oraq -19 ®NHWor❑NWL 'e. Vegetabon on trail I. Man-made features and uses now on tract .- - - none a PU16, � a `q. Identity and describe the existing land uses adlace 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. It. How does local government zone the tract? L Is the proposed prolectconsistent with theappllcablezoning? :. WA (Attach zoning compliance cedtfxate, if applicable) . []Yes ❑No HNA J. Is the proposed activity part of an urban waterfront redevelopment proposal ❑Yes HNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ❑No HNA It yes, by whom? WA I, Is the proposed project located In a National Registered Historic District or does l Involve a ❑Yes HNo QNA National Register listed otelig0xe property! <Form continues on next pages 282.800.2800':: 1-888-4RCOAST :r www.necoastalmanagement.not to APPLYZATIptifor: Major DWtVQP)niint Porte 13yea ONO flye$ ENO (A ch dbvmTijn&ffiK ffavaNbAll NA d&RhIq w3bsrtupo4#jsOwtb, WA, c Wo We P?*Gf b.4 fbr Wmawiclol. PWA at -pr4raittlim 4 2gptjb � b, t*4 brw - OrJai 01. . PIrogram 0. Q Wary&' . C&MMor6 - .1: TfiWo nii atttisttrres 96i"prnvitle assential #8h NibAst fbijuvenfle and adulfnfe stqesof ikftt� a*I&OW, add irlVetfebratas Ahtk atea.eattvdi at tot t tact lnoiri a reorea6crtaf4w Qfe4vjpmeDt*ard Aire. itis to i7i s p - W a(p*-tbf rooaIchi I �TEM *hemeta i-migo'*hdo(ot4condmiell eploymentson sb.ahirway. omtrifm TOO pe*mlf Val be66 0* 4LAINI cloolo".4o to rhark lockions ihMtbt aft'llet W1 dntute odmiko"p4anpa. Ail OW*dnt V& bo "W.Wgd-W. oonlimtor or. Gwalow-jo asNefordePF 6ftabige. VVe ofoFAatarfalsa W area; us[ �aftr*AQ ' 0#0th?. Alm DWt or MAotdo QUw.omo- EINA of BM4061340 has 0eWgdlied Lo 01?- h. t7esen'be'bce�oaaed' prop dkOha(gostowateisorilie.SPaio: WA (fy",wuthW&Ch8fpd WSW N 01(fig"m 30* G� the mq6" WOO ET&ff IWO RRk E116P ®No DNA Ifyes, attach a mtttgdtlon pmposit Z�% <Form continues on back> )n . meddiaon to uaa completed application (DIM, (MP-1) fire folkwing Hams below, ifappflcable, must be submitted n order for the Wilbaflan pedrage to be complete. Items (8) - (0 are aNreys applicable to any malordevelopmerd app)bePon. Please consult the apploaGar ;pwruction booklet on how to proparfyprepare the regelrad llems below. a. A projed narrative. b.. An accurate, dated work plat (induding plan viewand cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish -between work completed and proposed. . cr.A site or location map that Is suHidently 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 underwhich the appiloant claims title to the affected properties. a. The appropriate application fee. Check or money order made payable to DENK . f.=A fist 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 Nam? N/A Phone No. Address Name WA Phone No. Address . Name N/A Phone No. . • Address . g..k fist of previous state" federal permits issued for work on the project tract. Include permH numbers, permidee, and Issuing dates. N/A N/A 17 N/A WA h. Signed consultant or agent authorization form, If applicable. .i.. Welland delineation, H necessary. - '..f, ;'Aalgned AEC hazard notice for projects In oceanfront and inlet areas. (Must be slgnedbypropadyow r) {k A statement of compliance with the N.C. Environmental Policy Ad (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 documentrig complianos with the North Carolina Environmental PoficyAct. APPLICATION for Major Development Permit r. ueROleaaon ena Ye/Rlrssion to Corer on Lana ,,,j, understand that any permit issuetl 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. 1 certify that I am authorized to grant, and do In fact grant permission to tepresentatives 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 projecL I further certify that the information provided in this application is truthful to the best of my knowledge. %,"bate _1217/16 Print N _ Jason Pe rs Signature Please indicate application attachments pertaining to ', ODCM MP-2 Excavation and Fill Information pDCM MP-3 Upland Development ODCM MP-4 Structures Information r6d project. ❑DCM MP-5 Bridges and Culverts 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net FOOM DCM MO-4 EXCAVATION and FILL . (Except for bPidgeg aqd culverta) Agaeh,thrs4orm fo folptAppfration forCAMAMajor Perirji[ Form OCJu( tujR t Be sure tocgmplete all other sechgns of the Jemt Ap�rllcation that ra(at6 to this proposed project Please m'Rlude, all supplemen(al iiiformahon .. . Describe below tt a purpose of proposed eitcavahon andlor fill activities All values should he given in feet. Access .. .::: .: ;:. Other ' fNLW Channel or '. Canal 9oatBasin- HoatRafnp, Rock Groin Rock Breakwater (excluding%': `- shgrelrne ..` : NWL .... stabilization. Length wlda; ;77 AVg ;Ezistin Depth' ; a IJA : tJA 6 5 mica ' F: Frrial'Project Depffi NA NA mjty. , 1 EJICA VA TlON ®ThlssecNPnnotappirca6lq - a� Amount ofmatgttaftobeexcavatedfmmbelowNNWorNyVlfi b:_ Type'oSmeterraltobeexoavated '. cublc yards ...;:; el d. High ground exwvauonna tilt yards. c :O_Dcesthe area tptieexcavated lndudeioastal wellandslnlarsh s :{CW) subrh tyedaqusucvegetahgn{SAV), shelibottom:I ror ot'erwOtla Ws(f(YL)? Il shy boxesare Checked Drovajeihe "nUrn er of sgi(are feet affected ?? .. .. . ` . " iOSAv' OWL :. ..(ti) Descnbe Die purpose of the excavation inlhese areas;. - - .. :,•- x 1 l " TfsnoOSPOAF)EXCAtppca e ,'- a Locationofftposalr.- b D ehsioeaofcrapDSaIsirs d46 c`{i)'Doyoucaxqbdgtodisposalarea ? d,'{��lMltadsposalareabe-avadableforfuturemarptesarice? ..OYes ❑No.❑(Vl1 -: ...: _� ., Yes. �No �1KA.y`- If no attach a totter granting permission from the ownef .. - - A fl Does One disPpsel area include ady,&Os5(al waUapdshRatsh ":•{CtN)submefgeil f ' goes the disposa6lpQDAe any areii 0 th.O-w ar7 �r aquatic vege(@Icon (SAV)shell bottom�jNj es. []tk QNA.<- - t - -:-:or other wetlahtliMt,)?.it any boxes ere ofiecrad prohdalhe t - -=� number of sgyare feel affected '':' ib)Ifyes how much waleFarears affected? .: ❑WL: - ❑None : , - Dascn6e thepuryose ,(Il) of disposatinthr?sa areas J. Z. �52,000 2808 N1-�86'4RCDAST iiiww necoastalmahaddment net - revised 121261D6 form ACM MP-2 (Excavation and Fill, Page 2 of 3) SHORELINE STABIUZATION. (If development Is a wood groin, use MP-4—Staictures). aL. Type orshorallnestablitzation; '013ulkhaadl DRIprap, []Breakwater/Sill DOther. Average distance watermrd of NHW or NWL: Type of stablUzatiln material,. g,; Number of square feet of fill to be placed below water level. Bulkhead bacldfll Riprap Breakwater/Sill Other Source Of fil I material. FILL AC77WITES y Shoreline Stabilization) Width: d. Maximum distance waterward of NhW orNAL f. (I) Has them been shoreline erosion during preceding 12 months? Elyse EINo DNA ('u) It yes, state amount of erosion and source of erosion amount Information. h., Type offill matodal. . 0 This section not applicable tl).Will 101 M01101`181 00 br0Ugl1tt0 the sfte? Eyes UNO UNA b. (1) Will fill material be placed In coastal wellands/marsh (CM. If yes, submerged aquatic vegetation (M), shell bottom (SO), or Amotmt other wattanft (WL)? If any boxes are checked, provide the atedal to be placed In the water number of square feet affected. Dirrienskins, of fill am DCVV — EISAV — 0813 (a imenslonsoffiliare Q�upwimmyWo permitted avail. +9Wa"j)p1, 0 1 CJWL _ ®None average do = 45, NIM (ID Describe the purpose of the fill In these areas: i fict depth - -S,S• NIA ALL ) material pro ale (IV) Purpose of fill The goal of North Carolinas artificial reef program Is to develop, maintain, evaluate and administer a successful system of artificial rests for the purposes of enhancing marine fisheries habitat and public fishing opporituititers. now WIN excavamn or nu 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 a 'unilar to a reef ball, howdver rather than round design, re5 these are square. These types of structure% of the more commonly known reef baft, are corrumonto artificial reef construction, have proved to be durable and stable. caornoe, or nyoraunc arectieff Artificial reef materials are brought to the site on a barge and Wheal Loader or other heavy equipment will release Individual units at each specified latitude longitude. The units then oink straight down and settle on the bottom 10) Wig navigational aids be required as a result of the project? d. U) Will wetlands be crossed In transporting equipmeritto project ®Yes Elmo DNA site? [3Ye3 ®No DNA If yes, explain what " and how they will be implemented., Q5 If yes, explain step that will be taken to avoid or mlnlmko NCDMF will mark the four comers of the proposed reef site with environmental impacts. mpdate artificial reef siginage. ipp N/A :, I-SOBARCOA3T.. revised: 12tW06