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