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HomeMy WebLinkAbout80-17 NCDMF AR-491mnit Class 4EW Permit Number 80-17 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission or 4'r for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to NC Division of Marine Fisheries, PO Boa 769, Morehead City, NC 28557 Authorizing development in New Hanover County at the Cape Fear River, adjacent to Carolina Beach State Park. Carolina Beach , as requested in the permittee's application dated 4/13/17_ incl. attached workplan drawings (8) Figures 1 3 and 4 of 8, dated 2/2/17, and Figures 2 and 5-8 of 8, dated 2/17/17. This permit, issued on June 27, 2017 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may to tines, imprisonment or civil action; or may cause me permit to De nuu ana voia. Artificial Reef AR-491 1) In accordance with commitments made by the permittee, reef construction within the site shall be accomplished using crushed concrete as depicted in the attached workplan drawings Figures 1-8. All materials shall be free from loose dirt or pollutants except in trace quantities. 2) In accordance with commitments made by the permittee, the corners of AR-491 site shall be marked with signage as determined by the USCG private aids to navigation. RECEIVED JUL 0 7 2017 (See attached sheet for Additional Conditions) DCM- MHD CITY This permit action may be appealed by the petmittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2020 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. _2��g V- &d0ar— jyR BraxtofiT. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NC Division of Marine Fisheries Permit No. 80-17 Page 2 of 2 ADDITIONAL CONDITIONS 3) The permittee shall be required to repair, maintain and/or remove any components of the reef that are displaced from the reef site boundaries as depicted in attached workplan(s). The permittee shall be responsible for removing all portions of the reef should the site be terminated or displaced beyond repair. NOTE: Future development at any of the permitted Artificial Reef site may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. 4) No fill material shall be placed at any time in any waters outside of the alignment of the fill areas indicated on the attached workplan drawings. Any expansion of the reef beyond the 1-acre reef site'described in the application shall require additional authorization. 5) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters adjacent to the authorized work. 6) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirege jf be1 s the permitted activity without having it transferred to a third party. Uss.(� t General JUL 0 7 ZOV 7) The permittee and/or his or her contractor shall meet with a representative of qeWibA ITY project initiation. 8) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 9) No Coastal Wetlands shall be excavated or filled, even temporarily. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. 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 authorized the proposed project by way of General Permit 198500194 (Action ID No. SAW-2017-01029), which was issued on 5/22/17. NOTE: The N.C. Division of Water Resources authorized the proposed project on 5/24/17 (DWR Project No. 2017-0546). NOTE: An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. Division of Coastal Manasement Application Processing Notes Applicant: tiL 'JMF / - — 4 C, — Type (check all that apply) NEW ✓ MAJOR MOOD MINOR MOD RENEWAL TRANSFER Permit Coordinator: ' 1 " ccc4 Field Representative: C S ya? ws Date/Time Messa e t reCF PLYM& J.O C3,DW Ao fL� Dw Ytq - w" C-'Akt+ok . isSuc. jsi-,Le Ctrs ( -ot- Co- axktn.e adcllt. Y11R JA fo 014vl! 6LS r� c ovJr ru d t" i r j'1a�rah�+' RECEIVED JUL 0 7 2017 DCM- MHD CITY -DIVISION OF COASTAL'MANAGEMENT -- - - Application Processing Notes Applica Type: (check all that apply) New Major Mod_ Permit #_ Minor Mod_ Renewal_ Transfer. Permit Coordinator: Field Represe Date Time Message q2&/0 .eNkwJtd &eoo rr} ho CS,V[A),�f rcL/iCL/0 G12-7/i1 �LV',eJ(A J,fafr rm& w) btt,Gl3 ('l®� �l� 1ST OU>✓ S1RC2 �i�(S (��(I CW11 vl� DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: NC DEQ Division of Marine Fisheries COUNTY: New Hanover PROJECT NAME: Artificial Reef Site 491 (AR-491) LOCATION OF PROJECT: adjacent to Carolina Beach State Park, off Dow Road, at 1010 State Park Drive, within the Cape Fear River, in Carolina Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-13-17,11 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: n/a FIELD REPRESENTATIVE: Courtney Spears DISTRICT OFFICE: iI7LM17VGT0N n c DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $475 electronic transfer offunds �0/40 PUBLIC NOTICE REC'D: 4-29-17 `/ END OF NOTICE DATE: 5-20-17 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: 1��� MAIL OUT DATE: 4-26-17 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY DEED REC'D: ON: 150 DAY DEADLINE: STATE DUE DATE: 5-20-17 FED COMMENTS REC'D: DRAFT AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Division of Community Assistance t �I 27 1 / Division of Coastal Management-LUP Consistency to13 17 Public Water Section (DWR) Land Quality Section (DEMLR) cS l 1 Division of Water Resources - 401 Section JAtd t 7 i ZO 17 OSq(, Storm Water Management (DEMLR) S I q (% State Property Office 5 1 MEWED Division of Archives & History APR 2 S 2017 Division of Marine Fisheries - Shellfish Section �� 17 Cc — r t• q Division of Highways (NCDOT) f5 (f$ 1 oval Wildlife Resources Commission 7� Local Permit Officer Dept. of Cultural Res / Underwater Archaeology Division of Marine Fisheries - DCM Tl S'It i Corps of Engineers - Regulatory Branch S/ /p i 6P 1 q�S� j b 5 S1 tL 7-01 t 2y Recommendations for Carolina Department of Environmental Quality Division of Marine Fisheries AR-491 4/26/2017 It is the opinion of this office that the proposed work is CONSISTENT with the Use Standards for Estuarine Waters and Public Trust Areas, as set forth in NCAC 07H .0206 & .0207. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. RECEIVED APR 2 8 2017 DCM- MHD CITY Al MEMORANDUM To: Heather Coats Ow From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, NCDEQ - DMF, Carolina Beach, New Hanover County Date: June 13, 2016 This project appears to be consistent with the Town of Carolina Beach Land Use Plan. ildift Ago The applicant proposes to construct an artificial oyster reef in the Cape Fear River adjacent to Carolina Beach State Park for habitat and recreation enhancement. The project is located adjacent to Carolina Beach State Park off Dow Road. Areas of Environmental Concern (AEC's) impacted by the proposal are EW and PTA. The Waters at the project site are classified as SC and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Carolina Beach Land Use Plan and offer the following comments. The AECs impacted by the work are classified as Conservation. In general, the Town of Carolina Beach allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Town of Carolina Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project appears to be consistent with the Town of Carolina Beach Land Use Plan. Cc: File IN - Coastal Management ENVIRONMENTAL QUALITY April 26, 2017 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cDncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: NC DEQ Division of Marine Fisheries Project Location: adjacent to Carolina Beach State Park, off Dow Road, at 1010 State Park Drive, in Carolina Beach, within the Cape Fear River Proposed Project: to construct an artificial oyster reef for habitat and recreation enhancement Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by May 20, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 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. SIGNED m v `� < < DATED 17 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 r tom' ROY COOPER Governor 1a � MICHAEL S. REGAN Secretary CoastalManagement BRAXTON DAVIS ENVIRONMENTAL QUALITY .Director April 26, 2017 TO: Dan Sams District Manager-DEMLR Wilmington Regional Office FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCcilncdenr.gov Fax: 395-3964 (Courier 04=16-33) SUBJECT: CAMA /Dredge & Fill Application Review Applicant: NC DEQ Division of Marine Fisheries Project Location: adjacent to Carolina Beach State Park, off Dow Road, at 1010 State Park Drive, in Carolina Beach, within the Cape Fear River Proposed Project: to construct an artificial oyster reef for habitat and recreation enhancement. Please indicate below your agency's position or viewpoint on the proposed project and I turn this,fonn to"Heather;Coatslat the address above by May 20, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 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. SIGNED 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. DATED :�/Q / 2D / 7 DCM WILM NIVED GTON, NC State of North Carolina I Environmental Quality I Coastal Management MAY 0 y 2011 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 _4- Coastal Management ENVIRONMENTAL QUALITY April 26, 2017 TO: Robb Mairs 401 Wetlands DWR-WiRO ROY COOPER Govemor MICHAEL S. REGAN secremy RECEIYED/NCDENR/M BRAXTON DAVIS Director APR 2 6 2017 Water Quality Regional Operations Section Wilmington Regional Office FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: NC DEQ Division of Marine Fisheries Project Location: adjacent to Carolina Beach State Park, off Dow Road, at 1010 State Park Drive, / in Carolina Beach, within the Cape Fear River Proposed Project: to construct an artificial oyster reef for habitat and recreation enhancement Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by May 20, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. f �cjSULGF "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. SIGNED DATED a " RECEIVED \ DCM WILMINGTON, NC MAY 2 4 2017 State of North Carolina i Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 L ROY COOPER Govemor MICHAEL S. REGAN Secretary Coastal Management BRAXTON DAVIS ENVIRONMENTAL QUALITY Director ECEIVE April 26, 2017 APR 2 6 2017 qY: T Georgette Scott Stormwater Section 1 DEMLR - WiRO FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsta'Dncdenr.aov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: NC DEQ Division of Marine Fisheries Project Location: adjacent to Carolina Beach State Park, off Dow Road, at 1010 State Park Drive, in Carolina Beach, within the Cape Fear River Proposed Project: to construct an artificial oyster reef for habitat and recreation enhancement Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by May 20, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 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. DATED ']//Z,�7 RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management MAY 1 9. 2 U17 127 Cardinal Drive EId., Wilmington, NC 28405 910-796.7215 Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY June 12, 2017 Mr. Jason Peters, Artificial Reef Coordinator NC DEO/Division of Marine Fisheries P.O. Box 769 Morehead City, NC 28557 Subject: EXEMPTION Stormwater Project No. SW8170413 Artificial Reef AR 491 Oyster Reef New Hanover County Dear Mr, Peters: ROY COOPER Covemor MICHAEL S. REGAN secretary TRACY DAVIS Director On April 26, 2017, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and specifications on May 12, 2017 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Georgette Scott at (910) 796-7215, or via e-mail at georgette.scott@ncdenr.gov. Sincerely, For Tracy E. avis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/gds: 111StormwaterlPermits & Projects12017 \170413 Exemption12017 06 permit 170413 cc: New Hanover County Building Inspections Courtney Spears/Shaun Simpson-DCM WIRO RECEIVED DCM Morehead City Wilmington Regional Office Stormwater File JUN 19 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I WilMngton, NC 28405 910 796 7215 IdA Coastal Management ENVIRONMENTAL QUALITY April 26, 2017 TO: Tim Walton Dept of Administration State Property Office RECEIVED MAY 01 2017 DOA STATE PROPERTY OFFICE ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS A ..to, FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cilncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: NC DEQ Division of Marine Fisheries Project Location: adjacent to Carolina Beach State Park, off Dow Road, at 1010 State Park Drive, in Carolina Beach, within the Cape Fear River Proposed Project: to construct an artificial oyster reef for habitat and recreation enhancement Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by May 20, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 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. SIGNEDu1 DATED -5A/19 Z10?9$An State of North Carolina I Environmental Qwhty I Costal Management 127 Cardinal Drive Ext., Wilmin6400, NC 28405 OWN010NIWlIM W04 910-796-7215 03AG038 t4-� Coastal Management F H V IRG W W NTAL QUALITY April 26, 2017 7. FMAY 2 2017 i I NISiORIi.r'rcE�cRVATIONOf'rr, ROY COOPER (;0Wmru MICHAEL S. REGAN S[CKrury BRAXTON DAVIS 1h",Yor U6 1 } 0846 NGff�aU TO: Renee Gledhill -Early Dept of Cultural Resources s q - I Archives & History FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm , NC 28405 heathec.coats(Wricdenr gov Fax: 395-3964 (Courier 04-16-33) SUBJECT- CAMA / Dredge & Fill Application Review Applicant: NC DEQ Division of Marine Fisheries Slr��r7 ppe Project Location: adjacent to Carolina Beach State Park, off Dow Road, at 1010 State Park Drive. in Carolina Beach, within the Cape Fear River Proposed Project: to construct an artificial oyster reef for habitat and recreation enhancement Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by May 20, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 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. SIGNED L, . � DATED ,.1411-4 REC;i--,vl_iJ DCM WILMINGTON, NC MAY 12 2017 Srote of North Cadme I Fiwceeoeoml (Heist IComW Mmgpno 127 Crdiod Driw Fja. W"w0i , NC 2EW3 910-"6.7211 MAY 032017 Coastal Management ENVIRONMENTAL QUALITY April 26, 2017 TO: m MAY 12 2017 NC DOT DISTRICT 3 David Harris NC DOT Roadside Environmental Unit ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cDncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: NC DEQ Division of Marine Fisheries Project Location: adjacent to Carolina Beach State Park, off Dow Road, at 1010 State Park Drive, in Carolina Beach, within the Cape Fear River Proposed Project: to construct an artificial oyster reef for habitat and recreation enhancement Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by May 20, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 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. SIGNED 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. DATED °sllS�l DCM RECEIVED ILMING ON, NC State of North Carolina I Environmental Quality I Coastal Management i �'I 127 Cardinal Drive Ext., Wilmington, NC 28405 MAY 8 2917 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY April 26, 2017 TO: Maria Dunn NC Wildlife Resources Commission For WiRO ROY COOPER Governor MICHAEL S. REGAN 3ecmtary BRAXTON DAVIS fH+ecror FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(abncdencgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: NC DEQ Division of Marine Fisheries Project Location: adjacent to Carolina Beach State Park, off Dow Road, at 1010 State Park Drive, in Carolina Beach, within the Cape Fear River Proposed Project: to construct an artificial oyster reef for habitat and recreation enhancement Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by May 20, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 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. SIGNED ;� Tj� DATED ')- lu 7 i' H 4EC :.c1VEb DGM WILMINGTON, NO JUN 2 3 2017 State ofNonth Caroim I Environmcnlal QnelR Y I Coastal MaaWn-1 127 Cardinal Fkiw Ext. Wamingtoo, NC 28405 910-7967215 CoastalAftw ement KN"WNM"TI WALITY April 26, 2017 TO: Abby Lorenzo Local Permit Officer Town of Carolina Beach ROY COOPER Gov mor MICHAEL S. REGAN Secmmry BRAXTON DAVIS D,mc+or FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsanncdenraov Fax:395-3964 SUBJECT: CAMA/Dredge & Fill Application Review Applicant: NC DEQ Division of Marine Fisheries Project Location: adjacent to Carolina Beach State Park, off Dow Road, at 1010'State Park Drive, in Carolina Beach, within the Cape Fear River Proposed Project: to construct an artificial oyster reef for habitat and recreation enhancement Please indicate below our a encys position or viewpoint on the proposed project and „',,, a k. ' "at the address above by May 20, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 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. SIGNED Q���LDATED REG7IVEP DC11A WILMINGTON, NC MAY 0 8 2017 SW or North Cuohm I Envlronmemnl Quality I Coubd Marugmroot 127 Cardinal Drive Eve., Wdmingmo, NC 29405 910-79& 15 TO I� Coastal Management ENVIRONMENTAL QUALITY April 26, 2017 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section ROY COOPER Gommor MICHAEL S. REGAN seerelmy BRAXTON DAVIS Director APR 2 6 2017 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCcilncdenr.nov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: NC DEQ Division of Marine Fisheries Project Location: adjacent to Carolina Beach State Park, off Dow Road, at 1010 State Park Drive, in Carolina Beach, within the Cape Fear River Proposed Project: to construct an artificial oyster reef for habitat and recreation enhancement Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by May 20, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 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. Apr y A.A4 I Ai,v/(h SIGNED DATED �,�O I% RECEIVE® MAY 0 4 2017 State of North Carolina I Environmental Quality I Coastal Management D C M_ M ° O CITY 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Marine Fisheries ENVIRONMENTAL QUALITY May 3, 2017 MEMORANDUM TO: From: Through: SUBJECT: Applicant: ROY COOPER Governor MICHAEL S. REGAN S'r, era,y BRAXTON C. DAVIS Director Heather Coats, Assistant Major Permits Coordinator Division of Coastal Management Andrew Haines, Environmental Program Supervisor Shannon Jenkins, Section Chief Shellfish Sanitation & Recreational Water Quality CAMA Application Review NC DEQ Division of Marine Fisheries Project Location: New Hanover County, adjacent to Carolina Beach State Park in the Cape Fear River Proposed Project: To construct an artificial oyster reef for habitat and recreation enhancement This proposed artificial oyster reef would be located in waters that are currently classified as Prohibited for shellfish harvest, and are less than one mile from a municipal wastewater treatment plant outfall. While it is acknowledged that oyster reefs can have a beneficial impact on this area, there is also a risk that oysters illegally harvested from this reef could cause illness if consumed. The ease of accessibility to this reef increases the risk of illegal harvest either intentionally by poachers, or unintentionally by tourists who are unaware of the surrounding closures and potential health risks, so increased enforcement patrols by DMF Marine Patrol may be required. Marine Patrol should be notified upon completion of reef construction so that closed shellfish harvesting signs can be posted, and so that modified patrol plans can be developed as necessary. RECEIVED Nothing ComparMAY 0 4 2017 es�..� State of North Carolina I Division of Marine Fisheries D C M - M H D CITY 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 252-726-7021 Kl' Coastal Management ElPhOl"WENTAL WALRV April 26, 2017 TO: Curt Weychert Fisheries Resource Specialist MHC-DCM ROY COOPER Gommor MICHAEL S. REGAN Secremry BRAXTON DAVIS DIMC101 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsla)ncdenr.gov 395-396400AWRINW-411 - SUBJECT: CAMA / Dredge & Fill Application Review Applicant: NC DEQ Division of Marine Fisheries Project Location: adjacent to Carolina Beach State Park, off Dow Road, at 1010 State Park Drive, in Carolina Beach, within the Cape Fear River Proposed Project: to construct an artificial oyster reef for habitat and recreation enhancement Please indicate below your agency's position or viewpoint on the proposed project and at the address above by May 20, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 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. DATED / REG._: VED DCM WILMINGTON, NC RECEIVED MAY 0 5 2017 State of North Carolina I Enw anal Quality I Coastal Management 127 Cardinal Drier Eat., Wilmington, NC 28405 910-796-7215 APR 2 S 2017 DCM- MHD i.; T Y Coastal Management NV EIRONMENTAL GUALITV MEMORANDUM: TO: Heather Coats, DCM Assistant Major Permit Coordinator FROM. Curt Weychert, DCM Fisheries Resource Speciali SUBJECT: NC DEQ Division of Marine Fisheries, AR-491 DATE: May 5, 2017 ROY COOPER Cows MICHAEL S. REGAN S=ssary BRAXTON DAVIS Dl> , A North Caro.lina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application fonproposed actions that impact fish and fish habitats. The North Carolina Division of Marine Fisheries (NCDMF) Artificial Reef (AR) Program is seeking to construct the first installment of an estuarine artificial reef within the Cape Fear River. The project will cover one acre of bottom with crushed concrete to create habitat for fiinfish and invertebrates. As per our discussion at the multi -agency scoping meeting on April 4, 2017, the use of concrete as opposed to a less dense material might help with long term stability of the reef. Additionally, the initial construction of only one (1) acre within the five (5) acre site will allow assessment of the material and its biological suitability as habitat. If future enhancements are to be planned in the future, any documentation proving material stability within the permitted boundaries, as well as data supporting the deployment of material acting as beneficial habitat would likely serve to address any fisheries resource questions.. Contact Curt Weychert at (252) 808-2808 ext. 213 or Curt.Wevchert@ncdenrsoy with further questions or concerns. state of North Carolina I Fnvironalental Quality I Coastal Management 400 Co t mmce'Avenue I Morehead City. NC 28557 252-808-28081252-247-3330(11m) DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343, May 22, 2017 Regulatory Division Action ID No. SAW-2017-01029, General Permit No. 198500194 i• North Carolina Department of Environmental Quality Division of Marine Fisheries Attn: Mr.. Jason Peters Post Office Box 769' Morehead City, North Carolina 28557 Dear Mr. Peters: Through coordination with the North Carolina Division of Coastal Management; we have learned of your request to construct an artificial oyster reef for habitat and recreation enhancement, off Dow Road, at 1010 State Park Drive, within the Cape Fear River, in Carolina Beach, New Hanover County, North Carolina. Coordinates are: 34.0429 N,-77.89658 W. . On January1, 2017, we renewed General Permit No. 1978500194, (copy enclosed), that 'authorizes the construction, maintenance and repair of artificial reefs in coastal and offshore waters, aspart of work conducted by the North Carolina Division of Marine Fisheries (NCDMF), within all waters subject to the regulatory jurisdiction of the Wilmington District, Corps of, Engineers. General Permit No: 1978500194 expires. December 31, 2021. Your work is authorized provided it is accomplished in strict accordancewith your submitted plans, the enclosed general and special conditions. Please read the enclosed permit to prevent an unintentional violation of Federal law. 'As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. Received MAY 2 4 20V DCM -2- Thai* you for your time,and cooperation. if you have questions, please conram: wir, iper CrumbI , ey, offhe Wifn)ingtoii Regulatory Field.Office, telephone: (910) 251-4170. Sincerel Tyler Crumblcy, Project Manager. Wilmington Regulatory Field Office Enclosure: GP 194 conditions Copies Vitirrahed (without enclosure): Ms. Heather Coats Division of Coastal Management North Caiolina Deparinient of 'Environmental Quality '127 Cardinal Drive Extension- Wilinin gtop, North Carolina 28405 •Mrl Doug Huggett North Qarblirm Department of 'Environ mental' Division of Coastal Management 400 :doniner6b Avenue Morehead. City, North Carolina 28557-3421 Ms. Karen Higgins Divisionof Water Resources North Carolina Department of Environmental Quality 1 650;Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Robb Mairs Division of Water Resources North Carolina Department of Envirormental Quality 127C,ardinal;Driye Extension Wilmington; North Carolina 28405 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 http://,A-Aw.saw.usace.army.mil/Missions/Repula ryPermitProgramasm General Permit No. 198500194 Name of Permittee: General Public Effective Date: January 1, 2017 , Expiration Date: December 31, 2021 DEPARTMENT OF THE ARMY GENERAL (REGIONAL) PERMIT A general permit to perform work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403)„ Section 404 of the Clean Water Act (33 U.S.C. 1344), and Section 4(e) of the Outer Continental Shelf Lends Act of1953" [43 U.S.C. 1333(e)] is hereby renewed and modified by authority of the Secretary of the Army by the District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers. 69 Darlington Avenue Wilmington, North Carolina 28403-1343 TO AUTHORIZE THE CONSTRUCTION, MAINTENANCE AND REPAIR OF . ARTIFICIAL REEFS IN COASTAL AND OFFSHORE WATERS, AS PART OF WORK CONDUCTED BY THE NORTH CAROLINA DMSION OF MARINE FISHERIES (NCDMF), WITHIN ALL WATERS SUBJECT TO THE REGULATORY JURISDICTION OF THE WILMINGTON DISTRICT, CORPS OF ENGINEERS. The following definitions shall be used for purposes of this regional general permit(RGP): a. Artificial Reef Structures that are constructed or placed in navigable waters of the United States or in waters overlying the outer continental shelf for the purpose of enhancing fish habitat, fishery resources and commercial and recreational fishing opportunities. Artificial reefs do not include.pilings, bank and grade stabilization structures, wing deflectors, dolphins, jetties, breakwaters, groins or other structures that are not placed for the purpose of enhancing fishery resourcesand fishing opportunities. b. Fish AggregatingDevice: evice: Man-made objects used to attract ocean going pelagic fish. The devices usually consist of buoys or floats tethered to the ocean floor with concrete blocks. Fish aggregating devices are primarily used to attract fish for commercial fishing. and are not placed to enhance fish habitat. For, artificial reef projects sited in navigable waters and/or the outer continental shelf: Information on new site development, including additions or boundary modifications to existing reef sites,• will be provided`io the following agencies for comments for a period of 30 days. The District will also provide acopy of the verified general permits to the'following agencies: National Geospatial-Intelligence Agency Maritime Safety -Information Division — 7500 GEOINT Drive Springfield, Virginia 22150 NationalMarine Fisheries Service Office of Marine Recreational Fisheries 1315 East-West Highway Silver Spring, Maryland 209111 Director Southeast Region National Marine Fisheries Service. 263 13`s Avenue South St. Petersburg, Florida 33701 Assistant Secretary of the Army histallation, Energy and Environment ASA (IE&E) 110 Army Pentagon Washington, D.C. 26310-50110 Department of Commerce, NOAA Nautical Data Branch,.N/CS26 1315 East-West Highway. Silver Spring, MD 20910 (e-mail: ocs.ndb0,noaa ov) Commander (DPW) Fifth Coast Guard District, 431 Crawford Street Portsmouth, Virginia 23704-5004 2 For artificial reef projects sited on'the outer continental shelf - Information on new site development; including additions or boundary modifications to existing . reef sites, will be provided to the following agencies for comments for a period of 30 days: The District will also provide a copy of the verified general permits to the following agencies: I - Department of the Navy Office of Judge Advocate General (Code 11) 1322 Patterson Avenue SE Suite 3000; Building 33 Washington, D.C.20374-5066 Bureau of Oceans and International Environmental and Scientific Affairs - U.S. Department of State (OES) 2201 C,StrcetNW Washington; D.C. 20520 Special Conditions - a. Prior to construction of any new artificial reef, including additions or boundary modifications to existing sites, the following information will be provided to the North Carolina. Division of Marine Fisheries (NCDMF) and to the Wilmington District, Corps of Engineers, Regulatory Division (Corps): i. The NCDMF reef number and the location of the structure and reef site expressed -in both latitude/longitude, with a statement of horizontal datum (NAD83 or WGS84). Plans for circular shaped reef sites must show the coordinates of the center of the, reef site and must describe the radius measurements of each circular reef site. Plans for reefs sites shaped as polygons must show the coordinates of all vertices. ii. Plans of the proposed work (on 8-1/2-inch by 11-inch paper), showing all pertinent structures, elevations, clearances, dimensions, types and quantities of materials, the relative locations of all structures and boundaries of the reef site. iii. Water depths and vertical clearances measured in feet from Mean Lower Low Water (MLLW) as used by the National Ocean Service (NOS) navigation charts. iv. The site's proximity to shipping lanes and general navigation channels. v. Approximate commencement and completion dates. vi. Description of site conditions as evidenced by marine survey or inspection performed or approved by NCDMF. 3 l vii. Anchoring methodsto be used. viii,. Fishery -management objectives, including the.goals of the reef site andahe -types of fisheries the project will be enhancing. ix. A general.description of how the reef will be constructed, managed and monitored. b. Construction may not proceed until the NCDMF has obtained concurrence from Commander (SPW)', U.S. Coast.Guard Sector North Carolina, 23'61`East'Fort Macon Road, Atlantic- Beach; North Carolina,28512-5633 for the location.and clearance depth:"If required by the Coast Guard or deemed necessary by NCDMF, a private aid to navigation application (Form CG-2554) approved by Coast.Guard Fifth District shall be furnished to.the: Wilmington District Engineer. k ' c. For new reef sites, including additions or boundary modifications to existing reef sites, no work will commence until the, NCDMF has received written notice to proceed from the Wilmington District Engineer. This notice may include appropriate conditions or restrictions. Such conditions or restrictions will be enforceable idaccordance-with normal enforcement procedures and authorities. d. All material placed to construct reefs (specifically designed reef modules) will be selected and placed so as to avoid the movement _of regf material's due to sea conditions or currents. The permittee will.be responsible for any materials which are moved by sea conditions or which break loose from reefs, and the permittee will be responsible for any damage caused by such materials. i. e. - All materials used for construction of reefs shall.be consistent., with the National Artificial Reef Plan and will be-clean'and free of petroleum and other hydrocarbons (oil; grease, asphalt and creosote), toxic residues (mercury, cadmium andaead) and loose, free floating material and other deleterious substances -and/or in compliance with criteria established by the U.S. Environmental Protection -Agency (EPA). L All material will be available for inspection by the EPA and/or the Corps or their designated representative prior to placement. Prior to the use of vessels subject to P.L. 92402, the NCDMF must notify the EPA. Prior to the use ofvessels not subject to P.L. 92402 or any other proposed reef materials; the NCDMF must notify the Wilmington District Engineer. All " ii reef material must be certified by the reviewing agency as acceptable before placement can be performed. g. The use of tires, Fish Aggregating Devices (FADs), post use sanitary sewer materials, automobiles and other civilian vehicles, white goods (refrigerators; washers; etc.) boat molds, floatablesi.loose organic, material and general demolition debris, otheratian clean concrete units to form reefs, are not authorized by this Regional General Permit (RGP). 4 h. The NCDMF will be responsible for maintaining any clearance above the reef or device required by the U.S. Coast Guard, the Corps and/or any other appropriate regulatory agency. i. This RGP does not authorize the placement of material within any jurisdictional wetland, submerged aquatic vegetation bed, coral reefs, oyster reefs, mussel beds, scallop beds, clam beds or live"bottoms'(areas supporting the growth of sponges, sea fans, soft coral and other sessile macro invertebrates generally associated with rock outcrops). j. The NCDMF will coordinate with the owner or operator of any utility line or other structure located within the immediate work area prior to the commencement of reef construction. k. Artificial: reefs shall not be located in shipping lanes, general navigation channels or established anchorage areas where such structures would be an impairment, to navigation and/or anchorage. 1. This general permit does not authorize construction within danger zones or restricted areas identified in 33 CFR 334, within marine sanctuaries established pursuant to the Marine Protection, Research and Sanctuaries Act (16 U.S.C. 1432), or within material areas leased by the Bureau of Land Management. in. The construction, maintenance and repair of reefs will be designed and accomplished in such a manner so as to avoid altering shoreline or near shore bottom profiles or cause shoreline or near shore erosion or accretion. n. This general permit does not provide authorization for the construction of artificial reefs, in designated shrimp, fish or shellfish trawling areas as established by the NCDMF, unless, in the opinion of the Wilmington District Engineer, such construction would not constitute a hazard to trawling activities. o. Should all or part of a proposed development activity be located in an Area of Environmental Concern (AEC) as designated by the North Carolina Coastal Resources Commission, a Coastal Area Management Act (CAMA) permit is required from the NCDCM before the onset of the proposed activity. Should a Federal activity within any one of North Carolina's twenty coastal counties or which could affect a coastal use' or resource in any one of North Carolina's twenty coastal counties be proposed by a Federal agency, a consistency, determination pursuant to Subpart "C" of 15 CFR 930 must be prepared and submitted by that Federal agency to the North Carolina Division of Coastal Management before the onset of the proposed activity. p, The permittee must notify the National Ocean Service (NOS) in writing, upon first deployment of the reef material and upon completion of the activity authorized by this general permit. Your notification of completion must include a drawing which certifies the location and configuration of the completed activity (as built drawing). Notifications to NOS will be sent to ocs.ndb(@,noaa.¢ov or to the following address: Department of Commerce, NOAA Nautical: Data Branch, N/CS26 131SEast-West Highway Silver Spring MD '20910 q. The permittee must notify and/or provide pertinent project information to Coast Guard -Sector North Carolina at least three weeks prior to construction or placement of reef material. `Notificationsto Coast:. Guard Sector North Carolina can be sent to NCmarineeventsAuscg.mil or to the following address: USCG Sector NC Waterways Division 721'Medical' Center'Drive Wilmington, North Carolina 28401 'General'Conditions 1. a. Authorized structures located on or adjacent to Federally authorized waterways will be . constricted in accordance with the, latest- criteria established by.the District Engineer, Wilmington District. You may -review the setback policy at hgp://www.saw.usdce.armv.mil/Missions/Navigation/Setbacks.aspx. This general permit does not authorize the construction of hardened or permanentlyfixed structureswithirrthe Federally Authorized ChannelSetback, unless the activity is approved by the Corps.' b. Except as authorized by this general permit or any Corps approved modification to this general' permit, no excavation; fill or mechanized land -clearing activities shall.take.place within waters or wetlands, at any time in:the construction or maintenance ofthis project. This general permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill'activities connected with this project. c. Authorization under this general permit does not obviate the need to obtain other federal, state, or local authorizations. d. All, work authorized, by this general permit must comply with the terms and conditions of the'.applicable.Clean Water'Act Section 401 Water Quality Certification for this general permit issued by the North Carolina Division of Water Resources. e. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands.outside the permit area. This shall include .but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill; and the immediate stabilization of all disturbed areas. Additionally, the project.must remain in full compliance with' all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter l 13A Article 4). f. The activities authorized by this general permit must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for a reason other than safety. g. The permittee understands and agrees that if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his/her authorized representative, said structure or work' shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United' States on account of any such removal or alteration. h. The permittee, upon receipt of a notice of revocation of the general permit for the verified individual activity, may apply for an individual permit, or will, without expense to the United States and in such time and manner as the Secretary of the Army or his/her authorized representative may direct, restore the affected water of the United States to its former conditions. i. This General Permit does not authorize any activity that would conflict with a federal project's congressionally authorized purposes, established limitations or restrictions, or limit an agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, or obstruct a federally constructed work or project, including, but not limited to, levees, dams, jettys, navigation channels, borrow areas, dredged material disposal sites, flood'control projects, etc., shall be permitted unless the project has been reviewed and approved by the appropriate Corps approval authority. j. The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The. Land Use Coordinator may be contacted at: CESAW-OP-N; 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, email: SAWWeb-NAVQusace.army.mil. k. The permittee will allow the Wilmington District Engineer or his/her representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this general permit. 1. This general permit does not grant any property rights or exclusive privileges. in. This general permit does not authorize any injury to the property or rights of others. n. This general permit does not authorize the interference with any existing or proposed federal project. b.- In issuing this general permit, the Federal Government does not'assume any liability for the followm­g: (I)D.arnages to -the permitted project or uses thereof as a result of other permitted or unpetmitted activities'df-frorn natural causes. (2) Damages to the permitted project or uses thereof as a result -of current or future activities underiaken4by,or on behalf of the United States mi"the-public interest: (3) Damages to persons-, property,, or t6other permitted or uppermitted activities,or structures caused by the activity authorized by this general permit. - (4) Design ,or construction deficiencies associated with the permitted work (5) Damage claims associated with any future modification,.suspeiision, or revocation of this general permit. p. Authorization provided by this general permit may be modified, suspended or revoked in whole or,in in part if the Wilmington District Engineer, acting for,the Secretary of the,Army, determines that such action would be in the,hest , h6'tefin'of this general permit . public interest. T shall be five, (5) yee;s'uni,ess'subject to modification, suspension of revocation.Any modification, suspension o . r revocation of this authorization will not be the basis for. any claim for damages against the -United'States Government. q. No activity may occur in, a component of the National Wild and Scenic Rivers System, or in a river officially designated by Congress as a "study river" foilpossible inclusionjn the system while the river is in an official study status, unless the appropriateFederalagency.with direct management responsibility for such river, has determined iwwri4ink that the proposed activity will not adversely affect -the Wild and Scenic designation, or study - status.. Information on Wild and Scenic Rivers may be obtained from the appropriate Federallaind-management agency responsible for the designated Wild and Scenic River or "study river - (e.g., National Park Service, U.S. Forest Service, etc.) Information on these rivers is also:available at: ,hqp://www.rivers.gov/,. r. This generalpermit does not authorize any activity within, or directly affecting, a marine sanctuary established by the Secretary of Commerce under authority of Section 362 of the r ry. Marine Protection, Research and Sanctuaries Act of 1972, unless the applicarif provides the Corps with a certification , from the Secretary of Commerce that the propose#activity is consistent with the purposes of Title III of the Marine Protection, Research'and Sanctuaries. , tuaries Act. Information on marine sanctuaries may be obtained at hMLJ/sanctuaries'.n'o-aa.'2ov/#MN. Permittees may.noi begin work until they provide the Corps with a written certification from -the Departineni of Commerce. s. In cases where the Wilmington District Engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by the Corps that the requirements of the NHPA have been satisfied and that the activity is authorized. t. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this general permit, you must immediately notify the WilmingtonDistrict Engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The Wilmington District Engineer will initiate the Federal, tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. u. No activity is authorized under this general permit which is likely to directly or indirectly jeopardize the'continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed*. Information on threatened and endangered species and their critical habitat can be obtained directly from the Corps field offices, the USFWS field offices or at the following web addresses: ham://www.fws.gov/ or http://%vww.fws.eov/ionc/ or http://ivww.noaa. P-ov/fisheries.htm 1. Permittees may not begin work until notified by the Corps that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. *Note Section 7 consultation has been completed for the West Indian manatee and the permittee must comply with General Condition "v" in order to satisfy the requirements of the ESA for this species. v. In order to further protect the endangered West Indian Manatee (Trichechus manatus), the applicant must implement the USFWS' Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at htto:/Iwww.Avs.o.ov/nc- es/mammal/manatee puidelines.pdf. w. If the permittee discovers or observes any live, damaged, injured or dead individual of an endangered or threatened species during construction, the petmittee shall immediately notify the Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. x. Permittees are advised that development activities in or near a floodway may, be subject to the National Flood Insurance Program that prohibits any development, including.fill, within a floodway. that results in any increase in base flood •elevations. - This'general permit does not authorize any activity prohibited,bythe National Flood Insurance Piogratn. y. Tlie pemrittee must install and maintain, at his/her expense, any signal lights and signals. . prescribed by,theU.S Coast Guard, through regulations or.otherwwtsse, on authorized facilities: , Fof further information, the permittee should contact Coast ,duard Sectoi North Carolina at (910j 772-2191 or email Coast Guard Fifth District at cgd3watemo6 alusce mil: z. The permittee must maintain any structure or work authorized by, this general permit in good condition and in conformance with the terries and conditions'of this general peanit:- The Pemvttee is not relieved of this requirement if the Permittee abandons the structure or:worL " `"-Transfer in fee sim le of the, work authorized this oral p by gea pemut,will`automatirally transfer t. this general permit to the property s new owner; with ell of the rights and responsibilities enumerated herein:. The permittee, must inforin any subsequent owner of all activities undertaken FF under the'authority of ibis gezieral permit and provide the Subsequent owner;with a copy. of the Y tents and conditions„ofthis general permit. as :At his/her sole discretio n, any tirae'during the processing cycle; the Wilmington District ` Engineer may determine that this general-pemut will not be applicable to a specific proposal. In such case, the procedures`for.processing an individual permit in accordance with.33 CFR 325 Will be available. bb. Except as authorized by.this general permit or any,Corps approved modification to this general permit; all fill material placed inwaters or. wetlands shall be generated from an upland source and will be clean and free of any pollutanN except m trace quantities: cc. Except as authorized by this general permit or any, Corps approved modification to ;this ! general permit, all excavated: material will be disposed'of in approved upliiud:disposal areas., dd. Activities which have -commenced (i.e., arc -under construction) or are under contract to commence in reliance upon this general permit will remain audioii a providedlhe activity, is completed within twelve months ofthe date of the general pe�tt's expirafion; modification,- or-. revocation. Activities completed under the authorization of this gcncW permit that were in effect at the time the activity was completed continue to be authorized by the general pcnnft I BY AUTHORITY OF THE SECRETARY OF THE ARMY: FOR THE COMMANDER C •� I Me d- Chief, Regulatory Division Wilmington District 10 AR-491 Site LocationSnow's Cut Cape Fear River IOU NO o . moo two Fed ® Proposed Comer Points � NCCF Livip Shorelne r. 1 eta ry i�"io•,y r=.• ,.. 4>�i,Cr � 7 :'' ii x e. (lJ� �l_i..L � f/� �' t'S. l p�-• M' l . - �' � 4v,O IM�I 1 ? �,�t ! F!„ 4 l Figure 1. AR-491 proposed location, new Carolina Beach State Park. The proposed site boundary (in green) is approximately 500 feet from the nearest navigation channel. Insets provide context to the specific location proposed. Figure date: February 2, 2017. State of NorthCaroma I Mtdon ofMadne elsherLn 3441ArendeOStreet I P.O.8=769I Morehead City, North CaroUw28557 252-726-7021 AR-491 Site Depth at MLW . • Propoead Comer P&ft Depth WIN N 0 760 380 Feat ' © PmPoead Sib BamdmWs Value I i l l r i i l 25 R. CmMnxtbo B~ Shal ow ' atea� MCCF Uv4p Shmam paap Figure 2. Bath a of the proposed AR-491 at MLW. At the site, de approximately gur ym try p po depth is roximatel I' foot at MLW, and 5 feet at MHW (not shown here). Figure date. February 17, 2017. Sme a Nathcaroko I avrskn ofMmkw rhicrks 3441ArahWUre" I P.0.8"701 V"tfwaddry.Nmsh CmmIm?E5V 252-714-7= ' AR491 Bottom Type u, Ball h 1 r�r,= A p1vM1 4,wlrul �G a. nr f t t 0 iso Sea Fed 1 I 1 1 1 1 I 1 1 ImoropowSO* ccB_ouunddw.ies I� 1wet �MlAR . MPMP"Wsiiw • Hard JiN 0 9114MW Cd • Mud/Sw6Mud Figure 3. Bottom type analysis of the proposed AR491. Survey indicated most bottom in the proposed area is hard sand or hard sand/mud. No shell or SAV resource was found during the survey. Figure date: February 2, 2017. StatedNMLCaragm I DMsIrx1ufL w*WrldxrkS M-MrTw ,. AR-491 Corners M Aq=w 8io ewwd • PtapandCa nwPhift 2511. Canh72am Bair NOWLiftShurarb Figure 4. Location and corner point coordinates for the proposed AR-491, including the 25 ft. buffer of no reef construction. Figure date: February 2, 2017. Stamnf Non cMIGwQ I DwhiMOfMMiftnS nlas 3441AmdeGSVM I P.0.6m 769I W"fwadC4r.Narth CmDOm28557 22-726.7W i a i Substrate - - - -- - --- - ------ Figure 5. Cross-section( side -view of the crushed concrete deployments on AR-491. Note the height will not exceed 12 inches. Figure date: February 17, 2017, Water Column WMo(Md CaruRm I D7NsimafkW*Y Fdwil 3441ArcndtBSM"( I P.O.Bm ?69 I Mmxhcad Qry.Nm hC=Mo 28557 252-726-7021 I Figure 6. Side -view schematic of deployment of crushed concrete material on AR-491. Figure date: February 17, 2017. swwcarmo thc=a= I DhiYmaf m ara,cn-ju 252-M-r021 a_ � - _ ,. ::� ,.. i� .. :: � � .r.. _ .. AR-491 2. 11 3 0 4� N Proposed Comer Points DepthMLW QProposed Site Boundaries Value Sche�flc of 25 It.Construction Buffer Shanow Material rnatic 0 1E0 360 Feet NCCF t.f, Shot.Nte peep WAW Ir r r 1 t r r 1 Figure 8. Site schematic showing proposed material deployment location. Fil 17, 2017. State of NorthCaroltna I DMsbn of MmIr& FW er1n 3441hWde115tr"t I P.O.eox769I M=headQty.NarhCm 9m Z8S57 252-726-7021 1 I 1 1 Coastal Management ENVIRONMENTAL QUALITY April 26, 2017 TO: Heidi Cox Assistant Regional Engineering Supervisor Public Water Supply-WiRO ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Drnn3ar FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cDncdenr.aov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: NC DEQ Division of Marine Fisheries Project Location: adjacent to Carolina Beach State Park, off Dow Road, at 1010 State Park Drive, in Carolina Beach, within the Cape Fear River Proposed Project: to construct an artificial oyster reef for habitat and recreation enhancement Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by May 20, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 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. �C.L, 1A �i DATED M / Z DCM WECEIVED ILMINGTON, NC State of North Caroline I Environmental Quality I Coastal Management MAY 01 2017 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 MOM WI k �- APPLICATION for Meter Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Nodeq /North Carolina Division Of Marine Fisheries AR-491 Applicant 1: First Name MI Last Name The Division of Marine Fisheres Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) 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 252-808-8063 ext. 252-726-9218 Street Address (if different from above) City State ZIP 3441 Arendell St. Morehead City NC 28557- Email jason.peters@ncdenr.gov 2. Agent/Contractor Information Business Name N/A RECEIVED Agent/ Contractor 1: First Name MI Lest to APR 2 8 2017 Agent/ Contractor 2: First Name MI Last Name DC M- M H D CITY Mailing Address PO Box City State ZIP Phone No. 1 Md. Phone No. 2 ext. FAX No. Contractor 0 Street Address (rf different from above) City State ZIP Email <Fonn continues on back> RECEIVED DCM WILMINGTON, NC APR 13 2017 252.808.2808 :: 1-088-4RCOAST :: www.necoastaimanagement.net Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover N/A N/A Subdivision Name City state Zip N/A N/A NC N/A - Phone No. Lot No.(s) (if many, attach additional page with list) N/A - ext. N/A, I , a. In which NC river basln Is the project located? b. Name of body of water nearest to proposed project Cape Fear River Basin Cape Fear River 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 Pink the proposed []Yes ®No work falls within. N/A 4. Site Description a. Total length of shoreline on the tract (ft) b. Size of entire tract (sq.ft.) rva n/a c. Size of Individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 5.07 acres = 220,525 sq ft. NWL (normal water level) (If many lot sizes, please attach additional page with a list) -1' at MLW; -Sat MHW ®NHW or ❑NWL e. Vegetation on tract `E / D n/a RECE. V PR 2 a Zo�7 f. Man-made features and uses now on trail TY none MHD cl DCM_ g. Identify and describe the existing land uses adiarent 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 Carolina Beach State Park, which is approx. 100 ft. east of the proposed reef location. To the west and northwest of the proposed reef site (500 ft), is a maintained channel, that goes into Snow's Cut (Reference Figure t in narrative). 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) ❑Yea ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No RNA If yes, by whom? WA I. Is the proposed project located in a National Registered Historic District or does it Involve a []Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON. NC 2e2-808-2000 .. 11-888-4RCOAS .. www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit M. (i) Are there wetlands on the site? ❑Yes ONO (ip Are there coastal wetlands on the she? [-)Yes ®No (1li) If yes to either (1) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, H available) n. Describe existing wastewater treatment facilities. N/A RECEIVED o. Describe existing drinking water supply source. N/A p. Describe existing storm water management or treatment systems.CITY N/A 5. AcOvid" and Impacts a. W11 the project be for commercial, public, or private use? ❑Commercial ®Publlc/Govemment ❑Private/Communty It. Give a brief description of purpose, use, and daily operations of the project when complete. The NCDMF Artificial Reef Program is shifting focus to estuarine artificial reefs that provide accessibility to the everyday kayak, stand-up paddleboard, or recreational fishermen. Additionally, we look to provide accessible estuarine habitat for recreationally and commercially important finfish species. The NCDMF proposes to deploy crushed concrete in a approximetly 5-acre site, named AR-491. The hard -bottom habitat provided by the crushed concrete material will provide essential fish habitat forjuvenile and adult life stages of finfish, crustaceans, invertebrates, and oysters. Anticipated activities at this reef site include recreational fishing. This site will be accessable from both shore fishermen that wade near the reef, and by boat. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Construction will occur at AR-491 under this permit. A 25 ft. perimeter buffer of no construction was established to protect against material and boundary violations over time. Due to this, construction activities will only occur within the construction zone (Reference Figure 2 in project narrative). The proposed crushed concrete material will be deployed with the same methodology to the culich planting process. The NC DMF will follow protocol that has been in place for 5+ years, in the Cutch Planting Program, and material height will not exceed 12 inches off bottom. At this time and under this permit application, we plan to enhance approximately 1.0 acres (43,560 sq. ft.) of the proposed reef site. Therefore 1.0 acres (43,560 sq. ft.) of the river bottom is expected to be impacted. The deployment methodology consists of a high pressure fire hose, which will pump surrounding water through the high pressure hose, and sprays material off the vessel to distribute the concrete material into the water and onto the river bottom. The captain, first mate, and the individual operating the firehose will work together to ensure the maximum height of 12 inches is not exceeded, and that material is spread across the —1.0 acres. It is TBD whether a marine contractor or NCDMF staff will conduct all deployments on site. Either way, DMF artificial reef personnel will be on site during all deployments to mark locations, monitor activities, and ensure permit compliance. All equipment will be transported by contractor or DMF staff to the site for deployment on a barge. d. List all development activities you propose. We propose to construct a small estuarine artificial reef (5.07 acres) in the Cape Fear River, off Carolina Beach State Park. Under this permit application we are proposing to permit a 5-acre site, while only devloping 1.0 acres using crushed concrete materials. The crushed concrete follows state guidelines, as well as the National Artificial Reef Plan guidelines, for acceptable reef materials (See attachment 1 in project narrative for a full review of NC State specific acceptable materials). Also, please see the project narrative for additional and detailed deployment Information. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? Disturbed river bottom: —1.0 acres (43, 560 sq. ft.) RECEI ®sq.Ft or 2gAcres ,ACM WILMI FED oTON, NC 1 s 20171 257.-000.2e 00 .. 1-0a0-h RCO A8'r .. ww w. nc c o as laI it a it a 9 cry, o n t. it of Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes QgNo ❑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 APR 2 S 2017 i. Will wastewater or stonnwater be discharged into a wetland? ❑Ytgl UM-mm I 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> FM Addiffahiflnformation 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) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. -Name Carolina Beach State Park JJK� Phone No. 910d58-8206 Address 1010 State Padt j%dC ne Beach State Pads, NC 28428' Name N/A Phone No. Address pName WA !''Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A WA N/A WA h. Signed consultant or agent authorization forth, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.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. APR 2 0 2017 252.808-2808 .. 1.888.4RCOAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit 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 04/13/17 Print Name Amy Comer f=� Signature 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 RECEIVED APR 2 8 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC 252-800-2000 .. 1-e88-4RCOA4T .. www.nec.oastalmanagemont.net 0 Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. -- Access -- - Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length -�—� 728' Width 300, Avg. Existing NA NA -1.0' mlw, Depth NA -5.0' mhw Final Project NA 0' mlw Depth 4.0' mhw 11. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL In b. Type of material to cubic yards. c. (i) Does the area to be excavated Include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB `, RECEIVED OWL ❑None (li) Describe the purpose of the excavation in these areas: APR 2 S 2017 RAHD CITY 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicawe a. Location of disposal area. b. Dimensions of disposal area. d. (1) Will a disposal area be available for future maintenance? c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA ❑Yes ONo ❑NA (ii) If no, attach a letter granting permission from the owner. (u) If yes, where? e. (i) Does the disposal area include any coastal wetlandslmarsh (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 disposal in these areas: f. (1) Does the disposal Include any area in the waters ❑Yes ❑No ❑NA (1) If yes, how much water area is affected? RECEIVED DCM WILMINGTON, NC APR 13 2017 252-Be0-2800 :: 1-088-4RCOA3Y :: www_nccoastalmanagemgnt.not revised: 12/26/06 C-t3l 17CM MI' -I (E)(cavation and Fill, l'age 2 of 3) ;v. 3. SHORELINE STABILIZATION (if development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: b. Length: []Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/S i II Other i. Source of fill material. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) (i) Will fill material be brought to the site? If yes, (ii) Amount of material to be placed in the water 3.5W tons of Crushed concrete (III) Dimensions of fill area FIII area will compose aoproximetN 1.0 acres of the proposed 5.0 acre site. The fill area is planned for the northern reach of the proposed site (See Figure 7 5 In Project Narrative) Material profile = max 1 0' (iv) Purpose of fill The goal of North Carolina's artificial reef program Is to develop, maintain, evaluate and administer a successful system of artificial reefs for the purposes of enhancing marine fisheries habitat and public fishing opportunities -An accessible (from boat and from shore or wading) artificial reef site would enhance fishing opportunities while also serving as hard bottom habitat for oysters and finfsh species. This would be the states first beach accessable artificial reef and will serve the recreational fishing community in New Hanover County, NC. ®This section not applicable Width: _ d. Maximum distance watemard of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes [--]No ❑NA (h) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. [-]This section not applicable b. (I) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL ®None (ii) Describe the purpose of the fill in these areas: N/A RECEIVED APR 2 S 2017 DCM- MHD CITY 5. GENERAL a, How will excavated or fill material be kept on she and erosion b. What type of construction equipment will be used (e.g., controlled? backhoe, or hydraulic dredge)? Concrete of this size has successfully been utilized on several artificcal reefs/oyster sanctuaries, most recently including Raccoon Island (Permit 14"9). Concrete weighs approximetty 2.5 times water. Using crushed concrete is common to artificial reef construction, and have proved to be durable and stable In the marine and estuarine environment. Artificial Reef materials will be brought on site using a vessel. The vessel will be equipped with a high pressure fire hose. The fire hose will pump surrounding water and spray material off the vessel to distribute the crushed concrete into the water. The material then sinks straight down and settles on the bottom. The firehose protocol has been in place for 5+ years, and Is used In the culteh planting process. All protoco IVED followed. DCM WILMINGTON, NC APR 13 2017 252-800-2806 : 1-886-4RCOAST :: www.nccoastalmat-layement.net revised: 12/26/06 1� Fortn DCM MP-2 (Excavation and Fill, Page 3 of 3) C. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ®Yes ❑No ❑NA site? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. (if) If yes, explain steps that will be taken to avoid or minimize NCDMF will mark the four comers of the proposed reef site with environmental impacts. appropriate artificial reef signage. N/A 04/13/17 Date AR-491 Project Name Amy Comer Appli nt Name 7 Applicant Sign ure RECEIVED APR 2 S 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC APR 13 2017 252-808-2808 :: 1-888.4RCOAST :: wwvv.nccoastalmanagement.net revised: 12126106 L� ROY COOPER N, Governor MICHAEL S. REGAN Senrtary Marine Fisheries BRAXTON C. DAVIS ENVIRONHENTAL QUALITY DIretIOr MEMORANDUM TO: Division of Coastal Management, CAMA THROUGH: Jason Peters (Artificial Reef Coordinator) Division of Marine Fisheries, NCDEQ FROM: Amy Comer Flowers (Artificial Reef Biologist) RECEIVED Division of Marine Fisheries, NCDEQ APR 2 8 2017 DATE: April 13, 2017 DCM- MHD CITY SUBJECT: New Artificial Reef Proposal, Site AR-491, Cape Fear River, NC Background Information The North Carolina Division of Marine Fisheries (NC DMF) Artificial Reef Program has been formally operating since the 1970's, and has a total of 63 permitted artificial reefs and oyster sanctuaries within the state of North Carolina. Twenty-one (21) of these sites are in the states estuaries, while 42 are in ocean waters. In 2016, the NC DMF 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: htW://portaLncdenr.orglc/document library/get file?uuid=24160156-4b96-49e6-9126- 4fa488b49cbb&groupId=38337. The NC DMF Artificial Reef Program has also developed an interactive reef guide, set up in an ArcGIS format is available here: httos://ncdenr.maps.arcgis.com/apps/webgppviewer/index.html?id=3b27e8594cb6444c88b5525b f763aa55. The interactive guide is complete with material shapefiles, latitude/longitude information, side -scan sonar imagery, and much more. This is available for review by the public, state, and federal agencies. At this time, the NC DMF artificial reef program is looking to increase recreational user access and to increase the amount of small estuarine artificial reefs in the state of North Carolina. Therefore, the NC DMF Artificial Reef Program proposes to construct a new artificial reef within the Cape Fear River, NC. Construction for this project is funded by USFWS Sportfish Restoration Program. The NC DMF Artificial Reef Program guidelines follow the National Artificial Reef Plan, and in some cases may be more stringent than the National Artificial Reef Plan. 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 State of North Carolina I Division of Marine Fisheries 3441 Arendell Street 1 PO. Box 764 I Morehead City, North Carolina 28557 •lECENED OCM WILMINGTON, NC APR 13 20171 252 72b-7021 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, potential bottom habitat is surveyed to evaluate the suitability for the project goals. Data from these site investigations are used to determine the proposed reef boundaries. Stakeholders This is a joint reef project, including both the NC DMF, the North Carolina Coastal Federation (NCCF), and Carolina Beach State Park. The NCCF is working with partners to design, implement, and monitor restoration projects in response to and to mitigate the release of hazardous substances into the watershed at the Kerr-McGee Chemical Corporation Superfund Site in Navassa, NC. These projects include benthic and estuarine habitat restoration along with estuarine tidal marsh restoration. In consultation with Carolina Beach State Park, NC DMF and NCCF have agreed to pursue reef and enhancements in an area adjacent to, and ac�e�ssihl& park land. 1'i EC GIV ED Site Selection APR 2 8 2017 The NCCF hired Geodynamics to conduct bathymetry surveys in the Cape Fear River CITY near the Carolina State Park, in order to help identify the proper area/region for 4D(Wei�ll iv Monitoring by NCCF indicates a high level of oyster spat recruitment to the area. Historical navigation charts also indicate extensive oyster reefs in the lower Cape Fear River. In July 2015, the NC DMF conducted bottom surveys within the same survey area as geodynamics. This region was selected for site exploration based on several factors including the potential for oyster larval connectivity to the rest of the Cape Fear River and proximity to Carolina Beach State Park. Furthermore, the shallow water depths surrounding Carolina Beach State Park are popular with recreational anglers. An accessible and nearshore artificial reef would enhance fishing opportunities while also serving as hard bottom habitat for oysters and finfish species. The proposed area does not infringe on historically popular commercial fishing or trawling grounds, nor does it conflict with any established riparian access corridors. To our knowledge, the area of interest is not within any defined critical habitat areas for protected species. Proposed Site Concluding the intensive site selection investigation, staff identified a reef site to be named AR-491, centered at 340 02.850'N, 770 55.330' W (Figure 1). The eastern edge of the delineated site is located about 150 feet west of Carolina Beach State Park and approximately 110 feet west of the North Carolina Coastal Federation living shoreline. The proposed site is approximately 500 feet from the nearest USCG maintained channel (Figure 1). While NC DMF conducted surveys of the bottom habitat (sediment probe), no vessel traffic was observed outside of the main channel, or near this area. Therefore, we believe this site is amply sited to avoid navigational issues. The proposed site boundaries were chosen for several reasons. First, NCCF has completed a living shoreline project in cooperation with Carolina Beach State Park. The location of the proposed AR491 is in close proximity to this living shoreline and will serve as the benthic RECEIVED DCM WILMINGTON, NC State of North Carolina I Division of Marine Fisheries APR 13 2017 3441 Arendell Street 1 P.O. Box 769 1 Morehead City. North Carolina 28557 252-726 7021 habitat restoration portion of the project. Second, an artificial reef in this location will reduce wave energy impacting the living shoreline. Third, given the somewhat shallow depths associated at this site, it will give recreational anglers the opportunity to wade near the reef site giving them ample fishing opportunities, while serving as hard bottom habitat for oysters and finfish species. The proposed AR-491 will be the first shore -accessible reef that the state plans to build. Inside the AR-491 proposed boundaries, depth is approximately one foot at mean low water (MLW) (Figure 2), and approximately 5 feet at MHW (not pictured). The site has a mean tide range of 4.17 feet. The sediment composition within the proposed boundaries is predominately hard sand and mud, with a minimal amount of other bottom types (Figure 3). Surveys revealed no existing shell resource or SAV resource within the proposed boundary. The artificial reef program feels the bottom habitat is suitable for material placemeIR>�Sr�Ts VE p artificial reef and oyster habitat. Materials APR 2 8 2017 The NC DMF applies experiential knowledge and best managements s j��y r l propagating reef species which are invasive or detrimental to local estuarine`E<c2fs ste>1iS.' F rr& TY construction, NC DMF intends to use only biologically suitable materials that are approved for reef building. NC DMF has drafted a document that describes, in detail, the acceptable construction materials that are used in the state of North Carolina. All materials follow the National Artificial Reef Plan, but in many cases, has more stringent requirements, as the NC DMF document brings experimental knowledge for the successfulness of Artificial Reefs in North Carolina Waters. This document can be found in the Guidelines and Specifications for Acceptable Artificial Reef Materials, 2017 3'd Edition (Attachment 1). As standard practice, all materials utilized on the states artificial reefs shall minimize impacts to the environmental quality, and must be free of hydrocarbon, contaminants, and toxins, as required by the United States Army Corps of Engineers (USACE), the Environmental Protection Agency (EPA), the United States Coast Guard (USCG), and other agencies involved in permitting of artificial reefs. All trash, wood, lines, and floating debris must also be removed from materials. For this project, construction material will consist of approximately 3,500 tons of Spec #4 crushed concrete, which has an average diameter of 2 inches. This material has been used successfully in NC DMF Artificial Reef and Oyster Sanctuary projects for many years, and we feel it will serve as successful habitat for fish and oysters on AR-491. The material is free of toxins, exposed rebar, or other protruding steel components. Spatial Design of Reef As proposed, the site has a permitted area is 5.07 acres (220,525 sq. ft.) (Figure 4, total delineated area inside of the "Proposed Site Boundaries" polygon). Although the entire 5.07 acres will be permitted, NC DMF has instituted a common practice of employing an `area of no construction' or `buffer' area. This buffer allows for material micro -movements over time due to wave or storm action, while still remaining within the permitted boundaries. For AR-491, we proposed a 25 ft. buffer. The total area available for enhancements on this permitted site will be 3.93 acres (Figure 4, total delineated area inside of the "25 ft. Construction Buffer" polygon). We plan to enhance approximately 1.0 acres (43,560 sq. ft.) of the river bottom within the proposed boundaries, at this time. By siting an area larger than the current planned enhancement, there will still be space in the delineated reef boundary for future enhancements. RECEIVED DCM WILMINGTON, NC State of North Carolina I Division of Marine Fisheries 3441 Amndell Street I P.O. Box 7W I Morehead City. North Carolina 28557 Py 9J 2017 252-726 AR 1-7021 Starting with a smaller footprint will allow for stability and durability monitoring of this reef over time, and will allow for continued evidence -based enhancements on this reef site. When the program is ready for future enhancements, another permit application will be submitted. Because the construction method employed for this reef site will consist of the crushed concrete material being washed off a barge (see Reef Construction/ Material Deployments Section), schematics are approximated (Figures 5, 6). However, piles of material (crushed concrete) will not exceed 12 inches tall (Figure 5) and will be spread throughout the northern portion of the site to cover approximately 1.0 acres (43,560 sq. ft.) of the river bottom (Figure 7, 8). With the described material spatial design and the site depth, this reef will likely be intertidal during MLW (Figure 5), with little exposed material. During MHW, the site dep*gCblE4VED greater than 4.0 feet. APR 2 8 2017 Reef Construction/ Material Deployments NC DMF coordinates all reef deployments, using either marine contrac�t"i-i D CITY maintained vessels and staff. In either instance, NC DMF staff remain on site urmg I deployments to ensure enhancements remain (1) within permitted boundaries and (2) compliant with navigational clearance requirements. It has not been decided whether deployments of material will be conducted by a capable marine contractor chosen by the NC DMF or by staff. Either way, detailed schematics and design plans will be strictly adhered to. The desired deployment location within the reef site is always determined prior to deployment, with precise GPS coordinates. To guide deployments, NCDMF will mark the reef with visible references above the waterline (e.g. high-flyers), that will be checked with a mapping grade GPS. As deployments occur, NC DMF staff will periodically halt deployments in order to check the vertical profile of deployed materials throughout the project. GIS, GPS, sounding poles, and high frequency sonar will be used to monitor reef development for permit compliance. A secondary NC DMF vessel uninvolved in the deployments, will remain on site during all deployments to ensure enhancements remain within permitted boundaries. Deployments of Spec #4 crushed concrete to the proposed reef site should take no more than 2-5 deployment days to complete. The crushed concrete material will be deployed with similar methodology to the NC DMF cultch planting process. The NC DMF will follow protocol that has been established and in place for 5+ years, in the Cultch Planting Program, where material height will not exceed 12 inches off bottom. Regardless of who deploys material (a marine contractor or the NC DMF staff), a high pressure fire hose will be used, which pumps surrounding water through the high pressure hose, and sprays material off the vessel to distribute the cultch material, or in this case, the concrete, into the water and onto the river bottom. The captain, first mate, and the individual operating the firehose will work together to ensure the maximum height of 12 inches is not exceeded, and that material is spread across —1.0 acres. Reef Marking NC DMF plans to mark the four boundary corners (Figure 4 table) of the, proposed reef site with appropriate Artificial Reef signage in accordance with USCG regulations. The appropriate signage will have ample reflectors to make recreational users aware of the site in low light or bad weather conditions. This reef site will also be marked on NOAA charts. The interactive reef guide available on the NC DMF website, will be updated to supply precise locations of material and information about each deployment within the site. RECEIVED DCM WILMINGTON, NO State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 Morehead City. North Carolina 28557 APR 13 2017 252-72b-7021 Reef Monitoring Once materials are settled on the river bottom, if depth allows the site will be scanned using side -scan sonar technology. All material will then be digitized in ArcGIS to reveal total area of the bottom impacted. These layers will be added to the Interactive Reef Guide available on the NC DMF Artificial Reef Program webpage (see link in Background Information paragraph). With every new deployment and/or every few years, the reef program will re -scan sites to assess the materials on site. This will reveal information about material movement and possibly information about stability and durability. Finally, once the permit for this reef is approved, site information will be added and a unique identifier will be given to it, to be coded into the Marine Recreational Information Program (MRIP) surveys through NOAA. This will allow for recreational tracking and monitoring of site use, over time. Protected or Endangered Species (Atlantic Sturgeon, Shortnose Sturgeon, Turtles) Avoidance Measures: 1. NC DMF will ensure all vessel operators and crews maintain a vigilant watch for Atlantic Sturgeon, Shortnose Sturgeon, and sea turtles, by maneuvering, slowing down, or stopping their vessel to avoid striking protected species. 2. During deployments, NC DMF will monitor the surrounding waters for protected species. If a protected species is spotted, all operations will be halted. 3. Deployments will not be conducted at any time when lighting or weather conditions (e.g., darkness, rain, fog, sea state) prevents visual monitoring of the surrounding waters. 4. Shut down procedures: Deployment activities will cease immediately if a sea turtle, Atlantic Sturgeon or Shortnose Sturgeon is sighted in the surrounding waters. Deployment activities will not recommence until it is ensured that all protected species are out of the surrounding waters. 5. NC DMF will ensure to follow the "Sea Turtle and Smalltooth Sawfish Construction Conditions" provided by NOAA (Attachment 2). Reporting Requirements: 1. NC DMF staff is trained to report all documented and suspected endangered species (Sea Turtles, Atlantic Sturgeon, Shortnose Sturgeon) injuries or mortalities to staff immediately, and will assist in carcass salvage if requested. Incident reports will be completed and submitted to the National Marine Fisheries Service Southeast Regional Office, within 24 hours. Atlantic Sturgeon Atlantic Sturgeon (Acipenser oxyrinchus oxyrinchus) originating from the New York Bight, Chesapeake Bay, South Atlantic, and Carolina DPSs are listed as endangered, while the Gulf of Maine DPS is listed as threatened. The marine range of all five DPSs extends along the Atlantic coast from Canada to Cape Canaveral, Florida Based on the best available information, Atlantic Sturgeon originating from any of five DPSs could occur in the Cape Fear River; however, it is likely that the majority of Atlantic Sturgeon in the area would be from the Carolina DPS. Atlantic Sturgeon spawn in their natal rivers, with spawning migrations generally occurring during April -May in Mid-Atlanticcsski and Pacheco 1977; Smith 1985; R APR ECEIVED 2 S 2017 DCM WILMINGTON, NC State of North Carolina I Division of Ma ' APR R I] p y 1 t]J O 3441 Arendell Street I PPOO ;7�?21AdtA0ft rollna 28557 cm Bain 1997; Smith and Clugston 1997; Caron et al. 2002). The distribution of Atlantic Sturgeon is strongly associated with prey availability, and Atlantic Sturgeon may occur where suitable forage and appropriate habitat conditions (e.g., soft substrate) are present. Suitable Atlantic Sturgeon forage comprises polycheates, isopods, amphipods, aggregations of mollusks and crustaceans (Johnson et al. 1997). The proposed artificial reef (AR-491) lies in an area consistent with conditions (i.e. large tidal river, accessible to the marine environment, with connectivity to spawning, foraging and overwintering grounds) that support the presence of adult and sub -adult Atlantic Sturgeon. Early life stages (eggs and larvae) and juveniles will not be present in any portion of the reef site, as they are intolerant of the higher salinity levels characteristic of the Cape Fear River. Spawning is not supported in this area, for the same reason. Therefore, use of this area will be limited to adult and sub -adult Atlantic Sturgeon as they migrate between spawning, suitable foraging and overwintering grounds. In 2014, a NC DMF study reviewed Atlantic Sturgeon movements in the Cape Fear River. It was found that Atlantic Sturgeon prefer the reach between rkm 30 and rkm 60, which is —10 rkm north of the proposed artificial reef site. The telemetry results suggest Atlantic Sturgeon do not reside near the proposed study site, but instead migrate through this reach. It's also likely that they utilized the deeper water depths, especially those associated with the shipping channel. The proposed site is located in shallow water, which means they may avoid the proposed site, based on the shallow depths, and instead utilize the main shipping channel which is 5,000 feet west of the proposed reef site. Because of these finding, we feel that the likelihood of interactions with Atlantic Sturgeon on the proposed reef site is extremely low. For more detailed information regarding Atlantic Sturgeon movement in the Cape Fear River, see Attachment 3. Shortnose Sturgeon Shortnose Sturgeon are a large, long lived, benthic fish species that mainly occupy the deep channel sections of large rivers, but will forage where food is accessible. They feed on a variety of benthic and epibenthic invertebrates including mollusks, crustaceans (e.g., amphipods, chironomids, isopods), and oligochaete worms in soft -sediment habitat (Dadswell 1979 in NMFS 1998). Today, 19 populations of Shortnose Sturgeon range from the St. Johns River, Florida, to the Saint John River in New Brunswick, Canada. Generally, Shortnose Sturgeon occur in the deepest parts of rivers or estuaries where suitable dissolved oxygen and salinity values are present (Gilbert 1989). Deep water habitat is also where Shormose Sturgeon are likely to forage and utilize as thermal ref igia from the higher water temperatures that occur seasonally at the surface and in shallower habitat. The reach of the Cape Fear River where we proposed AR-491, is consistent with conditions (i.e. proximity to large tidal river, connectivity to spawning sites, nearby foraging and overwintering grounds) that support the presence of adult Shortnose Sturgeon. Early life stages (eggs and larvae) and juveniles will not be present in any portion of the action area, as they are intolerant of the higher salinity levels, characteristic of the Cape Fear River. Spawning is not located in the region near the proposed reef site. Therefore, use of this region will be limited to adult Shortnose Sturgeon as they migrate between spawning, suitable foraging, and overwintering grounds. However, the likelihood of them utilizing this region is low, as they do not prefer the shallow depths or bottom habitat associated with the proposed reef site. Effects RECEIVED APR 2 8 20 i7 RECEIVED n. ``�� ry°�►/' DCM WILMINGTON, NC State of North Carolina I ,'��!�/'/�';'�y WM1>w@ C A 1 1 3441 Arendell Street P.O. Boa 7W Moreluad City. North Carolina 28557 APR 13 2017 252.726 7021 e Direct Impact from Artificial Reef Material During Deployment. The deployment of artificial reef materials has the potential to directly affect listed species via direct impact. However, the risk of deployment of artificial material making direct contact with a listed species is extremely unlikely due to: the species' mobility and ability to sense activity in the water column and the inspection and monitoring measures we will take (e.g., conducting a visual scan of the site before deployment of reef materials) to ensure listed species are not in the area prior to and at the time of deployment. Therefore, we believe that any direct impacts of material on listed species are extremely unlikely. Habitat Modifications The proposed AR-491 site is not known to be prime foraging or migratory area for ESA - listed sea turtles; however, areas containing soft substrate may be used by several invertebrate species that Sturgeon prey upon. If listed species occur in the area to feed opportunistically or are transiting through the area, they may temporarily avoid the area due to construction activities. If present, listed species would be expected to return to the area after the cessation of activities. The placement of artificial reef materials on the river bottom may affect benthic organisms. Artificial reef habitat provides hiding places for organisms, as well as attachment sites for algae and invertebrates. Benthic organisms living in the areas may be buried by the addition of artificial reef materials. Although listed species may opportunistically forage in the area, as mentioned above, the reef sites are not known to be prime areas for foraging, and constitute only a small fraction of the available habitat for foraging in the surrounding area. Based on this information, impacts on the foraging behavior of ESA -listed Sturgeon and sea turtles will be undetectable; therefore, we believe effects to be insignificant. State of North Carolina I Division of Marine Fisheries 3441 Arendell Street P.O. Box 70 1 Morehead City, North Carolina 28557 RECEIVED APR 2 8 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC APR 13 2017 Z52-726-7021 Mir AR-491 Site Location 0 500 1.000 Feat •L . "ECEIVI," 1 rNr .r APR 2 8 201 41.E I DCM- NIHD Figure 1. AR-491 proposed location, near Carolina Beach State Park. The proposed site boundary (in green) is approximately 500 feet from the nearest navigation channel. Insets provide context to the specific location proposed. Figure date: February 2, 2017. RECEIVED DCM WILMINGTON, NC State of North Carolina I Dtoslon of Marine Fwwrles 3441 Armdell Street I P.O. Box 769 1 Morehead City. North Carolina 28557 APR 1 1 J 2 1 252-726-7021 AR-491 Site Depth at MLW N Proposed Corner Points Depth MLW U 180 360 Feet Q Proposed Site Boundaries Value 25 ft. Construction Buffer K Shallow NCCF Living Shoreline Deep J Figure 2. Bathymetry of the proposed AR-491 at MLW. At the site, depth is approximately 1 foot at MLW, and 5 feet JRM Ek4 here). Figure date: February 17, 2017. APR 2 8 2017 DCM- MHD Ci'Y DCM ,ECEIVTON,NC State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 764 I Morehead City, North Carohna 28557 252-726-7021 APR 13 2017 w" AR-491 Bottom Type i fir, P n rM1LHrr -wr, Inrmn � h�ic h Ir 0 150 300 Feet I t I t I t I t 1 Proposed Site Boundaries NCCF Lasing Shoreline -Proposed Site Bottom Type O Hard Sand o Shelt/ Mud • Hard Sand/ Mud & Soft Sand • Mudl Soft Mud Figure 3. Bottom type analysis of the proposed AR-491. Survey indicated most bottom in the proposed area is hard sand or hard sand/mud. No shell or SAV resource was found during the survey. Figure date: February 2, 2017. RECEIVED ECEVED APR 2 8 2017 DCM WILMINGTON, NC State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 764 Morehead City. North Carolina 28557 APR 13 2017 @ 4y RAI- I AR-491 Corners QProposed Site Boundanes Proposed Comer Points 25 ft. Construction Buster NCCF Livi Shoreline - Proposed Site Corner latitude Longitude NW 349 02.910' N 779 55.360' W N E 34° 02.910' N 779 55.300' W SE 340 02. 790' N 779 55.300' W SW 34` 02.790' N 77- 55.360' W ,r�oo F.ure D ca•.h a,l Figure 4. Location and corner point coordinates for the proposed AR-491, including the 25 ft. buffer of no reef construction. Figure date: February 2, 2017. RECEIVED APR 2 S 2017 State of North Carolina I Division of Marine Fisheries 3441 Arendell Street P.O. Box 7691 Morel, ClrMiu� i}a 4DITY 252-72,7 ft`IIQ r2ECEIVED OCM WILMINGTON, NO APR 13 2017, Substrate Figure 5. Cross-section/ side -view of the crushed concrete deployments on AR-491. Note the height will not exceed 12 inches. Figure date: February 17, 2017. State of North Carolina I Division of Marine Fisheries 3441 Arendell Street P.O. Box 764 I Morehead C ty. North Carolina 28557 252. 72b-7021 Water COlumn RECEIVED APR 2 S 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC APR 13 2017 L WA F� �♦. , 40� AR-491 Figure 8. Site schematic showing proposed material deployment location. Figure date: February 17, 2017. RECEIVED RECEIVED State of North Carolina I Division of Marin &g 8 2017 DCM WILMINGTON, NC 3441 Arendell Street PO. Box 764 Morehead City. North Carolina 28557 _ APR 13 P017 252-726-7021 7„ , p ,,'_a`-1 U- _. ..... � 1 1 4W Attachment 1. Guidelines and Specifications for Acceptable Artificial Reef Materials (3rd Edition, 2017) ROY COOPER ER MICHAEL S. REGAN Hviwv,Y Marine Fisheries BRAXTON C. DAVIS rxmmxwexui aoau.. 1Wrv'iw x r PFT%7 t• Division r iuFTti GLiil will Artificial reef materials are selected on four primary considerations: Function, compatibility, durability, and stability. Materials used must meet their intended function, by supporting diverse and abundant biological communities. Selected materials must also be compatible with the aquatic environment in which they are placed. This means they must not pose environmental risks. Also, unstable materials, or those prone to movement, and non -durable, or easily degraded, materials must be precluded from use. The North Carolina Division of Marine Fisheries Artificial Reef Program has produced a comprehensive list of accepted materials for use in partner projects. These materials were chosen based on the above criteria, using guidance from internal program studies, The ASMFC/GSMFC Guidelines for Marine Artificial Reef Materials (Second Ed., 2004), The Environmental Protection Agency's (EPA) National Guidance: Best Management Practices (BMPs) for Preparing Vessels Intended to Create Artificial Reefs, and the NOAA/NMFS National Artificial Reef Plan. Any hard, strong building material made by mbdng a cementing material (commonly Portland cement) and a mineral aggregate with sufficient water to cause material to set and bind. Types include (but are not limited to) oval and round pipe, box culverts, risers, catch - basins, knock -out boxes, bridge rubble and bridge spans, manholes, slabs, pilings, crushed concrete, and pre -designed structures such as Reef Balls or other units. All concrete must be fully cured to ensure environmental compatibility. Required Specifications: Ocean' • Unacceptable types in the ocean: slabs, small pilings, crushed concrete, small designed structures • Size - concrete pipe must be no less than 4 feet in length and no less than 36 inches in inside diameter, unless such smaller pieces are "nested" Inside large diameter pieces • Composition - units must be no more than 25% degraded or missing. AR concrete must be fully cured before deployment • Design - pre -designed structures must meet approval of Artificial Reef Staff for function, compatibility, durability, and stability Estuary - "Nothing Compares _s. Stm dNan6GroMa : Uvlslon d xtmine F Mies M41Anv Je115t.1P05ox71A xlwe MCKY.NonM1GdI,a26557 252 126 7021 State of North Carolina I Division of Marine Flshedes 3441 Arendell Street ! P.O. Box 76q I Morehead City. North Carolina 28557 RECEIVED APR 2 S 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC APR 13 2017 252 726 7021 �9/ • Size - concrete pipe must be no smaller than 12 inches in Inside diameter and not exceed 30 inches in inside diameter. Any concrete structure must not exceed 8 feet in length, width, or height. Crushed concrete must be: 8" maximum diameter, 6" average diameter, 4" minimum diameter, 10% maximum oversize, 5% maximum undersize. In some instances of shallow water development, 24" diameter crushed concrete is acceptable. • Composition - units must be no more than 25% degraded or missing. All concrete must be fully cured before deployment • Design - pre -designed structures must meet approval of Artificial Reef Staff for function, compatibility, durability, and stability Vessels, Vessels are a commonly used artificial reef material. These may be composed of ferro-cement or steel, though steel vessels are most common and preferred. Thorough preparation and cleaning is required before these materials may be used as reefs (EPA BMPs). Required Specifications: Ocean - • Size - vessels must be no smaller than 100 feet in length unless paired with a second 100 foot or greater vessel • Clearance - vessels are subject to clearance requirements and in many cases, must be shortened in height to comply with permits. This may involve expensive removal of vessel superstructure • Cleaning and preparation- vessels are subject to US Coast Guard and/or EPA Inspection to satisfy BMPs, including removals of wood, floatables, loose materials, and deleterious substances. • Stability - a6 air must be allowed to escape during sinking • Durability- vessel selection is ultimately at the discretion of the Artificial Reef Coordinator, to satisfy expectations of durability Estuary - . Vessels are not accepted in estuarine waters Natural Materials, Natural materials have been used by most coastal states to replenish various types of habitat with a particular focus on shell bottom. Natural materials include different approved mineral rocks such as calcium carbonate shells, limestone marl, granite, and basalt. Required Specifications: Ocean - • Natural materials are not widely used In the ocean, given their size and susceptibility to sediment burial Estuary - • Size - o Limestone Marl (NCDOT Class B Spec.): 12"maximum diameter, 8" average diameter, 5" minimum diameter, 10% maximum oversize, 5% maximum undersize. In some instances of shall E i V E D development, NCDOT Spec #4limestone marl is a APR 2 S 2017 %-Nothing Compares ,:, lr.,111�' "IPo .r•Sn DCM- MHD CITY zsz->m-ron RECEIVED DCM WILMINGTON, NC Stare of North Carolina I Division of Marine Fisheries 3441 Arendeil Streel I P.O. Box 769 I Morehead Cny. North Carolina 28557 Ark 13 2017 252-726-7021 o Granite and Basalt: B" maximum diameter, 6" average diameter, 4" minimum diameter, 10% maximum oversize, 5% maximum undersize o Location- Limestone is not acceptable for use in high salinity environments, given high susceptibility to bio-eroding organisms. Notes on all materials: 1) All materials must be cleaned and prepared In accordance with United States Corps of Engineers General (Regional) Permits (#GP198500194 or#GP19000291), any applicable NC Division of Coastal Management permits, and conform to site-speclfic navigational clearance requirements established by the U nfled States Coast Guard and NOAA Office of Coast Survey. 2) Planned arrangements fo r acquisition, clean ing, preparation, dockage/staging, towing. and sinking/deployment must be described in proposals. Dockage,towing, and deployment will require proof of at least$1,000,000 marine liability Insurance. 3) Additional guidance on material specifications and contracting requirements is provided in the following documents: a TechnlcalSped/IcatimsforArtlfidal ReefConstructim Using Vessels:Publlcaly FundedProjectr b. TechnicalSpedflcatimsforArtildal ReefConstmcUon Using Vessels:Privately Funded Projects c. Te AnimlSpedflcadmsforArdidal Reefor0yster Sanctuary Cana musing Naarml Materials: Privately Funded Projects d. TecbNcalSpedflmtimsforArtf/icialReefor Oyster Sanctuary Construction using NatumlMatedals: Publimlly Funded Projects e. Tech nicalSpedfncadonsforArdficial ReefConstructlon Using Concrete: Publically Funded Projects f. Technical SpedflcationsforArtificial ReefCons(ruction Using Concrete: Privately Funded Projects RECEIVED APR 2 8 2017 !"Nothing Compares State at North Car&n lfhv nb o2 Wrinr rltheries DCM- MHD CITY UAIArendeM,ccl I PO. Bon lM Me headClty. No,mr ,O na 28552 252-nb-2021 DCM WECEIVED ILMINGTON, NO Stare of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 i Morehead City. North Carolina 28557 APR 13 2017 252-726-7021 0- Attachment 2: Sea Turtle and Smalltooth Sawfish Construction Conditions document. L"NTrFD STATES DEPARTr m-, r OF COx1�E� RCE h6 %Natlonal Oceanic and Atmospheric Admon inistrati NATIONALEfARA'EMBERIES SE'RTICE '.� Southeast Regional Office 263 13th Aveaue South St. Petersburg, FL 33701 SLk n RTLE 3\D SNLALLTOOTH SAXATISH CONSTRUCTION C'ONDTIION S The peruittee shall congly with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and snudkooth sawfish. All construction personnel are respaaaible for observing water -related activities for the presence of these species- b. The permittee shall advise all construction personnel that there are civil and crimiml penalties far harping. harassing. or killing sea turtles or smalhooth sawfish, which are protected under the Endangered Species Act of 1973. c. Siltation bariers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be property secured, and be regularly monitored to aveid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agtemmt from the National Marini Fisheries Service-s Protected Resources Dnision, St. Petersburg, Florida. d AR vessels associated with the construction project shall operate at "no wake idle ' speeds at all times wink in the construction area and while in water depths where the draft of the vessel provides less than a four -foot clearance firm the bottom All vessels will preferentially follow deep -water routes (e.g.. marked channels) whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily constnution'dredging operation or vessel movement, all appropriate precautions shall be implemeated to ensure its protection These precautions shall include cessation of operation of any arcing equipment closer than 50 feet of a sea turtle or smalhooth sawfish. Operation of any mechanical ccnsructim egvipaent sbaR cease immediately if a sea turtle m smalhoothsawfish is seen witlan a 50-fr radius of the equipment. Activities may, not resume until the protected species has departed the project area of its ow%volition. f. Any collision with and;'er injury to a sea turtle or smallooth sawfish shall be reported immediately to the National Matme Fisheries Service s Protected Resources Division (�'7-S'4- 5312) and the local authotiaed sea turtle sfrandingirescue orgawzation g. Any special construction renditions, required of your specific project outside these general conditions, if applicable. will be addressed in the primary, consultation. Revised: Mach '3. 2006 O:'6mu'•.Sea Turtle and Smalltooth Sawfish Construction Conditioas*c _ 'Avv RECEIVED APR 2 8 2017 DCM- MHD CITY State of North Carolina I Division of Marine nsherles RECEIVED 3441 Arendell Street I P.O. Box 7tN l Morehead City, North Carolina 28557 DCM WILMINGTON, NC 252-726-7021 APR 13 2017 V'" Attachment 3: Information regarding Atlantic Sturgeon in the vicinity of the proposed reef site AR-491. Marine FtOwnes rTnpMMrMu1 WYnY Jason Peter, NC DMF Artificial Reef Coordinator near Mr. Peters: ROY COOPER MICHAEL S. REGAN facet-, BRA%TON C. DAVIS arRb Mcnis is the in(omlation )on requeaed regarding Atlantic sturgeon, At ipenser uxyrux-hav ,rt rinrhm, in the Cape Fear River. .An acoustic telemetry study on the movcmcuts of slurgeat in the Romrolite and Cape Fear Rivers was completed by NC'DMF in 2014 as part of a larger feknd grant (Post et. al. 2014). During this study, a total of 129 Allamic Sturgeon were uptincd Ault 75 individuals nv.�ening acoustic togs in the Cape Fear basin. The movements of these fish were monitored by a passive acoustic necivcr array (32 fixed slatimn), which spanned 335 river kilmetcn. l be greatest detection density of Atlantic sturgeon occurred between river kilootelers (rkrn) 30 and 60. Sul -adult Atlantic Sturgeon showed an overall median distribution centered on Am 45. which is a tidal and seasonally mesoluline to oligohaline section of river near the confluence of the Nonhenst and Cape Fur rivers in Wilmington. NC'. This region hits also becn identified as an area containing suugen by previous rerurchers (Moser and Ross 1995, Flowers and Ifightower 2013 ), and is likely an important feeding and holding location for Atlantic sturgeon within this system. lagged sturgeon displayed fidelity to the system during observed seasonal and potential spawning migrations, with an average return rate of 766a to the s)stcm between )tars. Nearly no lagged sturgeon were detected within the riser system during the month of January, having mostly emigrated inn the owun I he pntpowd artificial reef site adjacent to Carolina Beach Slate Park is located at approximately rkm 20 at an estimated depth of 2m. A f ixcd monitoring station is located at dsm 18 close it, Ihv main shipping channel Plus monitoring station has atom time detected all sturgeon which were acoustically tagged in the Cape fear Kiver While the numher of individuak ddectel al this monitoring statilai etc high, the relative delecliln density during the stud) period for this station was low Atlantic sturgeon were typically onh detected at this ntuniluring station during periods of immigration or emigration from Vic sy slrm. [)ifring this study period several inouslicall) lagged fish were manually traded while making large movements, and were found to occupy Ilk okeper portion of the shipping channel. Moor and Koss 41995) also found Atlantic sturgeon to primarily occupy water depths greater than Him m the Cape fear river in both warm (>25 (7) and cool temperature period%. The Cape fear River likely has a reproducing population of Atlantic sturgeon which occupy Farb spawning and rearing habitat. During their wasonal mid spawning migrations Atlantic sturgeon were detected anywhereGem rkrn 0 m 111. llowever, sub-adult%were principally detected hct% e n rkni 30 and 60 for extended periods of time, indicating this stretch of is river as important habitat. I he mean depth at which sturgeon were captured for Ills NCDMF telemetry study (8.5m). and which they were primarily observed by Moser and Ross (1995) I>10m). suggests they may not imquenll) imeracl with the proposed met site during migration activity. RECEIVED =? Nothhly Cumpdrex APR 28 2017 Mao •,/ NaIAC-•aN I n.•w•,a M.nvw n.M.k+ wiM lsllM 1PttawaA ran6raa lilt.NarM1l"xMlw1alA nr vie trot I]CM- MHL� CITY RECEIVED DCM WILMINGTON, NC State of North Carolina I Dwistnn of Marine ltshMes fin it fl 1 1 lJ 2017 3441 Arendell Street 1 P.O. Box 769 I Morehead City. North Carolina 28557 252 726 7021 NI.t 11 you have any other tI1e511tmx ahenl sturgcim in the CApc fear, plcaw feel Irec to contact rile. Sincacly, Joe I'aceadols Biologist NC Division of Marine Fisheries 127 Cardinal Dr. Ext. Wilmington NC, 25405 Phone: (910) 796-7291 Finail: Joc.Fa«rdola-' cdcnrse-v Selected Reference. Flowen, II. J., rid 1. li. I IighWwer. 201 J. A novel apprsuch u. wnzying slurgcron wing side -scan smmr and occupancy modeling. Marine and Coastal Fisheries: Dynamics. Management, and Ecosystem Science loldine seriall 5:211-221. Muscr, M. L. and S. W. Rnns (1995), "l lahitat rise and movemalts of shortnnse and Atlantic sturgeotne in tlw lower Cape Fear Rivcr, North Carolina." I ransactiuns of the American Fisheries Society 124(2): 225. Post, W. C.. 1. Darden, 1). L. Peterwm, M. Imifler, amid C. Collie. 2014. Rcseanch and Management of Endangered and Threatened Species in the Southeast: Riverine Movements of Shormose and Atlantic Sturgemn. Final Rcpna6 Coed No. NA IONMF4720016. RECEIVED APR 2 8 2017 --'-Nothing Con"res 11n d a...6r idw.: laavnd 1.Yrve nwenn DCM- MHD CITY RECEIVED DCM WILMINGTON, NC State of North Carolina I Division of Marine Fisheries APR 13 2017 3441 Amndell Street I P.O. Box M I Morehead City. North Carolina 28557 252-726-7021 0 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: North Carolina Department of Environmental Quality Division of Marine Fisheries Project Name: Artificial Reef Site AR-491, Cape Fear River 2. LOCATION OF PROJECT SITE: Located adjacent to Carolina Beach State Park, off Dow Road, at 1010 State Park Drive, Carolina Beach, New Hanover County, within the Cape Fear River. Photo Index - 2006: 14-6646, E, 12-13 Lat: 34102'51.28"N 3. INVESTIGATION TYPE: CAMA/Dredge & Fill Long: 77055' 15.40"W 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/25/2017 Was Applicant Present— No 5. PROCESSING PROCEDURE: Application Received — 4/13/17 (Complete) Office —Wilmington 6. SITE DESCRIPTION: RECEIVED (A) Local Land Use Plan —Town of Carolina Beach Land Classification From LUP— Conservation APR 2 8 2p)7 (B) AEC(s) Involved: EW, PTA (C) (D) Water Dependent: Yes Intended Use: Public DCM-MHD CITY (E) Wastewater Treatment: Existing - Municipal Planned - N/A (F) Type of Structures: Existing — Public Marina, bulkhead, boat -ramp, public park with parking areas & associated structures. Planned - One artificial reef site (G) Estimated Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands -Open Water 43,560 sq. ft. Other— High ground (D) Total Area Disturbed: 43,560 sq. ft. (1 acre) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant is proposing to construct an artificial oyster reef in the Cape Fear River adjacent to Carolina Beach State Park shoreline for habitat and recreation enhancement. 0 North Carolina Department of Environmental Quality Division of Marine Fisheries Page Two 9. PROJECT DESCRIPTION The project is located adjacent to Carolina Beach State Park (CBSP), in Carolina Beach, on Dow Road, off US Highway 421, in southern New Hanover County. The property is situated along the southern shoreline of the Cape Fear River, near it's confluence with Snow's Cut. The park consists of approximately 700 acres of wooded uplands, and includes facilities for camping, nature trails, and educational programs. To locate the project site from the Wilmington Regional Office (WiRO), travel from Wilmington towards Carolina Beach on Carolina Beach Road (NC Hwy 421) for approximately 12 miles south. Continue over Snows Cut Bridge for approximately 0.2 miles south until you reach Dow Road. Turn right onto Dow Road and turn right onto State Park Road, which will be the entrance to the CBSP. Continue to travel west approximately 1 mile until you reach the public marina and parking area. Follow trail along shoreline from SW comer of parking area to living shoreline signs. The public marina includes 40 wet slips, two boat ramps, a large parking area, and a marina/park office building. In 1987, State Permit # 95-87 was issued to expand the original boat basin, construct docks for 32 additional slips, and conduct maintenance dredging within the existing basin and access channel. In 1996, CAMA General Permit #16003- D was issued to clear a small shoaled area from the access channel. Subsequently, in 1999, the DCM issued State Permit #127-99 for maintenance dredging within the access channel and boat basin. State Permit # 165-08 was issued to replace the public marina docking facility and boat -ramp, maintenance excavation and upgrade the parking area. State Permit # 165-08 expired on July 3, 2015. State Permit #50-15 was issued to construct a bagged oyster shell and marl marsh sill and is due to expire on December 31, 2018. The project site is adjacent to the northwestern end of the park at the location of a designated hiking trail and beach area in the Cape Fear River. The project site is approximately 100' west of the bagged oyster shell sill constructed in 2015 and 500' from the nearest navigation channel. The bottom type of the Cape Fear River in the project site is a mix of sand and mud, with no presence of SAV or shell resource. There are multiple areas where coastal wetlands exist along the shoreline, which consists primarily of Smooth Cordgrass (Spartina attemfflora), intermixed with Salt Grass (Distichlis spicata), Sea Lavender (Limoium carofinanum), Black Needlerush (Juncus roemerianus) and Salt Meadow Hay (Spartina patens) in an area ranging from approximately 30' to 80' in width. Upland vegetation along the project area consists of hard wood trees and shrubs primarily Live Oak (Quercus virginiana), Wax Myrtle (Myrica cerfera), and Red Cedar (Juniperus virginiana). The waters of this area of the Cape Fear River are classified SC, by the N.C. Division of Water Resources. The area is not designated as a Primary Nursery Area, by the N.C. Division of Marine Fisheries, and these waters are CLOSED to the harvest of shellfish. RECEIVED PROPOSED PROJECT: APR 2 8 2017 The applicant is proposing to construct an artificial oyster reef in the Cape Fear River adjacent to Carolina Beach State Park shoreline for habitat and recreation enhancement. The application states the prop0aMiciW@eQbEYe located waterward of the marsh in an area measuring approximately 5.07 acres in area including a 25' buffer from any proposed reef siting (see Figure 4). The total site area would be marked with Artificial Reef signage in accordance with USCG regulations on the four comers of the proposed site (see Figure 4 for GPS coordinates). The application also states the proposed area for immediate reef construction would be approximately 1 acre located at the northernmost end of the proposed overall site (see Figure 8). The bottom type across the proposed site is a mix of sand and mud (see Figure 3). The reef would be constructed of approximately 3,500 tons of Spec #4 crushed concrete with an average diameter of 2", to a maximum height of approximately 12" in water depths of -1.0' @ normal low water. The ,AV reef would be constructed from a barge using a high-pressure fire hose that would spray the crushed concrete off the vessel to distribute the concrete into the water and onto the river bottom in an irregular distribution (see Figure 6). The North Carolina Department of Environmental Quality Division of Marine Fisheries Page Three application states that after construction to site will be scanned using side -scan sonar, digitize, and added to the Interactive Reef Guide available on the NC DMF Artificial Reef Program webpage. 10. ANTICIPATED IMPACTS: The proposed artificial reef would result in the fill of approximately 43,560 sq. ft. of shallow bottom located in the Estuarine Waters and Public Trust Areas of Environmental Concern (AECs). As proposed, the overall site may eventually impact 220,525 sq. ft. (5.07 acres) if the reef is completely built out within the proposed boundaries. The proposed reef would be located waterward approximately 100' from NHW. RECEIVED APR 2 S 2017 DCM- MHD CITY Submitted by: Courtney Spears Date: April 26, 2017 Office: Wilmington arg CC)L!P(-FrE �L-C F'C"� ')"' OL 1 !)FR, ��F-WDER: M PLE ? f. , , LIq . I lips "Iffc, I !0f, I Coastal Management ENVIRONMENTAL QUALITY April 26, 2017 North Carolina Division of Marine Fisheries c/o Jason Peters PO Box 769 Morehead City, NC 28557 Dear Mr. Peters: ROY COOPER Govemor MICHAEL S. REGAN Secmrary BRAXTON DAVIS Director The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of the subject property located adjacent to 1010 State Park Drive, Carolina Beach, New Hanover County. It was received as complete on April 13, 2017 and appears to be adequate for processing at this time. The projected deadline for making a decision is June 27, 2017. 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 April 13, 2017, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions��>�i E D writing if you wish to receive a copy of my field report and/or comments from revie l ncles. APR 2 S M7 Sin rely, DCM- MHD CITY Courtne ears Field Representative cc: Heather Coats, DCM Tyler Crumbley, COE Doug Huggett, MHC Robb Mairs, DWR Abby Lorenzo, LPO State of North Carolina I Enviromental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 \TO)'1'It810#1: W. AMA PERM APPLIED FOR PROJECP construct an artificial oyster reef for habitat and mr-matinn PnhanrPmPnt arflacent to Carolina Beach State • • • .LOJW---141U-FA KWAVIbI w nanover COMMENTS ACCEPTED THROUGH May 2012017 APPLICANT: NC Division of Marine Fisheries PO Box 769 Morehead City, NC 28557 ATTN: Jason Peters (252) 808-8063 FOR MORE DETAILS CONTACT TCDQvAofPCaslFMlmoanageent Gardinal Ur. Extension Wilmington, NE; Z0405 Courtney pears, Field Re -presentative MAJUK F'LKMI I F-LL 5(_ HLUULL ` r`", DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 H. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 Ill. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3900 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3900 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 900 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of ncems related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 3900 see attached cannot be applied $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% ($190) L/ n iC � RECEIVED APR 2 8 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NO LIST 601 DEQ-GENERAL FUND STATE OF NORTH CAROLINA GENERAL LEDGER SYSTEM DETAIL TRANSACTION LEDGER FOR THE PERIOD 04/01/2017 - 04/30/2017 I ENTER: 16256253PE01 DCM -PERMIT FEES/PERMIT & ENFORCE SECT PAGE 249 C-U-GL-DETAIL-LEDGER-DAPG67 04/24/2017 EFF DATE -------- DOCUMENT ---------------- ENTY ADDITIONAL DESCRIPTIVE INFO DEBIT CREDIT CCT 435100093 COASTAL MANGE ---- PERMIT ---------------------------------------------- FEES *** ------------------ BEGINNING BALANCE *** --- 04/04/2017 03082017 16PN SMITHCUSTOMHOME / 032817 2269 100.00 .00 04/04/2017 REFUND2017 16PN SPITLERTIMOTHY / 032817 2269 400.00 .00 . 04/06/2017 1621172612 138219 .00 462.00 04/06/2017 1621172612 515108 .00 462.00 04/06/2017 1621172612 515109 .00 338.80 04/07/2017 1621172640 515110 .00 1,848.00 Q 04/07/2017 1621172651 138213 .00 770.00 W 04/11/2017 REFUNDAPRI7 16PT CARTERETCOUNTYI / 040617 2274 100.00 .00 O 04/11/2017 1621172674 516120 .00 1,386.00 09/11/2017 1621172674 516116 .00 1,232.00 04/11/2017 1621172674 516119 .00 1,001.00 04/11/2017 1621172674 138222 .00 924.00 V 04/11/2017 1621172674 516117 .00 924.00 W 04/11/2017 1621172674 516121 .00 616.00 N 04/11/2017 1621172674 515111 .00 308.00 Y•• 04/11/2017 1621172674 516118 .00 154.00 04/11/2017 1621172691 133071 .00 2,233.00 04/12/2017 1621172685 515113 .00 1,386.00 04/12/2017 1621172685 515112 .00 154.00 04/13/2017 16211726 0 04/ - /2017 1631AE5322 CANA PERMIT AR-491 CAPE FEAR .00 475.00 J117 :. _ ...l.. .._ _ _..... _ _ .. _._.._ .00 1,232.00 04/18/2017 1621172726 138228 .00 770.00 04/18/2017 1621172726 515115 .00 539.00 04/19/2017 1621172732 133073 .00 835.45 04/20/2017 1621172763 516126 .00 2,541.00 04/20/2017 1621172763 516124 .00 1,078.00 04/20/2017 1621172763 516122 .00 1,001.00 04/20/2017 1621172763 516123 .00 924.00 04/20/2017 1621172763 516125 .00 385.00 04/21/2017 1621172775 515117 .00 308.00 04 ------------------ * PERIOD BALANCE * 600.00 ------------------ 26,982.25 ---- CT 435100093 COASTAL MANGE PERMIT FEES CT 531562 MED INS CONTRIB-RECPTS 04/03/2017 0100892165 NCO1/1600/161625005/14300 04/03/2017 0100892189 NC01/1600/161625005/14300 04/03/2017 0100892201 NC01/1600/161625005/14300 U Z Z 00 BALANCE - 317,913.65 _ A� B BOA BC BC BC 0 0 AP BC BC BC s BC Q � BC V BC ® BC BC BC BC BC BC BC BC BC BC BC BC BC BC BC BC BC BC BC 344,295.90- c *** GL ENDING BALANCE *** 344,295 90- *** BEGINNING BALANCE *** 18,495.02 479.48 .00 BI 479.48 .00 BI 163.50 .00 BI 0 ROY COOPER Governor WILLIAM G. ROSS, ]R IMenm SecMary Coastal Management ENVIRONMENTAL QUALITY April 36, 2017 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for NC DEQ Division of Marine Fisheries / New Hanover Co. Kyle & Heather: Please publish the attached Notice in the Saturday, April 29, 2017 issue. BRAXTON DAVIS DIMaor The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Heather Coats - WiRO Doug Huggett - MHC Tyler Crumbley - USACE Sarah Young- DCM Sincerely, Shaun K. Simpson Permitting Support & Customer Assistance RECEIVED APR 2 8 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On April 13, 2017, the N. C. Division of Marine Fisheries proposed to construct an artificial oyster reef within the Cape Fear River, adjacent to Carolina Beach State Park, off Dow Road, at 1010 State Park Drive, Carolina Beach, New Hanover County. A copy of the application can be examined or copied at the office of Courtney Spears, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7423) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to May 20, 2017 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 these matters will be provided upon written request. RECEIVED APR 2 8 2017 DCM- MHD CITY State of North Carolina I Enwoomental Quality I Coastal Management 127 Cardinal Driv Eat, Wilmington, NC 28405 910-796-7215 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Cape Fear fiver Fee: $475 919dronic transfer CDAITS _ MHC cc _ Applicant: NC Division of Marine Fisheries Agent/Contractor: self Project Site County: New Hanover Staff: Courtney Spears istri Wilmington Project Name: Artificial Reef- 491 er File: n/a River Basin: Cape Fear Initial date of application submittal: 4-13-17 Date application "received as complete' in the Field office: SITE DESCRIPTION/PERMIT INFORMATION ORW: ❑YesIQ No PNA: ❑Yes o Photos Taken: Yes No❑ Setback Required (riparian): Yes No Critical Habitat: ❑Yes ❑No Not Sure 15 foot waiver obtained: []Yeso Hazard NQVfication Returned: ❑Yes [to SAV: ❑Yes No ❑Not Sure Shell Bottom: ❑Yes No ❑ Not Temporary Impacts: Yes ❑No Sure Sandbags: ❑Yes PqNo ❑ Not Sure Did the land use classifi ti come Mitigatio equired (optional): from county LUP: []Yes No ❑Yes IANO /ooff Moratorium Conditions: Environment sessment Done: Length Shoreline: ❑Yes [lo ❑NA ❑Yes ❑No/A FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -o Clos S 220S Z,S— SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ---Fla Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HQW) I ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaioense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) RECEIVED ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ I II(A) Private w/ D&F up to 1 acre, 3490 ❑ II I(�ubtWr�J f to 1 can be applied - $250 acre; t b d - ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 re than 1 acre - $475 ❑ Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied, DCM needs DWQ agreement - $400 NCDMF AR491 Date: 4-13-17 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 r4:1. ^Ltd{ New Work Replace I Maint ❑ ❑ Y N / 1 New Work Lj Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y [:IN New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount 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 ❑ MAY 0 4 2017 nCm- MHD CITY 919-733.2293 :: 1-888-4RCOAST :: www..nccoastalmanastement_net revised: 10/12/06