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HomeMy WebLinkAbout75-16 MM 2021 Town of Morehead CityPermit Class MODIFICATION/MAJOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit 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 Permit Number 75-16 Issued to Town of Morehead City, 706 Arendell St., Morehead City, NC 28557 Authorizing development in Carteret County within Pelletier Creek and Bogue Sound, in Morehead City , as requested in the permittee's application dated 6/24/20, including attached workplan drawings (3), Exhibit A dated 4/8/20 and Sheets I-2 of 2 both dated 5/20/20. This permit, issued on February 22, 2021 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) The Major Modification expands the dredge template as depicted in workplan labeled Sheet 2 of 2 dated 5/20/20. 2) Excavation shall not exceed -6 feet below the mean lower low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. (See attached sheets for additional conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Z_///Zp� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Morehead City ADDITIONAL CONDITIONS Spoil Disposal 4) No spoil material shall be placed within 30 feet of the mean high water line. Permit No. 75-16 Page 2 of 3 5) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 6) The spoil disposal area and offload site shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 7) The permittee and/or their contractor shall take all necessary precautions to ensure that the spoil material is properly contained during transport to the disposal site, and that all the proper coordination has taken place with the local or state governments to ensure that any damage to public streets caused by transport of the spoil material has been addressed. 8) In order to protect waters adjacent to the designated dredge spoil disposal site and offload site, the permittee shall provide the Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Section the dredge plan and the location of the spoil disposal site prior to any dredging activity, so a shellfish closure determination can be made, and documentation of this coordination provided to the Division of Coastal Management. Sedimentation and Erosion Control 9) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 10) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented at both the offload and spoil disposal sites, to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 11) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. General 12) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Town of Morehead City ADDITIONAL CONDITIONS Permit No. 75-16 Page 3 of 3 14) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. 15) This Major Modification shall be attached to Permit No. 75-16, which was transferred to the permittee on 3/4/20, as well as all subsequent modifications, refinements, and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 16) All conditions and stipulations of the active permit remain in force, under this Major Modification, unless specifically altered herein. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may required. NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW- 2016-01780. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2020-1153. NOTE: An application processing fee of $475 was received by DCM for this project. This fee alsc satisfied the Section 401 application processing fee requirements of the Division of Water Resources DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant:_.�---------- Type: (Check all that apply) New _ Major Mod Per # I , Minor Mod Renewal Permit Coordinator: &-tw ._ _ - Field Representative: Transfer Date Time Message �I0-)v� oUt �r C�►rnw� s1� IniStG� b.� 1�W1� C(ICw�D`yl . - '{u t�w� ( /• ` I pi ,", No1�`hGc lTa^� k"YG 0-A p(Du J, IUIl(Zo I" �N�� C;&- 'l 4��ti1 o (0 w1n�1�icG0+�5 Ck 1i Jc�t� ti`�11L� Owk;r DCM Coordinator: i Permit #: !&I Permit) Agents: DCM Field Offices Elizabeth City f Morehead City US ACOE Offices: Washington: MAILING DISTRIBUTION SHEET / Washington (with revised work plan drawings) ✓ Wilmington (OBJECTIONS ) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffens (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) r Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Jimmy Harrison Washington: Chris Pullinger-401 Tina Martin - 401 Roger Thorpe-Stormwater Garry Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Brunswick, New Hanover) Holley Snider-401 (Carteret, Onslow, Pender) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program Maria Dunn (WARD) f Rodney Butler `' oIv iDxcaorlti 414' r (NCDOT) Travis Wilson DICK HF4 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Town Of Morehead City Project Name (it applicable) Pelletier Creek Maintenance Dredging Applicant 1: First Name Ryan MI Last Name Eggleston Applicant 2: First Name MI Last Name If add clonal applicants, please attach an additional page(s) wfth names listed. Melling Address 706 Arendell Street PO Box City Morehead City State North Carolina ZIP 28557 Country USA Phone No. 252-728.6848 ext.110 FAX No. - - Street Address (if dllfererd tan shove) Clly State ZIP Email Ryan.Eggleston@moreheadoitync.org 2. AgenitConhactorinformation Business Name Moffatt & Nichol Agent/ Contractor 1: First Name Robert MI B Last Name Neal Agent/ Contractor2: First Name MI Leal Name Malling Address 238 Princess St PO Box city Wilmington State NC ZIP 28401 Phone No. 1 910 - 218 - 7100 stet. Phone No. 2 - - exl. FAX No. Contractor t Street Address (If different from shove) City Slate ZIP Email Rneal@motfattnichol.com <Form continues on back> 252-808-2808 .. 1-888-4RCOAS7 .. www.nccoastalmanayemcet.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit County (can be multiple) Street Address State Rd. 9 Carteret 4700 South Shore Drive n/a Subdivision Name City State Zip Pelletier Creek Morehead City NC 28557- Phone No. Lot No.(s) (if many, attach additional page with list) ext. I I I a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project White Oak River Basin Pelletier Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. NNatural ®Manmade ❑Unknown Bogue Sound a. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed NYOS ❑No work falls within. Morehead City, NC . .. . .......... . . .. . . ....... a. Total length of shorellne on the tract (ft.) b. Size of entire tract (sq.ft.) NIA 2.2 acres c. Size of Indlvldual lot(s) d. Approximate elevation of tract above NHW inormathigh water) or Submerged Lands, NWL (normal water level) (if manylotskes, please attach additional page with a list) rile EINHWorEINWL a. Vegetation on tract None I. Man-made features and uses now on tract Nla. g. Identify and describe the existing land uses adlace to the proposed project site. Residential and commerical, manna businesses h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? We (Attach zoning compliance certificate, If applicable) ❑Yes ❑No NNA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ONA If yes, by whom? I. Is the proposed project located In a National Registered Historic District or does it Involve a ❑Yes ❑No RNA National Register listed or eligible property? <Form continues on next page> 252.808-2808 i: I.888.4RCOAST :. www.riccoastalmanagement.not Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (il) Are there coastal wetlands on the site? []Yes ®No (II) If yes to either (1) or (d) above, has a delineation been conducted? []Yes ❑No (Attach documentation, ffami/able) n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. None 5 Achv�tiesand Impacts a. Will the project be for commercial, public, or private use? ❑Commerclal ®Public/Governmenl ❑PdvatefCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Pelletier Creek entrance channel provides access to a harbor of refuge for recreational boaters. The entrance channel also -helps support small businesses and residential boating communities dependent on navigable access to Bogus Sound. This process will allow for safe ingress and egress of approximately 400 or more vessels. 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. Maintenance dredging operations will be conducted by the bucket to barge methodology where an excavator positioned on a floating barge places dredge material in a barge for transport to an off-loading or transfer site. The material will be transferred from the floating equipment to dump trucks at the transfer site. The dump trucks will haul the material to an end -use placement area. d. List all development activities you propose. Maintenance Dredging e. Are the proposed acgvibes maintenance of an existing project, new work, or both? Maintenance f. What is the approximate total disturbed land area resulting from the proposed project? 2.2 Ac - Dredge Area ❑Sq.R or[RAcres g. Nil the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to wafers of the stale. Small amounts of dredge effluent will leak from dredge material during transfer between the floating barges and dump truck equipment. I. Will wastewater or stoanwaler be discharged Into a welland? ❑Yes ®No []NA If yes, will this discharged water be of the some salinity as the receiving wafer? []Yes ❑No []NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 252-808-2808 :: i-88B-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following Items below, If applicable, must be submitted In order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application Instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (Including plan view and cross-sectlonal 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 suffidently 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 01le to the affected propertles. 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 mall. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Phone No. Address Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract Include permit numbers, pannittee, and Issuing dates. CAMA Permit 75-16, issued to Pensacola Yacht Club in 2016 an transferred to the Town of Morehead City on March 04, 2020. h. Signed consultant or agent authorization forth, Ifapplicable. 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. 1 7. Certification and Permission to Enter on Land I 1 understand trial any permit Issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify ttfit the information provided in this application is truthful to the best of my knowI dge. Date 6 1'3Y () aG Print Name _Ryan Eggleston, C' 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 MPA Structures Information 252-808-2808 .. 1-868-4RCOAST .. www.ucconstalmanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL stabilization Length 1,900 It Width 50 it Avg. Existing Approx. -4.5 Depth MLLW Final Project -6(-5+1) Depth MLLW NA NA 1 EXCAVAT/ON OTi(l sectron�otapphcablei a. Amount of material to he excavated from below NHW or NVVL In b. Type of material to be excavated. cubic yards. silty sand, sandy silt, and silt 4.500 CY c. (1) 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), 0 CY or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (II) Describe the purpose of the excavation in these areas: 2 DISPOSAL OF EXCAVATED MATERIALMEW 9RWfirs section not applrcable' a. Location of disposal area. b. Dimensions of disposal area. Determined by Contractor N/A c. (I) De you claim Ego to disposal area? d. (1) Will a disposal area be available for future maintenance? []Yes RNo ❑NA []Yes []No RNA (i) If no, attach a letter granting permission from the owner. (it) If yes, where? e. (1) Dees the disposal area include any coastal wetlandsimarsh I. Q) Does the disposal include any area In the water? (CW) submerged aquatic vegetation (SAV), shell bottom (SB), []Yes NNo ❑NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. Ca7 If yes, how much water area Is affected? ❑CW ❑SAV ❑SB _ ❑WL RNone (I) Describe the purpose of disposal In these areas: 252.808.2808 :: 1.8884RCOAST :: wwwmccoastalmananelnent net revised: 12126/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ®This section not applicable (f/ development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: []Bulkhead ❑Riprap ❑BreakwaterlSlll ❑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 back011_ Rlprap Breakwater/SIII_ Other_ L Source of fill material. b. Length: Wdth: d. Maximum distance waterward of NHW or NWL: f. (I) Has there been shoreline erosion during preceding 12 months? []Yes ❑No []NA (IQ If yes, stale amount of erosion and source of erosion amount Information. In. Type of fill material. 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (1) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (1) Wit fill material be placed in coastal wedandslmarsh (CW), If yes, (to Amount of material to be placed in the water (Ie) Dimensions of fill area (Iv) Purpose of fill submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL []Now (it) Describe the purpose of the fill in these areas: S. GENERAL a. How Wit excavated or fill material be kept on site and erosion b. What type of oonstruclion equipment will be used (e.g.. dragline, controlled? backhoe, or hydraulic dredge)? Standard erosion controls and best management practices Excavator and barge along with dump trucks for material (earthen berms, sill fencing, etc.) transport. c. (1) Will navigational aids be required as a result of the project? NYes ❑No ❑NA (ii) If yes, explain what type and how they will be implemented. Aids are currently present, they should be removed for the dredging event and replaced after project completion. N Date Pelletier Creek Maintenance Dredging Project Name d. to Will wetlands be crossed In transporting equipment to project site? ❑Yes RNo []NA (it) If yes, explain steps that will be taken to avoid or minimize environmental Impacts. Ryan Eggleston Applicant Name Applicant ignat 252-805-2808:: 1-888.4RCOAST::w .nccoastalmanaaement.net revised: 12126106 Bodnar, Gregg From: Bodnar, Gregg Sent: Thursday, January 21, 2021 1:44 PM To: Neal, Robert; Styron, Heather M. Cc: Huggett, Douglas Subject: RE: [External] Pelletier Creek - Adjacent Property Owner Notifications Afternoon Robert, Hope all is well. I wanted to verify that there are a total of 10 notifications, we have 8 delivered, 1 is available for pickup (listed below 4593) and 1 still out there? If this is correct can you send me that tracking number and I can follow it. Since this project is on applicant hold let me know when you would like to restart the clock, but we will not be able to make a final decision until 30 days past the documented receipt of the last notification or until we receive a signed notification of any notices still within the 30 day window. So with two notifications out there we are still in limbo with starting the 30 day comment period until the final outstanding notification is received. Here are the processing metrics... Accepted as complete 7/22/20 Applicant hold as of 10/1/20 75 day 10/5/20 So the adjusted 75 day will be determined when you request to take the project off hold. Please let me know how you would like to proceed and if there are still notifications outstanding, Gregg From: Neal, Robert <rneal@moffattnichol.com> Sent: Wednesday, January 20, 2021 1:03 PM To: Styron, Heather M. <heather.m.styron@ncdenr.gov> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Huggett, Douglas <dhuggett@moffattnichol.com> Subject: RE: [External] Pelletier Creek - Adjacent Property Owner Notifications External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Well I was hoping 9 of the 10 notifications would be enough... Q From the USPS notifications, the letter arrived at the Maryland Post Office today. (See below.) January 20, 2021, 9:45 am Arrived at Unit LEXINGTON PARK, MD 20653 Your item arrived at the Post Office at 9:45 am on January 20, 2021 in LEXINGTON PARK, MD 20653. The tracking number is: 7019 1640 00010909 4593. The notification is going to PO Box 176 1 Patuxent River I MD 20670 -7 would help build the file. Thoughts? Robert Neal Moffatt & Nichol 238 Princess Street [ Wilmington, NC 28401 D 910.218.708210 910.218.71001 C 910.524.3285 From: Styron, Heather M. <heather.m.styron@ncdenr.gov> Sent: Wednesday, January 20, 2021 12:51 PM To: Neal, Robert <rneal@moffattnichol.com> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Huggett, Douglas <dhuggett moffattnichol.com> Subject: RE: [External] Pelletier Creek - Adjacent Property Owner Notifications Thank you. Are you still waiting for the ninth one? From: Neal, Robert [mailto:rneal@moffattnichol.com] Sent: Wednesday, January 20, 202112:50 PM To: Styron, Heather M. <heather.m.styronC@ncdenr.gov> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.eov>; Huggett, Douglas <dhuggett@moffattnichol.com> Subject: RE: [External] Pelletier Creek - Adjacent Property Owner Notifications CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Not sure what happened there. Let's try again... This time there should be 8. Robert Neal Moffatt & Nichol 238 Princess Street I Wilmington, NC 28401 D 910.218.708210 910.218.71001 C 910.524.3285 From: Styron, Heather M. <heather.m.stvron@ncdenr.gov> Sent: Wednesday, January 20, 2021 12:46 PM To: Neal, Robert <rneal@moffattnichol.com> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: [External] Pelletier Creek - Adjacent Property Owner Notifications CAUTION: This email originated from outside of the organization. I only see five on the attachment. Did you send the others previously? From: Neal, Robert [mailto:rneal@moffattnichol.coml Sent: Wednesday, January 20, 2021 10:14 AM To: Styron, Heather M. <heather.m.stvron@ncdenr.gov> Cc: Huggett, Douglas <dhuggett@moffattnichol.com>; Sandi Watkins<sandi.watkins@moreheadcitvnc.org> Subject: [External] Pelletier Creek - Adjacent Property Owner Notifications CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Good morning Heather, Please find attached, 8 of the 9 green cards returned from the adjacent property notifications for Pelletier Creek (Morehead City). . (Note, 10 properties were notified but only 9 owners.) Please let me know if any additional information is required to complete the Pelletier Creek Major CAMA modification! Thank you for your assistance with this process! Best Regards, Robert Neal, P.E. 1/11 1 7 rZaam moffatt & nichol j 238 Princess Street I Wilmington, NC 28401 D 910.218.7082 10 910.218.7100 1 C 910.524.3285 Creative People, Practical Solutions. 0 Connect with us: I Facebook I Linkedln I Twitter Per Title VI of the Civil Rights Act, Moffatt & Nichol will not discriminate on the grounds of race, color, or national origin in the selection and retention of subconsultants, including procurement of materials and leases of equipment. Moffatt & Nichol will ensure that minorities will be offorded full opportunity to present proposals and will not be discriminated against in consideration for an award. For additional Information go to: http://www moNattnichol.cam/content/small-business-outreach ROY COOPER NORTH CAROLINA Governor Environmental Quaafy MI . EGAN / Secretary R DR ctor N C. DAVIS 4 Director October 2, 2020 Moffat and Nichol Robert Neal (meal@moffattnichol.com) Dear Mr. Neal: This correspondence acknowledges your October 1, 2020 email in which you indicated that you wish to place his CAMA Major Permit Modification request for CAMA Permit No. 75-16 for The Town of Morehead City, in abeyance until riparian notifications can be distributed. Based on this request, processing of your application will he placed on hold as of October 1, 2020 and until such time as a written request is received in this office requesting a resumption of application processing. As required by NCAC T15A:07J.0204(d), the permit processing period will not run. Upon my receipt of a written request to reinitiate processing, the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning this matter, please feel free to contact me at (252) 808- 2808 ext. 215, or by e-mail at gregg.bodnar@ncdenr.gov. CC: Heather Styron DCM Sincerely, Gregg Bodnar Assistant Major Permits Coordinator RE Q2� North Cardin Departmem of Environmental Quality I DMslon of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.B08.2808 Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, October 2, 2020 9:33 AM To: Neal, Robert Cc: Styron, Heather M. Subject: Town of MHC #75-16 applicant hold acknowledgement Attachments: Town of MHC 75-16 VOL HOLD.pdf Morning Robert, Please see above for the applicant hold acknowledgement. Please send along the notifications when available and let me know if there is anything you need of me. Thanks as always, Gregg lYCsiNl�tit [nromrtea�$� Gregg Bodnar Assistant Major Permits Coordinator DMsion of Coastal Management Department of Environmental Quality 252 808 2808 ext 2IS (Offlce) Greco. Bodnar6Dncdenr.gov Email correspondence to and from this address is subject to the North [arvlirra Public Records Low and may be disdosed to third parties. Bodnar, Gregg From: Styron, Heather M. Sent: Thursday, October 1, 2020 1:45 PM To: Bodnar, Gregg Subject: FW: [External] RE: Pelletier Creek Modification request FYI From: Neal, Robert [mailto:rneal@moffattnichol.com] Sent: Thursday, October 1, 20201:15 PM To: Styron, Heather M. <heather.m.styron@ncdenr.gov> Subject: RE: [External] RE: Pelletier Creek Modification request External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Thanks Heather. We probably should put this on applicant hold until we can get the green cards. It might be 3-4 weeks before we get the notifications back. That work for DCM? Robert Neal Moffatt & Nichol 238 Princess Street I Wilmington, NC 28401 D 910.218.708210 910.218.71001 C 910.524.3285 From: Styron, Heather M. <heather.m.stvron(Mncdenr.aov> Sent: Thursday, October 01, 2020 12:39 PM To: Neal, Robert <rneal0Drnoffattnichol.com> Subject: RE: [External] RE: Pelletier Creek Modification request Gregg stated the following as well. See below; "OK. Let him know that if he can get them quick then we don't need to put on hold. If they are green cards I will for the time they are out." C From: Styron, Heather M. Sent: Thursday, October 1, 202011:34 AM To: Neal, Robert <rneal@moffattnichol.com> Subject: RE: [External] RE: Pelletier Creek Modification request Sorry I did not catch this sooner 0 From: Neal, Robert [mailto:rneal@moffattnichol.com] Sent: Thursday, October 1, 202011:34 AM To: Styron, Heather M. <heather.m.styron ncdenr.sov> Subject: RE: [External] RE: Pelletier Creek Modification request ® External email. Do"not cl k !mks or open attachments°unless.you verify: Send all suspicious email asan attachmentito Well, I tried... Thanks for keeping me straight! Robert Neal Moffatt & Nichol 238 Princess Street I Wilmington, NC 28401 D 910.218.708210 910.218.71001 C 910.524.3285 From: Styron, Heather M. <heather.m.stvron@ncdenr.aov> Sent: Thursday, October 01, 2020 11:32 AM To: Neal, Robert <rneal@moffattnichol.com> Subject: RE: [External] RE: Pelletier Creek Modification request Thanks for this @ Gregg should contact you on whom you need to notify but you do need to notify even if it is a modification, especially a major modification. I apologize for not catching this sooner and letting you know. From: Neal, Robert [mailto:rneal@moffattnichol.coml Sent: Thursday, October 1, 2020 11:29 AM To: Styron, Heather M. <heather.m.stvron@ncdenr.sov> Cc: Cannon, Amanda J <Amanda.Cannon@ncdenr.eov> Subject: RE: [External] RE: Pelletier Creek Modification request Sorry missed the last question. The connecting waters depth is about -15. The contours on sheet 2 show the existing depths around -14 /-15 at the AIWW confluence. Although the small text is extremely difficult to see. I've also attached a recent USACE survey of the same area to show the water depths. The USACE survey is easier to read. Please let me know if I can provide any additional information.. Robert Neal Moffatt & Nichol 238 Princess Street I Wilmington, NC 28401 D 910.218.708210 910.218.71001 C 910.524.3285 From: Styron, Heather M. <heather.m.styron@ncdenr.gov> Sent: Thursday, October 01, 2020 11:18 AM To: Neal, Robert <rneal@moffattnichol.com> Cc: Cannon, Amanda 1 <Amanda.Cannon@ncdenr.aov> Subject: RE: [External] RE: Pelletier Creek Modification request Hello Mr. Neal, Gregg Bodnar with the Major permit section asked if I received the adjacent neighbor notifications for this project and I am having trouble locating them in my files. Did you send these with the modification submittal? He also is requesting the connecting water depths because we can't locate it on the plats. Any help would be appreciated. Thanks, Heather From: Neal, Robert fmailto:rneal@moffattnichol.com] Sent: Wednesday, September 2, 2020 4:05 PM To: Cannon, Amanda J <Amanda.Cannon@ncdenr.eov>; Styron, Heather M. <heather.m.styron@ncdenr.gov> Subject: RE: [External] RE: Pelletier Creek Modification request Thank you very much, sorry for all of the confusion! Robert Neal Moffatt & Nichol 238 Princess Street I Wilmington, NC 28401 D 910.218.708210 910.218.71001 C 910.524.3285 From: Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Sent: Wednesday, September 02, 2020 4:02 PM To: Neal, Robert <rneal@moffattnichol.com>; Styron, Heather M. <heather.m.styron@ncdenr.aov> Subject: RE: [External] RE: Pelletier Creek Modification request As of right now I believe we have everything. I forwarded the electronic files to Heather last week. I believe her and Roy are reviewing them. Division of Coastal Management Department of Environmental Quality 252.808.2808 Ext. 206 252.247.3330 Fax Amanda.Cannon (ancdenr.gov 400 Commerce Ave Morehead City, NC 28557 --,-' Nothing Compares, -.,- Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Neal, Robert [mailto:rneal@moffattnichol.com] Sent: Wednesday, September 2, 2020 9:22 AM To: Styron, Heather M. <heather.m.stvron@ncdenr.gov> Cc: Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Subject: RE: [External] RE: Pelletier Creek Modification request Good morning Heather & Amanda, I apologize for not following up on this sooner, but are we all set with the Pelletier Creek permit modification? Just want to make sure we got the electronic files to the correct contact. Thank you both for your assistance! Robert Neal Moffatt & Nichol 238 Princess Street I Wilmington, NC 28401 D 910.218.708210 910.218.71001 C 910.524.3285 From: Styron, Heather M. <heather.m.stvron@ncdenr.gov> Sent: Thursday, August 06, 2020 3:06 PM To: Neal, Robert <rneal@moffattnichol.com> Subject: RE: [External] RE: Pelletier Creek Modification request Yes. We are still teleworking but the lobby is open from 10 to 2 Monday— Friday. There is a basket you can leave it in but I suggest putting it in a sealed folder and writing on the folder what it is for. You can out attention Amanda. Thanks @ From: Neal, Robert [mailto:rneal(a@moffattnichol.com] Sent: Thursday, August 6, 2020 3:04 PM To: Styron, Heather M. <heather.m.styronPncdenr.gov> Subject: [External] RE: Pelletier Creek Modification request Awesome, Can we hand deliver? I apologize one was not included, it should have been attached in the binder. Robert Neal Moffatt & Nichol 238 Princess Street I Wilmington, NC 28401 D 910.218.708210 910.218.71001 C 910.524.3285 From: Styron, Heather.M. <heather.m.styron@ncdenr.gov> Sent: Thursday, August 06, 2020 3:02 PM To: Neal, Robert <rneal@moffattnichol.com> Subject: RE: Pelletier Creek Modification request CAUTION: This email originated from outside of the organization. Never mind on the fee. I just found it. I apologize. Providing a USB for Amanda would be helpful though. From: Styron, Heather M. Sent: Thursday, August 6, 2020 3:00 PM To: Neal, Robert<rneal@moffattnichol.com> Subject: Pelletier Creek Modification request Hello Mr. Neal, Did you send the permit fee for this and a USB? Thanks, Heather r- DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Town ojMorehead City COUNTY: Carteret PROJECT NAME: 75-16 Major Mod - Peletier Creek Maintenance Excavation LOCATION OF PROJECT: Morehead City DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7-22-20 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: Styron DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 8-30-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 10-5-2Z� HOLDS: w,(- 'llu VA "110 EMAIL OUT DATE: 9-8-20 PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: Yes DISTRICT OFFICE: MHC FEE REC'D: $475 # Click or tap here to enter text. END OF NOTICE DATE: 9-21-20 DEED REC'D: No 150 DAY DEADLINE: STATE DUE DATE: Click or tap to enter a date. AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep Z DCM — LUP Consistency Determination ' Local Permit Officer Corps of Engineers — Regulatory Branch tZd 4PZ75Z016 -- O L i &C> DWR-401 Section I U U2 DWR—Public Water Supply 4 >- DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office Wildlife Resources Commission r '3D DMF — Shellfish Section �o tiles t DMF — Habitat & Enhancement t ZJ jC DNCR — Archives & History IZ t DNCR — Natural Heritage Program NCDOT NC Dept of Commerce IT 11 10 �' ROY COOPER Governor MICHAELS. REGAN Secretary. BRAXTON C. DAVIS Director DATE: August 26, 2020 TO: Gregg Bodnar THRU: Roy Brownlow FROM: Heather M. Styron NORTH CAROLINA Environmental Quality MEMORANDUM SUBJECT: Comments and Recommendations - CAMA Major Permit Major Modification75-16 —Town of Morehead City, Peletier Creek Maintenance Excavation, Morehead City, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal involves the maintenance excavation of the existing USACOE channel at the entrance of Peletier Creek. The applicants are asking to dredge within the 50' x 1900' x -5' 1954 USACOE approved channel footprint. The development conforms to the guidelines set forth under 15A NCAC 07H .0208. The waters of Peletier Creek are closed to shellfish harvest and is not a Primary Nursery Area. Provided the state and federal agencies concur with the proposal, the District recommends the project be authorized as proposed, contingent upon the following conditions: No SAV or shellfish areas shall be excavated or filled. The permitted activity shall be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. The final excavation depth shall not exceed -6' (-5'+ -1' over dredge) mllw in all areas. Before commencing with offloading, sedimentation measures shall be taken to prevent spoil seepage and runoff into the adjacent waterbody and within the estuarine shoreline area. The bottom substrate shall be restored to predevelopment elevations and contours resulting from any spoil spillage. �DWQ� North Carolina Department of Environmental Quality l Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 ROY COOPER Gmernor MICHAEL S. REGAN Secretary NORI"H CAROLM September 8, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnarcDncdenr.gov SUBJECT: CAMA Permit Application Review— Major Modification 75-16 Applicant: Town of Morehead City Project Location: 4700 South Shore Dr., Carteret County Proposed Project: Maintenance Dredging BRAXTON DAVIS Ulrectoq lllvlslon fCuarm/ Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by September 29at 2020. If you have any questions regarding the proposed project, contact Heather Styron (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Mark Brown AGENCY Public Water Supply SIGNATURE DATE 9-9-20 RECEIVED S E P 9 2020 MP SECTION MHD State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 z1 NORTH CA.RCL KA Fna'irar.T,»titi'%1L'a', September 8, 2020 ROY COOPER MICHAEL S. REGAN s rmCwy FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax 252-247-=0 (Courier Oct-f6-33) grega-bodnar9l), ncden r qay SUBJECT-- CAMA PermitAppliwGon Review —Major Modification 75-16 Applicant" Town of Morehead City Project Location: 4700 South Shore Dr., Carteret County Proposed Project Maintenance Dredging BRAXTON DAVIS ldlixcta+. lk,S:aioj CcGsn:! (�.Skp',�C�11LRP Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by September 2912020. if you have any questions regarding the proposed project, contact Heather Styron CM) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" x This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRlN'rt"E Lee Padrick RECEIVED AGENCY M NATURE GATE NC Commerce SEP 1 7 2020 PJAP SECTION MHD 9-11-20 s�e,�ca� l �tQ�ty�tacen�� ROY COOPER Governor MICHAEL S. REGAN Secretary NORTH CAROLINA h'nvirmnmenlol Qualin� September 8, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Couriei104.16-33) greoo. bodnar(a)ncdenr.00v SUBJECT: CAMA Permit Application Review— Major Modification 75-16 Applicant: Town of Morehead City Project Location: 4700 South Shore Dr., Carteret County Proposed Project: Maintenance Dredging BRAXTON DAVIS Director, Division of Coastal Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by September29512020. If you have any questions regarding the proposed project, contact Heather Styron (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "*Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Rachel Love-Adrick I4GE'NCY Division of Coastal Management "NATURE DATE 9/15/2020 RECEIVED SEP 1 7 2020 MP SECTION fl9 HD State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 ROY COOPER Governor MCHAELS.REGAN secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Qaapty TO: Gregg Bodnar, Asst. Major Permits Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner Division of Coastal Management SUBJECT: Major Permit Modification to Major Permit 75-16 Date: September 15, 2020 RECEIVE® S E P 1 7 2020 P SECTION MHD Consistency Determination: The request is consistent with/not in conflict with the Town of Morehead City Land Use Plan certified by the CRC on September 28, 2007. Overview: The subject property is located off highway 70 East in Morehead City. The proposed project excavation site is located at the USACOE channel entrance to Peletier Creek off of Bogue Sound. According to the Town of Morehead City (the applicant), the channel was federally authorized in 1954 for 50' x 1900' x -5' mllw channel. According to the applicant, this area was excavated in 2001, 2008, 2016 and 2020. The current major permit authorized a 30' x 900' x -5' channel. The Town of Morehead City is proposing a modification to the previously permitted channel excavation (Permit 75-16) of 30' x 900' x -5' to the federally authorized channel of 50' x 1900' x-6' within Peletier Creek. The existing water depths within these areas are an average of-4.5 mllw with the connecting water depths at the channel entrance at -6'NL W or greater. A total of approximately 4,500 cubic yards of material would be removed from the main channel area with an excavation footprint of 50' x 1900'. The final depth for the entrance channel would be -6' (-5'+ -1' over dredge) mllw. The excavation would be done by bucket to barge and taken offsite to a preapproved spoil location. Per the applicant, the excavation of the original 50' x 1900' x -6' USACOE channel is necessary due to the area is a Harbor of Refuge and a means of continued commerce and livelihood for the small business as well as safe passage for boaters within the area. Areas of Environmental Concern (AEC) include Public Trust Area and Estuarine Water. This portion of Bogue Sound is classified as SB (Primary Recreation, Salt Water). This area of Bogue Sound is not designated as a Primary Nursery Area and is closed to the taking of shellfish. No Submerged Aquatic North Carolina Department of Envlromnental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 Vegetation (SAV) habitat or shellfish resources were found at the site. A review of historic and archaeological resources was not provided. Anticipated impacts resulting from this project are expected to include: an increase turbidity and cause approximately 95,000 square feet of disturbance to shallow bottom habitat. There will be no impact to SAV or shellfish. Spoils would be barged and offloaded at a preapproved site. There would be spoil spillage at or near the shoreline and water column during the offloading process from the barge to the dump truck. Sedimentation measures would need to be taken to prevent spoil seepage and runoff into the adjacent waterbody and within the estuarine shoreline area. Any residual spoil berms on the bottom substrate would need to be restored to predevelopment elevations and contours. Basis for Determination: The Town of Morehead City Future Land Use Map (FLUM) designates all estuarine waters as "Conservation/Open Space". The project appears consistent with the Future Land Use designations. The following LUP policies may be applicable to this request: Areas of Environmental Concern (4.2.6, P. 94) Policy 1: "The Town of Morehead City supports state and federal law regarding land use and development in AECs". Policy 5: "...supports the use standards for estuarine and public trust areas as specified in 15A NCAC .0207". MCI S E P 1 7 2020 MP SECTION MHD D Q�� North Carolina Department of environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 26557 252.8082808 Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Tuesday, September 15, 2020 2:29 PM To: Bodnar, Gregg Subject: [External] FW: CAMA Major Modification Request - 75-16 External email. Do not click links or open attachments unlessflu all lu�p" reoort.soam(Wnc.aov Email #2.... see below From: Hair, Sarah E CIV CESAW CESAD (US) Sent: Tuesday, September 15, 2020 2:06 PM To: Weychert, Curtis R <curt.weychert@ncdenr.gov> Subject: RE: CAMA Major Modification Request - 75-16 Hey Curt, Just following up. The Corps Planning and Navigation Branches will need to update the 408 for this project to accurately reflect the work. The previous 408 for Pensacola Yacht Club was only for the 900'X30' dredge footprint and not the full federal project. I have re -coordinated w/NMFS-HCD and FWS. I'll let you know when I hear back. Have a good one. Liz From: Hair, Sarah E CIV CESAW CESAD (US) Sent: Tuesday, September 8, 20201:27 PM To: Weychert, Curtis R <curt.wevchert@ncdenr.gov> Subject: FW: CAMA Major Modification Request - 75-16 Importance: High Hey Curt, I will re -coordinate the modification w/ the appropriate federal agencies to ensure that their comments will not change. Not sure if the 408 will need to be updated, but will let you know ASAP. Hope you are doing well. Liz From: Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Sent: Tuesday, September 8, 2020 10:54 AM To: Love-Adrick, Rachel A <rachel.love-adrick@ncdenr.sov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.armv.mil>; Padrick, Lee <lpadrick@nccommerce.com>; DCR - Environmental —Review <Environmental.Review@ncdcr.aov>; Cox, Heidi <heidi.cox@ncdenr.gov>; Harding, Kimberlee k <Kimberlee.Hardine@ncdenr.gov>; Harrison, James A <James.Harrison@ncdenr.gov>; Harris, David B <davidharris@ncdot.zov>; Jenkins, Shannon <shannon.ienkins@ncdenr.gov>; Gupton, Sharon 'Y— NORTH CAROLiNA Ynwmm�cwal O „ b"r September 8, 2020 MEMORANDUM: ROY COOPER Gnvemar MICHAEL S. REGAN 5'ecmlary FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) arepo.bodnar(a)ncdenr.00v SUBJECT: CAMA Permit Application Review— Major Modification 75-16 Applicant: Town of Morehead City Project Location: 4700 South Shore Dr., Carteret County Proposed Project: Maintenance Dredging BRAXTON DAVIS A.w,, Umisinn gj('aavml Managemem Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greoo Bodnar at the address above by September 295( 2020. If you have any questions regarding the proposed project, contact Heather Styron (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. *** Please see attatched memo for comments regarding spoil disposal PRINT NAME Shannon Myers AGENCY DMF- Shellfish Sanitation and Recreational Water Quality SIGNATURE for Shannon Jenkins RECEIVE® DATE September 29, 2020 OCT 2 2020 State ofNonh Carolina I Environmental Quality I Coastal Management Mpq SECTION MH® 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 ROY COOPER G" .. MICHAEL S. REGAN Secretory STEPHEN W.MURPHEY Director MEMORANDUM TO: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ -Division of Coastal Management400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330(Courier 04-16-33) g-regg bodnar@ncdenr.go FROM: Shannon Myers Shellfish Sanitation and Recreational Water Quality Section Division of Marine Fisheries, NCDEQ THROUGH: Shannon Jenkins Shellfish Sanitation and Recreational Water Quality Section Division of Marine Fisheries, NCDEQ DATE: September 29, 2020 SUBJECT: Maintenance Dredging- Town of Morehead City The planned spoil disposal site for this project is not specified within the application. Because the dredge material is being removed from an area that is closed to shellfishing any discharge from the dredge spoils at any time into approved shellfishing waters will cause a shellfish closure. It is requested that our section be notified of the dredging plan and spoil disposal location prior to any dredging activity, so that we can determine at that time if a shellfish closure is needed. RECEIVED OCT 2 2020 MP SECTION MHD State of North Carolina I Dlvi+ion of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1, Morehead City, North Carolina 28557 252-721, 7021 ROY COOPER. Gm,V,nor MICHAEL S. REGAN Secretary NORTH CAROLWFl i�S:ri:nnmm�r,r Qudlrp' September 8, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) greea.bodnarcilncdenr.00v SUBJECT: CAMA Permit Application Review— Major Modification 75-16 Applicant: Town of Morehead City Project Location: 4700 South Shore Dr., Carteret County Proposed Project: Maintenance Dredging BRAXTON DAVIS lllrecbq Uinixinn a/Caaaal Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by September 29s' 2020. If you have any questions regarding the proposed project, contact Heather Styron (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" x This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME James Harrison AGENCY NCDMF SIGNATURE fnB� DATE 2 October 2020 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NO 28557 (252) 808-2808 OCT 2 2020 Mir SECTION MHD .Z}i1.i Jirfb.l :'}L.i'!:)riir/1•. September 8, 2020 MEMORANDUM:. FROM: ` SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER *. (infMrRnf= MICHAEL S. REGAN Serrrhm• Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (CourieriWfi 33), areambodnarOncdennnov CAMA Permit Application Review - Major Modification 75-16 Town of Morehead City 4700 South Shore Dr., Carteret County Maintenance Dredging BRAXTON DAVIS birccmr, fiiri.gnn q/f nnxrnl ' SlonngrmdN Please indicate below your agency's position or, viewpoint on the proposed project and ,return ibis fonn to Gregg Bodnar at the address above by September 20et 2020. If you have any questions, regarding the proposed project, contact Heather Styron (252) 808-2808 when appropriate, in-depth comments .with supporting data is requested. ,REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached" _ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments: - �r,t{�B%V SIGNATUR �lcntol0� �-r--Q-t-'�� AT a-aa-az) KMCEIVE® 0 CT 2 6 2020 MP SECTION M"D State onionh Cmlina I Eovirmatea d Qualify I Coastal Mauagemeot 00 Commeru Ave. Morehead City, NC 28557 (252) 808-2808 Received: 9/25/2020 Historic Preservation Office R ER 16-0966 NORTH CAROLINA lim'ironnmtrm! Oualrp September 8, 2020 ROY COOPER Gm ►roar MICHAEL S. REGAN 5'ecnlnry BRAXTON DAVIS Olrrctnr, Division nf['aaslaf Managemen Due: 10/5/2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-1643) greeg.bodnara)ncdenr.eov SUBJECT: CAMA Permit Application Review— Major Modification 75-16 Applicant: Town of Morehead City Project Location: 4700 South Shore Dr., Carteret County Proposed Project: Maintenance Dredging NC - SBA 11/17/2020 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by September29512020. If, you have any questions regarding the proposed project, contact Heather Styron (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY SIGNATURE DATE Historic Preservation Office 11 /24/2020 1 DEC 2 2020 6l P SUf a ��9� ��� S'� State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 DocuSign Envelope ID: 0871 CEE4-SA9F-4874-Al2F•70C23CDE1CC1 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Town of Morehead City Attn: Ryan Eggleston 706 Arendell Street Morehead City, NC 28557 NORTH CAROLINA Environmental Quality November 4, 2020 DWR Project # 2020-1153 Carteret County Subject Property: Pelletier Creek, Bogue Sound Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Eggleston: You have our approval, in accordance with the attached conditions and those listed below to perform maintenance excavation within Pelletier Creek, as described in your CAMA Major Development Permit application dated July 22, 2020, which was received by the Division of Water Resources (Division) on September 9, 2020. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4175 (GC 4175). This Certification allows you to use the General Permit No. 198000291 when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: Impacts Approved 1. The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: CEIVE® JAN 2 2 2021 MP SECTION MHD o D �� North Carolina Department of Environmental Quality I Division of water Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 WOo°`�� 910.796.ntS DocuSign Envelope ID: 08710EE4-5A9F-4874-Al2F-70C23CDE1CC1 Type of Impact Amount Approved (Units) Plan Location or Reference Open Waters Pelletier Creek Approximately 2.18 acres Figures 3 and Project Narrative (Maintenance Dredging) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee., 3. The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The applicant/permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. 6. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)] 7. The permittee shall report to the Wilmington Regional Office at (910) 796-7216 (after hours and on weekends call 800-868-0368) any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B..0200] including but not limited to sediment impacts [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. . Page 2 of 4 DocuSign Envelope ID: 08710EE4-5A9F4874-A72F-70C23CDEiCC1 8. Moratoriums You will comply with any moratoriums per the NC Division of Marine Fisheries and the NC Wildlife Resources Commission. Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. If such activities should take place during periods of high biological activity (e.g. anadromous species and shorebirds), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. 9. Please note that the area surrounding the project site contains submerged aquatic vegetation (SAVs). No impacts to SAVs are authorized by this certification outside the approved impacts specified herein. [15A NCAC 07H .0208(b)] 10. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; ff turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0221] 11. Dredging shall not cause Shellfish Closures. The effluent water from the dredge spoil should not be released into open shellfish waters. Marine Fisheries Shellfish Sanitation Section and the Division of Water Resources must be noted if this is to occur. 12. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return the enclosed certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion (the certification of completion is also available at: hfl):Hl)ortal. ncdenr.orgtweb/wa/swp/ws/401 /certsandi)ermits/aoolyfforms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). RECEIVED JAN 2 2021 IVY SECTION MHD Page 3 of 4 DocuSign Envelope ID: 0871 CEE4-5A9F-4874-Al2F-70C23CDE1 CC1 The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Bill Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Holley Snider in the DWR Wilmington Regional Office at 910.796.7304 or hclley.sniderCa)ncdenr.00v. Sincerely, El Docasipnea ey: 6ml` kUn.GA. ,/ -U" E3ASA14AC7DC434... Morelia Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: GC 4175 Liz Hair- USACE Wilmington Regulatory Field Office -Electronic Copy DWR 401 & Buffer Permitting Branch file-LF Gregg Bodnar - DCM Morehead City -Electronic Copy Robert Neal — Moffatt & Nichol- Electronic Copy WiRO RE El"g IVE® JAN 2 2 2021 MP SECTION MHD Page 4 of 4 Bodnar Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, January 28, 2021 3:59 PM To: Howell, Jonathan; Bodnar, Gregg Cc: Cannon, Amanda J Subject: [External] SAW-2016-01780 Town of Morehead City_Peletier Creek Maintenance dredging Attachments: RGP 2878 Signed Tearsheet_Town of Morehead Peletier Creek.pdf; RGP2878-2016-12-23.pdf; Drawings - MajMod 75-16.pdf; 2016 408 MFR.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Jonathan and Gregg, Please see attached. Corps conditions remain unchanged from the previous authorization and subsequent permit transfer. Please let me know if you have any questions. Liz Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sa ra h. e. h a i r@ u sa ce. a rmv. m i l Work Cell: 910-512-4456 Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, January 21, 2021 2:19 PM To: Bodnar, Gregg Subject: [External] RE: Town of MHC Peletier Creek Major Mod 76-16 Attachments: 2016 Peltier Creek GP 2878.pdf, RGP2878-2016-12-23.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Soam. Hi Gregg, Thanks for the update. The FWS and NMFS HCD had no comments on the revised project and no additional 408 review is required. The project will be authorized by Corps Regional General Permit (RGP) 2878 (attached).[ attached the 2016 authorization with additional special conditions (page 3-these will remain unchanged) for reference and will be drafting our authorization (with updated contacts/permittee and project description) as soon as I can. Let me know if you have any questions. Liz From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Thursday, January 21, 2021 1:40 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] Town of MHC Peletier Creek Major Mod 76-16 Hey Liz, I wanted to check on this on that I have on hold due to some riparian notifications. It will be coming off hold soon and I don't have anything from you in the file. Hope all is well, Gregg \E V Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 WS 2608 ext 215 (Office) G reggBod"f_@ncdenUov Email correspondence to and from this address is subject to the North Carolina public Records Law and may be disdosed to third parties. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2016-01780 County: Carteret U.S.G.S. Quad: NC-MANSFIELD GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number: Size (acres) Nearest Waterway USGS HUC Mr. Timothy Powell 1709 U.S. Highway 70 East New Bern, North Carolina 28650 919-255-0882 n/a Nearest Town Morehead City Boeue Sound River Basin White Oak River 03020301 Coordinates Latitude:34.724983 Longitude:-76.780308 Location description: The project site is located within the Peltier Creek USACE Federal project, adjacent to Pensacola Yacht Club, at 1708 U.S. Highway 70 East, New Bern, North Carolina. Description of projects area and activity: This verification authorizes impacts to waters of the U.S. in association with maintenance dredging of federal project by a orivate entity. Total proposed impacts include the removal of approximately 3,000 cubic yards of material from the Peltier Creek access channel and boat basin. Dredged material will be removed by bucket to baree method and taken to an offsite, upland disposal area. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: RGP 2878 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated June 7, 2016 and September 6. 2016. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Sarah Hair at 910-251-4049 or Sarah.E.Hairausace.armv.mil. UgItally vgn by HAIK5 MH.EA103K93512 Corps Regulatory Official: _ _ Me. 06,0�01611 p91519"0 Date: November 9, 2016 Expiration Date of Verification: December 31, 2016 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://re ug latoiy.usacesurvey.com/. Electronic Copy furnished: NC DCM, Ms. Courtney Spears NC DWR, Mr. Robb Mairs Town of Morehead City, Mr. Dale Price Town of Morehead City, Ms. Linda Staab Town of Morehead City, Mr. Daniel Williams USFWS, Ms. Kathy Matthews NOAA-NMFS, Dr. Ken Riley USACE-CESAW-ECP-PE, Ms. Jenny Owens USACE-CESAW-Real Estate, Mr. John Manning SPECIAL CONDITIONS 1) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee guidelines.odf. 2) For any operational activity that impacts the safe navigation on Federal waterways: The U.S. Coast Guard requires that the applicant provide the following information at least 10 days prior to operations commencing: a. Dates (Inclusive) of operation b. Hours of operation (24 hours/daylight hours only) c. Names of vessels involved d. Working and standby frequencies e. Specific Location (Mile marker/Channel) f. Any specific instructions or concerns that would be pertinent to the mariner. Send information to: USCG SECTOR NC WATERWAYS DIV 721 MEDICAL CENTER DRIVE WILMINGTON, NC 28401 OR VIA EMAIL: NCmarineevcnts(Zusce.mil 3) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. Action ID Number: SAW-2016-01780 County: Carteret Permittee: Mr. Timothy Powell Project Name: Pensacola Yacht Club/Peltier Creek/Carteret Date Verification Issued: November 9.2016 Project Manager: Sarah Hair Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEER WILMINGTON DISTRICT Attn: Sarah Hair 69 Darlington Avenue Wilmington, North Carolina 28403 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date 0 September 8, 2020 MEMORANDl1M: ROY COOPER MICHAEL S. REGAN .....,...01 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-l6-33) aregg.bodnar(aMcdenrclov SUBJECT: CAMA Permit Application Review— Major Modification 75-16 Applicant: Town of Morehead City Project Location: 4700 South Shore Dr., Carteret County Proposed Project: Maintenance Dredging BRAXTON DAVIS Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greao Bodnar at the address above by September 29" 2020. If you have any questions regarding the proposed project, contact Heather Styron (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. _,-f-This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME (ti1�nc lI van RECEIVED AGENCY n1(nl� FEB 3 2021 SIGNATURE �,-.�1� MP SECTION MHD DATE Scat. ofNorth CU-1u I &&iron ml QWRtY I Coasml Mmu9c 400 Coo c Ave. Mawhad City, NC 28557 (2.52)9ON-2888 <�> North Carolina Wildlife Resources Commission 4�I Cameron Ingrain, Executive Director MEMORANDUM RE C E NE D TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality F E B 3 2021 FROM: Maria T. Donn, Coastal Coordinator KIP SEyCCTION Wide Habitat Conservation Division DATE: February 3, 2021 SUBJECT: CAMA. Dredge/Fill Permit Modification for Town of Morehead City Peletier Creek, Permit #75-16, Carteret County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located within the entrance channel of Peletier Creek from the Bogue Sound in Morehead City, NC. Our comments arc provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Star. 401, as amended, 16 U.S.C. 661 et seq.). The applicant proposes to modify Permit #75-16 to match the 1954 US Army Corps of Engineers (USACE) 50' by 1900' channel to a depth of-5' MLLW with a -1' overdredge (-6' MLLW). This channel is the along the entrance of Peletier Creek in Morehead City and was permitted in 2016 to have a footprint of 30' by 900' to a depth of -5'. The existing water depths within these areas average -4.5' MLLW with connecting water depths at the channel entrance at -6 NLW or greater. A total of 4,500 CY of material would be removed within 95,000 ft2 of the expanded channel dimension via bucket to barge to a preapproved spoil location. The stated need for the expansion is due to the area's designation as a Harbor of Refuge and a means of continued commerce and livelihood. The Bogue Sound at this location is classified SB by the Environmental Management Commission. The NCWRC has reviewed the permit modification proposal and has tried to find records of maintenance dredging of the 1954 USACE channel to determine if the fully permitted channel has ever been dredged. While we recognize there has been dredging activity in the area, we could not find that the 50' by 1900' channel had ever been dredged to its permitted dimensions. If the full dimensions of the 1954 permit have never been executed, it is difficult to call the entirety of the project maintenance. The project area would increase from 0.62 acres in 2016 to 2.18 acres with the modification. To minimize impacts to the over 2- Mailing Address: Habitat Conservation - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919)707-0220 - Fax: (919)707-0028 Page 2 acre area that would be disturbed, we request the dredge footprint be restricted to only the area that has been previously dredged. If there are no records that indicate the 1954 USACE charnel has ever been fully dredged, we request the dredge footprint be reduced to minimize impacts. This can be done by reducing the final water depths (which may change the side cut and how the sides slough as well as the distance needed to connect to existing depths in the sound) or reducing the width and or length of the channel. To minimize impacts to aquatic resources, an April 1 — September 30 in -water work moratorium is requested for any permitted dredge activity. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunn(dmcwildlife. on RCEE Y ED F E B 9 2021 MP SECTION M ;D DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Peletier Creek Maintenance Excavation, Town of Morehead City 2. LOCATION OF PROJECT SITE: Major Modification to extend the maintenance excavation for the entrance channel of Peletier Creek within the 1954 designated USCOE 50' x 1900.' channel, Carteret County Photo Index - 2000: 41-522 O-Q (10) 2006: 41-8040 J (15) State Plane Coordinates - LAT 34°43'29.94 LON 76°46'49.11 3. INVESTIGATION TYPE: D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 8/20/2020 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — 7/14/2020 Application Complete- 7/22/2020 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Morehead City Land Classification from LUP — Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Water (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing —N/A Planned — none (F) Type of Structures: Existing — Excavated footprint of 30' x 900' x -4.5' Planned — maintenance excavation of existing entrance and 1954 federal authorized 50' x 1900' x -6' mllw USACOE channel to Peletier Creek (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: (A) Shallow Bottom 95,000 ft2 (D) Total Area Disturbed: 95,0001 (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant is proposing a major modification to existing major permit 75-16 to modify the previously permitted dredge footprint of 30' x 900' x -5' to match the 1954 federal maintenance limits of 50' x 1900' x -5' mllw (plus allowance for -1' over dredge for total of-6'mllw) USCOE channel along the entrance of Peletier Creek in Morehead City. Field Investigation Town of Morehead City Peletier Creek Page 02 9. Narrative Description: The Town of Morehead City, project is located off highway 70 East in Morehead City, Carteret County. The project area can be found via several different roads, however, the easiest viewing location is found by turning south off of Highway 70 East in Morehead City onto Mansfield Parkway (next to Kmart). Follow Mansfield Parkway to the end and turn left onto South Shore Drive. There is a private residence at the very end of this road, however there is an undeveloped private lot at the comer of Shore Drive and Tennessee Ave. that overlooks Bogue Sound. The Peletier Creek entrance is located to the east of this area. The subject area serves surrounding single family residences as well as surrounding businesses. The entrance channel to Peletier Creek is a USCOE designated channel with Peletier Creek designated as a Harbor of Refuge. According to the applicant, the channel was federally authorized in 1954 for a 50' x 1900i,(__--1 t x -5' mllw channel. The current major permit authorized a 30' x 900' x,-S''channel. According to the applicant, this area was excavated in 2001, 2008, 2016 and 2020. The water depths in the area to be excavated currently are -4.5 mllw, with a connecting water depth of -6' and greater leading south to the AIWW. The Division of Water Resources classifies this area as SB Waters. This part of Bogue Sound is not a designated Primary Nursery Area and is closed to the taking of shellfish. The Morehead City Land Use Plan certified in 2007 classifies this area as Conservation within the AEC. No shellfish resources or submerged aquatic vegetation were observed within the project area. There are single-family homes to the east and the west of the project location. 10. Project Description: t /(O The Town of Morehead City is proposing a modification to the previously permitted channel excavation of 30' x 900' x r5' to the federally authorized channel of 50' x 1900' x -6' within Peletier Creek. The existing water depths within these areas are an average of - 4.5 mllw with the connecting water depths at the channel entrance at -6'NLW or greater. A total of approximately 4,500 cubic yards of material would be removed from the main channel area with an excavation footprint of 50' x 1900'. The final depth for the entrance channel would be -6' (-5'+ -1' over dredge) mllw. The excavation would be done by bucket to barge and taken offsite to a preapproved spoil location. Per the applicant, the excavation of the original 50' x 1900' x -6' USACOE channel is necessary due to the area is a Harbor of Refuge and a means of continued commerce and livelihood for the small business as well as safe passage for boaters within the area. 11. Anticipated Impacts: The proposed excavation would increase turbidity and cause approximately 95,000 square feet of disturbance to shallow bottom habitat. There will be no impact to SAV or shellfish. Spoils would be barged and offloaded at a preapproved site. There would be spoil spillage at or near the shoreline and water column during the offloading process from the barge to Field Investigation Town of Morehead City Peletier Creek Page 03 the dump truck. Sedimentation measures would need to be taken to prevent spoil seepage and runoff into the adjacent waterbody and within the estuarine shoreline area. Any residual spoil berms on the bottom substrate would need to be restored to predevelopment elevations and contours. HEATHER STYRON Morehead City August 26, 2020 r. Pelletier Creek Maintenance Dredging Morehead City, NC Permit Modification Narrative Introduction The Town of Morehead City (Town) is requesting a permit modification to CAMA permit 75-16 to modify the Pelletier Creek dredge footprint to match the federal maintenance limits. The existing CAMA permit covers approximately 900-ft of the federally authorized entrance channel for Pelletier Creek at a 30-ft width. However, the River and Harbors Act of 1954 provided federal authorization for 1,900-ft entrance channel at a 50-ft width. Therefore, the proposed modification extends the permit limits to encompass the entire 1,900-ft channel entrance and match the 50-ft federally authorized width between Bogue Sound and the Pelletier Creek harbor of refuge. The modification request only modifies the dredge footprint and does not adjust the authorized depth, which remains -5-ft MLLW (+1). With the proposed modifications, maintenance events should not require removal of more than approximately 4,500 cubic yards (CY) of material to re-establish the federally authorized channel limits. Figure 1 shows the project vicinity in Morehead City. Figure 1. Pelletier Creek Vicinity Map (NTS) Project Purpose & Need Pelletier Creek provides access to a harbor of refuge from Bogue Sound and many residential and commercial locations. The small businesses in the Pelletier Creek community rely on navigable access to maintain their economy and current standard of living. The areas weather and tidal currents threaten to continuously shoal the entrance channel, creating navigation hazards for recreational boaters. If Pelletier Creek is un-navigable, the businesses within the Pelletier Creek system risk revenue loss or permanent closure if maintenance operations cannot be conducted. In addition to the economic impacts, a safety risk also exists if the channel entrance is not easily accessible to recreational craft during storm events and typical adverse weather. Pelletier Creek functions as a harbor of refuge during storm events and recreational Town of Morehead City Pelletier Creek Maintenance Dredging Permit Narrative boaters depend on the entrance channel being open and navigable. During an unexpected weather event, boaters may attempt to escape adverse conditions and inadvertently navigate onto a shoal area and become unable to reach shelter. Modifying the Pelletier Creek permit will provide the Town of Morehead City an increased potential to maintain a safe and navigable entrance for the recreational boaters and businesses dependent on the system. Modifying the maintenance area to match the federally authorized channel limits will also assist the USACE in maintaining the channel entrance. The modified permit will allow the Town of Morehead City to remove material from the full federal channel footprint, instead of only a portion or 30-fit width. Maximizing the material removed from the channel will provide a longer maintenance interval before any additional dredging becomes necessary. This will provide an enhanced opportunity to improve or maintain the navigation access into Pelletier Creek, while also minimizing the maintenance frequency and potential disruptions to the adjacent environmental habitats. Maintenance History The USACE has historically maintained Pelletier Creek, however the federal government has not prioritized dredging the entrance channel in recent years. Records indicate the USACE dredged Pelletier Creek in 2001 and 2008, however, more recent maintenance events were managed by non-federal entities. (Tab E provides a summary of the USACE's original 408 review for the current authorization of CAMA permit 75-16. The 408 review provides a summary of previous maintenance events reported by the USACE.) In 2016 Pensacola Yacht Club obtained CAMA permit 75-16 to conduct the maintenance dredging and the Town of Morehead City conducted the most recent work. In total, records indicate maintenance dredging occurred in Pelletier Creek during the following years: ■ 2001 (USACE) 2008 (USACE) • 2016 (Pensacola Yacht Club) ■ 2020 (Town of Morehead City) Construction Template & Methodology The permit modification for Pelletier Creek will allow removal of approximately 4,500 CY of dredge spoil from the entrance channel. The modification request maintains the original design of-5-ft MLLW plus one (1) additional foot as an overdredge allowance, for a maximum excavation depth of -6-ft MLLW. The dredge template shall also maintain the same 3(H):1(V) side slopes as previously authorized. Excluding the side slope area, the maintenance dredging could impact a maximum of 2.2 ac (95,000 ft2). Figure 2 and Figure 3 show the dredge template in plan and profile view, respectively. The modification request will not change the construction methodology for the project, or the end use placement areas. The dredging will be conducted by the bucket to barge methodology, where an excavator mounted on a floating barge, removes the material and places it in a hopper or bin for transfer to an offloading site. At the offloading site, the material will be transferred to dump trucks, or other hauling equipment, for transport to a final placement area. Prior to placement of dredge spoils, the Town of Morehead City will notify the Division of Coastal Management (DCM) so a representative may inspect the site to help verify the appropriate erosion control BMPs have been established. In addition, DCM will be notified immediately in the unlikely event of containment breech. The dredge material will be placed a minimum of 30-fit landward of the NHW (normal high water) line or landward of any marsh area, whichever is more restrictive. Town of Morehead City Pelletier Creek Maintenance Dredging Permit Narrative �:W. I J 1 1 y F yy Yr �ty�f. t r >rc,`r79 t�rY;ti. r I f�� his ��t.���,/' ra��''P•M.�'�f V. r i•�T %6P � i.. , IA, .rd . M � l Q. I dr 11r�'�4 ,�� ti -c. a�:'},y�•aw�' 1.f. ty� 1 I N �;r J _ afi ♦d! `'\. ) r� M hf f,' ltf .r Y �1� , 7` J.,,w�Y i/''/,I�Cp��•O.M , r �,p� 'SA ��� � 1 Ip �I r1tYl�� iwy, fA ��Pr Yye-�^ 5 J�; a'rv(�y flk��d° � 7!•' "� j!". �. 5S, i L 66' =Ge4NF �, 1 A IIIov09m01ffDONpID¢ 1 Y (yr 9'•,�)♦Y w r{I •�'l �o�ve�eo�mWnrrriYrKwwre�j#.tF�1F �l 5 ` Y � � i � 4 Iw¢u1ui�9 � �' rfLtlFnrnFFx _ �?uw,iwxoww¢ I �• }. � I i Jun � ' r ,4 ' M1 A tie I tH p rr r 1 I 1 .: ♦ 157Ifr .. I5 Figure 2. Pelletier Creek Dredge Template (Plauview) CL CHANNEL APPROX. EXIST. EDGE OF FEDERAL GRADE,EL CHANNEL. TYP VARIES I 0. I DESIGN DREDGE-5.0 MLLW VARIES OVER -DEPTH -6.0 MLLW TYP Figure 3. Pelletier Creek Dredge Template (Profile View) k.I Town of Morehead City Pelletier Creek Maintenance Dredging Permit Narrative Historic & Environmental Resources An archaeological assessment has not been completed for the proposed modification. However, the River and Harbors Act of 1954 provided federal authorization for the 1,900-ft entrance channel at a 50-ft width. In addition, records indicate the proposed channel entrance has been dredged four (4) times previously, dating back to 2001. Authorization of the previous maintenance events indicates no historical or archaeological resources fall within the proposed channel boundaries. Environmental resources, such as shellfish and submerged aquatic vegetation (SAV) have also not been identified within the proposed dredge area. Tab G provides the most recent publicly available SAV mapping efforts from the North Carolina Department of Environmental Quality (DEQ). Also, Tab H provides a memorandum between DCM staff indicating the site does not support shellfish habitat. The proposed work would also be conducted between November 161 and March 31 It of any year, consistent with the current permit authorization. Limiting the maintenance operations to cooler winter months lowers the probability of adverse environmental impacts. North Carolina Environmental Policy Act (SEPA) The North Carolina Environmental Policy Act (SEPA) helps to ensure projects provide the appropriate environmental review and documentation for decision making purposes. However, pursuant to North Carolina General Statute (NCGS) 113A-12(6), the issuance of a CAMA permit satisfies SEPA requirements for providing the appropriate environmental review. Therefore, indications suggest additional SEPA documentation should not be required for this modification request. Summary The Town of Morehead City is requesting a permit modification to allow maintenance dredging of the federally authorized Pelletier Creek entrance channel. Current authorizations allow excavation of a 30-ft channel approximately 900-ft in length. The modification request will allow the Town of Morehead City to maintenance dredge the full 1,900-ft channel length and 50-ft width. A maximum of approximately 4,500 CY will be removed from the approximate 2.2 ac site during the maintenance operations. The modification request will not change the proposed dredge depth [-5-ft (+1) MLLW] or channel side slopes (3H:1 V). In addition, the modification request does not alter the requirements of any material transfer site or end -use placement site. The modification request maintains consistency with the Pelletier Creek federal authorization and should not create adverse impacts to shellfish or SAV habitat. Previous studies indicate the proposed dredge area does not support shellfish or SAV habitat. In addition, maintenance operations would be conducted between November 16 and March 31, to further limit the potential of adverse impacts. December 03, 2019 NC Division of Coastal Management 400 Commerce Drive Morehead City, NC 28557 RE: Pelletier Creek Maintenance Dredging, Town of Morehead City— Agent Authorization To Whom It May Concern: Please be advised, Moffatt & Nichol has been authorized by the Town of Morehead City as an Authorized Agent. The authorization entails (and is limited too) efforts necessary to acquire and/or extend state and federal permits for the maintenance dredging of Pelletier Creek, Sincerely, Ryan 4Eggggl4ston, Town of Morehead City ■ Complete Items 1, 2, and 3. A. "dn.'°.. ❑ Agent ■ Print your name and address on the reverse X (3eli Addresses so that we can return the card to you. ■ Attach this card to the back of the mailplece, B• Rye d Name) C. Date oof f Delivery or on the front if space permlls. ' D. Is del Rem 14 ❑ Yes If YES, enter delivery address below: ❑ No Bagley, I T JR 4401 Coral Point Drive Morehead City NC 28557 3. Service Type ❑ Pdodty Mall Express® 111111 INI'I IIII III III' II loll II IIIII(1l O Adult SlBnetura ResMcted Delivery ElReegalel[ered MallrRestricted w 9590 9402 5510 9249 4W4 56 D cadlllaa Merle ❑ Certeled Mall Reetdcled Dauvary oelvery ❑ Return Racelpt for (i%Yffifer hOW 2. Article Number Balaservks ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery 11 Slgnature Conikmaran`m ,..__.—Mal ❑Slgna re Confkmatlon 7019 1640 0001 0909 4654 Mall ReetictedDelivery 00) Reetnate D.I.Va,y PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Recelpt RECEIVED JAN 2 0 2021 NP CZCOTION MHD -k)t1iVt;I tI j� Zl )64;k ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece, or on the front If space permits. Kintz, Donald D Etux Brenda 4323 Coral Point Drive AAlorehead City NC 28557 IIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Iillllll 9590 9402 5510 9249 4804 70 2. Article Number nianarer haarrr arervioe label; 7019 1640 0001 0909 4630 PS Form 3811, July 2015 PSN 7530-02-000-9053 i 13 Agent Of Dehery fry address different from Item 17 urea enter delivery address belw. ❑ No Service -Type ❑ PdoMy Me11BWR96e Adult Signature ❑Registered Adult Signature Restricted Dalkwir OP edatered Mall ReaUlcted Ceragad Melt® D my Certified Mall Rentdoted Delivery ❑ Return acelpt for Collect on Delivery M Coiled on Delivery Restricted oelNery ❑ Signature Contlrmarbnry •--.,ed Mall ❑ signature Congrmallon ad Mail Realdoled Delivery ssom Reehtcted0allvery ■ Complete hems 1, 2, and 3. 11 " ■ Print your name and address on the reverse X so that we can return the card to you. ■ Attach this card to the back of the mallplece, B. Receiv or on the front If space permits. D. Is deliv If YES, Curie, Nancy S Turstee 4321;Caral Point Drive Morehead City NC 28557-2749 11111111111111111111111111111111111111111111111 ❑ 9590 9402 5510 9249 4805 00 a dials Number frlartrigrfmm service amen ❑ 7019 1640 0001 0909 4609 Ps Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ❑ Agent ❑ No l as Cl Registered Mdlar are Restricted Delivery ❑ Re ggktaretl Mail ResirklsU I Restricted Delivery ❑ Return Recaiptfor 91harry MWhoa dloo silvery Retracted Delivery ❑ signature CoMvmatlon- 0 Signature Corrfirmatbn Restricted Delivery Restricted Delivery Domestic Retum Receipt RECENED JAN r n' U"�qSECTION VNID ■ Complete Items 1; 2; and 3. ■ Print your name and address on the reverse so that we can return the card to you. Is Attach this card to the back of the mallplece, or on the front If apace permits. If YES, McCotter, James E. PO Box 12951 New Bern NC 28561 ❑ Agent 0. DAte of Delivery I —I/ -21 Item 17 U Yea )low: ❑ No lIIIIN'IJill IIIIIII IIIIIIIIIIIIIIIIIIII IIIIII El 33. AAddullt sic tureeRestrloted Delivery o 9590 9402 5510 9249 4B05 17 ❑ certmed Mall® ❑ Cl Man Resulted Delivery ❑ 13 Colect an Delivery title Number (118D8iBA4al-service fabe0 ❑ collect on Delivery Restricted DBllvery ❑ -71319 1640 0001 0909 4579 _9,)1 Reshicted Delivery ❑ ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece, or on the front If apace permits. 1 Hatcher, Susan Anne 1 p0Y91de Town Yacht Club #716 Beaufort INC 28516-8654 IIIIIII IIII IIIIIII III IIII II IIIIII 1I III III III 9590 9402 5510 9249 4804 94 7019 1640 0001 0909 4616 PS Form 3811, July 2015 PSN 7530-02-000-9053 A. Signature X � Agent D. Is dellvery address different from Item 17 U Yes If YES, enter delivery address below: ❑ No zemce lype p Priority Mall Expreea® u@Signature ❑RegleteredMall- Adult Signature Restricted Delivery ❑PPaeppleler dMall ResrlotW Dertlned Mall® OegVary cemfled Mall Restricted Delivery ❑ Return Receipt for coilecton Delivery Merchandise Collect on Delivery Restricted Delivery ❑ Signature Con/hmatlonTM -- —• Mall ❑ Signature CrnAirmatlon Mall Reatrlded Delivery va Restricted Delivery Domestic Return Recelpt RECEIVED JAN 2 C 2021 MP SECTION MHD ■ Complete Items 1, 2, and 3. • ■ Prim your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece, or on the front If sake Dermits. If Croatan investment Co j-L , 805'Frent'Street Beaufort NC 28516 II I IIIIII IIII III I III II � � III II IIIII � I IIIII I I III 9590 9402 5510 9249 4805 48 � 2. AmCle rvamDBi (Imnsrer apm serv,w wwn/ Ip(nsuad Mall 7019 1640 0001 0909 3923 "weal PS Form 3811, July 2015 PSN 7530.02.000.3053 i ■ Complete items 1, 2, and 3. A. ■ Print your name and address on the reverse X so that we can return the cant to you. ■ Attach this card to the back of the mallplece, or on the front If sDaon normiro 6. Faulkner, Evelyn Allison PO Box 1134 Greenville NC 27835 i i III�IIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII j 9690 9402 5510 9249 4804 87 . 2. Article Number (r9 ferfinmserv/CeAbeq O 7019 1640 00o1 agog 4623 j PS Fans 381 , July 2015 PSN 7530-02-0 - ■ Complete Items 1, 2, and 3. A, ■ Print your name and address an the reverse so that we can return the card to you, X 0 Attacor onh this card to the back of the mallplece, e• Lindsay, David M Etux Marjorie tCEIVE 409 Tennessee Avenue EE® Morehead City NC 28557 JAN 2 0 2021 � Illllll�llllllllllllllllllll�lllllllllllllll I�W�yPpry S�tlCo ' 9590 6402 5510 0249 4804 32 0ypgo�j®p,p on��® i f 7014 1640 0001 0909 4586 t PS Form 3811, JUIy2015 PSN 7530-M-000-9053 A 0 0 Addmdre p No ❑ Holly Mall Ezpresa® 0 Registered MdW sMMd Delivery ❑ Re Ig stared Mall Rooblo t De Sad DWVW 0 MUM dR ptfor Morduffiiesbloteded(vary iso O 91gnaffie Cordhmetlonm 0 etgnebaeGonnrmatWn rqd psgywy Reab9oted Dagvery Domestic Return Receipt T7- .4L I-I3 niteml7 Myez bslmv; 13 No 30mly OR Rn Ptfor dodDeWery 0 stgnaelm GonMnaVonn slivery OResMcwd Dew on Domesuc Return Receipt j -' ❑ Agent ❑ AddQ Date or Dell mesee difreramfrtm itam l7 l3 ves Iryaddress below ❑No O ftoyMd eque ,® ❑qffd rgL�n�erod Mount O Re01fad MegaM Roowd O ROWMI �a� apt for morchaA a�rte� ��Can� �rw :9odmtaaDgAdry, . Domedo-mot Bodnar, Gregg From: Neal, Robert <rneal@moffattnichol.com> Sent: Wednesday, January 20, 2021 1:03 PM To: Styron, Heather M. Cc: Bodnar, Gregg; Huggett, Douglas Subject: RE: [External] Pelletier Creek - Adjacent Property Owner Notifications CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to RggQ!: Soam. Well I was hoping 9 of the 10 notifications would be enough... Q From the USPS notifications, the letter arrived at the Maryland Post Office today. (See below.) January 20, 2021, 9:45 am Arrived at Unit LEXINGTON PARK, MD 20653 Your item arrived at the Post Office at 9:45 am on January 20, 2021 in LEXINGTON PARK, MD 20653. The tracking number is: 7019 1640 00010909 4593. The notification is going to I 1 -7 PO Box 176 Patuxent River MD 20670 I guess waiting another week would not really change anything if it would help build the file. Thoughts? Robert Neal Moffatt & Nichol 238 Princess Street I Wilmington, NC 28401 D 910.218.708210 910.218.71001 C 910.524.3285 From: Styron, Heather M. <heather.m.styron@ncdenr.gov> Sent: Wednesday, January 20, 202112:51 PM To: Neal, Robert <rneal@moffattnichol.com> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Huggett, Douglas <dhuggett@moffattnichol.com> Subject: RE: [External] Pelletier Creek - Adjacent Property Owner Notifications Thank you. Are you still waiting for the ninth one? From: Neal, Robert [mailto:rneal(cDmoffattnichol.com] Sent: Wednesday, January 20, 202112:50 PM To: Styron, Heather M. <heather.m.stvron@ncdenr.gov> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Huggett, Douglas <dhuggett@moffattnichol.com> Subject: RE: [External] Pelletier Creek - Adjacent Property Owner Notifications CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachmentto 'Report Spam.. Not sure what happened there. Let's try again... Tracking Number: 70191640000109094609 Remove X Your item was delivered to an individual at the address at 4:13 pm on January 8, 2021 in MOREHEAD CITY, NC 28557. OV Delivered January 8, 2021 at 4:13 pm Delivered, Left with Individual MOREHEAD CITY, NC 28557 Get Updates v See More \/ Tracking Number: 70191640000109094654 Remove X Your item was delivered to an individual at the address at 4:12 pm on January 8, 2021 in MOREHEAD CITY, NC 28557. GV Delivered January 8, 2021 at 4:12 pm Delivered, Left with Individual MOREHEAD CITY, NC 28557 Get Updates u See More \/ Tracking Number: 7019164009094593 Remove X ALCH 1: UAI'A I* tArt:KILNUINU UNrKM;rUCN I tU V VLUIIIIt INUKt:AACA ANU LIMI I LL1 CMI'LV TtC AVAI... USPS Tracking® FAQs > Track Another Package + Tracking Number: 70191640000109094616 Remove X Your item was delivered to an individual at the address at 11:49 am on January 8, 2021 in BEAUFORT, NC 28516. OV Delivered R January 8, 2021 at 11:49 am Delivered, Left with Individual a BEAUFORT, NC 28516 Get Updates \/ See More \/ Tracking Number: 70191640000109094630 Remove X Your item was delivered to an individual at the address at 4:12 pm on January 8, 2021 in MOREHEAD CITY, NC 28557. G Delivered January 8, 2021 at 4:12 pm Delivered, Left with Individual MOREHEAD CITY, NC 28557 Get Updates \/ See More \/ Status Not Available The tracking number may be incorrect or the status update is not yet available. Please verify your tracking number and try again later. Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs ALrM 1: UDYA IJ rArrMIM V AMU UNtotitt WMN I tU VULUIVIt IIV KrA2?tJ AIVU LIMI I tU tMl'LUTtt AVAI... USPS Tracking® Track Another Package Tracking Number: 70191640000109094593 Your item was delivered at 2:04 pm on January 21, 2021 in PATUXENT RIVER, MD 20670. OV Delivered January 21, 2021 at 2:04 pm Delivered PATUXENT RIVER, MD 20670 Get Updates \/ FAQs > Remove X Text & Email Updates u Tracking History u Product Information u See Less ^ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs ROY COOPER Governor MICHAEL S. REGAN Secretary. BRAXTON C. DAVIS Director August 26, 2020 Town of Morehead City C/o Moffatt &Nichol 238 Princess St Wilmington, NC 28401 Dear Sirs: NORTH CAROLINA EnwronmentalQuaffty The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your project along the entrance channel serving Peletier Creek in Morehead City, Carteret County. The application was received as complete on 7/22/2020, and appears to be adequate for processing at this time. The projected deadline for making a decision is 10/5/2020. 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 bythe 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 6/l/16, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Heather M. Styron Coastal Management Representative North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City" Office 1 400 Commerce Avenue I Morehead Clty, North Carolina 28557 252,808.2808 N0T1(01$1?j CAMA PERMIT APPLIED FOR PROJECT: Maintenance Dredging within the existing 1945 USACOE 50' x 1900' Peletier Creek entrance channel. COMMENTS ACCEPTED THROUGH APPLICANT: Town of Morehead City c/o Moffatt & Nichol ~ 238 Princess St. Wilmington, NC 28401 September 21, 2020 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Heather Styron - DCM 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 ROY COOPER NORTH CAROLINA Doveroor Environmental' Quality MICHAEL S. REGAN Secretary - BRAXTON C..DAVIS Director Carteret News Times August 26, 2020 PO Box 1679 Morehead City, NC 28557 Re: Public Notice - Town of Morehead City, Pelletier Creek Channel Entrance, Morehead City Dear Sir: Please publish the attached Notice in the 8/30/2020 issue of the Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jessica Gibson, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, HEATHER M. STYKON Heather M. Styron Coastal Management Representative North Carolina Department of Environmental Quality I. Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was submitted on 7/22/2020. According to said application, The Town of Morehead CIty is proposing to maintenance excavate 4,500 cubic yards from the 1945 authorized 50' x 1900' USACOE channel along the entrance of Pelletier Creek in Morehead City, NC. A copy of the entire application may be examined or copied at the office of Heather Styron, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 9/21/2020, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISH ON: 8/30/2020 4, D_EQ�� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead Ctty Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 Coastal Management ENVIRONMENTAL OVALITY MEMORANDUM TO: Courtney Spears, Asst. Major Permits Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner Division of Coastal Management PAT MCCRORY Cnrenpr DONALD R. VAN DER VAART 5'e ia" BRAXTON DAVIS Dimaor SUBJECT: Major Permit Request by Pensacola Yacht Club, LLC maintenance excavation of a USACOE channel along the entrance of Peletier Creek in Morehead City, Carteret County, North Carolina. Date: June 6, 2016 I`ti Consistency Determination: The request is consistent with/not in conflict with the Town of Morehead City Land Use Plan certified by the CRC on September 28, 2007. Overview: The subject property is located off highway 70 East in Morehead City, The proposed project excavation site is located at the USACOE channel entrance to Peletier Creek off of Bogue Sound. According to the USACOE the site was excavated in 2001 and 2008. The project proposes to excavate approximately 3,000 cubic yards from the main channel area of 30' x 600'to 900'. Existing water depths at the site range from -1'to -3' NLW depending on location, proposed final water depth is -6' NLW. Areas of Environmental Concern (AEC) include Public Trust Area and Estuarine Water. This portion of Bogue Sound is classified as SB (Primary Recreation, Salt Water). This area of Bogue Sound is not designated as a Primary Nursery Area and is closed to the taking of shellfish. No Submerged Aquatic Vegetation (SAV) habitat or shellfish resources were found. at the site. A review of historic and archaeological resources was not provided. Anticipated impacts resulting from this project are expected to include: an increase in turbidity and cause approximately 18,000 ft2 of disturbance to shallow bottom habitat, There will be no impact to SAV or shellfish. Spoils will be barged and off loaded to a pre -approved site. Basis for Determination: The Town of Morehead City Future Land Use Map (FLUM) designates all estuarine waters as "Conservation/Open Space". The project appears consistent with the Future Land Use designations. -,--�^Nothing Compares,__, ,: State ofNo,th Carolina I Pnvimamental Quality I Cosatat Management 400 Commerce Avenge I Morehead City, NC 28557 252-808-28091252-247-3330 (fax) (Y North Carolina Department'of Environmental Quality MEMORANDUM Division of Coastal Management Page 2 of 2 The following LUP policies may be applicable to this request: Areas of Environmental Concern (4.2.6. p. 94) Policy 1: `The Town of Morehead City supports state and federal law regarding land use and development in AECs". Policy 5: "...supports the use standards for estuarine and public trust areas as specified in 15A NCAC .0207". --�othling compares,,. State of North Carolina I Fnviroomeatai Quality I CoestaltAeoegement 400 Comaraen Aware I Nbmehead City, NC 28557 252-808-28081252.247-3330 (fax) Permit Class TRANSFER/ RENEWAL/ MAINTENANCE-5 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 • Excavation and/or filling pursuant to NCGS 113-229 Permit Number 75-16 Issued to Town of Morehead City, 706 Arendell Street Morehead City NC 28557 Authorizing development in Carteret County at entrance channel of Pelletier Creek, within a designated USACE channel, in Morehead City, as requested in the permittee's application dated 5/19/16 including attached workplan dwgs (3) Plan View and Cross -Sectional dated received at DCM MHC 5/20/16 and Peltier Creek dated 6/13/13. This permit, issued on March 4, 2020 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below, Any violation of these terms may be subject to tines, imprisonment or civil action; or may cause the permit to ne mutt ana vola. Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) Excavation shall not exceed -6 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. . (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Morehead City ADDITIONAL CONDITIONS Permit No. 75-16 Page 2 of 3 4) Prior to the initiation of any excavation and/or spoil disposal activities authorized by this permit, the permittee shall contact the Division of Marine Fisheries, Shellfish Sanitation and Recreational Water Quality, at (252) 726-7021 to determine if temporaryshellfish or swimming advisories are required. Spoil Disposal 5) All excavated materials shall be confined above normal low water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 6) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any excavation activities. Maintenance Clause 7) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a. representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. General 8) The permittee and/or his or her contractor shall meet with a representative of the Division prior to initiation of any phase of this project. 9) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 10) No attempt shall 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. 11) 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. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that.may be required, including authorization from the U.S. Army Corps of Engineers. Town of Morehead City ADDITIONAL CONDITIONS Permit No. 75-16 Page of 3 . NOTE: Future development of the permittee's property 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. The permittee is farther advised that many non -water. dependent activities are not authorized within 30 feet of the normal low water level. NOTE: A renewal/transfer fee of $200 was received by DCM for this project. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 89 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 284031343 CESAW-ECP-PE MEMORANDUMFOR RECORD SUBJECT: Section.408- Peltier Creelc 28` .0tober Ml1 Federal Project Authority: Peltier Creek, which consists of an eutrance,:channel (6' d'eep by 50, wide) and small boat basin (6' deep by 200' wide by 600' long), was authorized by the River and Harbor Act of 1954. Location and Description: The proposed project is located at Peltier Creek within.the authorized U.S. Army Corps ofEngineers (USACE) navigation projectin CeTteret`County (Figure 1). Peltier Creek is designated as a Hatbor ofRefuge: a port; inlet or other body- of water normally sheltered -from heavy seas by land and in which a vessel: can navigate and -safely moor. Proposed Action: The Wihmington District, Regulatory Division, received an gplication from the Pensacola Yacht Club, LLC seeking Department of flie Army (D A) authorization to allow maintenance dredging within the authorized dimensions of the existing USACE pr6jectat`Peitiee Creek. A total of approximately 3,000 cubic yards of material will•be removed from the most' heavily shoaled areas of the Peltier entrance channel and basin (Figure 2), The.proposed action is dredging to a depth of -6 feet mean low water and a width. of30 feet. The dredging will.be accomplished by bucket and barge with dredged.material taken offsite to a preapproved non- federal upland. disposal location. Technical Analysis: The Wilmington District Operations;.Engineering,. and Plantiiitg Bramhes have reviewed the plans for the maintenance dredging and have concluded that there is.no evidence to indicate that the proposed project will have any negative effects on the: federal project. To the contrary, the proposed proje¢twill improve navigation within the federally authorized USACE project. Public Interest.Determination: The channel leading.into Peltier Creek allows various -sized vessels to navigate the entrance channel and to dock adjacenttto the basin. Peltier Creek ia'used for docking recreational boats, and is a harbor of Refuge to protect ships from rough seas: The proposed dredging will temporarily increase turbidity in the vicinity of the tvOrlc, tio�vevei ,the proposed dredging should not adversely affect significant resources; especially sinCe the dredging will occur within a previously disturbed area, Peltier Creek is not designated as a Primary Nursery Area and the watersare closed to shellfish harvesting.. No shellfish resources. or, submerged aquatic vegetation occur within the project area, CESAW-ECP-PE SUBJECT: Section 4108 - Peltier Creek &pj�, the yo 0 pral Real Estate: Based on coordination with S.A propo$0.4.projeot does not i0ol, Od property-, therefore no USACF, real estate action is required, Environmental Compliance: pursuant to Section 404 of the Clean Water Act and Scotion-10-of' the Rivers and Harbors Act, the Pensacola Yacht Club., LLC is requiredito obtain a*D.A.,p ermit through the USACE Wilmington Regulatory Field Offi= The proposed.project. is being evaluated in accordance with the National EPvU-oPmo4t61 Policy Act.(NEPA) thr 6ugh-fht an: Environmental Assessment was previously. issuance of General Permit 2878, for which completed. Compliance with all other applicable law&and regulations will be completed prior to issuance of the D.A. permit. sed Conclusion: Based upon the foregoing, it is -my determination that:(1) the proposed. .. ac nWill not be injurious to. the public interest, and (2) the. proposed action will not impair the upefolness of the federal project. Moreover, based upon areviewof the questions :set -forth inEC 11654-2. 216, Para 61 (1)m(7), 1 have determined that the 6 approval ift work is within my delegated approval authority.. in accordance with 35 U.,S. C. 408, theriby grant approval tothwPensacola. Yacht Club, LLC to execute the proposed work. Point of Contact: For questions regarding this evaluation,.please contact Ms. Jenny Owens.) Wilmington Distdct Section 408 Coordinator., at: (9 10): 251-4757 or. at Jennifer.l.owens@ugade.aimy.mil. 7Z KEVIN P. L RS $R. COL; EN Commanding 2 MAJOR PERMIT FEE MATRIX Applicant: Town of Morehead City Selection Development Type Fee DCM % DWQ % (143001601 435100093 1625 6253) (24300 1602 435100096 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: El Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. 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, or D below applies: III(A). Private, non - El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached) can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied. III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General WatTe Quality Certification 60%($240) 40%($160) 4097 (see attached) be a lied: IV. For developmentinvolves the filling an 60%($285) 40%($190) excavation of more tone acre of wetlands o en water areas: NC Division of Coastal Management Major Permit Application Computer Sheet (1110112O12) Applicant: Town of Morehead City Date: 8/26/2020 Project Site County Carteret Staff: HMS District: Elizabeth City Washington ®Morehead City []Wilmington Project Name: Pelletier creek entrance channel maint excay. Dafe of initial application submittal (EX: 1/&2007): 7/14/2020 Date application "received as complete" in the Field office; 7/2212020 Permit Authorization: OCAMA MDredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION PNA: Yes ONo Photos Taken: Yes 0 NoLj Setback Required (riparian): Yes ONo Critical Habitat: Yes ZNo Not Sure 15 foot waiver obtained: Yes No Hazard Notification Returned: []Yes ®No SAV: 0Yes No Not Sure Shell Bottom: Yes No Not Sure Temporary Impacts: SYes No Sandbags: Yes No 0 Not Sure Did the land use classification come from county LUP: ❑Yes ®No Mitigation Required (optional): ❑Yes ®No Moratorium Conditions: []Yes No ❑NA Environmental Assessment Done: []Yes ®No ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) (SS) Glasswort (Salicornis sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina (SY) Sell reed grass (Spartina aftemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis spicata) 0 (SC) Bullrush or three square (Scirpus sp.) 0 (TY) Cattail (Typha sp.) (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina patens) roemerianus) APPLICATION FEE ❑ No fee required - $0.00 El III(A) Private w/ D&F up to 1 acre; 3490 can III(D) Priv. public or Comm w/ D&F to 1 acre; be applied - $250 3490 can't be applied - $400 Minor Modification to a CAMA Major permit - Major Modification to a CAMA Major permit 29 IV Any development involving D&F of more $100 -$250 than 1 acre - $475 Permit Transfer - $100 0 III(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 El Major development extension request El II. Public or commercial/no dredge and/or fill $100 -$400 I. Private no dredge and/or fill - $250 Ill(C) Priv. public or comm w/D&F to 1 acre; 3490 can be applied; DCM needs DINQ agreement - $400 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Town of Morehead City Date: 8/26/2020 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 excavation 1 New Work Replace 1900' 50' 6'nlw Maint ® ❑ Y ® N New Work ® Replace Maint ❑ ❑ Y ® N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ® ❑ Y ON New Work 0 Replace Maint ❑ ❑ Y ON New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work n Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work Z Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint 0 0 Y ❑ N Applicant: Town of Morehead City Date: 8/26/2020 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Shallow Bottom Dredge ® Fill ❑ Both ❑ Other ❑ 95000 95000 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ® Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ® Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ DCM Coordinator: Applicant: Distributed Yes® No ❑ Mul Distribution Date: COX AGENCY WIRO WARO CdriferO C OV 0 LPO Rachel Love Adrick MHC Rachel Love Adrick Washingon DCM Planner Mike Christenbury Wilmington Charlan Owens Eliz City US COE: Liz Hair Raleigh Bland (Beaufort, Camden, Chowan, (Carteret Onslow, Pender) Craven, Hertford, Hyde, Perquimans, Tyrrell) Jordan Jessup (TBD) Josh Peletier — (Bertie, Currituck, Dare, Gates, Greg Curry (TDB) Pamlico, Pasquotank, Washington) USCOE (NC DOT) (Brunswick, New Hanover) DOT - TomSteffans— (Beaufort, Carteret, DOT Brad Shaver Craven, Pamlico (Brunswick, New Hanover, Onslow, Pender) Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Brunswick) Lee Padrick (Beaufort, Carteret Craven, Eliz Lee Padrick (Beaufort Carteret Craven City, Pamlico, Washington) Eliz City, Pamlico, Washington Cultural Resources Renee Gledhill -Earley Renee Gledhill -Earley Div. of Water Infrastructure Heidi Cox Clif Whitfield l�n Marine Fisheries Anne Deaton �1 „ Jimmy Harrison NC DOT David Harris David Harris Shellfish Sanitation Shannon Jenkins & Sharon Gupton Shannon Jenkins & Sharon Gupton State Property Tim Walton & Mike Moser & Wanda Tim Walton & Mike Moser & Wanda Hillard Hillard DEMLR/DWR: Sheri A. Montalvo/Shelton Sullivan Sheri A. Montalvo/ Shelton Sullivan (NC DOT) Kristy Lynn Carpenter Kristy Lynn Carpenter DEMLR Sediment & Erosion Dan Sams Sami Dumpor Storm water Christine Hall Roger Thorpe DWR 401 Robb Mairs (Carteret New Hanover Anthony Scarbraugh Onslow, Pender,) Chad Coburn (Brunswick) (NC DOT) Joanne Steenhuis Brunswick, New Garcy Ward Hanover, Onslow, Pender WRC Maria Dunn (WARD) Maria Dunn (WARO) WRC (NC DOT) Travis Wilson Travis Wilson Natural Heritage Program Rodney Bulter Rodney Bulter D:\Amanda\Amanda\Major Permit Processing\2020 Admin forms\Major Comment Distribution Sheet 2020.docx Revised : 5/7/2019 238 Princess Street '/11 Wilmington, NC 28041 m o l t o t t & n I c h o l (910) 218-7100 Fan (919) 7814869 v .mo8attnichol.com July 06, 2020 Ms. Heather Styron N.C. Division of Coastal Management (DCM) 400 Commerce Avenue Morehead City, NC 28557 Re: Town of Morehead City - CAMA Major Permit Modification Request Pelletier Creek Maintenance Dredging Dear Ms. Styron, On behalf of the Town of Morehead City (Town), please find enclosed a CAMA Major Permit modification request for permit 75-16 for the work known as Pelletier Creek Maintenance Dredging. The modification request would match the dredging footprint of the Town's project with the federally authorized limits maintained by the USACE. The current authorization for CAMA permit 75-16 allows the dredging of an approximate 30-11 width over a 900-ft length. However, the federal navigation channel in Pelletier Creek extends approximately 1,900-ft and maintains a 50-ft width. The proposed modification would allow the Town of Morehead City to maximize the maintenance potential based on available resources and minimize environmental disruptions to the habitat adjacent to Pelletier Creek. The modification request does not propose to change any other aspects of the current authorization and will maintain the same construction timeframe (November 16 — March 31) and excavation depth (-5-11 MLLW +1). We appreciate the Division's assistance and guidance in preparing the enclosed application and look forward to a favorable review. Please feel free to contact me if there are any questions or additional information is required. Sincerely, MOFFATT & NICHOL Robert Neal, P.E. Senior Coastal Engineer cc: Sandi Watkins, Town of Morehead City Doug Huggett, Moffatt & Nichol (w/o attachment) NC Division of Coastal Management Cashier's Official Receipt Received From: fib, n `�' •' t� `1 If ^ Permit No.: majm.- Applicant's Name: Project Address: 11681 A B©D Date: � 20 g Li 7T . nh Check No.: 933 ',,��o County: ac4yr 1L Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Signature of Field Representative: � Date: Date: 7/13/2020 North Carolina State University Mail - RE: Check Received Mary Beth Barrow <mebarrow@ncsu.edu> RE: Check Received 1 message mhcpi <MHCPI@moreheadcitync.org> Mon, Jul 13, 2020 at 1:00 PM To: "mebarrow@ncsu.edu" <mebarrow@ncsu.edu> Cc: Sandi Watkins <Sandi.Watkins@moreheadcitync.org> Good Afternoon Ms. Barrow, Per our telephone call earlier today regarding the $475 check you received, the correct address should be as follows: Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 I apologize again for the inconvenience and thank you for alerting us that it did not make it to the intended destination. Annie Bunnell From: Mary Beth Barrow <mebarrow@ncsu.edu> Date: Friday, July 10, 2020 at 3:47 PM To: Ryan Eggleston <Ryan.Eggleston @moreheadcitync.org> Subject: Check Received Ryan: N 33 RECEIVED 'JUL 2 2 2020 DCM-MHD CITY I work at NC State University for NC Sea Grant and I received a check in our mail today for $475 that was for the Pelletier Creek Maintenance Dredging project. I am assuming this was meant for Coastal Management and not us. Can you please let me know who the check needs to be mailed to? https:llmail.google.00mtmailtu/1?ik=l O65f6a010&view-pt&search=all&permthid=thread-a%3Ar8962817927236411469%7Cmsg-W/a3A l672121845126... 1 /2 7/13/2020 North Carolina State University Mail - RE: Check Received Mary Beth Barrow Mary Beth Barrow, CRA Finance Officer North Carolina Sea Grant North Carolina Space Grant Water Resource Research Institute North Carolina State University 850 Main Campus Drive, Suite 105 Toxicology Building Box 8605 Raleigh, NC 27695-8605 Voice: 919-515-9103 Fax: 919-515-7095 https://mail.google.com/mail/u/l?ik=l 065f6a010&view=pt&sea rch=a I I&permthid=th read-a%3Ar8962817927236411469%7Cmsg-f%3A1672121845126... 2/2 (4vrNORTH CAROLINA ;l Environmental QualityNC DEQ Appendix B: CAMA Permit Fees Permit Type Fee General Permit for certain post -storm $0 redevelopment and recovery activities General Permit for placement of riprap to protect $200 wetlands in estuarine and public trust waters General Permit for installation of sandbags $400 General Permit for placement of rip $400 rap below Normal High Water/Normal Water Line General Permit for placement of rip rap at or $200 above Normal High Water/Normal Water Line General Permit for construction of a bulkhead. $400 General Permit for maintenance excavation within existing canals, channels, basins and ditches in estuarine or public trust waters, 101-1000 cubic yards General Permit for maintenance excavation within existing canals, channels, basins and ditches in estuarine or public trust waters, up to 100 cubic yards $400 $200 Permit Type Fee General Permit for beach bulldozing $400 General Permit for replacement of bridges and $400 culverts General Permit for Estuarine Enhancement $400 Program mitigation ALL other General Permis $200 Minor Permit $100 Major Permit for private, non-commercial development that does not involve the fiLLing or $250 excavation of wetlands or open -water areas Major Permit for public or commercial development, or projects that involve the fiLLing or excavation of: A) one acre or Less of wetlands $400 or open -water areas, or B) Less than 150 Linear feet of stream Major Permit for development that involves the fiLLing or excavation of more than one acre of wetlands or open -water areas, or 150 Linear feet $475 or more of stream Major development extension request $100 Major modification to a Major Permit $100 Minor modification to a Major Permit $100 4 Permit Type Fee $250 Major modification to a Major Permit 1 $400 Permit transfer $475 $100 CAMA Handbook for Development Section 1: Will Your Proiect Require a Permit? (/about/divisions/coastal- management/coastal-management-permit-guidance/permit-required) Section 2: Areas of Environmental Concern (/about/divisions/coastal- management/coastal-man agement-permit-guidance/areas-of-concern) Section 3: Rules Applying to Development in Areas of Environmental Concern (/about/divisions/coastal-management/coastal-ma nagement-perm it - au ida nce/deveLopm ent-areas-of-concern ) Section 4: Rules for Specific Types of Projects (/about/divisions/coastal- management/coasta L-ma nagement-permit-gu idance/prof ect-rules) Section 5• Applying for a CAMA Permit (/about/divisions/coastal-management/coastal- m anag ement-permit-gu ida nce/appLying-cams-permits) Section 6: Permit Exemptions (/about/divisions/coastaL-management/coastaL- managenient-permit-guidance/permit-exemptions) Section 7: Enforcement and Monitoring (/about/divisions/coastal-management/coastal- manaaement-permit-guidance/enfo rcenient-monitoring) Section 8: Variances and Appeals (/about/divisions/coastal-management/coastal- management-permit-guidance/variances-appeals) Section 9: Contact Information (/about/divisions/coastal-management/coastal- management-permit-guidance/contact-information) Appendix A: Permitting Information for Piers (/about/divisions/coastal- management/coastal-man agement-permit-guidance/permitting-information-piers) Appendix B: CAMA Permit Fees (/about/divisions/coastal- management/coastal-management-perm it-guidance/cama-permit-fees) Appendix C: Permit Processes (/about/divisions/coastal-management/coastal- management-permit-guidance/coastal-permit-process) Share this page: OFacebook (https://www.facebook.com/sharer/sharer.php? u=hops%3A%2F%2Fdeq.nc.gov'%o2 Fabout%2 Fdivisions%2Fcoastal-management%2Fcoastal-management-permit- guidance%2Fcama-perm it -fees) Olw&er (http://twitter.com/intent/tweet? url=https%3A%2F%2Fdeq.nc.gov%2Fabout% 2Fdivisions%2Fcoastal-management%2Fcoastal-management- permit-guidance%2Fcama-permit-fees) DON YP4 Invoice It Vendor# Check Request # APPLICATION for Received Molor Development Permit (last revised 12127106) aN North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Town Of Morehead City Protect Name (If applicable) Pelletier Creek Maintenance Dredging Applicant 1: First Name Ryan MI Last Name Eggleston Applicant 2: First Name MI Last Name If additional applicants, please affach an additional page(s) with names listed. Mailing Address 706 Arendell Street PO Box City Morehead City Stale North Carolina ZIP 28557 Country USA Phone No. 252-726-6848 ext. 110 FAX No. - - Street Address (if different from above) city State ZIP Email Ryan.Eggleston@moreheadeitync.org 2. Agent/Contractor Information Business Name Moffatt & Nichol Agent/ Contractor 1: First Name Robert MI B Last Name Neal Agent/ Contractor 2: Flrst Name MI Last Name Mailing Address 238 Princess St PO Box city Wilmington Stale NC ZIP 28401 Phone No. 1 910 - 218 - 7100 ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different fmm above) City State ZIP Email Rneal@moffattnichol.com <Form continues on back> 252-608-2808 .. 1-888-4RCOAST .. www.nccoastaimanagemcnt.nct Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. -*'---*� fr"t Location County (can be multiple) Street Address State Rd. # Carteret 4700 South Shore Ddve n1a Subdivision Name city state ZIP Pelletier Creek Morehead City NC 28557- Phone No. LotNo.(s) (if many, attach additional page with J[sQ ext. I I I I a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project White Oak River Basin Pelletier Creek c. Is the water body Identified In (b) above, natural of manmade? d. Name the closest major water body to the proposed project site. ®Natural ®Manmade ❑Unknown Bogus Sound a. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Morehead City, NC 4.,.Site Description ..... . ... a. Total length of shoreline on the tract (ft.) b. Size of entire tract (scift) N/A 2.2 acres c. Size of Individual lolls) d. Approximate elevation of tract above NHW (normal high water) or Submerged Lands, NWL (normal waterlevel) (if many lot sizes, please attach additional page with a list) nla ❑NHW or ❑NWL e. Vegetation on tract None f. Man-made features and uses now on tract Nla. g. Identify and describe the existing land uses adiacen to the proposed project site. Residential and commerical, marina businesses h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? N/a (Attach zoning compliance certificate, If applicable) ❑Yes ❑No ®NA 1. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ®NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does It involve a ❑Yes ❑No ®NA National Register listed or eligible property? <Form continues on next page> 252-608-2808 :: 1-888-4RCOAST :: vvvvw.nccoastaImanaqement*."t Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes NNo (ll) Are there coastal wetlands on the site? ❑Yes NNo (III) If yes to either (0 or (It) above, has a delineation been conducted? []Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial NPublic/Government ❑Private/Communlly b. Give a brief description of purpose, use, and daily operations of the project when complete. Pelletier Creek entrance channel provides access to a harbor of refuge for recreational boaters. The entrance channel also helps support small businesses and residential boating communities dependent on navigable access to Bogue Sound. This process will allow for safe Ingress and egress of approximately 400 or more vessels. 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. Maintenance dredging operations will be conducted by the bucket to barge methodology where an excavator positioned on a Floating barge places dredge material In a barge for transport to an off-loading or transfer site. The material will be transferred from the Floating equipment to dump trucks at the transfer site. The dump trucks will haul the material to an end -use placement area. d. List all development activities you propose. Maintenance Dredging e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance L What Is the approximate total disturbed land area resulting from the proposed project? 2.2 Ac- Dredge Area ❑Sq.FI or NAcres g. Will the proposed project encroach on any public easement, public accessway ar other area []Yes NNo [:]NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Small amounts of dredge effluent will leak from dredge material during transfer between the floating barges and dump truck equipment. 1. Will wastewater or stormwater be discharged into a well ❑Yes NNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ❑NA j. Is there any mitigation proposed? ❑Yes NNo ❑NA If yes, attach a mitigation proposal. <Form continues on back> 252-606-2808 :: 1-888-4RCOAST :: www.necoastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnformation " In addition to this compteted application form, (MP-1) the following items below, if applicable, must be submitted in orderfor the application package to be complete.4:11ems (a);= (t) are always applicable to any majordevelopment appficalloh., Please consult the application Instruction booklet on how to preperly 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 stale application only) or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name' � � ' ' �Phone No. Address .. ...... . ........:....:...,..:..... _,.. .... .......: .... . Name Phone No. Address .. Name .: ,.... _.: ,. .. .. .......i. :.:: ........... ... Address :....�:,.,.. .:�_:.::: .::. ..:...... _: .:::.:,:::: .; :�::�:.::: :... ........ ..... ..... .......:.. g. A list of previous stale or federal permits Issued for work on the project tract. Include permit numbers, penniltee, and issuing dates. CAMA Permit 75A6, Issued to Pensacola Yacht Club In 21)16 an transferred to the Town of Morehead City on March 04, 2020. h. Signed consultant or agent authorization form, if applicable. 1. Wetland delineation, if necessary. I. 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 1A 0). 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. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date Print Name _Ryan Eggleston, City Manager 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 - 262.608-2808 .. 1-888-4RCOAST ,. www.nccoastaimanagement.net: Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for LAMA 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 Basln Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL stabilization Length 1,900 ft Width 50 ft Avg. Existing Approx. -4.5 NA NA: • ` Depth MLLW Final Project 6(-5+1) NA NA Depth MLLW 7. EXCAVATIOIV,).7: ::':'r a. Amount of material to be excavated from below NHW or NWL in cubic yards. 4,500 CY c. (I) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (11) Describe the purpose of the excavation in these areas; 2. DISPOSAL OFEXCAVATE.D.MATERIAL:.: a. Location of disposal area. Determined by Contractor c. 0) Do you claim Utle to disposal area? ❑Yes ONO ❑NA (to If no, attach a letter granting permission from the owner. e. (1) Does the disposal area Include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑WL ®None (to Describe the purpose of disposal In these areas: -::pThis.sectionnot.applicable Type of material to be excavated. silty sand, sandy silt, and silt d. High -ground excavation In cubic yards. 0 CY ❑This section not applicable b. Dimensions of disposal area. WA d. (i) VJIII a disposal area be available forfuture maintenance? []Yes ONO ®NA QOlfyes, where? I. (n Does the disposal include any area In the water? []Yes ONO ❑NA pl) Ifyes, how much water area is affected? 252-800-2808 :: 1-888.4RCOAST :; ww a.nccoastalmanagernent.net revised: 12f26106 Form ®CM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION "; ®This section notapplicabl (if development is a wood groin, use MP-4 —Structures). a. type or snoreane staonmatlon: a. Length: ❑Bulkhead ❑Riprap ❑Breakwaler/Sill ❑Other_ Width: _ c. Average distance waterward of NHW or NWL d. Maximum distance waterward of NHW or NWL• e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill_ Other_ 1. Source of fill material. f. Q) Has there been shoreline erosion during preceding 12 months? ❑Yes []No ❑NA QQ If yes, state amount of erosion and source of erosion amount Information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ®This section not applicable a. (Q Will fill material be brought to the site? ❑Yes []No ❑NA b. (B Will fill material be placed In coastal wetlandstmarsh (CM. If yes, (II) Amount of material to be placed in the water (III) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosli controlled? Standard erosion controls and best management practices (earthen berms, silt fencing, etc.) c. (i) Will navigational aids be required as a result of the project? d. ®Yes []No ❑NA VI) If yes, explain what type and how they will be implemented. Aids are currently present, they should be removed for the dredging event and replaced after project completion. submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑OW ❑SAV _ ❑SB ❑WL []None QQ Describe the purpose of the fll in these areas: backhoe, or hydraulic dredge)? Excavator and barge along with dump trucks for material transport. (I) Will wetlands be crossed in transporting equipment to project site? []Yes ®No ❑NA n If yes, explain steps that will be taken to avoid or minimize environmental Impacts. Applicant Signature 252-808.2808 n 1-888.4RCOAST :: wrviw.nccoastalmanaaement.oet revised: 12/26/06 PELLETIER CREEK MAINTENANCE DREDGING MOREHEAD CITY, NORTH CAROLINA N SITE +:w t ATLANTIC INTRACOASTAL WATERWAY BOGUE SOUND ATLANTIC OCEAN VICINITY PLAN LOCATION PLAN NOT TO SCALE NOT TO SCALE NOT TO BE USED FOR CONSTRUCTION ISSUED FOR PERMIT REVIEW ONLY PROJECT 777ZE- PELLETIER CREEK MAINTENANCE DREDGING DA7UM.- MLLW PREPARED BY.- MOFFATT & NICHOL PREPARED FOR: TOWN OF MOREHEAD CITY, NORTH CAROLINA DA 7E' MAY 20, 2020 SHEET 777LE.' COVER SHEET SHEET 1 OF- 2 PROJECT ARE.• PELLETIER CREEK MAINTENANCE DREDGING DA7UM.• MLLW PREPARED BY.- MOFFATT & NICHOL DREDGE PLAN VIEW SG4U_ 1'-= PREPARED FOR.• TOWN OF MOREHEAD CITY, NORTH CAROLINA DA7E.• MAY 20, 2020 NOTES: 1. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ACQUIRING USE OF ANY AND ALL MATERIAL TRANSFER SITE(S) AND MATERIAL PLACEMENT SITE(S). 2. THE CONTRACTOR SHALL MAINTAIN THE PROJECT AREA, INCLUDING THE PLACEMENT AREA(S), TRANSFER SITE(S), TRAFFIC CORRIDORS, AND STAGING AREAS FREE OF TRASH, DEBRIS, RUBBLE, AND ALL OTHER MISCELLANEOUS OBSTRUCTIONS, THE CONTRACTOR SHALL RESTORE THE PROJECT SITE(S) TO PRE -CONSTRUCTION CONDITIONS AS DETERMINED BY THE TOWN OF MOREHEAD CITY. 3. THE CONTRACTOR SHALL PREVENT RUTS, DITCHES, GULLIES, OR DEPRESSIONS FROM FORMING WITHIN THE OFFLOADING SITE, MATERIAL PLACEMENT SITE(S), OR TRAVEL CORRIDORS. UPON NOTIFICATION OF A RUTIDEPRESSED AREA, THE CONTRACTOR SHALL TAKE IMMEDIATE STEPS TO SMOOTH GRADE THE AREA IN QUESTION. DREDGE MATERIAL SHALL NOT BE USED TO FILL DEPRESSIONS CREATED AS PART OF THE CONSTRUCTION PROCESS. 4. MAINTENANCE DREDGING OPERATIONS MAY REMOVE UP TO APPROXIMATELY 4,500 CUBIC YARDS FROM THE PELLETIER CREEK CHANNEL LIMITS. 5. MAINTENANCE OPERATIONS MAY DREDGE TO-S FT MLLW.1 FT OF ALLOWABLE OVER -DEPTH FOR A MAXIMUM (DEEPEST) DREDGE DEPTH OF ­6 FT MLLW. APPROX EXIST. GRADE, EL DESIGN DREDGE.5.0 OVER -DEPTH E.0 CL CHANNEL 25'-0" I 25'-0" TYPICAL SECTION A -A NOT TO 3OALB SHEET PRE: DREDGE PLAN 3W liar SCALE: 1"=300' EDGE OF FEDERAL CHANNEL, TYP VARIES TYP SHEET 2 OF 2