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HomeMy WebLinkAbout70-15 Bradley, DavidPerniit Class Permit Number NEW. 70-15 STATE OF NORTH CAROLINA Department of Environment and Natural. Resources and Coastal Resources Commission Vern't for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to David C. Bradley,168 Guinea Mill Road, Moyock, NC 27958 Authorizing development in Currituck County in the Northwest River and north side of Tull Bay and 1485 lulls Creek Road. Moyock as requested in the permittee's application dated 1 /18/15. including attached workplan drawings (4), 4 dated 4/21/15 and 4 dated received in Elizabeth City on 4/17/15. This permit, issued on June 30, 2015 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may oe suoject to tines, imprisonment or civu action; or may cause me permit to ne nun ana voia. Log Recovery 1) Log salvage operations shall only be carried out at the three sites depicted on the attached location map. Salvage from any additional area shall require a modification of this permit. (See attached sheet 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, 2018 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 DENR and the Chairman of the Coastal Resources Commission. 1/ llY Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee David C. Bradley Permit # 70-15 Page 2 of 2 ADDITIONAL CONDITIONS 2) In order to protect spawning fish, no in -water work shall be permitted between February 15 and June 30 of any year without prior approval from the Division of Coastal Management. 3) As required by N.C.G.S. 121 Article 3, prior to the commencement of any log salvage operations, the permittee shall apply for and receive an underwater archaeology permit from the N.C. Department of Cultural Resources. 4) No logs, timbers, trees or other debris shall be removed, repositioned, or stored in a manner that the Division of Coastal Management determines would represent a navigational safety hazard. Materials not intended to be taken to a shore support site shall be repositioned (unburied) as close to its original position as possible. 5) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 6) This permit does not authorize the removal or salvage of any object or material other than submerged logs. 7) The permittee shall maintain a comprehensive listing of the number of logs removed, sizes of such logs and general location of where the logs were recovered. Copies of this report shall be submitted to the Division of Coastal Management by March 1st of each year that this permit is active. Failure to provide this report by the March 1st deadline may result in a violation of this permit. 8) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily. 9) The pennittee and/or his contractor shall meet with a representative of the Division prior to project initiation in order to discuss the conditions set forth in this permit. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 364-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2015-00409. r April 29, 2015 Maior Permit Application Narrative for David Bradley We are applying for an underwater logging permit to salvage logs from these areas within the Northwest and Back River areas of Currituck County. Water depths within these areas range from 3' to 20' deep. Within the proposed areas, we will be targeting logs that are within any size we are able to pull. The logs are resting on the bottom substrate. The method of log retrieval involves pulling the logs up with a 16' Sea Nymph or a 19' Sea Safe style boat that will utilize a winch system, chains and log tongs. Once logs are brought to the surface, they will be secured to the side of the boat and transported to an offload area located at 1485 Tulls Creek Road. We do not plan to tow logs behind us Upon reaching the offload site, the logs will be pulled onto land at an existing boat ramp and loaded onto t trailer to be transported offsite. No development is proposed at the offload site and impacts are to be minimal. Crew members involved in the operation will be David Bradley, Sarah Bradley, and certifies diver Terry Williams. The proposed logging site coordinates are as follows: - Bradley 1: 36° 32.553' N; -76' 9.101'W to 360 32.200' N; -76' 7.650'W (2.2 miles) - Bradley 2: 36' 31.710' N; -76° 6.091'W to 36' 30.987' N; -76' 5.502'W (1.42 miles) - Bradley 3: 36' 31.151'N; -76° 4.204'W to 36' 31.110' N; -76' 3.800'W (0.38 miles) RECEIVED MAY 11 2M ON MP-1 APPLICATION for 17 2" 1' Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicantl Landowner Information Business Name Project Name (if applicable) &*4r,knt I First Name MI La Name — — -------- Applicant 2: First Name MI Lost Name .... . ......... ... . It additional applicants, please attach an additional pages) with names listed. Mailing Address J�su, Cle t-N*\\\ 100,6 PO Box City MO\i 0 tZA( State ZIP �6"6' Country ( ) ICS Phone No. W -11 Sk "t. FAX No. Street Address (if ddiferent from above) City State ZIP Email 2. AgentlGontractorInformation 1�qsiness Name NJSrA . ....... ............. ------ Agentl Contractor . .. 1: Flisr'Wme MI Last Name Ament/ContractorT First Name MI Las_Wame Mailing Address PO Box Ciryq State ZIPPhone No, 1 Phone No. 2 q(I ext. FAX No. Contractor # 7 —Street Address (if diilbrerdt from above) City IState zip Email <Form continues on back> MAY 1 1 2015 pqrWIMstip, Pile 252-808-2808 ;; 4-398-49COAST :: www.nccoitaimanaqennerit.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address Stale Rd. # o r r � * U C V_ Subdivision Name City State Zip Phone We. 1.t No.(s) (if many, attach additional page with list) - - ext. a. In which NC over basin is the project u ')+. �}L p ) located? oc, 5 `� d b. Name of body of water nearest to proposed project c. Is t water body identified In (b) above, natural or manmade? d. Name the closest major water body to the propo#d project site. Natural ❑Manrnade ❑Unknown e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed Yes ❑No {"�wo({rk falls within, ,yin. t� J d. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) Lk M A C� > I,,, /i- c. Size of individual lolls) /`p _ d. Approximate elevation of tract above NHW (norrrral high water) or ti /A NWL (nomtal water level) fff many lot sizes, please attach additional page -with a list) ❑NHW or Ed�NW L e. Vegetation on trail I. Man-made features and uses now on trail 5 APR 17 201 g. Identify and describe the existing land uses adjacent to the proposed project site. h. How does local government zone the tract? I. is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) ❑Yes ❑No QNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes [ JNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes QNo ❑NA National Register listed or eligible property? <Form continues on next page> " i''', :1:• 2S2-$08.2a 0a .. 1-85$-4RC.OAST :; www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of 4) c 7 2015 APPLICATION for Major Development Permit 1 m. (i) Are there wetlands on the site? Wes o the Oes (h) Are there coastal wetlands on site? (iii) If yes to either (1) or (it) above, has a delineation been conducted? Dyes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. o. Describe existing drinking water supply source. �J(A p. Describe existing stone water management or treatment systems. CIA_ . ............... S. Activities and Impacts a. Will the proiact be for commercial, public, or private use? _ Commercial ❑Public/Government ❑PrivatetCommunily, b. Give a brief description of purpose, use, and daily operations of the project when complete. inch; i& F,+ Seanwo I bcs\h Sired ors lt� c rtie.ar��u FU11oig W55S ov rnoiuJ[,Qnd Sg�tr,�ac.�konkvy, 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. 1�1�-� �,eaSo��.,vyti�ti�a w,nc�;�,lLFt S+tianymPh.`o�+h5�on=rice d. Ust all development activities you propose. e. Are the proposed activities maintenance of an existing project w wojc, or both? f. What is the approximate total disturbed land area resulting from the proposed project? >.,( q.Ft or ❑Acres g. Will the proposed project encroach on any public casement, public accessway or other area Dyes ONo DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the slate. I. Will wastewater or stormwater be discharged into a wetland? ❑Yes EfNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No DNA j. Is there any mitigation proposed? ❑Yes QNo ❑NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED MAY 1 1 2015 252.808.2808 ., 1-888.4RCOAS1 .. s+uew.+sc�aoa#ai�,ar.ayemaot.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit & 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 (8) — (Q are always applicable to any major development application, Please consult the application instruction booklet on how to properly prepare the required items below, a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please glue the present status of fire proposed project. Is any portion already complete? It previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. ... _...... ......... .... _---- ...... 1........... I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name iJc. wtL G. - Phone No. Address LWfi'�OG $ 4t Name 111c. DOT Tutu er+ y- ", S * IA Xa t- Phone No. Address llama Phonic No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permihee, and issuing dales. h. Signed consultant or agent authorization form, if applicable. i. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A stalemeM of compliance with the N.C. Environmental Policy Act (N.C.G.3.113A 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. 7. Certification and Permission to Enter on Land 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 i' i� "(.-� ..._._._ Print Name ! a(C`..---- 1 -^ G�. VED� Signatui Please indicate application attachments pertaining to your proposed project. APR 17 2015 ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Cut erts !! ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information i c" .8 I t l y 6 RECEIVED 252.808.2008 :: 11-688-4RCOAST :: www.nccoastalmanagoment.net MAY 11205 �`^r"r,nrer, ..rrtr 1� FOF Evlq tivl� 7 L _D61,11d 4yr'_'A71 le) cen, a)7114 /Vo7t 1'��Ijv�bilv C) C47Li5-ci ilt,?- T-4 Ir7o X�c7c TA_ /�It) ID A TdIs /7 0 (,,0 '7ZO '7 411 E w 0 ( lc .bt5- E�j 14)v WAY k _11-Z V; lk) MAY 1 2015 MAY I i 2ols 0 Application for Permit Exploration, Recovery and Salvage of Submerged Cultural -Resources State of North Carolina Department of Cultural Resources " (Prior to completing this form, the applicant should read North Carolina General Statute 121. Article 3 and North Carolina Administrative Code-T07:04R.1000) Please fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. 1. Applicant' Information A. Name: ti ock YAt� f (Last name first) B. Street Address: t M\ U ALu P.O. Box (if applicable): Citv or Tom: A . r State: Iv (` Zip Code: Phone: jaE-Mail Address: 5a-u35 C. Institutional or Other Affiliation: A II. Location of Proposed Project A. County: (Y6WCV U)U'Ne--� B. City, town, community or landmark: O L C. Creek, river, sound, bay, or ocean beach in or near which project is located U 5e .3v3" u 3b` 30, uU.J Zoo„ a1 36' st`4�'Id" '.J 7V n a7&' ' u 36je`143 771'�.� `t a 36m 3a'q,gytrr u-a31„ju 7o° R` i,. tit'` w ���`+.483' 'Applicant must "be capable of providing supervision of all phases of the operation and .. . demonstrated the ability to carry out acceptable exploration, recovery or salvage projects." (1000 RECEIVED of Title 07, Chapter 04R of the North Carolina Administrative Code, Rule 04R .1005). MAY 11 1015 Wes'"'W MW W+; UW Permit Application Form III. Description of Proposed Project: (Any permit issued pursuant to this application will only allow the activities described In this application, subject to any permit conditions. Applicants should therefore describe in the application all anticipated activities.) (For all of the below: attach additional pages if necessary) A. Provide a statement of the purpose or objectives of the project: B. Provide a description of the exact nature and scope of the proposed project, include the methods, techniques, and equipment to be used: CeCct-'-r Su'1-\Ly1 r�cb� Q'\IACt.� C. Provide the schedule for the proposed project including beginning and completion dates of all phases: rvo \2 LO 11( U (�_' wvO--k- �5 lbt,k� U.ojI D. Provide a description of funds available for the project: AA\ St- JAV—py-1 L UW Permit Application Form RECEIVED MAY 1 1 208 " u-uanu �.W 2 IV V Project Personnel: A. Archaeologist: Person responsible for the archaeological supervision of the proposed project (Please enter last name first, if same as applicant, enter "same") Name: Address: Citylrown: State: 0 Zip Code: Phone: B. Other key project personnel: Project Responsibility: --� Name: Address: Citytrown: State: 0 Zip Code:_ Phone: II C. Approximate number of people to be involved in the proposed project: 0 Disposition of Artifacts: A. Will the proposed project result in the removal, displacement, or destruction or submerged cultural resources? B. Proposed disposition of the artifacts: (attach additional pages if necessary) RECEIVED MAY 1120b UW Permit Application Form �&M-MMW 6µy. C. Description of the available laboratory facilities to be used for storage, conservation, and analysis of recovered materials: Name of Facility: Director of Facility: Address: CityfTown: State: Zip Code: Phone: I D. Provide the name and location of the facility where all artifacts, records, data, photographs, and other documents resulting from the proposed project will be curated: Name of Facility: Director of Facility: Address: CityRown: I�— I State: Zip Code: I I Phone: I I VI. in addition to the completed application form the following items must be provided: ❑ A. A 1:24,000 or larger scale map clearly depicting the location and boundaries of the proposed project. ❑ B. A resume/vita for the applicant. ❑ C. A resumelvita for the project archaeologist. ❑ D. A resume/vita for the director of the conservation facility. ❑ E. A resume/vita for the director of the curation facility. VII. Signature of applicant: Date of application: Please print and sign completed application and send with required documentation to: NC Underwater Archaeology Branch, 1528 S. Fort Fisher Boulevard, Kure Beach, NC 28449 RECEIVED MAY 11101S UW Permit Application Fortn r4NA_vuM al++ 0--.-- ---... Bradley ac CAMA Major Permit for David Bradley Underwater Logging 4/21/2015 Sheet 2 of 8 P z 7.650'W s, Google`earth i»agery 4ate;. 4f23AQ14 36" 32.221' N '3i9 'd.39.R`&J lev q R eye al 8506 +� } ., « ; .& . 0 0@ % ©� � J, \ / ) 2 m \ = .y D q q �U -a . ' I nA 0 . * £ % * 3 4 » . a \ / . . 6 . ^ . u . . \ co � } CJO : a- 1 1 2015 I.�V;C Qra city. Vnurwc�f lo'q�nq s � 6 of JJ Z)av; � 3roc11ty sK O } s Uh&(Wkw tr Lnll") e7— Ile, La APR 17 2015 Q 3 6 Or -6 A�V'A MUM North Carolina Department of Environment and Natural Resources Pat McCrory Donald R, van der Vaart Governor Secretary June 30, 2015 David C. Bradley 168 Guinea Rd. Moyock, N.C. 27958 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff= colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, 0* 1/ Dou as V. Huggett Major Permits and Consistency Manager N.C. Division of Coastal Management 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity /Affirmative Action Employer DCM Coordinator: &)t',j 6 Permit 90-4 �- MAILING DISTRIBUTION SHEET Agents: DCM Field-Wfiiees Elizabeth Ci (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland Tracey eeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbly Cultural Resources: enee Gledhill -Early Public Water Supply: Diane Willi ms (WIRO) ey White (WA ------------------ Marine Fisheries: Sham Sta Gregg Bodnar NC DOT: en Pace Shellfish Sanitation: /Patti Fowler State Property: Water Quality: (KarennHiggins.(�RaleiQ Jo�nnessy (NC DOT) Washington: t ony Scarbraugh-40 Scott Vinson- tonnwater Wilmington: e is-401 4in ewes - ormwater Wildlife Resources: Maria Dunn (WARD) Vacant �? LPO: Fax Distribution: Permitee Agent #:_ North Carolina Pat McCrory Governor NCDENR Department of Environment and Natural Resources Division of Coastal Management Donald R. van der Vaart Secretary April 22, 2015 David Bradley 168 Guinea Mill Road Moyock, NC 27958 Re: CAMA Major Permit Application for Underwater Log Salvaging Dear Mr. Bradley: The NC Division of Coastal Management hereby acknowledges receipt of your application on April 17, 2015, for State approval for the development of the referenced project. An initial screening of the submittal package has been conducted as per 15A NCAC 07J.0203 and 07J.0204 (copies enclosed). This revealed certain deficiencies, which must be corrected before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of these deficiencies immediately so that they can be quickly corrected to facilitate my detailed review. Because the deficiencies are easily correctable, I am not returning the original application package. Please make the needed changes, and submit the appropriate documentation. With the retained copy of the application, I can commence the detailed review. Please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issues separately. Our initial screening has identified the following deficiencies: 1. Adequate Work Plans or Drawings have not been submitted. Please address the following items: ■ Adequate location maps with coordinates were not submitted; however, I created some from email correspondence. Please review the enclosed aerial photos and if you approve please sign them in the white margin at the top of the photos. 2. A Narrative Description of the proposed development must be provided. The April 17, 2015 submittal did not have an updated narrative as per the April 9, 2015 scoping meeting. To facilitate you with your request, I typed one up for you that is also enclosed. If you would like to use the enclosed narrative, please sign it. 3. Green and white Certified Retum-Mail Receipt copies were submitted with the application to document the Notification of Riparian Property Owners. It should be noted that before a Major Permit can be issued, the signed Certified Mail "green cards" must be submitted to this office. 1367 US 17 South, Elizabeth City, NC 27909 RECeVED Phone: 252-264.3901 \ FAX: 252-264.3723 ; Internet: www.ncooastaimanagement.net APR 2 7 2015 An Equal Opportunity \ Affirmative Action Employer uChn-MHD CITY David Bradley April 22, 2015 Page 2 To expedite our response to your permitting request, we will commence the detailed review of your application for a permit pending the receipt of the additional information requested above. However, the statutorily provided 75/150 days allowed for review cannot commence until such time as we have received a complete application package. Once your application has been accepted as complete, you will receive a separate notification letter. If it is not possible to render a permit decision within 70 days of the date when your application is received complete, 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. Please do not hesitate to contact me at our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the permitting process. Sincerely, 7/ I Ron Renaldi Coastal Management Representative cc:.Daniel Govoni. AcsiatWA Ma, jor Permits C a or, DCM, Morehead City Frank Jennings, District Manager, DCM, Elizabeth City Enclosures RECEIVED APR 27 108 yp�WIPP IPnM DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: David C. Bradley 2. LOCATION OF PROJECT SITE: The proposed logging area includes the Northwest River and the north side of Tull Bay (locally known as Back River). The offload site is located at 1485 Tulls Creek Road (SR#1222), Moyock, Currituck County, adjacent to the mouth of Tull Creek. Photo Index (Offload Site) — 2006: 203-7518 (N 4) 2000: 203-2360 (N 3) 1995: N/A 1989: 162-86 (1 12) 1984: 134-662 (M 14) 1978: 132-1466 (V 10) State Plane Coordinates - X: 2857213 Y: 1013547 LaULong: 36.50006670N,-76.0835500°W Quadrangle: Creeds, NC (L.L.) Moyock, NC (L.R.) 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/24/2015 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete — 5/1/2015 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Currituck County Land Classification from LUP - Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Waters (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — N/A Planned — N/A (F) Type of Structures: Existing — Offload site has a boat ramp, docks, bulkhead, riprap and a building. Planned — N/A (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: (AREA, square feet (ft2)] DREDGED FILLED DISTURBANCE (A) Public Trust Area ±8,560,000 ft2 -Northwest River Shallow Bottom (B) Estuarine Waters & Public Trust Area ±785,000 ft2 -Back River Shallow Bottom I.nvtt (D) Total Area Disturbed: ±9,345,000 ft2 (214.5 acres) MAY 1 1205 (E) Primary Nursery Area: Northwest River=No; Back River=Yes (F) Water Classification: SW Open to Shellfishing: NoM'"weeN 8. PROJECT SUMMARY: The applicant proposes to salvage underwater logs within two sections of the Northwest River and one section of Back River. David C. Bradley Field Investigation Report Page 2 Project Setting The site of the proposed development area includes the Northwest River and an area on the north side of Tull Bay known as Back River. The waters of this area are very dark and stained with tannins and the bottom substrate is made up of detritus, fine silts and sands. Water depths range from 3 to 20 feet below normal water level (NWQ. The waters within this area are classified as SW and are closed to shellfishing. Development Proposal The applicant proposes to salvage submerged logs within two sections of the Northwest River and one section of Back River. The sections coordinates are as follows: . Bradley Section 1 (2.2 Miles, ±4,910,000 W) Upstream coordinate: 360 32.553' N; -760 9.101'W Downstream coordinate: 360 32.200' N; -760 7.650'W • Bradley Section 2 (1.42 Miles, ±3,650,000 ft2) Upstream coordinate: 360 31.710' N; -76° 6.091'W Downstream coordinate: 360 30.987' N; -76' 5.502'W • Bradley Section 3 (0.38 Miles, ±785,000 ft2) Upstream coordinate: 360 31.151' N; -760 4.204'W Downstream coordinate: 360 31.110' N; -760 3.800'W The applicant has indicated that the targeted size of logs to be salvaged will be any diameter that can be safely pulled. Methods to find logs within the proposed sections include swimming, diving and conducting research into historic logging practices of the area. The known logs in the sections are resting on the water bottom in haphazard piles with some partially or fully submerged within the bottom substrate. The method of log retrieval will involve pulling the logs up from the water bottom with a 19' boat that will utilize a winch system, chains and log tongs. Once logs are brought to the surface, they will be secured to the sides of another boat and transported to an offload area located at 1485 Tulls Creek Road. Upon reaching the offload site, the logs will be pulled up onto land at an existing boat ramp and loaded onto a trailer to be transported offsite. No development is proposed at the offload site and impacts are anticipated to be minimal. -- Anticipated Impacts • Water bottom disturbance will be up to ±9,345,000 ft2 (214.5 acres), but will most likely be much less depending on the amount of salvageable logs. • The mechanical pulling of the logs may cause temporary sedimentation to occur. Submitted by: Ron Renaldi Date: May 4, 2015 WNW North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 6, 2015 Mr. David C. Bradley DNS Logging 168 Guinea Mill Road Moyock, NC 27958 Dear Mr. Bradley: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located in sections of the Northwest River and Back River in Moyock, Currituck County. It was received complete on May 1, 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is July 15, 2015. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from May 1, 2015, 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 the 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 the property, or at a point along the road right- of-way where a private road would lead one into the property area. Failure to post this notice could result in an incomplete application. RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 MAY 11 2015 Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: htto lloortal.ncdenr.orglweb/cm/dcm-home 06"Awnw rff� An Equal Opportunity 1 Affirmative Action Employer Mr. David C. Bradley May 6, 2015 Page 2 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 Ron Renaldi, Field Representative, if you have any questions and/or if you wish to receive a copy of his field report. Sincerely, Frank Jennings District Manager, Northeastern District NC Division of Coastal Management FJ/yc Enclosure cc: Daniel Govoni, Assistant Major Permits Coordinator, DCM, Morehead City, NC Ron Renaldi, Field Representative, DCM, Elizabeth City, NC CAMA PERMIT APPLIED FOR PROJECT: proposes to salvage underwater logs in sections of the Northwest River & Tull Bay (Back River) located in Moyock, Currituck County COMMENTS ACCEPTED THROUGH 06101115 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: David C. Bradley 1 Ron Renaldi, Field Representative DNS Logging Division of Coastal Management 168 Guinea Mill Road 1367 US Hwy 17 South Moyock, NC 27958 Elizabeth City, NC 27909 252-435-7731 A� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 legals(5thecoastlandtimes.net FROM: Yvonne Carver, Administrative Assistant Division of Coastal Management DATE: May 6, 2015 SUBJECT: Public Notice: David Bradley Donald R. van der Vaart Secretary Please publish the attached Notice in the Tuesday, May 12, 2015 issue of The Coastland 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 Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Daniel Govoni, Assistant Major Permits Coordinator, DCM, Morehead City Michele Walker, PIO, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File RECEIVED MAY 1 12015 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-260901 \ FAX: 252-264-3723: Internet: hBp llportal nodenr oralweblcm/dcm-home p tw uu�y r h` An Equal opportunity \ Affirmative Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT NCDENR hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 05/01/15. David Bradley proposes to salvage underwater logs in sections of the Northwest River & Tull Bay (Back River) located in Moyock, Currituck County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 06/01/15, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Tuesday, May 12, 2015 rOT FTC I A L USE ? 0958 n Postage $ r � Certified Fee .30 O1 7 ReturnReceipt Fee .00 Poeenenc Here Required) [Endorsement Rea Delivery Fee $0.00 mWed Endoreeent Required) Ti Total Postage & Fees $ $3.79 03/09/2015 L Tl samp, �� a.. street. � 73a: ........................ V .. .. ......._ •• .. or PO Sox No. cm; smre, ziPw t r` ra 0 CIAL USE s Postage a W.4ty UM 01 ryl Certified Fee Postmark Receipt Fee Retum(Endorsement em Here CgJI (Endorsement Required) 0 Restricted Delivery Fee $0.00 (Endorsement Required) o $3.79 03/09/2015 rrr Total Postage & Fees $ fl.r m sort ro act C3_._ Na:.......... _-..... orPOBox No. _ r. »_........... cry, smm. aP«a ...._. .. _. .............. loss RECEIVED MAY 1 1 2015 .. % DATE: " I5 APR 17 NAME: I Xk\) 10 Qyetl S=NCOASTAL MANAGEMENT E_UZAselHCfTY ADDRESSAU elu1nea M'm viz) CITY:MN100.1 - STU ZIP RE: {pRG40"' - At M To Whom It May Concern: This correspondence is to notify you as a riparian property owner that is applying for {[ii5:eprgpeFr[jb�vrjer(latipe`gCcoO paj} a CAMA Major permit to on property located at which is adjacent to your property. A copy of tide applicat[ot7 eni{p,Cgectitlrayvr�ig(sj js enclosed for yourrevevJ. If you have no objections to the proposed activity, please mark the appropriate statement below and return to: soon as possible. If no comments are received within 30 days of receipt of this notice, it will be considered that you have no comments or objections regarding this project. if you have objections or comments, please mark the appropriate statement below and send your correspondence to the NC Division of Coastal Management. Contact information for DCM offices is available at www.nccoastalmangement.neUcontact dcm.htm or by calling 1 888 4RCOAST. If you have questions about the project, please do not hesitate to contact meat �Ba:- �'6-- 7� 3 l {Il eittp long, udi0eK}. Sincerely, Ef���J�AC•%j� , T— I have no objection to the project as described. I have objection(s) to the project as described. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must Initial the appropriate blank below.) do wish to waive the 15' setback requirement. Print Name Signature of Adjacent Property Owner Mailing Address I do not wish to waive the 15' setback requirement, Date Phone Number MAJOR PERMIT FEE MATRIX Applicant: David Bradley Selection Development Type Fee DCM % DWQ % (143001601 4351000931625 6253) 1 (243001602 435100095 2341) I. Private, non-commercai development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: Ej 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- ❑ commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3490 (See attached can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be a lied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (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 Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than RECEIVED one acre of wetlands and/or J*V00-or7M M*G "`This is a word processing form to be completed in Microsoft Word"' NC Division of Coastal Management Major Permit Application Computer Sheet (11/01/2012) Applicant: David C. Bradley Date: 51412015 Project Site County: Curntuck Staff. Ron Renaldi District: Z Elizabeth City Washington ❑Morehead City ❑Wilmington Project Name: Bradley Submerged Log Salvage Rover File: Date of initial application submittal (EX 142007): 411712015 Date application "received as complete" in the Field office (EX 1/8/2007): 51112015 Permit Authorization: CICAMA Dredge & Fill ZBcth SITE DESCRIPTION/PERMIT INFORMATION PNA: 0 Yes ®No One section is in Photos Taken: Yes ❑ No® Setback Required (riparian): El Yes PNA No Critical Habitat: Yes MNo ❑Not Sure 15 foot waiver obtained: El Yes ®No Hazard Notification Returned: ❑Yes ®No SAV: Yes ❑No 0 Not Sure Shell Bottom: ❑Yes ®No ❑ Not Temporary Impacts., ®Yes No Sure Sandbags: ❑Yes ®No Not Sure Did the land use classification come from Mitigation Required (optional): county LUP:®Yes []No ❑Yes ®No Moratorium Conditions: EYes ❑No Environmental Assessment Done: ❑NA El Yes ❑No®NA SECONDARY WATER CLASSIFICATION— OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) ❑ High ouality Waters (HOW) ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (LimOnium sp.) ❑ (SS) Glasswort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) El (SA) Salt marsh cordgrass (Spartma ❑ (SY) Salt reed grass (Spartina altemifiora) cynosuroides) (DS) Salt or spike grass (Disfichlis ❑ (SC) Bullrush or three square (Scirpus El (TY) Cattail (rypha sp.) spicata) sp.) (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 MIA) Private w/ D&F up to 1 acre; El 111(D) Priv. public or comm w/ D&F to 1 3490 can be applied - $250 acre; 3490 cant be applied - $400 Minor Modification to a CAMA Major Major Modification to a CAMA Major ErlV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 111(B) Public or commercial w/D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 RECEIVED Major development extension request - 11. Public or commerciaUno dredge MAY 112015 $100 and/or fill-$400 1. Private no dredge and/or fill - $250 111(C) Priv. public or comm w /D&F to 1 pCnn_nAUN `� acre; 3490 can be applied; DCM needs DWO agreement - $400 252-808-2808 :: 1-8884RCOAST :: www.nccoastaimanaaement.net revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: David C. Bradley Date: 51112015 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 Other New Work® Replace ±8,560,000 :bS,560,000 (Submerged Maint❑ ❑ Y ® N Log Mining) New Work ❑ Replace Maint❑ ❑Y❑N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work [I Replace Maint❑ ❑Y❑N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint [I ❑Y[IN New Work ❑ Replace Maint❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint [I ❑Y❑N New Work ❑ Replace Maint❑ ❑ Y ❑ N New Work ❑ Replace Maint [I ❑Y❑N New Work ❑ Replace Maint El ❑Y❑N New Work❑ Replace Maint [I ❑Y❑N New Work Replace Maint El ❑Y❑N New Work ❑ Replace Maint ❑ ❑ Y ❑ N revised Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant'DA V 1 Date: 5A // 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 andror temp im ct amoun) 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 ® t8,560,000 t8,560,000 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 ❑ aECENED MAV 1116 oco-oko ce 252-808.2808 :: 1.888-4RCOAST :: wwwmccoastalmanagontent.net revised: Nov. 2012 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: David Bradley County: Currituck LOCATION OF PROJECT: Northwest River & Tull Bay (Back River), offload @ 1485 Tulls Creek Road, Moyock DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 05/01/15 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Ron Renaldi UISTRICT OFFICE: Elizabeth City i DISTRICT MANAGER REVIEW: N- i Date: ' 7 / 6 B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 400 (100%) PUBLIC NOTICE REC'D: Advertise: 05/12/15 END OF NOTICE DATE: Comments due: 06/01/15 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: U06 ON: I( S C) 75 DAY DEADLINE: 07/15/15 MAIL OUT DATE: Circulation: FEDERAL DUE DATE: 150 DAY DEADLINE: STATE DUE DATE: Comments due:. 2 &/i FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY_ DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency s—ZZ Division of Community Assistance Z(p Land Quality Section Division of Water Quality Storm Water Management (DWQ) State Property Office Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission Local Permit Office Division of Marine Fisheries /I s Corps of Engineers REQFikpn MAY 11 1015 fs'S�sM'Mbf9 El7Y June 22, 2015 Regulatory Division • 1 �� \ / ��11d��1f�1��jI?�� Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. David Bradley to remove submerged logs from two sections of the Northwest River and one section of the Black River, in Currituck County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, Josh Pelletier Regulatory Project Manager Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Frank Jennings, District Manager Elizabeth City Field Office North Carolina Division of Coastal Management MAY-29-2015 11:01 From:DCM-DMF ECITY 2522643723 To:912522473330 ooICe12015 6:38 PM FAd 2522323470 CURRITOCK PERNMM. Pat McCrory Governor Mav 7, 2015 A&A North Carolina Department of Environment and Natural Resources 14)Pm ORAD[711� TO: FROM: SUBMCT: Applicant: Project Location: Proposed Project: Donald R. van der V2mt Secretary Debbie 1. LaShomb, Looal Permit Officcr Currituck County Daniel (3ovoni Assistant Major Permits Coordinator CAMA/DRFDCL & FILL Permit Application Rcview David Bradley RECEIVED MAY 2 9 20b rich "no rib lM Northwest River & Tull day (Back River), Moyock, Currituck County Salvage underwater logs Plcasc indicate below your agency's position or vic form by OS 81 o 400 Cgptmerce Avennc. Mo chcad CI e1YC 28357project and rettirn this If you have any qucsttons re ardin the preaseooyoposed fax• 252-247 33301 264-3901. When appropriate, in-depth cumme�ltts udth supports g data areZact requested.Ron Rcnaldi at (2.52) REPLY: This office has no 011J= ion to the project as proposed. fhis offico has no comment on the proposed prgicct. This office approves of the project only iP the recommended changes arc incorporated. Set attached. This off objects to the project for reasuns described in the attached comments. 31CNED� rt..y,,b t—P0 DATE S�z4itf Phan 0 252264-39011 PAx 2252 264.5s)231 IMerneL apdpjypr, 27905 �2.4i�4-�! 2igdr5yk�(�pQ� 44 Egwi OPpme vry AfAMM"Aden EmpbyeV n AS� r'� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Donald R. van der Vaan Governor Secretary MEMORANDUM TO: Daniel Govoni, Assistant Major Permits Coordinator THROUGH: Frank Jennings, District Manager :j6 jl FROM: Ron Renaldi, Field Representative R. A.R . DATE: June 1, 2015 SUBJECT: David C. Bradley Major Permit Recommendations The applicant proposes to salvage underwater logs within two sections of the Northwest River and one section of Back River. The proposed logging area includes the Northwest River and the north side of Tull Bay (locally known as Back River). The offload site is located at 1485 Tulls Creek Road (SR#1222), Moyock, Currituck County, adjacent to the mouth of Tull Creek. The development proposal involves the Public Trust Area and Estuarine Waters Areas of Environmental Concern (AEC's). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 1 SA NCAC 07K 0203 Manazement Obiective of the Estuarine and Ocean System It is the objective of the Coastal Resources Commission to conserve and manage estuarine waters, coastal wetlands, public trust areas, and estuarine and public trust shorelines, as an interrelated group of AECs, so as to safeguard and perpetuate their biological, social, economic, and aesthetic values and to ensure that development occurring within these AECs is compatible with natural characteristics so as to minimize the likelihood of significant loss of private property and public resources. Furthermore, it is the objective of the Coastal Resources Commission to protect present common-law and statutory public rights of access to the lands and waters of the coastal area. Consistent: The proposed development is consistent with the intent of this rule. RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 JUN 0 8 2015 Phone: 252.2643901 \ FAX: 252-264-3723: Internet: www.nocoastalmanagement.net !+�-VnK�InH Nliv An Equal opportunity \ Affirmative Action Employer Daniel Govoni, Assistant Major Permits Coordinator David C. Bradley Major Permit Recommendations June 1, 2015 Page 2 07H.0206 Estuarine Waters (c) Management Objective. To conserve and manage the important features of estuarine waters so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing estuarine waters so as to maximize their benefits to man and the estuarine and ocean system. (d) Use Standards. Suitable land/water uses shall be those consistent with the management objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and their vital components. Second priority of estuarine waters use shall be given to those types of development activities that require water access and use which cannot function elsewhere such as simple access channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule 07H.0208. Consistent: The proposed development is consistent with the intent of this rule. 07H.0207 Public Trust Areas (c) Management Objective. To protect public rights for navigation and recreation and to conserve and manage the public trust areas so as to safeguard and perpetuate their biological, economic and aesthetic value. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be used by the public for navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such uses shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are considered incompatible with the management policies of public trust areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. lk_co I 0 Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H.0208 Use Standards " Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. Daniel Govoni, Assistant Major Permits Coordinator David C. Bradley Major Permit Recommendations June 1, 2015 Page 3 Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. Consistent: The proposed development is consistent with the intent of this rule Paragraph (a)(2)(B) states that development shall comply with state and federal water and air quality standards. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(D) states that development shall not increase siltation. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The proposed development is consistent with the intent of this rule. RECEIVED Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. JUN 0 8 1015 4-0-M-wino "µr Consistent: The proposed development is consistent with the intent of this rule. Paragraph (b) addresses Specific Use Standards. Of these, subparagraph (12) Submerged Lands Mining pertains to this project, and those subparagraphs not listed are not applicable to this project. Paragraph (12) Submerged Lands Mining Subparagraph (12)(A) states that Mining of submerged lands shall meet all the following standards: Daniel Govoni, Assistant Major Permits Coordinator David C. Bradley Major Permit Recommendations June 1, 2015 Page 4 (i) The biological productivity and biological significance of mine sites, or borrow sites used for sediment extraction, shall be evaluated for significant adverse impacts and a protection strategy for these natural functions and values provided with the state approval request or permit application; Consistent: The proposed development is consistent with the intent of this rule. (ii) Natural reefs, coral outcrops, artificial reefs, seaweed communities, and significant benthic communities identified by the Division of Marine Fisheries or the WRC shall be avoided; Consistent: The proposed development is consistent with the intent of this rule. (iii) Mining shall avoid significant archaeological resources as defined in Rule .0509 of this Subchapter; shipwrecks identified by the Department of Cultural Resources; and unique geological features that require protection from uncontrolled or incompatible development as identified by the Division of Energy, Mineral, and Land Resources pursuant to G.S. 113A- 113(b)(4)(g); Consistent: The proposed development is consistent with the intent of this rule. (iv) Mining activities shall not be conducted on or within 500 meters of significant biological communities identified by the Division of Marine Fisheries or the WRC; such as high relief hard bottom areas. High relief is defined for this standard as relief greater than or equal to one-half meter per five meters of horizontal distance; Consistent: The proposed development is consistent with the intent of this rule. (v) Mining activities shall be timed to minimize impacts on the life cycles of estuarine or ocean resources; and Consistent: The proposed development is consistent with the intent of this rule. (vi) Mining activities shall not affect potable groundwater supplies, wildlife, freshwater, estuarine, or marine fisheries. Consistent: The proposed development is consistent with the intent ol'this rule. 15A NCAC 07H.0601 No Violation o Any Rule RECEIVED JUN 0 g 1015 No development shall be allowed in any AEC which would result in a contravention or viola t+ioti W!~ Y of any rules, regulations, or laws of the State of North Carolina or of local government in which the development takes place. Consistent: The proposed development is consistent with the intent of this rule provided that any other State or Federal Permit required is issued. Daniel Govoni, Assistant Major Permits Coordinator David C. Bradley Major Permit Recommendations June 1, 2015 Page 5 15A NCAC 07H.0602 Pollution of Waters No development shall be allowed in any AEC which would have a substantial likelihood of causing pollution of the waters of the state in which shellfishing is an existing use to the extent that such waters would be officially closed to the taking of shellfish. This rule shall also apply to development adjacent to or within closed shellfish waters when a use attainability study of those waters documents the presence of a significant shellfish resource in an area that could be expected to be opened for shellfishing given reasonable efforts to control the existing sources of pollution. Consistent: The proposed development is consistent with the intent of this rule. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application and plans, I recommend a Major Permit be issued to David C. Bradley. NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 7, 2015 MEMORANDUM TO: L;> MIUV SUBJECT: Applicant: Project Location: Proposed Project: Donald R. van der Vaart Secretary Lee Padrick Division of Community Assistance Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review David Bradley Northwest River & Tull Bay (Back River), Moyock, Currituck County Salvage underwater logs Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/28/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. RECEIVED REPLY: This agency has no objection to the project as proposed. MAY 2 6 2015 s agency has no comment on the proposed project. 6),CAa-W1HW This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: hfto://Poftal.ncdenr.ora/weblcm/dcm-home An Equal Opportunity 1 Affirmative Action Employer A �i NCDENR North Caro .na D'=partment of Environment and Natural Pat k1ccrory Govemor May 7, 2015 MEMORANDUM TO: Secretary tS' i.0 ,i r Renee Gledhill -Early NC Department of Cultural Resources FROM: Daniel Govoni Assistant Major. Permits Coordinator Division of Coastal Management SUBJECT: Applicant: Project Location: Proposed Project: CAM-VDREDGE & FILL Permit Application Review David Bradley Northwest River & Tull Bay (Back River), Moyock, Currintek County Salvage underwater logs Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/28/15 to 400 Commerce Avenue, Morehead Citv, NC 28557 (fax: 252-247-3330). If you Have any questions regarding .the proposed project, pleasc contact Ron Renaldi at (252) 264-3901.. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. _ This oil -ice approves of the project only if the recomtnended-0c'ang s are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED } DATE i173G7 i,$ t7 Sauih, cr<ek ,.u'y, s e 2W2 Phone: 252-8^o4-38D i t FAX 262-'%4-3Z`e`3 ; Internet: pttnlfpotta! neonr wa ead,�crrddxn•,!vrA .;nEgoe: Acton Esp. pby& MAY 1 5 2015 �Q North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM: TO: Daniel Govoni, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT. David Bradley, Log salvage DATE: 5/26/15 Donald R. van der Vaart Secretary A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish.habitats. The applicant is . proposing to salvage underwater log located in two sections of the Northwest River and one section of Back River. The operation will involve diving, winching the logs up to a small vessel, and offloading them at a private boat ramp. Both areas where salvage is proposed are classified and Anadromous Fish Spawning Areas (AFSA) and Back River is Classified as a Primary Nursery Area (PNA). In order to protect spawning fish, mainly river herring in this case, a moratorium on in -water work from February 15 —June 30 should be conditioned. Additionally to protect large woody debris in shallow areas where it is heavily utilized by fish no logs should be taken from waters less than 6ft in depth at noftal water level. Contact Shane Staples at (252) 948-3950 or shane.staoles@ncdenr.eov with further questions or concerns. 1601 Mail Servloe Center, Raleigh, North Carolina 27699-1601 Phone: 919.707-86001Internet: www.ncdenr.gov An Equal epMunily %An6melive Aden Employer —Made in partby moyeled paper I�CDE�1-R North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 7, 2015 MEMORANDUM TO: RECEIVED MAY IS 1015 mCM.Piellerles WARO Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO FUOM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management Donald R. van der Vaart Secretary SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: David Bradley Project Location: Northwest River & Tull Bay (Back River), Moyock, Currituck County Proposed Project: Salvage underwater logs Please indicate below your agency's position or viewpoint on the proposed project and return this forii by 05/28/15 to 400 Commerce Avenue, Morehead City. NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. XThis 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. 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-26439011 FAX: 252-2643723 : Internet hj(, octal n enr.orglweb/cm/dom-home An Equal Opporluniy 1Affirmadve Action Employer it Orr _.....� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory RECEIVED/NcoeNRID%nald R. van der Vaart Governor Secretary MAY 13 2015 May 7, 2015 water Quality Regional MEMORANDUM WaeMngton ROpe 0Resection egional 0111c8 TO: Robert Tankard, Environmental Engineer DWR - Water Quality, Aquifer Protection Section, WaRO FROM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: David Bradley Project Location: Northwest River & Tull Bay (Back River), Moyock, Currituek County Proposed Project: Salvage underwater logs Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/28/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. A/4 Yal 26QL0ZP9- REPLY: This agency has no objection to the project as proposed. 01Nn C�rwtorz�* 4�rLvur. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED X 1-�DATE-IIJ"%j- / 1367 US 17 South, Elizabeth City, NC 27909 252-264-39011 FAX: 252.264.3723 ; Internet: hfto:llpooal,ncdgnr.org/web/cm/dcm-home An Equal OpportunitytAffirmative Action Employer ZJ) North Carolina Pat McCrory Governor May 7, 2015 MEMORANDUM TO: u MAY 112015 II Shellfish Sanitation 6 Recreational Watt Section Resources Donald R. van der Vaart Secretary Patti Fowler, Section Chief Marine Fisheries — Shellfish Sanitation & Recreational Water Quality FROM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: David Bradley Project Location: Northwest River & Tull Bay (Back River), Moyock, Currituck County Proposed Project: Salvage underwater logs Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/28/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED W �/ �r 1�' DATE RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 MAY 14 1015 Phone: 252-26"9011 FAX: 252-2643723 ; Internet: hilo:l/oonal.ncdencorolweb/cm/dcm-home —Iry An Equal Opportunity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Govemor Secretary May 7, 2015 MEMORANDUM TO: Charlan Owens, District Planner Division of Coastal Management FROM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: David Bradley Project Location: Northwest River & Tull Bay (Back River), Moyock, Currituck County Proposed Project: Salvage underwater logs Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/28/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. RECEIVED REPLY: This office has no objection to the project as proposed. MAY 8 8 2015 lmm,mmlo am This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIG DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet: htto://Donal.nrdenr.oro/web/cm/dcm-home An Equal Opportunity 1 Affinnafive Action Ern&yer A 'V NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Govemor �ilI:1ddQ;?A01fill 6 TO: Daniel Govoni, DCM Assistant Major Permits Coordinator Division of Coastal Management FROM: Charlan Owen ICP, NE DCM District Planner Division of Co as al Management Donald R. van der Vaart Secretary SUBJECT: Major Permit Request by David C. Bradley to salvage logs from three (3) sites totaling 214.5 acres within the Northwest River and Back River and to extract logs from a boat ramp along Tulls Creek at 1485 Tulls Creek Road, in the community of Moyock, Currituck County. Date: May 18, 2015 Consistency Determination: The request is consistent with/not in conflict with the Currituck County 2006 Core Land Use Plan (LUP) certified by the CRC on May 18, 2007 as amended through June 24, 2009. Overview: The project area consists of two (2) sites in the Northwest River and one (1) site in the Back River totaling 214.5 acres and a 1.07 acre property with approximately 750 linear feet of shoreline along Tulls Creek. Waters in this area are very dark and stained with tannis and the bottom substrate is made up of detritus, fine silts and sands. Water depths range from 3 to 20 feet below Normal Water Level (NWL). In the Northwest River, Site 1 extends along an approximately 2.2 mile stretch of river east and west of Panther Landing Road in the Moyock community and Site 2 extends along an approximately 1.42 mile stretch of river south of Askew Lane in the Gibbs Woods community. The Back River section extends approximately .38 mile west of East Gibbs Road in Gibbs RECEIVED Woods. The property at Tulls Creek Road has site improvements that include a single-family residence, boat ramp, piers and an access driveway to Tulls Creek Road in Moyock. ProperINAy 2 2 1015 owner Steven Ray Evans has provided written permission for use of his property. ub1W ^Y4nbt 4ili.y Salvage of submerged logs within the two (2) Northwest River sites and Back River site and log extraction from the boat ramp at the subject property are proposed. Any diameter log that can be safely retrieved will be salvaged. Sunken logs will be identified by swimming and diving. Known logs are resting on water bottoms in haphazard piles with some partially and fully submerged within the bottom substrate. Logs will be pulled from the water bottom using a winch system mounted to a 19 foot boat. Logs brought to the surface will then be secured to the sides of another boat and transported to the boat ramp at the subject property. Logs will be pulled up and onto land at the ramp and loaded onto a trailer to be transported offsite. 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Intemet: www.necoastalmanagement.net An Equal Oppommify 1 Affinnadve Action Employer- Made in part by recycled paper North Carolina Department of Environment and Natural Resources Division of Coastal Management MEMORANDUM Page 2 of 3 The Northwest River and Back River in the project area are classified as SW and are closed to shellfishing. The Back River is classified as a Primary Nursery Area. A review of Submerged Aquatic Vegetation (SAV) was not provided. A review of identified archaeological and cultural resource sites was not provided. Anticipated impacts resulting from this project are expected to include: the disturbance of 196.5 acres of Public Trust Area of Environmental Concern in the Northwest River and 18 acres of Public Trust Area/Estuarine Waters AEC in the Back River. No upland development is proposed. Short term turbidity during salvage is anticipated. Basis for Determination: The project site is located on a 1.07 acre property located in the Moyock township and within the Northwest River and Back River. The subject property is designated as "Conservation". As indicated on Page 11-1 of the Currituck County Land Use Plan, Areas of Environmental Concern (AECs) are also designated as "Conservation Areas". Definitions of key words are provided on page 9-2. These words include "Encourage: to favor or foster", "Shall': mandatory, not optional, "Should: ought to, if no valid reason not to", and "Support: to shore up, may imply financial support". The following LUP policies may be applicable to this request: Public Access Policies (PA): Policy PA1, Page 9-3. "Public access to the sound and ocean waters of Currituck County is essential to the quality of life of residents and visitors, as well as the economy of the area. Land Use Compatibility: Policy ES5, Page 9-6. "Uses allowed in ESTUARINE WATERS must be water dependant (public access, docks, piers, erosion control, and other CAMA-approved uses) and must not interfere with the proper function, cleanliness, salinity, and circulation of the resource..." RECEIVED MAY 2 2 2015 rNallie•nsnR RITY 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- Male in part by recycled paper North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 3 of 3 Historic Preservation Policies: Policy HP4, Page 9-20. "The DESTRUCTION OF SIGNIFICANT ARCHITECTURAL, HISTORIC AND ARCHAEOLOGICAL RESOURCES in the planning area shall be discouraged." RECEIVED MAY 2 2 7015 IP;;M-Mrw pma 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirrna rive Action Employer— Made in part by recycled paper A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 7, 2015 MEMORANDUM TO: I W 1,0351 SUBJECT: Applicant: Donald R. van der Vaart Secretary C 15.05, o$. 6 fL,yK - Maria Tripp Dunn MAY 2015 NC Wildlife Resources Commission m RECFJVED 1110110 Daniel Govoni � Assistant Major Permits Coordinator 9 Foopull C Division of Coastal Management ��Slb2FZ2Z�2 CAMA/DREDGE & FILL Permit Application Review David Bradley Project Location: Northwest River & Tull Bay (Back River), Moyock, Currituck County Proposed Project: Salvage underwater -logs Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/28/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. ✓ This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED a , t DATE or- ZiD 15- RECEIVED MAY 2 2 1015 1367 US 17 South, Elizabeth City, NC 27909 111�M-lwm,," Phone: 252-264-3901 %FAX: 252-264-3723 ; Internet: htlo://oortal.ncdenr.ora/web/cm dcm-home ry An Equal opportunity 1 Affirmative Adorn Employer ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Daniel Govoni, Assistant Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria T. Dunn, Coastal Region Coordinator Habitat Conservation Program DATE: May 20, 2015 SUBJECT: CAMA Dredge/Fill Permit Application for David Bradley, Currituck 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 Northwest River and Tull Bay (Back River) near Moyock, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A- 100 through I I3A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to salvage underwater logs within the permitted areas (Bradley Section 1, Bradley Section 2, and Bradley Section 3) as described in the permit application. There are 4 river miles within the project area. The applicant states logs will be removed via a 16' or 19' vessel, tied to the side, and lifted from the water at 1485 Tull Creek Road. Logs have been found at depths from 3' to 20' and vary in diameter. The Northwest River and Tull Bay are classified Sw by the Environmental Management Commission. Portions of Tull Bay are designated primary nursery area (PNA) by the NCWRC. The NCWRC has reviewed the permit application with regard to impacts on aquatic resources. Portions of the project area are within a PNA and the entire project area is designqp¢EIVED as anadromous fish spawning area (AFSA). These waters are important for the spawning and MAY 2 2 1015 {iiiiM-MRIp g1iY Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 CMDF_David Bmdley Page 2 May 20, 2015 rearing of several fish species, including various shad species, herring, and striped bass. To minimize impacts to these species, we request the following be included as permit conditions: — Work should not be conducted from February 15 — June 30 of any year. — Log removal should be done outside the immediate vicinity of the bank and as to not disturb bank stability. — Logs in 6' of water and less should remain in place. These logs provide important structure and habitat opportunities for anadromous fish species. Logs in water depths greater than 6' should be able to be removed with minimal impacts to aquatic resources 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@ncwildlife.org RECEIVED MAY 2 2 7015 PX;;"-MM9 QITV ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director Iul_u1:=.It u. TO: Jonathan Howell, Assistant Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria T. Dunn, Coastal Region Coordinator Habitat Conservation Program DATE: May 20, 2015 SUBJECT: CAMA Dredge/Fill Permit Application for Jeff Nathan, New Hanover 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 at 5915 Hollyholm Trace (lot 5) adjacent Hewletts Creek in Wilmington, NC. Our comments are 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 construct a private docking facility piering out to the approximate Y. width of the water body. Depths at the proposed two slips range between 0.5' to 1.5' NLW. Hewletts Creek is classified SA by the Environmental Management Commission and is designated a primary nursery area (PNA) by the NC Division of Marine Fisheries. The NC WRC has reviewed the permit application and is concerned with the construction of the two slips and their impact to bottom sediments within the PNA. PNAs are defined as those areas inhabited by the embryonic, larval or juvenile life stages of marine or estuarine fish or crustacean species due to favorable physical, chemical or biological factors. As a designated PNA, the creek provides an important rearing area for this variety of estuarine fishes and invertebrates that need relatively undisturbed habitats. Ingress and egress of vessels to this dock within the shallow depths would create a continued source of chronic sediment disruption and elevated turbidity associated with propeller kicking. Due to this concern, our agency requests the project be allowed to construct the structure as a pier with no designated slips and install a rail system to deter vessel tie-ups. This change would minimize impacts to aquatic resources and address our concerns. RECEIVED We appreciate the opportunity to review and comment on this permit application. If you need MAY 2 2 2015 further assistance or additional information, please contact me at (252) 948-3916 or at maria.duanCdIncwildlife.org r>G+. w ++ 4IT� Mailing Address: Division of inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 SE An w� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Governor May 20, 2015 MEMORANDUM: To: Daniel Govoni Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City, NC 28557 From: Dyk Luben, P.E., Regional Engineer, PWSS/WaRO Subject: CAMA/DREDGE & FILL Permit Application Review Applicant: David Bradley Donald R. van der Vaart Secretary Project Location: Northwest River & Tull Bay (Back River), Moyock, Currituck Co. Proposed Project: Salvage underwater logs. REPLY: This office has no objection to the project as proposed. _X_ This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED ell — Public Water Supply Section Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-64811 FAX: 252-948-00401Internet: www,ncwatecorg/pws/ An Equal opportunity 1 Affirmative Action Employer RECEIVED MAY 2 2 20b DCmt-Ill CITY DATE j ) MM North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 7, 2015 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Donald R. van der Vaart Secretary Ken Pace, PE; Environmental Operations & Rest Area O — C E Q G � O Department of Transportation MAY 18 2015 Daniel Govoni Assistant Major Permits Coordinator DISTRICT OFFICE Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review David Bradley Northwest River & Full Bay (Back River), Moyock, Curritack County Salvage underwater logs Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/2S/15 to 400 Commerce Ave ane Morehead CiCcon act Ron2522 .R -22417at (252) 10 If you have any questions regarding the pro posed project, please data are requested. 264-3901. When appropriate, in-depth comments with supporting J� REPLY: SIGNS This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached D comm nts. DATE � 1367 U517 South, EliYabath Cily, N 0909 dery o w Ile Id --hom8 Phone: 252-264.3901 \ FAX; 252-264.3723:Internet: 0j'd An Equal opponunity 1 AHbmative AWOn EnVIOyer 6SLV1EEZSZ LZ:60 SLOZ/81/90