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27-15 NC Coastal Federation
Sermit Class Permit Number NEW 27-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and y Coastal Resources Commissiono�rOQ 41*r tt 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 N.C. Coastal Federation 128 Grenville Street, Manteo, NC 27954 Authorizing development in Dare County adi. to Pamlico Sound, Shallowbag Bay. and Broad Creek , as requested in the permittee's application dated 10/2/14 including the � attached workplan drawings (12) 6 dated received in MHD City on 12/18/14 and 6 dated 10/27/14 This permit, issued on February 26, 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 x subject to tines, imprisonment or civil action; or may cause the permit to be nun ana voio. 1) In accordance with the permittee's email dated 2/26/15, the proposal to create an oyster reef structure located in Scarborough Creek is hereby removed from this project. Any reference to the proposed oyster reef structure in the attached application is hereby null and void. Oyster Reefs 2) Unless specifically altered herein, this permit authorizes the construction the oyster reef structures that are depicted on the attached workplan drawings. 3) The alignment of the oyster reef structures shall be staked by the permittee and approved on site by a representative of the Division of Coastal Management within a maximum of 30 days prioarttiftstart of any construction. APR 0 2 1015 This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit shall 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 shall 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. nrWA-Wnd bits Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. I �—� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee N.C. Coastal Federation Permit # 27-15 Page 2 of 3 ` ADDITIONAL CONDITIONS 4) All reef shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 5) The oyster reefs shall be marked with PVC pipes every 50 feet and the outer boundaries shall be marked with yellow reflectors extending at least three feet above normal high water level. 6) The permittee shall post signs indicating that the oyster reef structures located in outer Shallowbag Bay and Thicket Lump are research projects and are closed to shellfish harvest. 7) Unless specifically altered herein, monitoring and reporting requirements listed in the narrative dated 10/27/14 shall be implemented and provided to the Division of Coastal Management. General 8) No Coastal Wetlands, submerged aquatic vegetation, and oysters shall be excavated or filled, even temporarily. 9) This permit does not grant any property rights or exclusive privileges. 10) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 11) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 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. N.C. Coastal Federation Permit # 27-15 Page 3 of 3 ADDITIONAL CONDITIONS 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) 264-3901 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 high water level. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW- 2015-00139. NOTE: An application processing fee of $400 was received by DCM for this project. RECEIVED APR 0 2 ID15 Fn.Wkwhun cm Permit Class NEW Permit Number 27-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to N.C. Coastal Federation, 128 Grenville Street, Manteo NC 27954 Authorizing development in Dare County adi to Pamlico Sound, Shallowbag Bay, and Broad Creek , as requested in the permittee's application dated 10/28/14 , includingthe he attached workman drawings (12)6 dated received in MHD City on 12/18/14 and 6 dated 10/27/14 This permit, issued on February 26, 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 be subject to fines, imprisonment or civil action; or may cause the permit to be nun ano vow. 1) In accordance with the permittee's email dated 2/26/15, the proposal to create an oyster reef structure located in Scarborough Creek is hereby removed from this project. Any reference to the proposed oyster reef structure in the attached application is hereby null and void. Oyster Reefs 2) Unless specifically altered herein, this permit authorizes the construction the oyster reef structures that are depicted on the attached workplan drawings. 3) The alignment of the oyster reef structures shall be staked by the permittee and approved on site by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit shall 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 shall 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. Cp p' o. —'� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee N.C. Coastal Federation Permit i# 27-15' Page 2 of 3 ADDITIONAL, CONDITIONS 4) All reef material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 5) The oyster reefs shall be marked with PVC pipes every 50 feet and the outer boundaries shall be marked with yellow reflectors extending at least three feet above normal high water level. 6) The permittee shall post signs indicating that the oyster reef structures located in outer Shallowbag Bay and Thicket Lump are research projects and are closed to shellfish harvest. 7) Unless specifically altered herein, monitoring and reporting requirements listed in the narrative dated 10/27/14 shall be implemented and provided to the Division of Coastal Management. General 8) No Coastal Wetlands, submerged aquatic vegetation, and oysters shall be excavated or filled, even temporarily. 9) This permit does not grant any property rights or exclusive privileges. 10) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 11) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 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. i N.C. Coastal Federation Permit # 27-15 Page 3 of 3 ADDITIONAL, CONDITIONS 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) 264-3901 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 high water level. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW- 2015-00139. NOTE: An application processing fee of $400 was received by DCM for this project. A Novel Use for Abandoned Crab Pots: Upcycling Pots to Create Oyster Reefs in Pamlico Sound Applicant: N.C. Coastal Federation Project Narrative Prepared: October 27, 2014 by Erin Fleckenstein Background Oyster reefs are in decline on a global scale. Recent reports (Beck et al., 2009; Shellfish Reefs at Risk: A Global Analysis of Problems and Solutions) indicate that reefs are at approximately 15% of historic levels. In North Carolina there has been a concentrated effort to protect and restore oysters in our sounds. Oysters are an essential fish habitat providing a number of ecosystem services from creating reefs that provide habitat for other estuarine creatures, to filtering water in the sound (one adult oyster can filter up to 50 gallons of water a day), to acting as an important food source valuable to the economy and coastal cultural. Since 2002, the federation has participated in a number of efforts to restore oysters in the sound. Many oyster restoration projects rely on the use of oyster shell or other calcium carbonate substrate, such as limestone marl for successful restoration. Oyster shell is becoming an increasingly rare resource. A novel material and approach to restoring oysters has recently come to our attention. In South Carolina and Virginia researchers are working to remove abandoned crab pots from the sounds and rivers and then convert the reclaimed pots into oyster habitat. This work has been accomplished with considerable success. Please see attached report frIVED Dr. Peter Kingsley -Smith of SC DNR on the project process and progress. DEC 18 1n4 Coastal Federation Project DrM-MHD CITY This idea of collecting abandoned gear and upcycling it to oyster reefs caught the attention of the N.C. Coastal Federation at a national conference in 2012. In 2013 the federation applied for grants from NOAKs marine debris removal program and North Carolina Sea Grant to be able to replicate this project in North Carolina. The grants were awarded to the federation. The funding allows for two years of pot collection from the Pamlico Sound and Crab Pots to Oyster Reefs Permit Narrative October 27, 2014 converting the reclaimed pots to oyster reefs. Project partners include: N.C. Marine Patrol, NC SeaGrant, The Nature Conservancy, National Ocean and Atmospheric Administration, National Park Service, Town of Manteo, Wildlife Resources Commission, local fishermen, and local volunteers. In January 2014,17 fishermen were hired to collect crab pots from approximately 180,000 acres of Pamlico Sound. The fishermen worked alongside N.C. Marine Patrol officers and volunteers. They were successful in collecting 4,930 pounds of derelict fishing gear. Of the 349 pots that were collected, 110 of them were considered suitable for converting to reef material. This clean-up effort will occur again in 2015 and if additional grants are secured could continue for several years to come. Converting the Pots It is the federation's intent to replicate the success of the South Carolina Department of Natural Resources by converting pots to reef material. It is also the federation's intent to compare the success of creating oyster reefs from coated crab pots vs. a more traditional bagged shell reef construction. To prepare the pots for use as oyster reef material, the pots are power washed and cleaned of all debris. All vents are closed so that they are no longer able to ghost fish. Then the pots are covered in a ceramic tile mortar: MAPEI Gray Powder Polymer -Modified Mortar, which provides the substrate for oyster larvae to settle on. Each pot will weigh approximately 50 pounds when coated and measure 2x2x2 feet. The pots are allowed to fully cure (3-4 weeks) prior to deploying them at their reef location. Preparing a Typical Shell bag or Marl bag In order to compare the recruitment and feasibility of using crab pots as a reef v. traditional shell material as a reef, the federation proposes to construct shell bag/marl bag reefs at the selected locations. These bags are prepared by using nylon mesh material and filling them with approximately Yz- 3/4 of a bushel of either shell or marl to create a final bag with measurements of 2'x6"x 8"weighing approximately 35-50 pounds when constructed. The bags are then stacked on top of one another in a pyramid type structure to create the overall desired dimensions of the reef. Please see attached drawings for RECEIVED more details. DEC 18 2014 Site Selection and New Reef Locations 0--olmom)-i' The four potential reef sites have been selected based on the knowledge and input of local watermen, Division of Marine Fisheries, Nature Conservancy, National Park Service, Coastal Federation, South Carolina Department of Natural Resources and university researchers Crab Pots to Oyster Reefs Permit Narrative October 27, 2014 from UNC Institute of Marine Science. The sites were selected with the following criteria in mind: 1) oyster recruitment success- proposed reef locations were selected because they would support oyster populations and/or are in close proximity to other areas known to support native oyster population; 2) presence of SAV- the footprint of proposed reefs was sited so that there were no impacts to SAV beds (DMF staff assisted with an SAV site survey on August 28, 2014, please see attached results from survey); 3) bottom type- bottom type was selected so that it was neither too hard nor too soft. This will be ideal for allowing the pots to settle and develop into oyster reefs and was a recommendation from SCDNR; 4) user conflicts- potential reef sites were selected so that they are out of navigational channels (marked or otherwise) and do not conflict with known fishing activities or other recreational uses; 5) site energy- the wave and current energy of the proposed location was considered. We did not want a site that had extreme current or waves. Sites selected are in calmer waters and will allow for the pots to be in a secure, stable location. At this time it is the intent of the federation to deploy crab pots and/or bagged oyster shell (or marl) at four potential locations in and around the waters of Roanoke Island in Dare County, NC, please see attached locator map. Two sites are located in Shallowbag Bay and two sites are located on the southern end of Roanoke Island. In spring 2015, upcycled pots and/or bagged shell will be deployed at each of the four locations. Deployment timing is dependent on when permits are received and volunteer availability. We currently have 110 pots ready for deployment and plan to purchase 500 bushels of shell and marl to bag and deploy. The federation is requesting to permit a larger foot print area than we currently have material to fill. This will allow the federation to build out the reefs sites as success in oyster restoration is shown as long as the permit remains active. The federation will maintain close coordination with DCM, DMF and others as needed when additional materials are planned for deployment. RECEIVED DEC 1 R n,A Reef Construction DCM-MHC C:nv The federation will use volunteers and local fishermen to deploy the reef material. Four potential reef locations have been selected; two in the waters around southern Roanoke Island and two in Shallowbag Bay (see specific site descriptions below for more detail). At all four sites, the pots, shell/marl and volunteers will be transported via boat (Jones Crab Pots to Oyster Reefs Permit Narrative October 27, 2014 Brothers 24' or something similar) to the proposed location and then deployed in the water. Land access is not required. Boats will be anchored offshore during deployment. Once at the site, the pots will be placed in the water and then secured with Yr3/8" rebar, measuring -2ft long, with a hook in one end. The rebar will be driven to secure the pot in place. The pots will be placed next to each other in a checkerboard pattern and the corners of the pots will be hog -ringed or zip tied together. Using the rebar and securing the pots together with hog rings/zip ties will limit the potential for the pots to roll. If the pots roll, the federation will take additional steps to secure the pots or they will be removed from the site by the federation and/or its volunteers. At each site 3-4 reefs will be constructed with 10-20' between the reefs for a total length of 150-200' of reef. A maximum of 50 pots will be used in each SOx10' footprint of a reef. Please see attached drawings for more specifics. To compare the success of crab pots as oyster reef material to traditional reef building materials (oyster shell/marl), bagged oyster shell/marl will be deployed and monitored to compare reef colonization and growth. Bagged oyster shell/marl, weighting approximately 35-50 pounds and measuring 6"x 8"x 2' will be stacked on top of each other to create a more traditional reef structure. Bagged marl will be placed on the bottom of the reef with bagged shell used as a "veneer" or "top dressing'. Because shell is in such demand, it will only be used on the top and outer layer of the sill and marl will be used as a "sacrificial" layer underneath. Please see attached diagram for more information. The success of the bagged oyster shell reef will be used to compare the recruitment and growth of the new crab pot reef structure. The sites that have been selected show water depths of 28-41" on a normal water day. It is expected that the pots and bagged oysters will be submerged most of the time with 4-17" of water above the tops of the reefs (depending on the site). However, on strong wind tides the reefs may be partially or wholly exposed. The corners of the permitted reef will be identified with PVC poles and reflective tape. Additional markers will be placed every 50 feet along the reef (please see attached site diagram). Markers with reflective tape will extend a minimum of 3' above MHW to be easily seen and clearly identify the reef area. Within the permitted footprint the pots and/or bags of shell will be placed to create reefs of maximum dimensions: 10x50'. At each site 3-4 reefs will be created to a maximum of 200, x10', variations in length of total footprint based on site. Please see attached diagram for site specific detail. Within each reef, pots will be arranged in a checkerboard pattern and bags may be up to five bags wide (1 C'). A maximum footprint for the four proposed sites is 750 linear feet by 10 feet wide (or 0.33 acres for the entire project). RECEIVED DEC 18 2014 DCM-MH©C" Crab Pots to Oyster Reefs Permit Narrative October 27, 2014 Monitorine The federation will monitor the reefs at a minimum on an annual basis and after any major storms to make sure that they remain intact and have not become a nuisance. This monitoring will be conducted for at least 3 years after the project is complete or until the reefs are established. In addition to monitoring their security, the federation will also monitor the pots and bagged shell for oyster colonization and growth. This will be done by estimating percent cover of oysters and measuring a subset of the oysters for their heights. The federation also hopes to monitor fish use of the reefs but a monitoring technique for this has not yet been determined. And finally, the federation plans to measure the distance of the reef to the adjacent marsh. The reefs will all be located at least 15' from the adjacent shoreline. Any changes in this distance (either positive or negative) will be noted. A report of maintenance activities and monitoring results will be made available to DCM or others as requested. Oyster Harvest It is the federation's hope and intent that these reefs will develop into productive oyster reefs. If the crab pot reefs mature (support legal sized oysters) and are located in approved shellfishing waters (only the Broad Creek Site meets this criteria), they will be open to hand harvest after three years. For the pots this method of harvest will keep the majority of the oysters in place and will rely on harvesting the oysters encrusting the outside of the pots. The South Carolina experience has been that many oysters grow on the interior of the pots. This means that the pots maintain their structural integrity and the majority of the oyster reef remains, even if the exterior is harvested. The bagged oyster shells will only be deployed in areas where harvest is not approved as they will likely not withstand harvest. Existing Site Conditions There are no existing permits for this work. This work is not part of any required mitigation. Sites selected for oyster reef restoration are unvegetated sandy to muddy bottom in 24-43" of water. Salinities support oyster growth and sites selected are near existing oyster patches. Reefs would be constructed 10-40' off shore (varies by reef location) outside of any known user conflicts. RECEIVED DEC 1 R In't DCM-MHD CITY Crab Pots to Oyster Reefs Permit Narrative October 27, 2014 Specific Site Conditions The four sites selected and details of the sites are included below: OUTER SHALLOWBAG BAY A top priority site that the federation has selected is referred to as the Outer Shallowbag Bay Site. This site is located adjacent to State Owned property. Parcel #024395000. The reef is proposed to be an average of 20' off shore from the state owned land. Water depth is 36- 40" deep. No SAV is located at the site. Salinities have been measure at 13 ppt. The staff from Division of Marine Fisheries conducted a site survey and results are attached to this permit narrative. The proposed reef would measure 10' wide and extend along the length of the shoreline for approximately 200'. This site would be constructed of both crab pots and oyster shell bags. Approximately two 40' crab pot reefs and two 40' oyster shell bag reefs with 10-20' between the reefs would be constructed at this site. This site is well protected from the majority of wind directions and is located in close proximity to the federation's Manteo office, which will facilitate monitoring of the reef. Bottom type is a peaty/muddy bottom. Oysters should do well to colonize and form an oyster reef in this location on both the pots and bags. This site will not be open to harvest as it is in closed waters. SCARBOROUGH CREEK Also in Shallowbag Bay is a site referred to as the Scarborough Creek site. This site is adjacent to land privately owned by Ella Planter. Parcel # 025727003. The reef is proposed to be approximately 10-30' off shore and in waters 24-40" deep. The reef would measure 10' wide and extend along the length of the shoreline for approximately 150'. This site has been selected also for its location as a safe place, with a soft/muddy bottom that will secure the pots. Low current and wave energy at this site makes it a good location for placing the pots and shell bags. Salinities have been measured at this site ranging from 6- 18 ppt. Local recreational fishermen have indicated that this would be a prime location to place the pots and create habitat for enhanced fishing opportunities. It is near Scarborough Creek but well out of the un-marked navigation channel that local recreational boaters use to access the Scarborough Creek homes/docks. In addition, no SAV is noted at the site by Division of Marine Fisheries. The site is located in close proximity to the federation's Manteo office which will facilitate maintenance and monitoring of the reef. RECEIVED DEC 18 MA Crab Pots to Oyster Reefs Permit Narrative DCM-MHDCOV October 27, 2014 This site would be constructed of approximately two 40' crab pot and one 40' oyster shell bag reefs with 10-20' between the reefs. This site will not be open to harvest as it is in closed waters, BROAD CREEK The third site selected for reef construction is referred to as Broad Creek. This site is adjacent to land owned by the State of North Carolina that is undeveloped coastal marsh (Sportino alterniflora dominated). Parcel #025884002. The reef is proposed to be an average of 30' offshore. Water depth is 28-40" deep. No SAV is indicated at the site. Salinities have not been measured at this site, but nearby natural oyster reefs have been documented indicating ideal conditions for oyster growth. The staff from Division of Marine Fisheries have indicated there is no SAV located at this site. The close proximity to existing oyster beds will facilitate natural recruitment to this constructed reef. The proposed reef would measure 1 C' wide and extend along the length of the shoreline for approximately 200'. This site would be constructed of up to four crab pot reefs 10 x4C'. If the reef grows as planned, it may be open to harvest as it is in approved shellfishing waters. This site is located directly across from the entrance to Wanchese Harbor. It is protected from the majority of wind directions. THICKET LUMP The fourth proposed reef location is referred to as Thicket Lump. This site is adjacent to undeveloped coastal marsh (dominated byJuncus roemarianus) owned by Metropolitan Designs Incorporated. Parcel #025898000. The reef is proposed to be an average of 20' offshore from the land. Water depth is 24-38". No SAV is indicated at the site. Salinities have measured at 13 ppt. This site is in close proximity to existing natural oyster beds which will facilitate natural recruitment to this constructed reef. The proposed reef would measure 10' wide and extend along the length of the shoreline for approximately 200'. It would be constructed of approximately two 40' shell bag reefs and two 40' crab pot reefs. This site would be closed to harvest as it is not in approved shellfishing waters. The site is located on the southern end of Roanoke Island in the marshes of Wanchese. It is in a well -protected location and the bottom is firm but muddy which is ideal for reef RECEIVED construction. It is protected from the majority of wind directions and out of any DEC 18 ?nu navigational channels. DCM-MHD CITY Crab Pots to Oyster Reefs Permit Narrative October 27, 2014 RECEIVED DEC 18 7^'h DCM-MHD CITY ACM Mr-1 APPLICATION for Maier Development Permit (last revised 12J271Q6) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicantl Landowner Information Business Name Project Name (if applicable) N.C. Coastal Federation A Novel Use for Abandoned Crab Pots: Upcycling Pots to Create Oyster Reefs in Pamlico Sound Applicant 1: First Name MI Last Name Erin L Fleckenstein Applicant 2: First Name MI Last Name Todd Miller If additional applicants, please attach an additional pages) with names listed. Mailing Address O Box City State 128 Grenville Street I Manteo NC ZIP Country Phone No. FAX No. 27954 USA 252-473-1607 ext. 252-473-2402 Street Address (if different from above) City State ZIP Email erinf@nccoast.org; toddm@nccoast.org Z Agenti"Contractor Information Business Name Same As Above RECEIVED Agent/ Contractor 1: First Name MI Last Name DEC 18 7014 Agent/ Contractor 2: First Name—� MI Last Name 96M-MN9 CITY Mailing Address PO Box City State ZIP Phone No. 1 Phone No. 2 - - ext. - ext. FAX No. Contractor p Street Address (if different from above) City State ZIP Email <Form continues on back> Form DCM MP-1 (Page 2 of 6) APPLICATION for Major Development Permit RECEIVED DEC 18 nu BCMI-WHM C-" 252-808-2808 .. 1-888-4RCOAST .. www.ncanastilminigoment.net Form DCM MP-1 (Page 3 of 6) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. III Dare NIA: will take place in submerged waters of Pamlico Sound Subdivision Name City — State Zip Phone No. Lot No.(s) (if many. attach additional page with list) - - ext. I , - a. In which NC river basin is the project located? .--........ _....._........_......... b. Name of body of water nearest to proposed project Pasquotank River Basin Pamlico Sound, Thicket Lump, Broad Creek, Shallowbag Bay c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Elves ®No work falls within. Dare County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (Sq.ft.) NIA- project to take place in public trust waters N/A e. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) N/A ❑NHW or ❑NWL e. Vegetation on tract N/A RECEIVED f. Man-made features and uses now on tract N/A DEC 18 2014 Bf?M-MHB eITY g. Identify and describe the existing land uses adjacent to the proposed project site. The proposed oyster reef locations are sited in the water 1540' feet from the nearest shoreline. The adjacent properties are undeveloped coastal marsh owned by the State of North Carolina or private landowners. In. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? water (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ®NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes No (DNA National Register listed or eligible property? Form continues on next page> net Form DCM MP-1 (Page 4 of 6) APPLICATION for Major Deveiopment'Permit m. (i) Are there wetlands on the site? (if) Are there coastal wetlands on the site? (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (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 ❑Yes ❑Yes ®No 5. Activities and Impacts a. Will the project be for commercial, public.. or private use? ❑Commercial ®Public/Government ❑Private/Community b. Give a brief description of purpose, use. and daily operations of the project when complete. The proposed project is intended to assist in statewide efforts to restore depleted oyster populations in Pamlico Sound. The sites selected will be open to the public for educational purposes, recreational fishing opportunities and where appropriate oyster harvest. Please see attached narrative for more detail. c. Describe the proposed construction methodol s of construction equipment to be used during construction, the number of each P P o9Y� IYPe9 type of equipment and where it is to be stored. The project will be constructed with volunteers and project partners using upcycled crab pots and bagged oyster shell. Materials will be delivered to the proposed reef locations with John boats, skiffs and other small watercraft. Where used, bagged shell will be stacked on top of each other to create a low -profile reef. Where used, upcycled crab pots will be secured with 3/8 inch rebar driven into the sediment 2 feet at the corners. Adjacent pots will be hog -ringed or zip -tied together to further secure them in place. Please see narrative and drawings for more details. dListall development activities you propose. No development proposed; this is an oyster restoration project. e. Are the proposed activities maintenance of an existing project, new work, or both? new work f. What is the approximate total disturbed land area resulting from the proposed project? no land is being disturbed as part of this project. Total reef footprint proposed is not to exceed 0.33 acres ❑Sq.Pt or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? RECEIVE h. Describe location and type of existing and proposed discharges to waters of the state. DEC 18 %g no discharges proposed I. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ONO ®NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA I. Is there any mitigation proposed? ❑Yes ONO ®NA If yes, attach a mitigation proposal. Y Form DCM MP-1 (Page 5 of 6) APPLICATION for Major Development Permit <Form continues on back> 8. 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) — (1) are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with 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. 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 State Property Office: Tim Walton, General Manager Phone No. 919 $07.4650 Address PO Box 629 Raleigh, NC 27602 or 1321 Mai) ServiceCenter Raleigh, NC 27699 Name Ella Planter Phone No. Not available Address 7960 Mountain Falls Ct. Apt 102 Raleigh, NC 27617 Name Metropolitan Designs Incorporated Phone No. Not available Address 3204 Ferdlillah Ln Raleigh, NC 27610 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers.. permittee. and issuing dates. none known h. Signed consultant or agent authorization form. 'd applicable. i. Wetland delineation, 6 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. 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 CA P-t I ! c} Print Name V Signature RECEIVED Please indicate application attachments pertaining to your proposed project. DEC 18 ?MA JZDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DCM &0 C@11 ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information 252-808-2308 .. 1-688-4RCO4.i' .. w m- v,;. nc cro,- is 1 mana ge nt ent. net Form DCM MP-1 (Page 6 of 6) APPLICATION for Major Development Permit RECEIVED DEC 18 ?nu �M=MN9 P-iry 252-808-2808 .i 1-888-4RCOAST .. www.nCC0asta3mana9ement,net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) NOV 2 5 2014 ..:k...-t Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be St te`fb complete aft 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 750 — — — 10 Width Avg. Existing NA NA 36" Depth Final Project NA NA same :l Depth 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated, cubic yards. c. (i) Does the area to be excavated include coastal wetlandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑WL ❑None (ii) Describe the purpose of the excavation in these areas* d. High -ground excavation in cubic yards. 12. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA (n) If no.. attach a letter granting permission from the owner. e. (i) 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 (ii) Describe the purpose of disposal in these areas: d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No DNA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA III) If yes, how much water area is affected? RECEIVED DEC 18 2W 9QM-'MHB eflY 232-33�T-2dCM i.P88-x2r.:JFa7 .,:wa•.. Ear. �o�iu7ra .nage:rr��nL�x t_. v;s2ciz 11':26i66 7---ttz n(7r1 i` "P-? + , a,od Pill, Page 2 of 3} 3. SHORELINE STABILIZATION ® This section not applicable (It development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Lenoth: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap _ Breakwater/Sill Other i. Source of fill material. Width: d. Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (it) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ❑No ❑NA If yes, (ti) Amount of material to be placed in the water _ (iii) Dimensions of fill area 750' x 10' x 2' (iv) Purpose of fill The fill to be brought in is repurposed crab pots and oyster shell to create new oyster reefs at four sites around Roanoke Island in Dare County, NC a. How will excavated Or fill material be kept on controlled? Sites selected for oyster reef creation are in lower energy or well protected areas. ShelVmarl will be bagged in nylon mesh to create bags of sufficient weight to remain in place. Repurposed crab pots will be coated in mortar to create a pot of suffient weight and then held in place by using rebar hooks driven into the comers of the pots and pots will be hog ringed or ziptied together to limit rolling/movement. See narrative and drawings for more detail. C. (i) Will navigational aids be required as a result of the project? ®Yes ❑No ❑NA (ii) If yes, explain what type and how they will be implemented. PVC pipe will be used to outline the reef footprints. The pipes will be driven into the ground 3-5 feet deep at the corners of the reef and every 50 feet along the length of the reef. At least three feet of pipe wilt be visible above normal water level and 2" reflective tape will be used to mark the pipes. b. (i) Will fill material be placed in coastal wetlands/marsh (OW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked. provide the number of square feet affected. ❑CW ❑SAV _ ❑SB _ OWL ®None (ii) Describe the purpose of the fill in these areas: What type of construction equipment will be used (e.g., dragline. backhoe. or hydraulic dredge)? no construction equipment. Work will be done by volunteers using a trash pump to help drive PVC pipe into the ground and John Boats (or other small skiffs) to transport volunteers, materials and equipment. No boats or equipment will be stored on site. See narrative for more detail. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ONO ❑NA (tt) If yes. explain steps that will be taken to avoid or minimize environmental impacts. DEC 18 ru l3ell"l-MHOC" 252-808-2808::1 8dII-b.t 3tS? www, ncc oastal nirinagement, tie! iervised! 12,26•06 to(2-41* Date ro ctName Applicant Name Applicant Signature RECEIVED DEC 18 2014 DCM-MHn Plr• ,.3-26� o :: 1-868 4h';CA'5; , .4— , o r, 122606 i mo L 1 (D RECEIVED DEC 18 7014 DCM-MHI) Cm .; RECEIVED DEC 1 R g"'o DCM-MHD CRY RECEIVED DEC 18 7MA DCMMHD CRY Location Thicket Lump Broad Creek Outer Shallowbag Bay Scarborough Creek start coordinates of waterward edge 35.823390 N 075.624490 W 35.851750 N 075.615220 W 35.917510 N 075.662540 W 35.899600 N 75.662140 W end coordinates of waterward edge 35.822970 N 075.624290 W 35.851290 N 075.614910 W 35.917020 N 075.662780 W 35.899480 N 075661670 W Length of Reef 200' 200' 200' 150' Ave. Distance from Shore 15-20' 30' 20' 20' Environmental Suitability Data Salinity 13 ppt NA 6-18 ppt 6-18 ppt Water Depth Range 24-38" 28-40" 36-40" 36-40" Bottom Type muddy, hard bottom sandy, hard bottom muddy, hard bottom mud Energy Level of Site calm, protected relatively calm relatively calm calm, protected Existing Shellfish not observed in proposed not observed in proposed not observed in proposed not observed in proposed Resources reef footprint reef footprint reef footprint reef footprint Existing SAV or SAV habitat NA NA NA NA Previous Year's Site Success NA NA NA NA Harvest Designation closed to shellfish harvest SA closed to shellfish harvest closed to shellfish harvest Harvest Gear Restrictions NA hand harvest only NA NA proposed site well away from Possible User Conflicts none known none known none known any potential navigation channel Reclaimed Crab Pots Reclaimed Crab Pots (no shell Reclaimed Crab Pots Reclaimed Crab Pots Construction Material converted to Oyster Reefs y at this site), NC Coastal converted to Oyster Reefs converted to Oyster Reefs and Source and Bagged Oyster Shell, NC Federation and Bagged Oyster Shell, NC and Bagged Oyster Shell, NC Coastal Federation Coastal Federation Coastal Federation Proposed Construction Dates Spring 2015 Spring 2015 Spring 2015 Spring 2015 +0l y Yf Lz4 kta `-^ ft k'rr•1, 1^eoj�»�d.iv .-,ir �€ 11`L w1,N�S C . r t'jl)Q u+-vl eA�+ t place vvte,-t C+f +PqC- Y1 V • f�� t bV 4 jta t+ come -es vf� Gr %16 QOi+ A. #✓ile of 11 (( O u CIO 27 1 O � k,41` n �:. F✓'s•i-rn r%, ...:� �� .A3 rJ T7' �ri iP..,. a.}'1. ._..__� u, 3 U ✓j � t � O -_ r v 6 .i��.�.._1 ; . I1,_•,f-, s-4 oat cis 00 L--eL -sto zw J6 a, p ",Id ,I d -31145 , Q dY PIA WA 6-dS -r - - -- - - - 50 100 RECEIVED DEC 18 lotl DCM-MHD CITY t,A cc x LU Cm 52 12 coo S�j ol Mo RECEIVED DEC 18 71`1+4 D6M-Mma en SAV/Shellfish Investigation Report Investigation Date 8/28/2014 Applicants name NCCF County Dare Water body/location Shallowbag Bay (Northern) Proposed Area Size (acres) 0.09 Investigation Team Greg Allen, Tom Wagner, Tyler Payne Sampling Time 2:00 Gear Used Meter Square/Rakes Sediment Type Hard Mud Bottom Composition No grass, Detritus Depth 1.2 meters Tidal stage High Tidal range .30 meters Wind Speed and Direction NW 10 Exposure East and South Water temperature 28.3 C Salinity 7.7 ppt. Salinity Range 5.0 - 18.0 ppt. Dissolved Oxygen 6.43 mg/I Comments On SAV In or Around Proposed location Documented SAV to the NE of proposed area Other Species Collected None Suitibility of Area for Shellfish Cultivation Moderate In PNA? No In Polluted Area? Yes In MMPA? Yes Other Comments Area Coordinates: 35 55.0492806 75 39.7519162 35 55.0473381 75 39.7483094 35 55.0188863 75 39.7625412 35 55.0213228 75 39.7660434 RECEIvrr RECEIVED DEC I ft DEC 18 7014 DCM . onp-t AUH ".l 10/28/2014 1:43 PM W n _o C'3' R Q1 Q K O N t Qs N E gg � " 4 .a �` 1j '��,.�� `� #� � A / � �.� �� ;: ince the early 1900's, North Carolina's Eastern Oyster (Crassosrrea viiVnica) population has declined an estimated 90 percent. A variety of factors are to blame — habitat loss, pollution, diseases, and harvest pressure. So, why should we care? Because, believe it or not, our native oysters are one of the most important species of our estuaries. Because of their role as a keystone species in the estuary environment, the health of the oyster population can be considered a reflection of the health of the ecosystem. With the loss of oysters and oyster habitat, other aquatic species have become stressed as well. If we can restore and protect the native oyster population, our coast will be healthy too. i Recognizing this, the North Carolina Coastal Federation (NCCF) has helped to coordinate the Oyster i Restoration and Protection Action Plan for North Carolina. This plan represents a coordinated, concerted r and comprehensive effort over the next five years to protect and restore oysters in North Carolina. It includes a number of actions suggested by scientists, fishermen, policymakers and educators to protect and restore North Carolina's oysters. With this in mind, NCCF has approached oyster restoration by pursuing three strategies, including public education and involvement, water quality protection and oyster habitat restoration. Why restore oysters? RECEIVED Because of their tremendous value. The values of oysters are often DEC 1 8 7n'n referred to as the three "Fs": Food, Filter, and Fish habitat. Oysters are very important because the reefs they create provide critical habitat for a 7CM-MHO CITY diverse collection of aquatic animals, including many important commercialandrecreational fish species. One healthy oyster reef can be home to more than an estimated 300 different organisms, like adult and juvenile fishes, shrimp, clams and blue crabs. If the oysters are thriving, it is likely that other shelhish and finfish that spend some part of their lifecycle in the estuary are also doing well. Not only do oysters hold economic value by providing a commercial and recreational oyster fishery, fish habitat, and food for the estuarine food chain and people, but they also filter the water of our sounds, bays and tidal creeks. Oysters are filter feeders, meaning they filter out sediment, nutrients and plankton from the water in our estuaries, thereby improving water quality. One adult oyster can filter between 25-50 gallons of water per day — so just think what a few hundred thousand could do! The final equation is very simple ... the more oysters there are, the cleaner the water, the more habitat for a variety of aquatic species, and the more seafood for us. Since 1998, NCCF has been conducting oyster habitat restoration and creation projects along the central and southern coast. These continuing efforts have resulted in over seven acres of oyster habitat created or restored in four new oyster sanctuaries and management areas along the central and southern coast. NCCF's efforts have focused on the building and seeding of oyster reefs at sites along the coast Working with researchers, oyster growers and harvesters the restoration sites have been selected and the new reefs have been designed. in partnership with the NC Division of Marine Fisheries, over 30,000 bushels of oyster shell have been planted at the sites, forming the base of the new reefs. Seeding of the new reefs has been made possible by volunteers donating thousands of hours to fill over 4,000 shell bags and transport them to new reefs for seeding. The oyster shell bags have been set with oyster larvae at J&B Aquafood, a family -run shellfish business. When attached to the oyster shell bags and spread onto the newly laid shell base, these oyster larvae will help to jump-start the formation of the new reefs. NCCF's ovsier habitat restoration and creation projects have been made possible with the support of its partners, including NOANs Community Habitat Restoration Program, FishAmerica Foundation, National Fish and Wildlife Foundation, Restore America's Estuaries, NG Sea Grant, NC Division of Marine Fisheries, NC Shellfish Sanitation Section, NC Division of Water Ouality, the Albemarle -Pamlico National Estuarine Program, UNC-W and he NC Clean Water Management Trust Fund. Reef seeding wMM June * oy$*s North Carolina Coastal Federation RECEIVED DEC 18 71114 North Carolina Coastal Federation 13609 Hwy 24 (Ocean) I Newport, NC 28570 Phone: 252-393-8185 1 Fax: 252-393-75081 Email: nccranocoest.org I Web: www,nocoast.org DCM-MHD CITY The North Carolina Coastal Federation is the state's largest ran -profit waking to protect and restore coastal North Carolina. There are many exciting opportunities to get involved in restoration projects and help preserve our coastal environment. If you would like to support our efforts, please consider becoming an NCCF member. You also can learn about volunteer opportunities and other programs by checking out NCCF's website at www nccoast_oy call 252.393-8185, or come by NCCF headquarters at 3609 Hwy 24 in Ocean, located between Morehead City and Swansbom. 0 Pnnted on Recycled Paper .,....._... .. .1,4 i �.. i SARP/NOAA Restoration Center Subaward Final Report - - --1 Project Title: CONSTRUCT — Creating oyster niche structures through restoration using wab4raps, -.. Award Number: 1609 — Award Period: Oct 1" 2009 — Dec 3 1 " 2012 (12-month & 3-month no cost extensions) Grantee Organization: South Carolina Department of Natural Resources (SCDNR) Contact Person: Peter Kingsley -Smith, Ph.D. (Principal Investigator) Email: kin�,sleysmithl'iiidnr.sc.cov Phone Number: 843-953-9840 Reporting period: Oct I"2009 — December 3 1 " 2012 Final Report Narrative I Final Results The overarching goal of this project was to establish a SCDNR crab trap revitalization program that converts marine debris (specifically unwanted and abandoned crab traps) with negative ecological and aesthetic impacts into habitat that supports shellfish and finfish populations. The success of this project was dependent upon addressing the following objectives; 1) gathering information on the abundance and distribution of abandoned crab traps in the coastal waters of South Carolina; 2) developing effective means of collecting and accepting abandoned and unwanted crab traps, respectively; 3) deploying these revitalized crab traps(vents closed, concrete coating to enhance oyster settlement) as substrate that supports oyster reef development for its ecological services; 4) publicizing the effectiveness of this approach to habitat enhancement through education and outreach, including the involvement of volunteers and through the establishment of larger scale demonstration reefs. This project resulted in the creation of new oyster reef habitat, focusing the deployment of substrate in areas dominated by pluff mud and that are largely devoid of naturally -occurring oyster reefs. These areas of pluff mud do not lend themselves to more `traditional' methods of oyster reef habitat enhancement that have been widely used in South Carolina (i.e., large-scale planting of loose shell, planting of oyster shell bags by the South Carolina Oyster Restoration and Enhancement (SCORE) Program) due to the sinking of the substrate. As previously shown by the SCDNR, and as demonstrated in this project, however, the use of crab traps as substrate is an effective approach to oyster reef habitat enhancement in these areas. Oyster reefs are now widely recognized for their recreational and commercial fisheries value but also their roles as ecosystem engineers that support a number of important ecological services, such as shoreline stabilization, improvements in water quality and clarity, and the provision of habitat for diverse assemblages of finfish and invertebrates. Objective 1: The online survey gathered a total of 60 completed surveys through the establishment of a project -specific website hup:; iww�N -, rabtraps index.htm1. SCDNR staff located in Columbia, SC helped Marine Resources Division (MRD) staff utilize the program "Business Object tools" for running queries from the Oracle database that was developed to handle the data collected by the online survey. This program allowed easier access RECEIVEC DEC 1 9 to and summary of the information within the completed surveys. Flyers (n = 14) were posted at bait and tackle shops, as well as at boat landings, along the coast of South Carolina informing the general public about our website and online survey (Figure 1). Figure 1 (below). Illustration of the project flyer that has been posted at locations along the coast of South Carolina to inform the general public of the negative impacts of abandoned crab traps and to increase awareness of the project ivehsite t _ at which they can complete the survey dtP CArie' HURP ' 7 Abandoned Trapset SAR P ..s..v e s •. ,r s--• Abandoned crab traps can pose a threat to man)sptors of marine life. SCDNR needs Information on the location of abandoned crab traps In our coastal waters. Once retrieved, these traps can be modified to support the deselopment oroyster reefs. %hick In turn reduce shoreline erosion and pros Me habitat for marsh life. 1'on can help b% uslny The follo%tog online sur%ci to reportsighting, of abandoned crab traps to provide information on abandoned crab traps. Objective 2: A grand total of 746 crab traps were collected during this project, many of which have (n = 285) or will later be used as oyster reef substrate as part of an ongoing State Wildlife Grant -funded project and a recently awarded grant to the MRD through the NERRS Science Collaborative. Of the 746 traps collected by this project, 536 were donated by commercial fishermen and the general public, and would likely otherwise have been destined for the landfill. The remaining 2I0 traps were clearly abandoned in the environment, i.e., lacked identifying floats, were high and dry at low tide. These abandoned crab traps were recovered by staff from the SCDNR (n = 135) or in collaboration with staff from the Yawkey Wildlife Management Area (n = 41) and Bears Bluff National Fish Hatchery on Wadmalaw Island (n = 34). Figure 2 below illustrates vchere the t�\o types of reef (i.e.. experimental reefs and demonstration reefs) have been established as a result orthis project. Objective 3: The 285 crab traps deployed in this project were arranged either as `experimental reefs' (n = 144) or `demonstration reefs' (n = 141). The experimental reefs were deployed as discrete, replicated individual traps intended to facilitate the collection of data on oyster reef "footprints" (i.e., percent live cover), oyster density per m2, and shell height. The experimental reefs were deployed at 6 different locations (Ashley River. Charleston Harbor, Dawhoo River.. Leadenwah Creek, New Cut, and Stono River) with three sub sites each consisting of 8 traps established at each location. The construction of the experimental reefs occurred in March -April 2011. The demonstration reefs were established as contiguous arrangements of traps in a RECEIVED checkerboard pattern to intended to increase both the amount of surface area available for the DEr, I R idsf 2 DCM,MeIfi CITY recruitment of larval oysters and the spatial complexity of the structure for finfrsh habitat. Demonstration reefs were deliberately constructed in areas that are easily accessible to volunteers for educational outreach purposes. The construction of the demonstration reefs occurred in late April 2011 - May 2011. Additional traps (n = 23 per site for 3 sites) ) were added to the demonstration reefs in the spring ol'2012 to increase reef sire through a synergistic integration of reef -building efforts with a project supported by a State Wildliie Grant (SWG), scheduled to continue through June 2013, that also targets crah traps for use as reef substrate to support essential fmfish habitat. Figure 2 (left). Locations of the experimental crab trap reefs and demonstration crab trap reefs. Within each of these 6 deployment locations, 3 sub -sites were selected based on their suitability for establishing crab trap -based oyster reefs. Each sub -.rite has received 8 individual revitalized crab traps (vents closed, concrete -coated). Demonstration reefs now each comprise 47 traps. Monitoring of the experimental began in September 2011 and occurred quarterly through October 2012, althoughquarterly monitoring spanned several months due to its dependence on daytime low tides and the time consuming nature of this data collection effort. Reef "footprints", measured as percent cover of live oysters, were captured photographically during these quarterly site visits at all of the experimental reef sites by photographing the top of each individual cement -coated crab trap. The percent cover of live oysters for each trap was determined using the image analysis software SigmaScan or Image J as illustrated in Figure 3 below. Images were calibrated using quadrates with attached rulers that were included in the photographs. Data on shell height (mm) and oyster densities (oysters/mZ) were also collected from these images approximately one year after deployment using similar techniques. RECEIVED DEC 18 ru DCM-MHD CITY Objective d: Many of the crab trap deployments and finfish sampling events were performed in conjunction with students from the College of Charleston, volunteers from the general public, and Bear's Bluff USFWS staff, providing them with hands on experience in oyster reef construction and monitoring techniques, while also providing informal environmental education opportunities to discuss topics such as habitat restoration, finfish ecology, oyster biology and other more general environmental issues. Several professional presentations covering this project have also been given to the restoration/scientific community (see section IX on Outreach and Education). Figure 3 (below). Illustration q/'the reef 'footprint " method using image analysis. A digital image is collected of the top surface of each trap that includes a quadrate with rulers attached and a unique label for identification (left below). Images are imported into Sigma Scan or Image J image analysis software to determine the percent coverage of live oysters on the upper surface of each of the crab traps (reef *footprints "), as shown in the right-hand figure below. II. Restoration Targets and Progress Acres / miles / Acres / miles / metric metric tons Acres / miles / metric tons projected to be Habitat Type: accomplished in tons accomplished to- completed at end of this reporting date (cumulative): award: period: Oyster reef N/A 0.026 acres 0.026 acres [Note: These acreages are based upon the 285 traps deployed and a standard crab trap having a RECEIVED footprint of 2 11 x 2 ft.] DEC 18 1014 1I1. Permit Status ®eNI-MH® GITY These activities were exempt from DHEC-OCRM pennitting as stated in OCRM regulation 30- 5-(A)(2): "Hunting, erecting duckblinds, fishing, shellfishing and trapping when and where otherwise permitted by law; the conservation, replenishment and research activities of State Agencies and educational institutions; or boating or other recreation provided that such activities cause no material harm to flora, fauna, physical, or aesthetic resources of the area." IV. Species Benefitting Species that are believed to have benefitted from this project include those known to be associated with oyster reef habitat, specifically, Eastern oysters (C'rassostrea virginica), blue crabs (Callinectes sapidus and Callinectes similis), stone crabs (Menippe menippe), red drum (Sciaenops ocellatus), spotted seatrout (Cynoscion nebulosus), sheepshead (Archosargus probatocephalus), spot (Leiostomus xanthurus), black drum (Pogonias cromis), naked gobies (Gobiosoma base) daggerblade grass shrimp (Palaemonetes spp.) and snapping shrimp (Alpheus heterochaelis) all of which were found to be present around the crab trap reefs as part of the drop net sampling effort (see section VII Monitoring and Maintenance Results, Finfrsh sampling to determine habitat value, pg. 11). V. Project Partners Crab traps were donated by staff from the Bears Bluff National Fish Hatchery (USFWS), Yawkey Wildlife Management Area, the SCORE Program, and the Cape Romain National Wildlife Refuge (CRNWR). The CRNWR encompasses Bulls Bay which is known to have a large number of abandoned crab traps contained within its boundaries. Project staff will continue to work with these organizations, as well as South Carolina Sea Grant Consortium, COSEE (Centers for Ocean Sciences Education Excellence), and SCDHEC-OCRM (South Carolina Department of Health and Environmental Control's Office of Ocean and Coastal Resource Management), to reduce marine debris in the coastal waters of South Carolina. VI. Project Timeline The final timeline for this project (in light of the no cost extensions) was as follows: Collection of crab traps: Deployments of crab traps: Quarterly site visits (document footprints): Collection of oyster density and size data: Drop net sampling (with volunteers) Project ended V1I. Monitoring and Maintenance Results October 2010-December 2012 April -May 2011 May 2012 September -November 2011 January -April 2011 April -July 2012 RECEIVED September -October 2012 DEC 18 20M April -June 2012 J une-October 2012 Dem- 419 EnV December 2012 The discrete components of the monitoring of the reef created in this project occurred during the periods outlined in section VI above, with specific dates provided in Tables I & 3 below. Images for the fall 2011, summer 2012 (-one year), and fall 2012 monitoring periods were analyzed for mean percent oyster coverage and graphed in sub -site order from greatest to smallest percentages (Figure 4). Some images were unable to be collected due to inclement weather or poor tides. The fall 2011 and summer 2012 mean percent coverage data were natural log transformed to meet the assumptions of normality prior to running a one-way ANOVA and Tukey's multiple comparisons among all of the sub sites. Fall 2012 data did not need to be transformed prior to running statistical analysis. Statistical results for sub -site differences in reef footprints can be seen in Figure 4 by examination of the lettering associated with each site. Table 1. Monitoring dates for determinations of percent live oyster cover "footprints". Sub -site Lat. (ON) Long. (°W) Fall 2011 Spring 2012 Summer 2012 Fall 2012 Ashley River 32.8066 79.9728 1028'2011 01/24/2012* N/A 09/16/2012 Ashley River 32.7970 79.9758 10=28/2011 01/24/2012* 06/28/2012 09/16/2012 Ashley River 3 12.7871 79.9615 11/022011 02/07/2012* 05/16/2012 09/13/2012 Charleston Harbor 32.7676 79.9654 10,24 2011 01/25/2012* 05/0112012 10/1712012 Charleston Harbor 32.7520 79.9001 9/22/2011 01/27/2012* 04/30/2012 10/17/2012 Charleston Harbor 32.7425 798780 10/24/2011 01/24/2012* 05/01/2012 N/A Stono Riverl 32.7738 803415 NiA 01/25/2012 05/03/2012 10/17/2012 Stono Riverl 32.7708 90.0250 11/08/2011 01/25/2012 05'032012 09 14`2012 Stono River. 32.7588 90.0107 11/08/2011 01/25/2012 05,03 2012 09,'14'2012 New Cut1 32.7185 80.1655 11/10/2011 04/03/2012 06/27/2012 10/16/2012 New Cut 2 32.7169 80.1669 11/10/2011 04/03/2012 07/18/2012 10/16/2012 New Cut 3 32.7119 80.1717 11/10/2011 04/03'2012 07/18/2012 10/16/2012 Leadenwah Creek I 32.6386 80.2061 10,2612011 02/23/2012 06/29/2012 09/17'2012 Leadenwah Creek2 32.6358 90.2060 10/26/2011 02/23/2012 06/29/2012 09/17!2012 Leadenwah Creek 3 32.6293 90.2177 10/26/2011 02/23/2012 06/29/2012 09/17/2012 Dawho River 32.6340 80..3202 11/09-'2011 02/23/2012 05/02/2012 10/15/2012 Dawho River 32.6332 80.3215 N A 0223/2012 05/02/2012 10/15/2012 Dawho River3 329293 80.3006 11092011 02232012 05101i2012 N/A * Denotes that image analysis was not performed due to poor quality of images (traps submerged) In order to investigate differences in mean shell heights of live oysters among sub -sites. three experimental crab traps for each site were randomly selected using a random number generator for numbers I through 8 to be processed for shell height (mm) and density. Each crab trap was then divided into 4 quadrants numbered clockwise I through 4 and then one of these quadrants was randomly selected using a random number generator for processing. Mean shell heights for each sub site were graphed and placed in order from largest to smallest (Figure 5). A one-way ANOVA and Tukey comparison was also performed between the sub sites to see if shell heights were significantly different at each site. Similar statistical approaches were used to investigate sub -site differences in oyster densities (Figure 6). RECEIVED DEC 1 8 7n+e DCM-MHD C1rY Figure 4. Mean percent oyster cover (*footprint ") data firm the fall 2011 sampling (top), approximately one year after construction (middle). and final sampling period (bottom). Letters above each bar represent Tukey's multiple comparison results; sub sites that share a letter were not significantly different from one another. 140 1 A A A A A A A B A B C D D E E F G G 120 B B B B B B C B C D E E F F G `w C C C D C D E F F G G 100 D E D E F G G $ 80 aq m � 60 - 40 MIS T 20 F4 0 t1) tS t`1 t'L t-1 tti t") �1 'L tti tN t3 tti b t-" ee ee ze `ae `a2 `a¢, `aP b° ,az ye LJ (.° t,°o �e Lo `ae to �¢ Lt Lt Lt JP o 0 0� $at AP oo Lec3aaec3are Aa Y\�a° S,-oO,aa'roey�°c Pso�Oa�,�,�e��e psr�z ytio°eon Stioc yea yea eaa (ra Gra Cra 140 A A A A A A A A A A B B D C C E G F 120 8 8 B B B B B B C C E D D F G C C C C C C D D F E E G 100 D D D D D E G F F 8 80 G m. m 60 e qp 20 0 aaecaarace tao arae a oe8aeat �et o Qet yaPteaet vo, let �¢``oStAt�vo� �:oe °t Q.t�1P1tPt�N4 o A�oaPgo bPvpo`ocr°oP,�4 ehaQt\ P at�efi �a 1" ate 160 140 120 8 100 m 80 60 i 40 20 0 A A A A B B B _ C C B C D E E E F E G C D E F F F G F H D E F G G G H G I E F G H H H i H H H 1 I i d Pia¢ `i¢� `t P�4 Q4e -a \ea cif c�'r ,o° h`oeo 40 �el "oe� 2e ae a�r�° S`o�° �e P',�uZA 5`0� 7 RECEIVED DEC 18 7814 DeM-MHD CITY For Figure 4 above (top panel), mean percent cover could not be determined from the images for the Leadenwah Creek sub -sites 1, 2 & 3 from the fall 2011 sampling period, such that images from the February 2012 quarterly sampling period was used instead. Images from the Ashley River sub -site I for the one year post -deployment sampling period (middle panel) could also not be processed, such the final sampling period was used for this figure. Images from the Dawhoo River sub-site3 and Charleston I [arbor sub -site 3 were also unavailable for the final sampling period (bottom panel) and were not included in this figure. Table 2. Mean shell heights (SH in mm) and densities of live oysters (per m2) for each experiment reef approximately one year about the deployment of the concrete -coated crab traps as substrate. Sub -site Sample date Mean SH (mm) item oyster density (per in') Ashley River 1 09/15/2012* 24.27 347.67 Ashley River 06/28/2012 34.54 331.41 Ashley Rivera 05/16/2012 54,92 593.68 Charleston Harbor 1 05101/2012 43.96 521.21 Charleston Harbor 2 04/30/2012 42.68 614.32 Charleston Harbor 3 05/01/2012 42.21 112.70 Stono River 05/03/2012 43.95 373.90 Stono River 2 05/03/2012 30.18 347.73 Stono River 05r1,13 2012 19.93 153.45 New Cut 1 04,032012 27.60 244.34 New Cut 2 04/03/201 ^_ 21.61 389.49 New Cut 3 04/03.20I2 21.58 118.05 Leadenwah Creek 1 06/29/2012 45.50 1014.06 Leadenwah Creek2 06/29/2012 44.67 1294.14 Leadenwah Creek 3 06/29/2012 41.19 1100.30 Dawho River 05/02/2012 29.90 725.98 Dawho River 05/02/2012 41.62 638.02 Dawho River 3 05,102/2012 39.13 537.66 *The Ashley River sub -site I images for the approximately one-year post -deployment time period were unavailable to be used for image analysis (due to skewness), such that the data for the following quarterly sampling event are shown here. RECEIVED DEC 18 2914 "I4 "Hn CITY Figure 5 (below). Average shell height for each experimental reef site approximately one year post -deployment. Letters above each bar represent Tukey's multiple comparison results; sub sites that share a letter were not significantly different from one another. A B B B B 8 8 8 8 C D E E E F G B G C C C C C C C D E F F F G C 60 F 50 m 40 �MI x¢t ee ee rot rot t,¢t ee `,¢t P `4 `,¢� iP d Gt mat o fat fat o r Lt o �Q s\¢ c a c4% S�oc S�Oc $oc sto° ado a a3ro pS\¢ S�Ocpeel P aa¢ adz at�a ate¢ at�a O as O O N,¢ Figure b (below). Mean oyster density per m' for each experimental reef site approximately one year post -deployment. Letters above each bar represent 7'ukey's multiple comparison results; sub sites that share a letter were not significantly different from one another. 1600 1400 1200 1000 800 600 400 200 A A r B A A A A A 8 B B B B C C C C C T D D D D B C D B C D C C C C D D D D D D D D RECEIVED DEC 18 1014 DCM-MHD CITY 'L °i 1 'r 'L 'L 115 11) N ti 1 'L `4 `1- `4 t l t t t t t t L<t¢¢ Lt¢¢ Gt¢¢ Q,�o Q`�¢ atro 0t,¢ Nam,¢ afro �`o @�°¢ Q,\�¢ Q't,¢ a¢c3aa¢c�ar¢ �aOa�rQ rooaa`oc ps�Oa�rooay�o �¢y4oro-R VIP VhP a¢�`o�o �ea�o P � t t t 9 Qualitative images were also captured of these demonstration reef sites to document that these reef structures have been successful in recruiting high numbers of oysters and supporting high rates of oyster growth (see Figures 7 & 8 below). Figure 8 (right). Demonstration reef at Hutchinson Cut created on March 'h 2011 shown here on May 3'd 2012, 14 months after the deployment of the crab traps as substrate. Image appears courtesy of Lisa Vandiver. NOAA Restoration Center. Figure 7 (left). The demonstration retfshown below was established on April 28`h 2011 and is located in close proximity to the SCDNR Marine Resources Research Institute. The photograph shown here was taken on January 2 ih 2012, 9 months after the deployment of the crab traps as substrate. RECEIVED DEC 18 7w DCM•MHD C" Table 5. Comparison of target. reference and realized values for structural and functional parameters of the crab trap -based oyster reefs created during this project. Parameter Structural Target Reference Method Realized values - Functional value value summary Direct counts per unit area 50%of sub -sites exceeded Oyster density Functional 500 m'' 2,300 m" & photography for percent target value live cover after 1 year All except one sub -site Mean — Mean = 35 reached the mean target Oyster size Functionalof 20 rum mm Direct in situ value; all sub -sites (shell height) f lax = 65 Max = 100 measurements after 1 year the mean reference exceed the m Min mm value Four sub -sites reached the 80%of 100%of Photographic: presence ! p target value, three of Reef Structural deployed deployed e; integrity absence: integrity traps) which exceed the "footprints" area area amount of trap surface still fa reference value exposed after 1 year (Leadenwah Creek) Mean number of finfish Associated Fish sampling (drop nets) taxa collected around the finfish Functional Fish: 5 Fish: 25 around reefs (presence vs. crab trap reefs was greater (nekton) taxa taxa absence of nekton taxa) than the target value (>6 species spp.) VIII. Community Involvement This reporting period To date (cumulative) Projected for completed award No. of volunteers N/A 33 20 No. of volunteer hours N A 204 200 RECEIVED The community was actively involved in this project through their participation in the online survey, construction and deployment of crab traps, and their involvement in finfish sampl1w I S 1014 around the demonstration reefs. DeW-WHA RITV IX. Outreach and Education Volunteers were given hands on experience with habitat restoration and monitoring techniques and were educated on the importance of oyster reefs and the negative impacts of marine debris. On Feb 16'" 2012 Benjamin Stone gave a presentation at the SCAFS/SCFWA in Seabrook Island, SC. On May 18th 2012 Peter Kingsley -Smith gave a lecture to the College of Charleston Masters of Environmental Studies Conservation Biology class about oyster reefs in South 14 Table 4. Nekton (finfish, crustaceans, and molluscs) collected by drop net sampling around the demonstration reefs (reef = with crab trap reefs; control = equivalent, adjacent area without crab trap reef) at the Bears Bluff (BB) and Fort Johnson (FJ) sites. Data shown here are pooled from 8 sampling events completed during the summer and fall of 2012. Individual color -coding of species relates to the life history classification described by Breitburg (1999): reef residents (green); transients (yellow); facultative residents (orange). Other species that were found in the reef treatment but not in the control treatment in the present study are also highlighted in pink. REEF CONTROL. TAXB '. Latin name Cmn mmm name RR F.I RR FJ Finish Chaemdiprerwfab.�r Atlantic Ypadefish x x x _x �.__ .___-- Chdonlycrerus ¢'lmety! �tnped burl ish X Chlonuconrbru., h,,, Atlantic bumper X x X ("ynosnmr nebula.... Spotted seatrout x x X Q¢s)nns whim, I Atlantic stmcm} X x ErropuS.rossmuv Fringed flounder x .Anchoa hepseius Rmadstriped anchor% x x f undulus heherad,ms Lagodon rMorhoidet Mummichog Pinfish X x X MM x Lem.,Omus=,1humv Spot X x Anchoa ma,/,dh Ba, ' nchory x x x x Meatdia memdia At imic silverside X X X Mem,cirrhas wnertcanu, Southem kmgiish X X X Mugr/ cephalus Striped mullet X ,Mugll curema `.White mullet x Bairehella chnsaaa Silver perch X x X X Parerlichthvs dentams Stwxnar Rortddet x x Pwah,hthys tcthrc.I, u,.. I Scwthem noundcr X x Solota =iuki Banded nxklmiish X = 0erdtannlepes hr.piJm I I lanchead filefish x Svntphums plagiusa Black -cheek tonguotish x x S x S}nodusfoerrnr Inshore lirardfish X Trinectes maculalns Ilocchuktt X X Archosargw pmhameephalus Shcepshead x ,C""engev ocellalus Red drum x '. x LuUmus griam Grey snapper X Peprdw pare American harvestfish x Prirmoms tribulw Bighead seambin X Alphm hemroehw& Bigclaw snapping shrimp x Shrimp Palaemrmetes sp. Grass shrimp \ x x x limpermeus senferw white shrimp x x x x Farfamepeweus acrecw Brown shrimp X X X X Callimcies mpulw Atlantic blue emb x x x x Crabs (_allimcies .mmlh., Iesser blue crab X x x x Panopew herbsth Atlantic mud cmb X Molluscs Iolhgmu Ma br errs Atlantic bract squid x x x X RECEIVED 13 DEC 18 1014 Bew- MM® CITY Table 3. Sampling dates for the drop net sampling of the demonstration reefs. This method demonstrated the finfish habitat value of these oyster reefs created using crab traps as substrate. Site Latitude (ON) Longitude (ON% Sampling date Fort Johnson 37,7520 79.9001 06/19/2012 Fort Johnson 37.7520 79.9001 07131/2012 Fort Johnson 37.7520 79.9001 09"16/2012 Fort Johnson 37.7120 79.9001 10.118/2012 Bear's Bluff 32.6454 80.2564 07'03/2012 Bear's Bluff 32.6454 802S64 08i02/2012 Bear's Bluff 32,6454 802564 08'30/2012 Hutchinson Cut' 32.6454 80.1564 07/20/2012 A list of finfish and invertebrate species caught using this drop net sampling method is shown in 'fable 4 below that includes a number of recreationally -important species found to be utilizing this habitat, such as the spotted seatrout, Cvnoscion nebulosus. Specific success rates were established at the beginning of this project, many of which were reached and in some cases exceeded (see Table 5 below, pg. 14). Certain sub sites did not reach the target oyster densities or percent coverage for reef footprints, at least not for the top surface of the crab traps. In many cases, however, substantial numbers of oysters recruited to the interior surfaces of the crab traps; however these oysters were not captured by the current monitoring approach (see Figure 10 below). Consequently, it is important to note that some traps that represent that were scored as having low percent cover may necessary have provided valuable habitat for other organisms. The monitoring approaches for this project were non-destructive in order to maintain the integrity of the habitat, which is why image analysis techniques were used and focused on the more accessible exterior top surface of each trap. Oyster percent cover on the top surface of the independent experimental crab traps varied significantly among sub -sites RECEIVED within locations and among locations on the crab traps, which will be valuable information for guiding future reef -building efforts using both crab traps and other techniques. DEC 18 7014 F1P.la1-ftlIMH l°it?� Figure 10. The image below was taken at the Charleston Harbor 2 site November 2011. It can clearly be seen that the density of oysters is greater within the trap than on its surface. A method has yet to be developed to monitor these interior oysters without destroying the reef itself. 12 Finfish sampling to determine habitat value Demonstration Reefs — Monitoring of the demonstration reefs to assess finfish habitat use of this habitat began in June of 2012 using a drop net fish sampling technique developed by College of Charleston Marine Biology graduate student Ryan Joyce (see Kingsley -Smith et al., 2012). This technique involved the temporary installation of a net around the crab trap reef at low tide the day before sampling was to occur. The net is then dropped at high tide the day of sampling whereafter finfish and invertebrates are sampled using dip nets 2-3 hours prior to low tide with the help of volunteers until the tide has reached its maximum ebb (Figure 9). Finfish sampling of these demonstration reefs. augmented with crab traps supported by a State Wildlife grant in the Spring 2012, occurred between June 2012 and October 2012 (see Table 3 below for specific dates). [Kingsley -Smith, P.R., Joyce, R.E., Amon, S.A., Roumillat, RCA., McDonough, C.J. & Reichert, M.J.M. (2012). Habitat use of intertidal Eastern oyster (Crassostrea virginica) reefs by nekton in South Carolina estuaries. Journal ofShelllish Research 31(4):1009-1021.1 Figure 9. Finfish sampling the demonstration reef'at Bear's Bluff. This reef was created on May 2"d 2011 and an additional 23 revitalized traps were added to the reef on May I5'), 2012. The ftnTsh sampling event shown here occurred on .August 2"d 2012 x•ith the help gl'rnlunteers. RECEIVED DEC 18 7nt4 DCM-MHD CITY The demonstration reef at Hutchinson Cut was deemed to be unsuitable for this particular method of sampling due to the high degree of exposure and wave energy at this site, exacerbated by high levels of boat traffic, especially from large recreational vessels during the summer months, that adversely affected the ability to secure the net lead line to the sediment surface. As a result it was not re -sampled after 07/2012012. ARA. NCDENR North Carolina Department of Environment and Pat McCrory Governor March 10, 2015 Mr. Ted Wilgis NC Coastal Federation 309 W. Salisbury Street Wrightsville Beach, NC 28480 Subject: EXEMPTION Stormwater Project No. SW8150118 Stump Sound Oyster Habitat Restoration Onslow County Dear Mr. Wilgis: Natural Resources Donald van der Vaart Secretary The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project on January 14, 2015. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first, If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda.lewis@ncdenr.gov. Sincerely, For Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/arl: G:\WQ\Shared\Stormwate6Permits & Projects015 \150118 Exemption\2015 03 permit 150118 cc: Onslow County Planning Department Shaun Simpson/Jason Dail, WIRO DCM Jonathan Howell, DCM RECEIVED Wilmington Regional Office Stormwater File MAR 19 785 Vc-M ,�DCrro Division of Energy, Mineral, and Land Resources Land Quality Section —Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405• (910) 796-7215 / Fax: (910) 350-2004 DCM Coordinator: • C CGI.g Permit #: Agents: DCM Field Offices Elizabeth City Morehead City Washington Wilmington (with revised work plan drawings) US ACOE Offices: Washington: Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbly Cultural Resources: Renee Gledhill -Early Public Water Supply: Diane Williams (WIRO) y Joey White (WARD) ✓ Marine Fisheries: Shane Staples t� Jessi Baker NC DOT: Ken Pace Shellfish Sanitation: Patti Fowler State Property: Tim Walton Water Quality: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Scott Vinson-Stormwater Wilmington: Joanne Steenhuis — 401 Chad Coburn - 401 Linda Lewis - Stormwater Wildlife Resources: Maria Dunn (WARD) Vacant (WIRO) LPO: Fax Distribution: Permitee #: Agent #:_ A OEM North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary February 26, 2015 N.C. Coastal Federation 128 Grenville Street Manteo, N.C. 27954 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, x oP Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 k FAX 252-247-3330 k Internet: www.nccoastalmanagement.net An Equal Opportunity / Affirmative Action Employer R DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: NC Coastal Federation 2. LOCATION OF PROJECT SITE: Pamlico Sound, Shallowbag Bay, Broad Creek, anc Scarborough Creek Photo Index — 2006:Scarborough Creek 183-7192 (Q, 16); Shallowbag Bay 183-7192 (X,4); Broad Creek 183-7196 (Q,7); Thicket Lump 183-7197 (N,16) 2000: Scarborough Creek 183-2137 (D,6); Shallowbag Bay 183-2137 (E, 20); Broad Creek 183-2133 (P,18); Thicket Lump- no aerial found State Plane Coordinates — Scarborough Creek X: 2986818 Y: 802612; Shallowbag Bay X: 2990950 Y: 800742; Broad Creek X: 3001924 Y: 782225, Thicket Lump X: 3002274 Y: 775539 3. INVESTIGATION TYPE: D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 12/2/14 Was Applicant Present - no 5. PROCESSING PROCEDURE: Application Received Complete - 12/9/14 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP - yes (B) AEC(s) Involved: Estuarine Water/ Public Trust Area (C) Water Dependent: yes (D) Intended Use: private (E) Wastewater Treatment: Existing - none Planned -none RECEIVED (F) Type of Structures: Existing - none Planned - oyster reef DEC 181mb (G) Estimated Annual Rate of Erosion: n/a fspw" +� Source — n/a 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Estuarine Waters/Public Trust 7,500 sq ft Area (B) Total Area Disturbed: 7,500 sq ft (C) Primary Nursery Area: no (D) Water Classification: SA Open: Broad Creek -yes, Scarborough Creek, Shallowbag Bay, Pamlico Sound- no 8. PROJECT SUMMARY: The applicant proposes to construct 4 separate oyster reef structures in different locations around Roanoke Sound. The reef structures will be constructed of bagged oyster shell and marl and also of reclaimed crab pots covered in mortar. Field Investigation Report Page 2 Project Setting The proposed project is located in four different locations in or near the Pamlico Sound. The first site is located in the Pamlico Sound approximately 20 ft offshore from the Thicket Lump area in Wanchese, Dare County. The project site is adjacent to an undeveloped coastal wetland area vegetated primarily with Juncus Roemarianus. The adjacent land is owned by Metropolitan Designs Inc. The water depths in this area are approximately 24- 38". The water is closed to shellfish harvesting in this area. The second proposed site is in Broad Creek in the village of Wanchese, Dare County. The site is approximately 30 ft offshore adjacent to land owned by the State of North Carolina that is an undeveloped coastal wetland area vegetated primarily by Spartina Alterniflora. The water depths are approximately 28-40". The waters are classified as SA waters in this area. The third site is located in Scarborough Creek in Manteo, Dare County. The site is approximately 20 ft offshore adjacent to privately owned land that is also a coastal marsh vegetated primarily with juncus roemarianus. The water depths are 36-40" and are closed to shellfish harvesting. The last site is in Shallowbag Bay in Manteo, Dare County. The site is approximately 20 ft offshore adjacent to a coastal marsh area owned by the State of North Carolina. Water depths are 36-40" and the waters are closed to shellfish harvesting. No SAV's were observed in any of the project sites and the project sites all have sandy water bottom. Development Proposal The applicant proposes to construct artificial oyster reefs in the four proposed locations to restore and promote oyster growth. The reefs would be constructed of nylon mesh bags filled with approximately a bushel of oyster shells or marl and also with reclaimed crab pots that have had their vents closed and then covered in a ceramic tile mortar which provides the substrate for oyster larvae to settle on. The pots will measure 2x2x2 feet and will weigh approximately 50 pounds. The bags have a final dimension of 2'x6"x8" and weigh 35 pounds. The bags are stacked in a pyramid form to create the desired dimensions of the reef. The project proposes to construct an approximatly 200 x 10 ft reef at the Thicket Lump area. The structure would be approximately 20 ft offshore and constructed of two crab pot reefs measuring 10 x 40 ft and two shell bag reefs measuring 10 x 40 ft with 10 -20 ft between each reef section. The second site in Broad Creek would be similarly constructed, approximately 200 ft long and 10 ft wide and consist of two shell bag reefs and two crab pot reefs each measuring 10 x 40 ft. The third site in Scarborough Creek would be approximately 150 ft long consisting of two crab pot reefs measuring 10 x 40 ft and one RECEIVED oyster shell bag reef measing10 x 40 ft. The fourth site in Shallowbag Bay would be approximately 200 ft long with two crab pot and two oyster shell bag reef sections with AC 18 �"' same measurements. DCM-MHD CITY The applicant will secure the crab pot reefs with 3/8" rebar measuring 2 ft long with a hook at one end. The rebar will be driven into the ground to secure the pots. The pots will be placed beside one another in a checkerboard pattern and the pots will be attached to one another using zip ties or hog rings. The oyster shell bags will be stacked on top of each Field Investigation Report Page 3 other in a pyramid form to achieve the desired dimensions. The corners of the proposed reef structures will be marked with PVC poles and reflective tape and additional markers will be placed every 50 ft along the reef. The markers will extend a minimum of 3 ft above NWL. The applicant proposes to monitor the reefs for at least 3 years after construction on an annual basis and after any major storms to ensure that they are intact. The applicant will also be monitoring the success of the reefs looking for oyster colonization and growth. Anticipated Impacts The proposed development will result in the filling of 7,500 sq ft of Public Trust Area and Estuarine Water AECs Submitted by: Kelly Russell Date: Dec. 15, 2014 RECEIVED DEC 18 ?"A BP_R4-MHn CITY RECEIVED DEC ] S 701e DrM-MHD CIIV Govoni, Daniel From: Erin Fleckenstein <erinf@nccoast.org> Sent: Thursday, February 26, 2015 10:21 AM To: Govoni, Daniel Subject: Crab Pots to Oyster Reefs Permit Hi Daniel, After careful consideration and conversations among staff and with Shellfish Sanitation, the federation would like to remove one of the proposed reef sites listed in the CAMA Major Permit titled: A Novel Use for Abandoned Crab Pots: Upcycling Pots to Create Oyster Reefs in Pamlico Sound. The site we'd like to remove is the Scarborough Creek Site, internal to Shallowbag Bay. Thank you and please let me know if you have any questions about this. We look forward to receiving the final approved permit in the near future. Best, Erin Erin Fleckenstein Coastal Scientist and Regional Manager 128 Grenville Street Manteo, NC 27954 (252) 473-1607 office (252) 202-8101 cell Subscribe to Coastal Review Online Become a Facebook Fan Join us at www.nccoast.ora © Please consider the environment before printing this email. ■ Complete Items 1, 2, and 3. Also complete hem 4 If Restricted Delivery Is desired. ■ 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. 1. Article Addressed to: %rrd; l«di LA ❑ Agent B. R?cOilved btPdnted Name) D. Is delivery address different from Item 1❑ If YES, enter delivery address below: ❑ No 3. 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AM ' " ' (rm 7013 3020 0000 5538 1954 Ps Form 3811, July2013 Domestic Return Receipt RECEIVED DEC 18 1014 EoprowHH eITV MAJOR PERMIT FEE MATRIX Applicant: NC Coastal Federation; Abandoned Crab Pots to Oyster Reefs Development Type Fee DCM % DWQ (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) . Private, non-commercial development that does not $250 100% ($250) 0% ($0) nvolve the filling or excavation of any wetlands or open water areas: 01- ]III. I. Public or commercial development that does not; $400 100% ($400) 0% ($0) nvolve the filling or excavation of any wetlands or open water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit For development thatnvolves 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: Ill(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 applied: III(C). If General Water ❑ Quality Certification No. $400 60% ($240) 40% ($160) ' ivEO 3490 (see attached) could be applied, but DCM staff DEC 18 291 determined that additional review and written DWQ 0Cn-MHD Ci concurrence is needed because of concerns related to water quality or aquatic life: III D . If General Water Quality Certification No. $400 60% ($240) 44($,90, 3490 see attached cannot be applied: IV. For development that mwmmm� involves the filling and/or $475 60% ($285) 4 excavation of more than one acre of wetlands and/or open water areas: NC COASTAL FEDERATION CHECK #17045 RECEIVED 11i1�/14 DIVISION OF COASTAL MANAGEMENT 1367 US Hwy 17 South Elizabeth City, NC 27909 252-264-3901 #17045 dated 03/13/2014 Major Permit Application Fee for Project: A Novel Use for Abandoned Crab Pots--Upcycling Pots to Create Oyster Reefs in Pamlico Sound, Dare County AMOUNT: $ 400.001 Payment received by Yvonne Carver Payment received from NC Coastal Federation, Inc. Date payment received 11/25/2014 RECEIVED DEC 18 2014 DCKA-MIND C" "'This is a word processing form to be completed in Microsoft Word"' ti NC Division of Coastal Management Major Permit Application Computer Sheet (02115/2010) � j �, Q 1 s to Date: 12/152014 Applicant: Project Site County CLtF Staff: If L&S52I I District: lizabeth City Washington Morehead City ❑Wilmington Project Name: PAb Rover File: Date application "received as complete' in the Field office (EX: 1/82007): IQ j Q j j y- SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes EVJo Photos Taken: Yes No❑ Setback Require (riparian): Yes o Critical Habitat: OYes No Not Sure 15 foot waiver obtained: Yes o Hazard Notification Returned: ❑Yes Wo SAV: Yes o Not Sure Shell Bottom: s o YeNot Sure Temporary Impacts: ❑Yes o Sandbags: LjYes FNo Not Sure Did the land us classification come from county LUP: es ❑No Mitigation Required (optional): Oyes 900 Moratorium Conditions ❑Yes Po ❑NA Environm ntal Assessment Done: OyesVNo ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FINS) Nutrient Sensitive Waters (NSW) El Swamp Waters (SW) ❑ High Quality Waters (HQW) Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) (SS) Glasswort ( Salioomia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) [I (SA) Salt marsh cordgrass (Spartina (SY) Satt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus (TY) Cattail (fypha sp.)RECEIVED spicata) sp.) (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemerianus) patens) DCM-MHD IT" APPLICATION FEE No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 III(B) Public or commercial wl D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ll. Public or commercial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808.2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net revised: 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Date: 12/1W014 I 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 New Work EF Replace I �+J Maint ❑ ❑ Y New Work Lj Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New WoiW= Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New WoFK= Replace Maint ❑ ❑ Y ❑ N New Work Lj Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Wofi= Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N R New Work Replace Maint ❑ ❑ Y ❑ N DEC 1 A 7m New Work 0 Replace Maint ❑ ❑ Y ❑ NM'MHH C revised 02/1 5/10 INC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: + Date:12/152014 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. FL (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 SW664mmdge ❑ Fill Both ❑ Other ❑ 1 u 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 ❑ RECEIVED nFr 18 2014 DCM-MHD CITY 252-808.2808 :: 1.888.4RCOAST :: www_nccoastalmaaagement.net revised: 02/15N0 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: NC Coastal Federation County: Dare LOCATION OF PROJECT: offshore in the Pamlico Sound near Thicket Lump, Wanchese; in Broad Creek near the Village of Wanchese; in Scarborough Creek, Manteo; and in Shallowbag Bay in Manteo DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 12/09/14 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Kelly Russell DISTRICT OFFICE: Elizabeto City DISTRICT MANAGER REVIEW: Date:/2 /.1- / B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 400 (100%) PUBLIC NOTICE REC'D: Advertise: 12/18/14 END OF NOTICE DATE: Comments due: 01/07/15 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: 7D� ON: C) 75 DAY DEADLINE: 02/22/15 MAIL OUT DATE: Circulation: I E// y FEDERAL DUE DATE: 150 DAY DEADLINE: STATE DUE DATE: Comments due: 0/45 //S FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative (—1 Z Coastal Management - LUP Consistency Division of Community Assistance 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 —7L Local Permit Office Division of Marine Fisheries Corps of Engineers t� uti DCa+-MHr: f , RECEIVED DEC 18 7n'" DCM-MHD CITY XFWA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor January 29, 2015 MEMORANDOM TO: Daniel Govoni, NC DENR Assistant Major Permits Coordinator Division of Coastal Management From: Shannon Jenkins, Environmental Program Supervisor Shellfish Sanitation and Recreational Water Quality Through: Patti Fowler, Section Chief Shellfish Sanitation and Recreational Water Quality SUBJECT: CAMA / Dredge & Fill Permit Application Review Applicant: NC Coastal Federation Donald R. van der Vaart Secretary Proposed Project: Install 4 separate oyster reef structures, constructed of bagged oyster shell, marl and reclaimed crab pots covered in mortar The proposed project includes the construction of four separate oyster reef structures. While it is acknowledged that oyster reefs have potential beneficial impacts (habitat, water quality, etc), three of the reefs would be located in waters classified as Prohibited and closed to the harvest of shellfish due to water quality that can cause illness if consumed. The location of the three "closed" oyster reefs are a public health concern as they would be accessible under certain conditions W11116 jal harvesting, either purposefully by poachers or by tourists, etc. who may be unaware of the areas being closed and the health risks they may pose. These locations may also result in additional patrols by DMF Marine Patrol for enforcement purposes. The Scarborough Creek location creates a special concern in that it is located relatively near to the Manteo Wastewater Treatment Plant outfall, especially since this plant has historically had performance issues. After talking with the applicant, they have agreed to not use this location. It is requested that this location be deleted when the permit is issued. It is also requested that as a condition of the permit, the other two "closed" oyster reefs (outer Shallowbag Bay, Thicket Lump) be # quired to post signs indicating these as research projects and that the area is closed to shellfish harvest. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-8600 1 Internet: www.ncdenr.gov An Equal Oppodunity 1 Affirmative Action Employer - Made in part by recycled paper ��� CCDEE R North Carolina Department of Environment and Natural Resources Pat McCrory RECEIVED Governor DEC 18 2014 December 15, 2014 [)CM -Fisheries WARO 101 OIT/ 0);L•\`►11111uT1 TO: Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO FROM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Coastal Federation John E. Skvada, III Secretary Project Location: offshore in the Pamlico Sound near Thicket Lump, Wanchese; in Broad Creek near the Village of Wanchese; in Scarborough Creek, Manteo; and in Shallowbag Bay in Manteo, Dare County Proposed Project: install 4 separate oyster reef structures, constructed of bagged oyster shell, marl & reclaimed crab pots covered in mortar. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 01/05/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell 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. 7X 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 4W/ DATE I Z f 1367 US 17 South, Elizabeth Clty, NC 27909 Phone: 252-264-39011 FAX: 252-264.3723 ; Internet: www.ncDoastaimanagement.net An Equal opportunity 1 Aflirmative Action Employer February 18, 2015 Regulatory Division Action ID No. SAW-2015-00139 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 The NC Coastal Federation c/o Erin Fleckenstein to construct 4 separate oyster reefs structures, constructed of bagged oyster shell, marl and reclaimed crab pots covered in mortar in Thicket Lump, Broad Creek, Scarborough Creek, and Shallowbay Bay, in the Roanoke Sound, Dare 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 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 15, 2014 MEMORANDUM TO: Richard Peed, Erosion & Sedimentation Control Division of Energy, Minerals & Land Resources, WaRO FROM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Coastal Federation John E. Skvada, III Secretary Project Location: offshore in the Pamlico Sound near Thicket Lump, Wanchese; in Broad Creek near the Village of Wanchese; in Scarborough Creek, Manteo; and in Shallowbag Bay in Manteo, Dare County Proposed Project: install 4 separate oyster reef structures, constructed of bagged oyster shell, marl & reclaimed crab pots covered in mortar. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 01/05/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. nrr9VED REPLY: This agency has no objection to the project as proposed. FEB 0 4 2015 r+py,l_pnRc1 F.RW 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 d`fDATE 47,4LI. 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer NCDENR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Governor MEMORANDUM Natural Resources TO: Daniel Govoni, Assistant Major Permits Coordinator THROUGH: Frank A. Jennings, III, District Manager FROM: Kelly Russell, Field Representative DATE: January 9, 2015 SUBJECT: NC Coastal Federation Major Permit Recommendations Donald R. van der Vaart Secretary The applicant proposes to construct 4 separate oyster reef structures in different locations around Roanoke Sound. The sites of the proposed development are within the Pamlico Sound, Shallowbag Bay, Broad Creek, and Scarborough Creek, in Dare County. The development proposal involves the Public Trust Area (PTA), Estuarine Waters (EW) Areas of Environmental Concern (AEC). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 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. RECEIVED JAN 11 201; DC.M-WD CITY NC Coastal Federation Major Permit Recommendations Jan. 9, 2015 Page 2 Consistent: The applicant proposes to construct oyster reefs that will enhance the biological and economic value of the waterbodies. 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. Consistent: The development proposal is consistent with the intent of this rule. RECEIVFp 1AN 1;§ 15A NCAC 07H .0208 USE STANDARDS (a) General Use Standards (1) Uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and parking lots are examples of uses that are not water dependent. Uses that are water dependent include: utility crossings, wind energy facilities, docks, wharves, boat ramps, dredging, bridges and bridge approaches, revetments, bulkheads, culverts, groins, navigational aids, mooring pilings, navigational channels, access channels and drainage ditches; (2) Before being granted a permit, the CRC or local permitting authority shall find that the applicant has complied with the following standards: (A) 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 (Rule .0203 of this subchapter) 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; (B) Development shall comply with state and federal water and air quality (C) Development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural resources; (D) Development shall not increase siltation; (E) Development shall not create stagnant water bodies; (F) Development shall be timed to avoid significant adverse impacts on life cycles of estuarine NC Coastal Federation Major Permit Recommendations Jan. 9, 2015 Page 3 and ocean resources; and (G) Development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The proposed development is proposed in areas with water depths no deeper than 3 ft and has been designed and sited in areas to minimize any impacts to navigation. The structures will be visibly marked with PVC poles and reflective tape and will extend a minimum of 3 ft above normal water level. 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 NC Coastal Federation with the standard permit conditions associated with oyster reef structures. RECEIVED JAN 12 P°'� B6M-MHD CM 01/12/2015 08:51 2523314739 NCDOT PAGE 02/02 ,w `I A %NWENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 15, 2014 MEMOR.A.NDUM TO: Ftzlfadl SUBJECT: Applicant: Ken Pace, PE; Environmental Operations & Rest Area Department of Transportation. Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review NC Coastal Federation John E. Skvada, III Secretary oECEIVEO iAN 0 6 �";a DISTRICT OFFICE Project Location: offshore in the Pamlico Sound near Thicket lump, Wanchese; in Broad Creek near the Village of Wanchese; in Scarborough Creek, Manteo; and in Shallowbag Bay in Manteo, Dare County Proposed Project: install 4 separate oyster reef structures, constructed of bagged oyster shell, marl & reclaimed crab pots covered in mortar. Please indicate below your agency's position or viewpoint on. the proposed project and return this form. by 01/05/15 to 400 Commerce Avenue Morehead City, NC 28557 (fax: 252-247-33301. If you have any questions regarding the proposed project, please contact Kelly Russcll at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: >4—M.s 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. DATE _/ � o iS 17 South, Elizabeth C'dy, NC 2790 Phone; 252.264-39011 FAX; 252.264-3723 ; Internet: www,nccoastalmanagement,net An Equal Opportunity 1 Affirmative Aollon Employer ��� r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Govemor December 15, 2014 Mel FROM: SUBJECT: Applicant: Tim Walton, Manager State Property Office Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management John E. Skvarla, III Secretary RECEIVED DEC 17 2014 DOA STATE PROPERTY OFFICE CAMA/DREDGE & FILL Permit Application Review NC Coastal Federation Project Location: offshore in the Pamlico Sound near Thicket Lump, Wanchese; in Broad Creek near the Village of Wanchese; in Scarborough Creek, Manteo; and in Shallowbag Bay in Manteo, Dare County Proposed Project: install 4 separate oyster reef structures, constructed of bagged oyster shell, marl & reclaimed crab pots covered in mortar. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 01/05/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. RECEIVED REPLY: Thl*s office has no objection to the project as proposed. C 4A / JAN 0 8 2015 � k �a V This office has no comment on the proposed project. (� OAW �u -3`r This office approves of the project only if the recommended changes are M �L„kj�� incorporated. See attached. Iq c This office objects to the project for reasons described in the attached comments. SIGNED W DATE 1367 US 1 So ,Elizabeth City, NC 27909 Ph ne: 25 r�4 39011 FAX: 2 -2 723 ; Internet: www,necoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer RECENED 1AN U 9 DCM-MHD CIlY NIVAJ Ar NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Governor December 23, 2014 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 and Fill Permit Application Review Applicant: NC Coastal Federation John E. Skvarla, III Secretary Project Location: Offshore in the Pamlico Sound near Thicket Lump, Wanchese; in Broad Creek near the Village of Wanchese; in Scarborough Creek, Manteo; and in Shallowbag Bay in Manteo, Dare County Proposed Project: Install 4 separate oyster reef structures, constructed of bagged oyster shell, marl & reclaimed crab pots covered in mortar. 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 i Public Water Supply Section Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX: 252-94HO401Internet: www.ncwater.org/pws/ An Equal Opportunity 1 Affirmative Action Employer RECEIVED DEC 30 2M DCM,M149 CRY DATE i2�3 A 0/y e�� r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor e I y 121 03 December 15, 2014 SI1Z(11t74 a110M TO: Maria Tripp Dunn NC Wildlife Resources Commission FROM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Coastal Federation John E. Skvada, III Secretary Project Location: offshore in the Pamlico Sound near Thicket Lump, Wanchese; in Broad Creek near the Village of Wanchese; in Scarborough Creek, Manteo; and in Shallowbag Bay in Manteo, Dare County Proposed Project: install 4 separate oyster reef structures, constructed of bagged oyster shell, marl & reclaimed crab pots covered in mortar. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 01/05/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell 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 ECEIVED comments. JAN 0 2 2015 SIGNED DATE !Z-2Z- 2a.) DCM-MHD CITY 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer A��r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 15, 2014 MEMORANDUM TO: I,' IVA SUBJECT: Applicant: Project Location: Proposed Project: John E. Skvarla, III Secretary Lee Padrick Division of Community Assistance Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review NC Coastal Federation offshore in the Pamlico Sound near Thicket Lump, Wanchese; in Broad Creek near the Village of Wanchese; in Scarborough Creek, Manteo; and in Shallowbag Bay in Manteo, Dare County install 4 separate oyster reef structures, constructed of bagged oyster shell, marl & reclaimed crab pots covered in mortar. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 01/05/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell 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. 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 RECEIVED 1367 US 17 South, Elizabeth City, INC 27909 DEC 2 2.2014 Phone: 252-2W9011 FAX: 252-264-3723; Internet: www.nccoastalmanagement.net DCM-MHD CITY An Equal Opportunity 1 Affirmative Action Employer LWWO NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 15, 2014 if CI] FROM: Applicant: Charlan Owens, District Planner Division of Coastal Management Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review NC Coastal Federation John E. Skvarla, III Secretary Project Location: offshore in the Pamlico Sound near Thicket Lump, Wanchese; in Broad Creek near the Village of Wanchese; in Scarborough Creek, Manteo; and in Shallowbag Bay in Manteo, Dare County Proposed Project: install 4 separate oyster reef structures, constructed of bagged oyster shell, marl & reclaimed crab pots covered in mortar. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 01/05/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell 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 the pr 'ect for reasons described in the attached comments. XSC�—e► +► RECEIVED SIGN DATE la, IC-4 IIEC 2 2 2014 1367 US 17 South, Elizabeth City, NC 27909 DCM-MHD Cnv Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer AVA-b REDEEM North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM TO: Daniel Govoni, DCM Assistant Major Permits Coordinator Division of CoXI Management FROM: Charlan OwenCP, District Planner Division of Coastal Management John E. Skvarla, III Secretary SUBJECT: Major Permit Request by the NC Coastal Federation to install four (4) crab pot and oyster shell bag reef systems to include: a 200 foot by 10 foot reef system consisting of two (2) 10 foot by 40 foot crab pot reefs and two (2) 10 foot by 40 foot oyster shell bag reefs in the Pamlico Sound, Broad Creek and Shallowbag Bay and a 150 foot by 10 foot reef system consisting of two (2) 10 foot by 40 foot crab pot reefs and a 10 foot by 40 foot oyster shell bag reef in Scarborough Creek; on the east side of Roanoke Island, 20 to 30 feet offshore, in Dare County. DATE: December 16, 2014 Consistency Determination: The request is consistent with/not in conflict with the Dare County 2009 Land Use Plan certified by the CRC on February 24, 2011. Overview: The project area consists of four (4) sites located on the east side of Roanoke Island. The Pamlico Sound site is 20 feet offshore from the Thicket Lump area in Wanchese with water depths of approximately 24 to 38 inches. The Broad Creek site is 30 feet offshore with water depths of approximately 28 to 40 inches. The Scarborough Creek site is 20 feet offshore with water depths of approximately 36 to 40 inches. The Shallowbag Bay site is 20 feet offshore with water depths of approximately 36 to 40 inches. Each site has a sandy water bottom and is adjacent to undeveloped coastal wetland/marsh. The Broad Creek site is open to shellfish harvesting; the remainder are closed. No Submerged Aquatic Vegetation (SAV) were observed at the project sites. Installation of four (4) crab pot and oyster shell reef systems to include: a 200 foot by 10 foot reef system consisting of two (2) 10 foot by 40 foot crab pot reefs and two (2) 10 foot by 40 foot oyster shell bag reefs spaced 10-20 feet apart to be located in the Pamlico Sound, Broad Creek and Shallowbag Bay; and a 150 foot by 10 foot reef system consisting of two (2) 10 foot by 40 foot crab pat reefs and a 10 foot by 40 foot oyster shell bag reef spaced 10-20 feet apart in Scarborough Creek are proposed. Reef sections within each reef system will be placed 10 to 20 feet apart. RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 DEC. 2 2 1014 Phone: 252-264-39011 FAX: 252-264-3723 . Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Afirmatve Acton Employer- Made in pad by recycled paper DCM-M HD CITY North Carolina Department of Environment and Natural Resources Division of Coastal Management MEMORANDUM Page 2 of 4 Reefs will be constructed of reclaimed crab pots covered in ceramic tile mortar and nylon mesh bags filled with oyster shells or marl. Reclaimed crab pots are 2 foot cubes that weigh approximately 50 pounds. The pots will be secured to the bottom with a 2 foot length of 3/8 inch rebar. Pots will be placed in a "checkerboard" pattern and attached to each other with zip ties or hog rings. Oyster shell bags are 2 foot by 6 inches by 8 inches and weigh 35 pounds. The bags will be stacked on top of each other in a "pyramid" form to create the reef dimensions. Reef corners will be marked with PVC poles and reflective tape. Additional markers will be placed every 50 feet along the reef. All markers will extend a minimum of 3 feet above Normal Water Level (NWL). Reefs will be monitored for at least 3 years after construction on an annual basis and after major storm events to ensure they are intact. A review of potential historic/archaeological resources was not provided. Reef sites are located outside of navigational channels and will not conflict with known fishing activities or other recreational users. Anticipated impacts resulting from this project are expected to include: the filling of 7,500 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC). The artificial reefs are meant to restore and promote oyster growth. Oyster reefs provide critical habitat for fish species and oysters improve water quality by filtering out sediment and nutrients. Basis for Determination: The Dare County Land Classification Map identifies all CAMA Areas of Environmental Concern (AECs) "Conservation" as indicated on Page 217. As indicated on Page 217 for the "Conservation" designation, "...development should be limited to residential development and traditional accessory uses permitted in the CAMA AECs such as but not limited to piers, docks, and crab -shedders." A glossary of key words is provided on Page 140. Defined terms include: 2. advocate: to promote or encourage 8. may: provides the option, but not required; permissive 17. shall: mandatory, not optional; a more formal term for "will' 18. should: preferred or recommended but not mandatory in all cases 20. support: to foster; may imply financial support RECEIVED DEC 2 2 204 DCM-MHD,QTY 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-26439011 FAX: 252-264-3723 ; Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer- Male in part by recycled paper North Caroling Department of Environment and Natural Resources Division of Coastal Management MEMORANDUM Page 3 of 4 The following LUP policies may be applicable to this request: Public Access: Policy PA #1, Page 142. "Dare County supports the preservation and protection of the public's right to access and use of the public trust areas and waters." Land Use Compatibility: Archaeological/Historic Resources Policy LUC #15, Page 159. "The Dare County Board of Commissioners supports the protection of structures, lands, and artifacts that have been identified by the NC Department of Cultural Resources, Division of Archives and History, as archaeologically or historically significant. On a case -by -case basis individual protection/management strategies should be implemented to ensure archaeological and/or historical resources are not destroyed." Natural Hazards: Estuarine Systems Policy NH #2, Page 180. "Estuarine shoreline development should continue to be managed to protect and preserve the natural resources of the estuarine waters and the estuarine shoreline. The appropriate tools for this are the existing CAMA permit program and the Areas of Environmental Concerns (AECs) designated under the CAMA program..." Implementation Strategy, Page 180. 1. Rely on existing CAMA AEC regulations to address development activities along the ocean beaches, estuarine shoreline, and other public trust areas in unincorporated Dare County..." 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nocoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer- Made in part by recycled paper RECEIVED DEC 2 2.2014 DCM-MHD CITY North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 4 of 4 Water Quality: Stormwater Policy WQ #4, Page 190. "Efforts to preserve, protect and improve water quality should be managed at the local level. Local level management allows for a regulatory approach designed to specifically address unique local needs and conditions. Existing State stormwater rules should serve as the basis for local programs with adjustments made to address local needs, conditions, and community support" Policy WQ #5, Page 190. "Efforts to manage stormwater runoff should be based on local conditions and natural features..." Fisheries Resources Policy WQ #11, Page 193. "Dare County recognizes the importance of our surrounding waters that serve as habitats for the area's abundant fisheries resources. The continued productivity of Dare County's fisheries shall be fostered through restoration and protection of the unique ecosystems upon which they depend..." RECEIVED DEC 2 2.2014 DCM-MHD CITY 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastaimanagement.net An Equal Opportuniy 1 Affirmalhe Acton Employer - Made in part by recycled paper NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary December 15, 2014 Ms. Erin Fleckenstein NC Coastal Federation 128 Grenville Street Manteo, NC 27954 Dear Ms. Fleckenstein: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for the project proposed in the public trust waters of the Pamlico Sound, Shallowbag Bay, Broad Creek and Scarborough Creek. It was received complete on December 9, 2014, and appears to be adequate for processing at this time. The projected deadline for making a decision is February 22, 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 December 9, 2014, 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. RECF' DFF ocr; 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: httc:l/portal.ncdenr orolweb/cm/dcm-home An Equal Opportunity 1 Affirmative Action Employer Ms. Erin Fleckenstein NC Coastal Federation December 15, 2014 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 Kelly Russell, Field Representative, if you have any questions and/or if you wish to receive a copy of her field report. Sincerely, Frank JEfnnings District Manager, Northeastern District NC Division of Coastal Management FJ/yc Enclosure cc: Daniel Govoni, Assistant Major Permits Coordinator, DCM, Morehead City, NC Kelly Russell, Field Representative, DCM, Elizabeth City, NC RECEIVED DEC 18 7n" PlItO NAup 171ry E AMA PERMIT APPLIED FOR PROJECT: construct artificial oyster reef structures made of bagged oyster shell, marl & reclaimed crab pots & place offshore. COMMENTS ACCEPTED THROUGH 01107115 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Erin Fleckenstein & Todd Miller �1 Kelly Russell NC Coastal Federation Division of Coastal Management 128 Grenville Street 1367 US Hwy 17 South Manteo, NC 27954 Elizabeth City, NC 27909 252-473-1607 252-264-3901, Ext. 233 F RECEIVED DEC 18 2m DCMGMMPPY lofty' w NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 leoals@thecoastlandtimes.net FROM: Yvonne Carver, Administrative Assistant Division of Coastal Management DATE: 12/15/14 SUBJECT: Public Notice: NC Coastal Federation John E. Skvarla, III Secretary Please publish the attached Notice in the Thursday, 12/18/14 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 RECEwr DEr 1 1367 US 17 South, Elizabeth City, NC 27909 DCIV Phone: 252-264-3901 \ FAX: 252-264-3723', Internet: www.nccoastalmanagement.net 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 12/09/14. The NC Coastal Federation proposes to install 4 separate oyster reef structures... constructed of bagged oyster shell, marl & reclaimed crab pots ... to be located offshore in the Pamlico Sound near Thicket Lump, Wanchese; in Broad Creek near the Village of Wanchese; in Scarborough Creek, Manteo; and in Shallowbag Bay in Manteo, Dare 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 01/07/15, 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: Thursday, 12/18/14 RECEIVED DEC 18 2014 F*F!Nm-"WF) I-Mv