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HomeMy WebLinkAbout41-15 NC Coastal Federation_Permit Class Permit Number . NEW STATE OF NORTH CARO]LINA 41-15 Department of Environment and Natural Resources and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to NC Coastal Federation 309 W. Salisbury Street Wrightsville Beach, NC 28480 Authorizing development in Onslow County at Suicers Bay and Kings Creek, Holler_ Midge , as requested in the permittee's application dated 12/23/14 includingthe he attached workplan drawings 7 1-4 and 6-7 of 7 dated 12/23/14 and 5 of 7 dated 12/24/14 This permit, issued on Mnreh 1 ., 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 ..., ....i...w...uvu. �. w v as u.nwu, Vl lll¢y GaUbV LIM perlulL to ue unit ano voia. Oyster Reefs 1) Unless specifically altered herein, this permit authorizes the 36 oyster low profile oysters reefs and other uses located in or over the water that are expressly and specifically set forth in the permit application. No other development activity shall become a permanent part of this project without permit modification. 2) The authorized oyster reefs shall adhere to the alignment and dimensions depicted on the attached workplan drawings. (See attached sheet for Additional Conditions) finis permit action may tie appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission Braxidn C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee NC Coastal Federation Permit #41-15 Page 2 of 2 ADDIITIONAL CONDITIONS 3) The oyster reefs shall be sufficiently marked to ensure the reefs do not result in a hazard to navigation. 4) The oyster clutch shall be free from loose dirt or any pollutant. 5) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters adjacent to the authorized development. 6) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third parry. General 7) 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 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. 8) 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. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The permittee is encouraged to implement measures to ensure shellfish is not harvested from the project area during times of closure. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 04-159lv2. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2010-01026 which was issued on 7/29/10. NOTE: An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. = EF1 APPLICATION for Major Development Permit (last revised 12,12T,06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) N.C. Coastal Federation Stump Sound Oyster Reef Habitat Restoration Project Applicant 1: First Name MI Last Name Ted Wilgis Applicant 2: First Name MI Last Name N/A N/A N/A If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 309 W. Salisbury St n/a Wrightsville Beach NC ZIP Country Phone No. FAX No. 28480 USA 910-509-2838 ext.202 910-509-2840 Street Address (if different from above) City State ZIP same as above - Email tedw@nccoast.org 2. Agent/Con"ctor Information Business Name N/A Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (d different from above) City State ZIP Email <Form continues on back> RECEIVED DCM WILMINGTON, NC 252-808-2808 :: 1-888.4RCOAST :: www. nccoastalmanag ement. net lye[ Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location Street Address County (can be multiple) State Rd. # N/A -nearest roads are Everett Park Trail in the Summer N/A Onslow House Development and Tar Landing Rd. Subdivision Name city State Zip n/a Holly Ridge NC 28445 - Phone No. Lot No. (a) (d many, attach additional page with list) n/a - ext. n/a n/a, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak River Spicers Bay & Kings Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Stump Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed []Yes SNo work falls within. n/a 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.fl.) n/a 1.003 acre (43,680 square feet) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or n/a, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) n/a ❑NHW or ❑NWL e. Vegetation on trait The project area is comprised of shallow subtidal flats in Spicers Bay. There is no vegetation on the tract. f. Man-made features and uses now on tract There are no man-made features on the site. Uses include boating and fishing. RECEIVED JAN 16 7015 g. Identify and describe the existing land uses adiacent to the proposed project site. pppw 0.- Prr* The adjacent land is within the Summer House development and unicorporated Onslow County h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? n/a (Attach zoning compliance certificate, if applicable) ❑Yes ❑No SNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes SNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes []No SNA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ❑No SNA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON, NC 1 ' I 252-808-2808 .. 1-888.4RCOAS 1 www.necoae.taltnanagcrnent.net Fomi DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (1) or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. n/a o. Describe existing drinking water supply source. n/a p. Describe existing stone water management or treatment systems. n/a 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial OPublic/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The North Carolina Coastal Federation is proposing to create and restore 14,400 square feet of shallow subtidal Eastern Oyster (Crassostrea virginica) patch reef habitat in a 1.003 acre (43,680 square feet) project area in Onslow County in Stump Sound adjacent to Spicer Bay. The proposed project will use a maximum of 2,040 bushels of oyster shell and 120 bushels of marine limestone marl to create a series (36) of low profile patch oyster reefs in the 1.003 acre project area. The proposed project provides an opportunity to protect, restore and create additional oyster habitat in the Stump Sound area. Oyster habitat is under increasing pressure from harvest and water quality declines. The goals of the project are to provide substrate for the attachment of oyster larvae and oyster reef development for valuable habitat for finfish, shellfish and waterfowl. Once constructed, NCCF will apply to the N.C. Division of Marine Fisheries to have the project area designated as a Shellfish Research Sanctuary (closed to shellfish harvesting) to allow for the continued monitoring and management of ther015WD Since the project is located in closed shellfish waters the project does not represent a loss of harvest area. The project area will be open to the public for fishing and monitoring. JAN 16 2015 DCM-MHO CITY c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. (See Workplan Drawings and Project Narrative). The reefs will be placed within the proposed 1-acre project area in a manner that is appropriate for oyster larval recruitment and settlement; reef development; and nekton and epifauana utilization. Existing natural reefs near the project site will be used as reference reefs for the project design and monitoring. NCCF will mark the project site and reef locations with PVC poles according to the designated project design prior to reef construction. The oyster reef material will be purchased from oyster shucking houses and quarries (marl) and transported by truck to a stockpile area in NCCF's Morris Landing Clean Water Preserve near the project site. The upland stockpile area is shared with the NCDMF and has access to the water via a concrete barge loading pier. The project contractor will load the reef material from the pier onto shallow draft barges and/or floating platforms. The barges/platforms will travel to the project site during high fide conditions, so that the reef material can be deployed into the project area at high water. This will also avoid any substrate disturbance from the contractor's vessels and loading platforms. Once the reef material is deployed, the barges will return to the loading pier at Morris Landing. NCCF staff will be on site to supervise the deployment of the reef material into the project area. The contractor will most likely deploy the shell off the barge/platform using high pressure water hoses and hand shovels. The reef material will be deployed into the reef footprints as permitted and outlined by the PVC poles placed earlier. All natur91 E reefs and wetlands will be posted so the contractor can avoid those areas as he works in the project area. N )N, NC 252-808-2808 .. 1-888.4RCOAST .. www.nccoastalmanagement.net oFC 2 9 Z014 Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit monitoring the reef construction activities and will check the placement of the shell at low tide to ensure that it meets the project design specifications. Depending on the tides the contractor may deploy - 200 - 400 bushels of reef material a day. Reef construction is anticipated to occur between March and April while oyster larvae are present. Upon the satisfactory completion of the reef material deployment NCCF will place signage on the project area posts and work with NCDMF to have the site proclamated as a shellfish research sanctuary. The site will remain in the public trust, and all activities except shellfish harvesting will be allowed in the project area. d. List all development activities you propose. (See Workplan Drawings and Project Narrative). The proposed project will: • use a maximum of 2,040 bushels of oyster shell, and • 120 bushels of marine limestone marl • to create a series (36) of low profile patch Eastern Oyster (Crassostrea virginica) reefs • covering a maximum of 14,400 square feet • in the 1.003 acre project area. Oyster reef construction activities will include: ❑ 34 patch shallow subtidal oyster reefs created using recycled oyster shell. Each reef will: ❑ have a diameter of 22' ❑ have a circumference of 70' ❑ cover a maximum area of 400 square feet ❑ have a maximum height of 6" above the existing substrate ❑ contain a maximum of 60 bushels (75 cubic feet) of oyster shell The total area covered by the 34 created patch oyster shell reefs in the project area will be a maximum of 13,600 square feet containing a maximum of 2,040 bushels (2,540 cubic feet) of oyster shell. ❑ 2 patch shallow subtidal oyster reefs created using use #4 marine limestone marl. Each reef will: C have a diameter of 22' ❑ have a circumference of 70' ❑ cover a maximum area of 400 square feet ❑ have a maximum height of 6" above the existing substrate ❑ contain a maximum of 60 bushels (74.4 cubic feet) of marine limestone marl The total area covered by the 2 created patch oyster reefs made of marl in the project area will be a maximum of 800 square feet containing a maximum of 120 bushels (148.8 cubic feet) of marine limestone marl. e. Are the proposed activities maintenance of an existing project, new work, or both? New work I. What is the approximate total disturbed land area resulting from the proposed project? 14,400 act ft. within a 1.003 acre A,680 square feet) project area Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ONo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. RECEIVED ma JAN 16 2015 i. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ❑No ®NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> DCM WILMINGTON, NC 14 252.808-2808 .. 1-888.4RCOAS f .. www.nccoastaimanagement.net Forts DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit B. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name N/A Phone No. Address Name N/A Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. Na h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, it 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 December 23, 2014 Print Name Ted Wilgis - NCCF ,,j Signature RECEIVED Please indicate application attachments pertaining to your proposed roject. JAN 16 2H ®DCM MP-2 Excavation and Fill Information []DCM MP-3 Upland Development []DCM MP-4 Structures Information ❑DCM MP-5 Bridges and Culverts I)(-,M-Kdun r-l+* RECEIVED DCM WILMINGTON, NC DEC 2 8 2014 252.808-2008 .. 1-888-4RCOAST .. www. nccoasta lma nagement. net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 14,400 square feet Width Existing NA NA 2.5' NHW - 0' Depth NLW Final Project NA NA 24" NHW - 0' Depth NLW 1. EXCAVATION 41a °" ®This section not applicable a. Amount of material to be cubic yards. below NHW or NWL in b. Type of material to be excavated. c. (i) Does the area to be excavated include coastal wetiands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA III) If yes, where? e. (i) Does the disposal area include any coastal wettands/marsh f. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: (1) Does the disposal include any area in the water? ❑Yes []No ❑NA (ii) If yes, how much water area is affected? RECEIVED JAN 16 101§ H!µ,-wm16144.. RECEIVED DCM WILMINGTON, NC DEC 2 9 2014 252-808.2808 :: 1.888-4RCOAST :: www.neeoastalmanaaement.net revised: 12/26/06 3. SHORELINE STABILIZATION ®This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Tvoe of shoreline stabilization: h I .oMh- ❑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 watenvard of NHW or NWL: I. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (11) 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 b. (i) Will fill material be placed in coastal wetlands/marsh (CW). If yes, (ii) Amount of material to be placed in the water 22i60 bushels (2.700 cfl (III) Dimensions of fill area 14,400 sf (iv) Purpose of fill The proposed project will use recycled, cured oyster shell and #4 marine limestone mad (as used by NCDMF for oyster cultch plantings) to build 36 patch shallow subfidal oyster reefs. The reef (cutch) material is necessary to provide a suitable substrate for oyster larvea to settle on and attach. The reef material also provides habitat for finfish, shellfish and crabs. 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? The reef material, like the native reef material on site, is heavy and will remain in place in the project area. As the reef material is deployed from the barge a temporary slight increase in localized turbidity may occur, but will quickly dissipate. 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 (li) Describe the purpose of the fill in these areas: N/A RECENED JAN 16 2015 What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? The oyster reef material will be transported by truck to a stockpile area in NCCFs Moms Landing Clean Water Preserve near the project site. The upland stockpile area is shared with the NCDMF and has access to the water via a concrete barge loading pier. The project contractor will load the reef material from the pier onto shallow draft barges and/or floating platforms. The barges/platforms will travel to the project site during high tide conditions, so that the reef material can be deployed into the project area at high water. This will also avoid any substrate disturbance from the contractor's vessels and loading platforms. Once the reef material is deployed, the barges will return to the loading pier at Morris Landing. N�C{CF staff will be on site to supervise the deployment of thRC;EIVED material into the project area. DCM WILMINGTON, NC 252-808.2808 :: UBBBdRCOAST :: www.nccoastalmanaaenroM.nst revised: 12126106 c. (I) Will navigational aids be required as a result of the project? d. Oyes ❑No ®NA (it) If yes, explain what type and how they will be implemented. (8) 2" x 10' PVC poles with reflective tape and signage will be placed along the boundaries of the 1 acre project area. December 23, 2014 Date Stump Sound Oyster Reef Habitat Restoration Project Project Name Ted Wilgis, N.C. Coastal Federation Appli nt ame Applicant Sign re The contractor will most likely deploy the shell off the barge/platform using high pressure water hoses and hand shovels. The reef material will be deployed into the reef footprints as permitted and outlined by the PVC poles placed earlier. All natural reefs and wetlands will be posted so the contractor can avoid those areas as he works in the project area. NCCF will be monitoring the reef construction activities and will check the placement of the shell at low tide to ensure that it meets the project design specifications. Depending on the tides the contractor may deploy - 200 - 400 bushels of reef material a day (I) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (it) If yes, explain steps that will be taken to avoid or minimize environmental impacts. RECEIVED JAN 16 2015 pew.-Nawn rr1Y RECEIVED DOM WILMINGTON, NC 252-808.2808 :: 1.888.4RCOAST :: w .nccoastalmanaaement.net r . 1 Project Area vp 4636 ff Summer House Development 1\6 a Spicer Bay Stump AlWW Sound �Permuda isiand Ck )(Wiclor U Z K m Stump Sound Oyster Reef Habitat Restoration Project wo mApplicant: NC Coastal Federation Date: 12/23/14 Work Plan Drawing 2 of 702 c LU Proiect Location with SA Waters Closure Boundary X§ `y Z z m Z Stump Sound Oyster Reef Habitat Restoration Project Wo a ° Applicant: NC Coastal Federation Date: 12/23/14 Work Plan Drawing 3 of 7 M3 Project Location with GPS Coordinates Irk v z m Stump Sound Oyster Reef Habitat Restoration Project Applicant: NC Coastal Federation Date: 12/24/14 Work Plan Drawing 5 of 7 a _ T X3 im _E c.m ..LPL=,= t L, �a ,�f, _{_ a(Do 0 Q i ol-� W �o 0 .C-0 �1 n � e 41 'ARE a + 5 DCWAlNII EIVED AINGTOI 4 2014 NC I N U) 0 AIj 9 s ......... __ fis = MMUMM a se3oe6�: M a C- qY =39: -• m . ....�+a. HE main Ing we^: a Uo....:.M:.7....: wee •fie 77•'. fia a.'•7 �: M •7:io 7::— UM —SCS afi37_73.i.. �. NZ _ :7C r IMM ai��—g O`.�i7• a Z. MS or Too I MEU. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENRON OF: March 12, 2015 Regulatory Division Action ID No. SAW-2015-00239 / 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 (Mr. Ted Wilgis) to create and restore 14,400 square feet of shallow subtidal Eastern Oyster patch reef habitat in a 1.003 acre project area. The project would use a maximum of 2,040 bushels of oyster shell and 120 bushels of marine limestone marl for a total of 36 low profile patch oyster reefs. This project is located in Stump Sound, adjacent to Spicer Bay, Onslow County, North Carolina. Coordinates in Decimal Degrees are: 34.479941 N,-77.4868643 W.. 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. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee guidelines.pdf. 2. No additional material shall be added to the oyster reef sites without Corps authorization. 3. Dredging is not authorized. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. RECEIVED MAR 2 3 2015 -2- 5. 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. 6. 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. 7. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 8. 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. 9. 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. 10. 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. 11. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. RECEIVED MAR 2 3 iU?5 VVxr'IW rlq pry -3- 12. 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. 13. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 14. 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. 15. 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). 16. 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. 17. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 18. 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. RECEIVED MAR 2 3 1015 Iw7MN-w,ga 4ri MAe Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Division, telephone (910) 251-4170. Copies Furnished: Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environment and Natural Resources Morehead City Regional Office 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Sincere Tyler C&bley, Project Manager Wilmington Regulatory Field Office RECEIVED MAR 93 1 paw-1. ') CITY -5- Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28403 Ms. Joanne Steenhuis Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED MAR 2 3 i ; , PCM-M..9 P,IN DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 O ATTE A LYTON OF: March 12, 2015 Regulatory Division Action ID No. SAW-2015-00239 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 (Mr. Ted Wilgis) to create and restore 14,400 square feet of shallow subtidal Eastern Oyster patch reef habitat in a 1.003 acre project area. The project would use a maximum of 2,040 bushels of oyster shell and 120 bushels of marine limestone marl for a total of 36 low profile patch oyster reefs. This project is located in Stump Sound, adjacent to Spicer Bay, Onslow County, North Carolina. Coordinates in Decimal Degrees are: 34.479941 N,-77.4868643 W.. 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. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee guidelines.pd£ 2. No additional material shall be added to the oyster reef sites without Corps authorization. 3. Dredging is not authorized. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. RECEIVED MAR 16 2015 DGM-MHe CITY -2- 5. 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. 6. 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 pemrittee 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. 7. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 8. 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 permttee 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. 9. 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. 10. 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. 11. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. RECEIVED MAR 16 2015 aoM- W9 CITY -3- 12. 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. 13. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 14. 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. 15. 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). 16. 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. 17. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 18. 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 pemrittee's discovery of the violation.vED MAR 16 7015 DCM-MHD CITY -4- Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Division, telephone (910) 251-4170. Copies Furnished: Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environment and Natural Resources Morehead City Regional Office 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Sincere P6 1 Tyler CiVambblley, Project Manager Wilmington Regulatory Field Office RECEIVED MAR 16 1015 "CM-MHD CITY -5- Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28403 Ms. Joanne Steenhuis Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED MAR 16 7015 DCM-MHD CITY 1 NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 27, 2015 Division of Coastal Management a� 1 MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: NC Coastal Federation / Carolina Beach State Park Project Location: 1010 State Park Drive, (off Dow Rd.), adjacent to the Cape Fear River, in Carolina Beach, New Hanover County Proposed Project: to construct a bagged oyster shell & marl marsh sill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 23, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. AA^^ II l ��,/f RFrFvr:o SIGNED /Yv i/ IA ' DATE ��/ I3/ MARI 2015 h'n-yam Cmv N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastaimanagement.net An Equal Opportunity \ Afimmative Acton Employer �'AJ NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 11, 2015 MEMORANDOM TO: From: Through: SUBJECT: Applicant: Proposed Project: Jonathan Howell, NC DENR Assistant Major Permits Coordinator Division of Coastal Management Jeremy Humphrey, Environmental Health Program Specialist Shellfish Sanitation and Recreational Water Quality Shannon Jenkins, Environmental Program Supervisor Shellfish Sanitation and Recreational Water Quality CAMA / Dredge & Fill Permit Application Review NC Coastal Federation / Caroliana Beach State Park to construct a bagged oyster shell and marl marsh sill Donald R. van der Vaart Secretary The proposed project includes the construction of a 610' oyster bag sill along the Carolina Beach State Park shoreline on the Cape Fear River. The project would be located in waters classified as Prohibited. While it is acknowledged that oyster reefs have potential beneficial impacts (habitat, water quality, etc), potential illegal harvest of oysters from this area can cause illness if consumed. The location of these future oyster reefs are a public health concern as they would be accessible for illegal 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. It is requested that signs be posted indicating these as research projects and that the area is closed to shellfish harvest. RECEIVED MAR 12 N pj-;wo1hl r } ovy 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707 86001 Internet: wwwncdenr.gov An Equal Opportunity IAKrmative Action Employer — Made in pad by recycled paper DISTRICT 3 4 MAR ® 31015 NCDENR RECEIVED North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 27, 2015 Division of Coastal Management MEMORANDUM: Donald R. van der Vaart Secretary TO: Anthony Law NC DOT New Hanover Co. FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: NC Coastal Federation / Carolina Beach State Park Project Location: 1010 State Park Drive, (off Dow Rd.), adjacent to the Cape Fear River, in Carolina Beach, New Hanover County Proposed Project: to construct a bagged oyster shell & marl marsh sill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 23, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. RECEIVED This agency has no comment on the proposed project. MAR 19 7M 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 '� "Gr If N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nocoastalmanaoementnet An Equal opportunity \ Affirmative Action Employer RECEIVED MAR t 9 29b t5t"AA_F,;11?M NIMI% OCKE; 'EN R North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary March 13, 2015 N.C. Coastal Federation 309 W. Salisbury Street Wrightsville Beach, N.C. 28480 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 parry 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. Sincerely, p, b`8 � Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity / Affirmative Action Employer NC DCM CAMA DIP - Proiect Narrative Stump Sound Oyster Reef Habitat Restoration Project Applicant: North Carolina Coastal Federation, Inc. Date: December 23, 2014 Project Contact: Ted Wilgis — Coastal Education Coordinator/Biologist North Carolina Coastal Federation 309 W. Salisbury St. Wrightsville Beach, NC 28480 Phone: (910) 509-2838 Fax: (910) 509-2840 tedw(i nccoast.org Project Summary The North Carolina Coastal Federation is proposing to create and restore 14,400 square feet of shallow subtidal Eastern Oyster (Crassostrea Wrginica) patch reef habitat in a 1.003 acre (43,680 square feet) project area in Onslow County in Stump Sound adjacent to Spicer Bay. The proposed project will use a maximum of 2,040 bushels of oyster shell and 120 bushels of marine limestone marl to create a series (36) of low profile patch oyster reefs in the 1.003 acre project area. The proposed project is funded by grants to the Federation from the N.O.A.A. Restoration Center and the Estuary Restoration Act (ERA) through the U.S. Army Corps of Engineers, Wilmington District. Since a portion of the funding for the proposed project is coming through the U.S. Army Corps of Engineers, the Corps determined that a Corps programmatic Environmental Assessment for the project would be needed, and that the Federation as the non-federal sponsor would be responsible for drafting the EA. The Federation worked with the Corps to draft and publish an EA, Essential Fish Habitat Assessment, and a draft Finding of No Significant Impact (FONSI) for the ERA project on November 27, 2011. After the comment period closed on December 13, 2012 and all the submitted comments on the EA were addressed by the Federation and the Corps, the Corps issued the project FONSI on February 18, 2013. The Federation requested and held an interagency project scoping meeting to review the project on April 11, 2013 at the NCDENR Wilmington Regional Office. There were no concerns raised over the proposed project during the meeting. Project Site The one acre project area is near the mouth of Spicers Bay off of Stump Sound within Onslow County. Stump Sound is primarily a shallow estuary with a tidal range of —18" containing polyhaline to euhaline conditions ranging from 18 to 36 ppt salinity. Portions of Stump Sound are classified as Shellfishing (SA) and Outstanding Resource Waters (ORW). The shallow subtidal patch oyster reef habitat will be constructed in the public trust waters on mud flats near the opening of Kings Creek and Spicer Bay in Stump Sound. Habitat areas within these waters have also been classified as Primary Nursery Areas (PNA). The GPS coordinates for the site are: RECEIVED • NW Comer: N 34°28'47.58" x W 77°29'14.47" JAN 16 2015 • NE Comer: N 34°28'48.17" x W 77°29' 12.46" • SW Corner: N 34128'45.38" x W 77029' 13.29" H" -W" ""U7 t-I?v • SE Corner: N 34°28'46.48" x W 77*29'11.69" The proposed oyster reef site will be located just upstream of the line marking the permanent closure of waters to shellfish harvest (CAMA Application Work Plan Drawing #4). The closure is due to bacteriological contamination. While the bacteria are not harmful to reef development and the oysters' health, the persistent presence of high levels of bacteria has resulted in the closure of waters to shellfish harvest above the closure line. Placement of the reefs just inside the closed area eliminates a potential user conflict from the potential closure of open shellfish waters to build and protect the habitat restoration sites. Placing the reefs in the closed areas will also allow for monitoring, research and comparison of created oyster reefs to existing oyster reefs further upstream and closer to the pollution sources in the closed areas. RECEIVED DCM WILMINGTON, NC Pagel of DEC 292014 The proposed reef site is located within the DMF Primary Nursery Area. Oyster reef habitat is considered Essential Fish Habitat and provides refuge and foraging opportunities for larval, juvenile and adult transient, resident and facultative fish, crustaceans and shellfish. The created oyster reef habitat is designed to restore and enhance important fishery habitat in the Sound which has experienced loss and degradation of historic oyster reefs. Project Activities Oyster reef restoration, enhancement and protection activities in Stump Sound will include the creation of shallow subtidal patch eastern oyster (Crassostrea virginica) reef habitat in the one acre project area. The proposed layout of the patch oyster reefs are shown in Figure 1 and in the attached CAMA Application Work Plan Drawings #5 and #6. Oyster reef restoration implementation activities will include purchasing and transporting of 2,160 bushels of oyster shell and 120 bushels of marine limestone marl to the federation's Morris Landing Clean Water Preserve on Stump Sound which has an existing oyster shell stockpile area and barge loading pier. The oyster reef material will be loaded onto shallow draft barges/platforms for transport to the project site within the project area. The oyster reef material will be deployed from the barges/platforms into the project site per project design creating a series (36) of low profile patch oyster reefs in the 1.003 acre project area. Figure 1. Proposed project area with draft layout for patch oyster reef restoration and creation KYK{,", 01w,t ?'i L Project Background Stump Sound contains significant areas of oyster beds and maintains high levels of annual oyster spat fall. However, due to water quality declines, heavy sedimentation rates, and focused harvest pressure in the remaining open waters some areas of viable oyster reef habitat has been degraded and lost. Oyster spat monitoring by UNCW's Benthic Ecology Lab and volunteers indicates that high levels of oyster larvae are present each year from May -October in the waters adjacent to the project area. However, substrate for the larval settlement is a limiting factor. Providing adequate reef habitat and settlement substrate will help to enhance the oyster population, oyster reef habitat, fish habitat and potentially some localized water quality benefits in the lower river estuary. Recent global analyses suggest that shellfish reefs are near or past functional extinction in many regions (Beck et al. 2009). Management strategies that include restoration efforts designed to conserve or even improve reef conditions are recommended to reverse the negative consequences of reef losses (Brumbaugh et al. 2006, Beck et al. 2009).Ahd#jgpny other global regions, reefs in the southeastern US are characterized as good to poor (Beck et al. 2009), QqARVlWWCffGN, NC Page 2 of S DEC 2 9 2014 historical under -exploitation and until recent (1990s) delayed coastal development. Although far from ideal, the eood to poor condition of southeastern oyster habitats represents an opportunity to be proactive environmentally and attempt to reverse the losses before reefs become functionally extinct in the region. Once valued primarily as a resource, oysters are now recognized as ecosystem engineers (sensu Jones et al. 1994) and oyster reefs are one of the key structural elements within southeast estuaries. Reefs create complex habitats used by fish, crustaceans and bivalves including commercial and recreational species as well as other invertebrates, birds and mammals (Zimmerman et al. 1989, Wenner et al. 1996, Coen et al. 1999b, Coen and Luckenbach 2000, Meyer and Townsend 2000). Oysters also can improve water clarity and quality by filtering large quantities of water (Nelson et al. 2004, Newell 2004, Grizzle et al. 2008); a mature oyster can filter''=200 L of water per day. Observed declines in oyster populations not only affect the resource but also are associated with adverse effects to reef -associated species and reduced water quality, ultimately leading to shifts away from "natural" ecosystem functioning. Few species besides the oyster are as readily identified as central to the functioning of estuarine systems. State and federal fisheries management recognize shell bottom habitat as critical to fisheries production. Although fully functional reefs may require 3-5 yrs. to develop, data suggest oyster shell alone attracts many more fish than adjacent bare mud flats (Coen et al. 1999, Lenhert & Allen 2004, Garwood et al. submitted). An impressive number of invertebrates, >85 species, quickly colonize oyster shell providing food sources for larger invertebrates and finfish and beginning the natural process of stabilizing the shells. Similar to natural shell habitat, restored oyster reefs also provide habitat for economically important species. These species use shell bottom as spawning, nursery, foraging, and/or refuge areas and emphasizes the importance of oyster reefs/shell bottom as fisheries habitat. In consideration of the economic importance of shellfish producing areas, the NC Marine Fisheries Commission classified reefs as critical habitat areas under 15A NCAC 3I.0101. The South Atlantic Fishery Management Council also recognizes oyster reefs as Essential Fish Habitat for estuarine and nearshore coastal ecosystems (Coen et al. 1999). Project Methodology - Patch Oyster Reef Habitat Creation The proposed project will: • use a maximum of 2,040 bushels of oyster shell, and • 120 bushels of marine limestone marl • to create a series (36) of low profile patch Eastern Oyster (Crassostrea Wrginica) reefs • covering a maximum of 14,400square feet • in the 1.003 acre project area. Oyster reef construction activities will include: • 34 patch shallow subtidal oyster reefs created using recycled oyster shell. Each reef will: — have a diameter of 22' — have a circumference of 70' — cover a maximum area of 400 square feet — have a maximum height of 6" above the existing substrate — contain a maximum of 60 bushels (75 cubic feet) of oyster shell The total area covered by the 34 created patch oyster shell reefs in the project area will be a maximum of 13,600 square feet containing a maximum of 2,040 bushels (2,540 cubic feet) of oyster shell. • 2 patch shallow subtidal oyster reefs created using use #4 marine limestone marl RECEIVED Each reef will: JAN ] 6 1015 — have a diameter of 22' — have a circumference of 70' W60-aenk �6+4 — cover a maximum area of 400 square feet — have a maximum height of 6" above the existing substrate — contain a maximum of 60 bushels (74.4 cubic feet) of marine limestone marl The total area covered by the 2 created patch oyster reefs made of marl in the project area will be a maximum of 800 square feet containing a maximum of 120 bushels (148.8 cubic feet) of marine limestone marl. RECEIVED DCM WILMINGTON, NC Page 3 of 5 DEC 2 9 2014 If alloNN ed, the project will use �4 marine limestone marl to build two patch oyster reefs to demonstrate and monitor the effectiveness of this reef material. Marl is a suitable reef material and is utilized by NCDMF for oyster reef enhancement activities. Using marl in conjunction with oyster shell supplements the amount of reef material and enables further evaluation of marl as reef material in estuaries along the coast. Two similar patch marl intertidal oyster reefs were created by NCCF and NCDMF in Dicks Bay off of Myrtlegrove Sound. Five years of monitoring of the reefs indicate that they have statistically similar levels of oyster and epifauna densities as created reefs with oyster shell. The reefs will be placed within the proposed I -acre project area in a manner that is appropriate for oyster larval recruitment and settlement; reef development; and nekton and epifauana utilization. NCCF has consulted with UNCW shellfish researchers and NC Division of Marine Fisheries staff regarding the design and placement of the created reefs. The reefs will be designed with suitable elevations, patch size; inter -reef habitat, surface and edge complexity and shell layer thickness to allow for maximum potential for oyster larvae recruitment and settlement, water flow and transport of oxygen and food for the oysters, habitat provision and other ecosystem services. Oyster spat monitoring by UNCW's Benthic Ecology Lab and volunteers indicates that high levels of oyster larvae are present each year from May -October in the waters adjacent to the project area. Existing natural reefs near the project site will be used as reference reefs for the project design and monitoring. NCCF will mark the project site and reef locations with PVC poles according to the designated project design prior to reef construction. The oyster reef material will be purchased from oyster shucking houses and quarries (marl) and transported by truck to a stockpile area in NCCF's Morris Landing Clean Water Preserve near the project site. The upland stockpile area is shared with the NCDMF and has access to the water via a concrete barge loading pier. The project contractor will load the reef material from the pier onto shallow draft barges and/or floating platforms. The barges/platforms will travel to the project site during high tide conditions, so that the reef material can be deployed into the project area at high water. This will also avoid any substrate disturbance from the contractor's vessels and loading platforms. Once the reef material is deployed, the barges will return to the loading pier at Morris Landing. NCCF staff will be on site to supervise the deployment of the reef material into the project area. The contractor will most likely deploy the shell off the barge/platform using high pressure water hoses and hand shovels. The reef material will be deployed into the reef footprints as permitted and outlined by the PVC poles placed earlier. All natural reefs and wetlands will be posted so the contractor can avoid those areas as he works in the project area. NCCF will be monitoring the reef construction activities and will check the placement of the shell at low tide to ensure that it meets the project design specifications. Depending on the tides the contractor may deploy — 200 - 400 bushels of reef material a day. Reef construction is anticipated to occur between March and April while oyster larvae are present. Upon the satisfactory completion of the reef material deployment NCCF will place signage on the project area posts and work with NCDMF to have the site proclamated as a shellfish research sanctuary. The site will remain in thgtrust, and all activities except shellfish harvesting will be allowed in the project area. JAN 16 2015 Project Monitoring Plan The Benthic Ecology Lab at UNCW has been contracted by NCCF to conduct pre- and post -project monitoring of the site in conjunction with NCCF and volunteers. The pre -project monitoring will occur during the winter of 2015 prior to reef construction. Post -project monitoring will begin in the fall of 2015 and occur according to the monitoring schedule for a period of 4 years. The monitoring program will be implemented to evaluate progress towards the project's habitat restoration objectives; measure overall project success and to comply with NOAA's minimum scientific monitoring requirements. The parameters include the structural and functional parameters listed below for the project components. The parameters, where appropriate, will be measured and monitored prior to the project initiation, concurrent with project implementation and continue until the results point to a trend of restoration success. Monitoring timing will be conducted according to the project schedule and the selected parameters. The timing will allow for any necessary changes or adaptive management during the project. RECEIVED DCM WILMINGTON, NC Page of DEC 2 9 2014 Oyster Reef Habitat Monitoring I. Project Objectives: a. Increase the acreage of oyster reef habitat (structural) b. Increase the amount of substrate available for oyster recruitment, reef development, and fish habitat (functional) U. Monitoring Parameters: a. Acreage of oyster habitat created (structural) b. Abundances and densities of oysters and epifauna (functional) c. Oyster spat fall within the project area and reference areas III. Monitoring Measurements: a. Structural - Extent and area of created oyster habitat calculated by measuring reef footprints using on the ground measurements, aerial photographs and mapping tools b. Functional - Sample 20cm x 20cm quadrat random excavations from created and reference reefs identify and enumerate all oysters and epifauna within the quadrat c. Per NCDMF spat count parameters: 30 random shells will be collected and the number of spat on each counted. The average # of spat/shell will be calculated. IV. Baseline Conditions/Values: a. Pre -project survey for oysters and oyster habitat in the project area b. Comparison to existing natural reference reefs representative of existing conditions and similar reef architecture and landscape characteristics (series of patch reefs on mudflats ) c. 1-2 Reference reefs will be selected at each site within the project area that: i. best represent the existing natural condition; ii. are similar in architecture and landscape characteristics to designed created reefs; and iii. represent target conditions. V. Evaluation of Results: a. Quantitative comparison to baseline pre -project conditions b. Statistical comparison to reference reefs at each site c. Success Criteria: i. Increase in oyster habitat in the project area equal to or greater than project goal ii. Created reefs exhibit similar densities and abundances of oyster and epifauna as natural reefs at corresponding sites Page 5 of 5 RECEIVED JAN 16 1015 9eW-IMHD CITY RECEIVED DCM WILMINGTON, NC DEC 2 9 2014 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: North Carolina Coastal Federation - Stump Sound Oyster Reef & Hab. Restoration 2. LOCATION OF PROJECT SITE: The property is located at the mouth of Kings Creek, adjacent to the Atlantic Intracoastal Waterway (AIW W), in Stump Sound, near Holly Ridge, in Onslow County. Photo Index - 2006: 26-6624, G-H, 18-19 2000: 26-350, Q-R, 6-7 1995:26-355, T-U, 34 State Plane Coordinates - X: 2,449,626 Y: 265,357 GPS File: S-100415A Lat:34°2847.77"N Long:77°29'12.66"W 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 8/11/14 Was Applicant Present — No 5. Gi, 7. PROCESSING PROCEDURE: Application Received — Complete on 12/29/14 Office — Wilmington SITE DESCRIPTION: (A) Local Land Use Plan — Onslow County Classification From LUP-AEC areas are classified Conservation (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing —None Planned - None (F) Type of Structures: Existing — N/A — open water area Planned — low profile oyster reef(s) construction. (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: (A) Vegetated Wetlands (B) Non -Vegetated Wetlands - open water +/- 14,000 ft (oyster reef) (C) Other(Highground) gECEKED (D) Total Area Disturbed: 14,000 sq. ft. (0.32 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: Closed JAN 16 2015 FlaµA'"Fll F 1l 8. PROJECT SUMMARY: The applicant proposes to construct a series of thirty-four (34) low profile oyster and two (2) marine limestone marl reefs within the project area. NC Coastal Federation/Stump Sound Oyster Reef Habitat Restoration Project Page Two 9. PROJECT DESCRIPTION: From a land based perspective, the project site is located nearly 0.3 miles south of Thomas Landing Road, which is an extension of Tar Landing Road, near Holly Ridge, in Onslow County. To get near the site from Wilmington, by land, take NC Highway 17 north toward Jacksonville. Turn right onto Old Folkston Road in Holly Ridge (approximately 27 miles from Wilmington) and travel east until you come to the intersection of Tar Landing Road. At this intersection, turn right onto Tar Landing Road and follow until the very end. This will be Thomas Landing Road. The property will be located near the entrance to Kings Creek and Spicer Bay, approximately 0.75 miles from this land based location. The project area is located along the southeast side of the mouth of Kings Creek, with defining boundaries (Latitude and Longitude) being depicted on the attached work plan drawing 3 of 7, and dated 12/23/14. The project boundaries measure approximately 182' x 240', and exclusively include shallow bottom, open water areas shown to be Public Trust Waters and under ownership of the State of North Carolina. The loading and staging area for this project is the Coastal Federation's Moms Landing site, which is located at the terminal end of Morris Landing Road. Site specific information relative to this particular project includes the lay down area (shell storage) and concrete landing pier, as this is where the material will be loaded onto a barge and transported to the disposal site (i.e. project area). Current water depths in the project area range from -2.0' to -2.51, relative to Normal Low Water (NLW). The Morris Landing site was originally permitted in 2005, under CAMA Major Permit #28-05, for the creation of an oyster shell storage area and loading pier to be used in conjunction with the NC Division of Marine Fisheries' shell recycling and oyster reef restoration program; construction of a public access pier and a rock sill and associated coastal wetlands restoration area. The permit has been modified numerous times since, and was recently amended in 2013 to include an additional reef area to the south. In the project area, the NC Division of Water Quality classifies the waters of the AIW W/Stump Sound, as SA-ORW. The NC Division of Marine Fisheries has designated this area of Stump Sound as Primary Nursery Area (PNA), and the waters adjacent to the proposed project are CLOSED to the harvesting of shell fishing. PROPOSED PROJECT: As stated by the applicant, the North Carolina Coastal Federation (NCCF) is.proposing to create and restore a 14,000 sq. ft. area of shallow sub -tidal habitat within a once -acre open water plot located in Stump Sound. The project would consist of the deposition of approximately 2,040 bushels of oyster shell and 120 bushels of marine limestone marl within the one acre area. A total of thirty-six (36) low profile patch reefs (34 oysters and 2 marl) would be created for restoration purposes. As noted in the application package, the project area is situated just outside of the mouth of Kings Creek, upstream of the line marking the permanent shellfish closure limits (open to harvesting of shellfish downstream). The methodology used to deploy the oyster and marl material would include the following: The applicant would load the recycled oyster shell onto a barge at the NCCF Morris Landing site and transfer it approximately 1.4 miles north, to the project site. All material would then be blasted from the deck using high pressure water at strategic locations throughout the 1-acre area. Each plottreef would measure approximately 22' in diameter with a circumference of approximately 70'. The height of the material, once deployed, would measure approximately 0.5' above the substrate. As proposed, and based on historical photography and satellite imagery, the proposed project site would be located outside of the channel limits leading into Kings Creek and Spicer Bay. RECEIVED JAN 16 2015 p0',"?Mwo clry NC Coastal Federation/Stump Sound Oyster Reef Habitat Restoration Project Page Three 10. ANTICIPATED IMPACTS The proposed reef creation would incorporate approximately 14,000 square feet of estuarine waters and public trust area. Additionally, the proposed project would result in the filling of approximately 14,000 square feet of Estuarine Waters and shallow bottom habitat. Minor increases in turbidity are likely to occur during shell deposition, but should settle relative quickly. In summary, this project would promote estuarine revitalization and it would aid in facilitating cooperative efforts between the NCCF and the NCDMF in the oyster reef restoration programs. Submitted by:1. Dail - Date: January 14, 2015 Office: Wilmington DCM Coordinator: //L� Permit MAILING DISTRIBUTION ` SHEET Permitee:�— DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City ;;::InP US ACOE Offices: Washington: Raleigh Bland Wilmington: er Crumbley Cultural Resources: Renee Gledhill -Early or (en rronmental.review@ncdcr.gov) Public Water Supply: ane Williams (W �.. Joey White NC DOT: en Pace Shellfish Sanitation: State Property: im Wjto Water Resources: K n Hi gins (Ralei John Hennessy C DOT) Washington: Anthony Scarborough Wilmington: nhuis — 4 Chad Coburn - 401 Linda Lewis - Stormwater Wildlife Resources: aria Dunn (WARD) LPO: Fax Distribution: Permitee Agent #:_ DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: North Carolina Coastal Federation COUNTY: Onslow PROJECT NAME: Stump Sound Oyster Reef & Habitat Restoration LOCATION OF PROJECT: mouth of Kings Creek, adjacent to the AIWW, in Stump Sound, near Holly Ridge DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12-29-14 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Dail DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 1-17-15 ADJ. RIP. PROP NOTICES REC'D- APPLICATION ASSIGNED TO: FE C) 75 DAY DEADLINE: I MAIL OUT DATE:1-14-15 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: 2�-75- END OF NOTICE DATE: 2-7-15 DEED REC'D: / ON: I f"S 150 DAY DEADLINE: STATE DUE DATE: 2-7-15 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative (• I L -11 Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) I-zp-�, ✓ Division of Water Resources (401) Storm Water Management (DEMLR) State Property Office V/ Division of Archives & History �•q-1$ Division of Environmental Health �' Z— t S - i r a JAN 16 1015 Division of Highways DCM-MHO Cm Wildlife Resources Commission Local Permit Office Division of Marine Fisheries / DCM 2 d' IS ✓ S Corps of Engineers 11-1 S ✓ p w s I-zo-ts Howell, Jonathan From: Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil> Sent: Wednesday, March 11, 2015 11:20 AM To: Howell, Jonathan Subject: SAW-2015-00239 / Stump Sound Oyster Reef Habitat Restoration - Recommended conditions Jonathan, A hard copy of these will be sent to Doug today. Thanks. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. No additional material shall be added to the oyster reef sites without Corps authorization. 3. Dredging is not authorized. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 59a 5. 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. 6. 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. 7. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 8. 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. 9. 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. 10. 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. -3- 11. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water quality at (919) 733- 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 12. 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. 13. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 14. 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. 15. 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). 16. 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. 17. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. -4- 18. 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. Tyler Crumbley Project Manager U.S Army Corps of Engineers -Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 Phone: 910-251-4170 Fax: 910-251-4025 email: tyler.crumbley@usace.army.mil "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http://regulatory.usacesurvey.com/" 7,An RUM North Carolina Department of Environment and Natural Resource Pat McCrory Governor January14, 2015 Division of Coastal Management MEMORANDUM: TO: Shane Staples Fisheries Resource Specialist DCM - WaRO RECEIVED JAN 1l a 205 DOM-Frehodeo wARo Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: -CAMA Application Review AA+- I" Applicant: N.C. Coastal Federation Project Location: at the mouth of Kings Creek, adjacent to the A/WW, in Stump Sound, near Holly Ridge, in Onslow County Proposed Project: Stump Sound Oyster Reef & Habitat Restoration Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 7, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. his 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 N.C. Division of Coastal Management 127 Cardinal Drive EA, Wilmington, NC 28405 Phone: 910-796-7215 1FAX:910-3953964Internet: vnvw.nocoastalmanaaerrial1 et An Equal Opponunity5 AfflnnadveActim Employer u North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM: TO: Jonathan Howell, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: NC Coastal Federation, Kings Creek project DATE: 2/6/15 . Donald R. van der Vaart Secretary. A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to construct 36 low profile oyster reef structures in a 14,000 square foot plot near the mouth of Kings Creek in Onslow County. Thirty-four of these. reefs will be comprised of oyster shell and 2 will be limestone marl. Due to this restoration project being located just within the line for closed shellfish waters signs should be posted at the site denoting that it is a habitat restoration site and the area is closed to shellfish harvest. Contact Shane Staples at (252) 948-3950 or shane,staoles@ncdenr.eov with further questions or concerns. 1601 Mall Service Center, Raleigh, North Carolina 27699.1601 Phone; 919-707-860011ntemet: www.ncdenr.gov An Equal OppodundliAM lativoActon Employer— Made in pad by recycled paper NCDENR t, 16 2015 Nort Carolina Department of Environment and Natural R o rce Pat McCrory ;may7� t"a4Va7110f January 14, 2015 Division of Coastal Management MEMORANDUM: TO: FROM: SUBJECT: Applicant: ' r3 i Ns(dgG1 Renee Gle i - ar y Dept, of Cultural Resources J 6f-(444 Archives & History l �j-!S- Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA Application Review 611b4, /= N.C. Coastal Federation Project Location: at the mouth of Kings Creek, adjacent to the A/WW, in Slump Sound, near Holly Ridge, in Onstow County Proposed Project: Stump Sound Oyster Reef & Habitat Restoration Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Nowell at the address above by February 7, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is 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 ti X�1i Dt, i�Xd -- DATE N.G Dvs.anatCaastatP sna�er,nt 127 Cam -iri Drive Fxt W,: ngtan NC HA05 Phan 910^7L?n-7F15tFAX 910,,tBs:3°o4lr;em2f wwur, astatmamgemartnet JAPE 2 0 2015 A,Eq-,^pV y h'r....,.,:," Ic':r E-ypc pr. 4 NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor January 14, 2015 Division of Coastal Management MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review W�D., F Applicant: N.C. Coastal Federation Project Location: at the mouth of Kings Creek, adjacent to the AIWW, in Stump Sound, near Holly Ridge, in Onslow County Proposed Project: Stump Sound Oyster Reef & Habitat Restoration Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 7, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. SCt pi'1�ICC�In�cJ CD/nM C�1-t'S REPLY: This agency has no objection to the project as proposed. his 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 % � S'3 DATE I f 1 2111 (� RECEIVED N.C. Division of Coastal Management FEB 12 7019 127 Cardinal Drive Ext., Wilmington, INC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.n=astalmanagement.net An Equal opportunity 1 Affirmative Acton Employer 05 R North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 11, 2015 MEMORANDOM TO: From: Jonathan Howell, NC DENR Assistant Major Permits Coordinator Division of Coastal Management 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 Proposed Project: Stump Sound Oyster Reef & Habitat Restoration Donald R. van der Vaart Secretary The proposed project includes the construction of a series of 34 low profile oyster and 2 limestone marl reefs within King's Creek. The project would be located in waters classified as Conditionally Approved Closed. These waters are closed to shellfish harvest most of the time, but can be opened to harvest on a temporary basis when conditions are favorable in accordance with the Management Plan for that area. Additionally, these waters have been eligible for relay operations where approved leaseholders can harvest in that area and relay to their lease for natural depuration. The relay season occurs generally from April 1 — May 15 of each year. While it is acknowledged that oyster reefs have potential beneficial impacts (habitat, water quality, etc), potential illegal harvest of oysters from this area can cause illness if consumed. The location of these future oyster reefs are a public health concern as they would be accessible for illegal 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. It is requested that signs be posted indicating these as research projects and that the area is closed to shellfish harvest. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001Internet: ew+w.ncdenr.gov An Equal OpportunityIAffinnative Action Employer — Made in part by recycled paper e�� NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor January 14, 2015 Division of Coastal Management MEMORANDUM: TO: Tim Walton Dept of Administration State Property Office Donald R. van der Vaart Secretary RECEIVED JAN 15 2015 DOA STATE PROPERTY OFFICE FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review `` lb *--- Applicant: N.C. Coastal Federation Project Location: at the mouth of Kings Creek, adjacent to the AIWW, in Stump Sound, near Holly Ridge, in Onslow County Proposed Project: Stump Sound Oyster Reef & Habitat Restoration Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 7, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. do 0[)A y _ This agency has no comment on the proposed project. p; v W /1 This agency approves of the project only if the recommended changes r4L ''"k� are incorporated. See attached. �j6 aye` This agency objects to the project for reasons described in the attached comments. sh�i1�S SIGNED dl DATE c� Prr' IVED FEB 0 8 10h N.C. Division of Coastal Management P 4x was Wit's 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: viww riccoastalmanaaement net An Equal Opportunity 1 AfimoM1ve Action Employer ANR17 MC OR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor ISecretary December 8, 2014 r EGENVE' DEC 10 2014 MEMORANDUM: HY: TO: Linda Lewis Iann eenhiu'?sr Division of Water Resources FROM: Daniel Govoni Major.Permits Processing Coordinator SUBJECT`. CAMA/DREDGE & FILL Perinit.Applieation Review Applicant: N.C. Coastal Federation Project Location: Carteret County, North River Farms, in the community of Othvay. Proposed Project: Proposes to restore/create 3 acres of tidal marsh and 785 linear feet of tidal creeks along a canal extending off Ward Creek. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 29, 2014. If you have any questions regarding the proposed project; please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. K10 CCor � REPLY: This. agency lids no objection to'the project as proposed. —41 ` S This agency has no comment on'the proposed project. This agency approves of the project only ;&.the recoi i'ended changes are incorporated. See attached, y�This agency objects to the project for reasons described in the attached comments. SIGNED \ \�� �DATE D 400 Commerce Avenue; Morehead City, North Carolina 28557 Phone: 2527808-2808 \ FAX 252-247.33301 Internet: www,nocoastalmanagement'.net An Equal opportunity ! Affirmative Action Employer Pat McCrory Governor NCDENR North Carolina Department of Environment and Natural Resource Donald R. van der Vaart Secretary !. IS, dt. Ie-. 03 January 14, 2015 Division of Coastal Management MEMORANDUM: TO: FROM: SUBJECT: Applicant: Maria Dunn NCWRC WaRO / WiRO Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA Application Review A a- N.C. Coastal Federation Project Location: at the mouth of Kings Creek, adjacent to the AIWW, in Stump Sound, near Holly Ridge, in Onslow County Proposed Project: Stump Sound Oyster Reef & Habitat Restoration Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 7, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is 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 IVI DATE N.C. Division of Coastal Management RECEIVED 127 Cardinal Drive Ext„ Wilmington, INC 28405 IQN o ,� Phone, 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity 1Atlirmative Action Employer DCM-MHD cin , NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor January 14, 2015 Division of Coastal Management MEMORANDUM: TO: Georgette Scott Stormwater Section DEMLR - WiRO Donald R. van der Vaart Secretary ECEIVE JAN 1 4 2015 BY: FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review w/ b r- G Applicant: N.C. Coastal Federation Project Location: at the mouth of Kings Creek, adjacent to the AIWW, in Stump Sound, near Holly Ridge, in Onslow County Proposed Project: Stump Sound Oyster Reef & Habitat Restoration Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 7, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. REPLY: L,-' 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 492n6=z 2 RECEIVED JAN 2 8 1015 N.C. Division of Coastal Management DC W-MH© CITY 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanaQement.net An Equal Opportunity 1 Affirmative Action Employer Jan.26. 2015 4:16PM NC Dept of Transportation MEM North Carolina Department of Environment and Pat McCrory Governor January 14, 2015 Division of Coastal Mana-Bement MEMORANDUM: TO: Robert Vause NC DOT Onslow County No imPACTNo. 5834V P. 3/3 om- Natural Resource DISTPICT 1 JAN 2 2 2015 Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28567 (Courier 11-12-09) SUBJECT: CAMA Application Review w/b *- it Applicant: N.C. Coastal Federation Project Location: at the mouth of Kings Creek, adjacent to the AlWW, in Stump Sound, near Holly Ridge, in Onslow County Proposed Project: Stump Sound Oyster Reef & Habitat Restoration Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 7, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is 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. UAThis agency objects to the project for reasons described in the attached comments. SIGNED '0ISk � �' BATE 23 S�- N.C. Division of Coastal Managwenl 127 Cardinal Drive Exi , Wilmington, NC 26405 Phone: 910-796-72151 PAK 910-395-3964Internet: www.nocoaslalmanagement.net 4 NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary January 14, 2015 Division of Coastal Management MEMORANDUM: JAN l g ev la TO: Dan Sams District Manager DEMLR - WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: N.C. Coastal Federation Project Location: at the mouth of Kings Creek, adjacent to the AIWW, in Stump Sound, near Holly Ridge, in Onslow County Proposed Project: Stump Sound Oyster Reef & Habitat Restoration Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 7, 2015. If you have any questions regarding the proposed project, contact Jason' Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. JAN 2 0 1015 Mbr.W-AW❑k�l bl4g4 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 _ A'S Id 6/ N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer r NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor January 14, 2015 Division of Coastal Management MEMORANDUM: TO: Diane Williams Environmental Engineer Public Water Supply �0 �4/Y b�S S, o a'W � ?OAS ub7C dre Re Ware�s`pp� Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review "r/ 0 -4-F Applicant: N.C. Coastal Federation Project Location: at the mouth of Kings Creek, adjacent to the AIWW, in Stump Sound, near Holly Ridge, in Onslow County Proposed Project: Stump Sound Oyster Reef & Habitat Restoration Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 7, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. JAN 2 0 2015 This agency has no comment on the proposed project. µt-Wkvmur4+r 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 Iry \� DATE N.C. Division of Coastal Management 127 Cardinal Drive Ext„ Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer Recommendations for State Permit — NC Coastal Federation/Stump Sound Reef Project It is the staff s recommendation that the proposal to restore marsh habitat and build an oyster reef is CONSISTENT with the Rules of 15 NCAC 7H.0206 (d) Use Standards for Estuarine Waters, and Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas, Rules of 15 NCAC 7H.0208 (b) Specific Use Standards. Based on these factors, it is recommended that a permit be issued restore marsh and build an oyster reef. Any permit issued should include the following conditions: The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 2. No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the workplat(s). 3. All unconsolidated material resulting from associated grading and fill placement shall be retained on site by effective sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line of filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetative cover. 4. All fill material shall be placed at least 30' from mean high water. 5. The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. 6. Any staging areas must be inspected prior to beginning work by a DCM Representative. 7. The applicant is encouraged to schedule an on -site meeting with DCM and contractor prior to beginning work. MUM North Carolina Department of Environment and Natural Resources Pat McCrory, Governor Donald R. van der Vaart Secretary January 14, 2015 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: • N.C. Coastal Federation / Onslow Co. • John Thompson / Pender Co. • Bob Yelton / Pender Co. Kyle & Heather: Please publish the attached Notice in the Saturday, January 17, 2015 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, "�ZL Shaun K. Simpson Permit & Customer Suppo Division of Coastal Management RECEIVED cc: WiRO JAN 6 Jonathan Howell - MHC DCM 1 10$ Tyler Crumbley - USACE HtiF��upM h N� Michele Walker- DCM N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 26405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net An Equal Oppoeunity 1Affinnafive Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted on December 22, 2014 for development permits in Areas of Environmental Concern as designated under the CAMA, proposing to expand existing docking facilities adjacent to Topsail Creek in Hampstead, Pender County: Bob Felton at 117 White Heron Cove Rd. and John Thompson at 115 White Heron Cove Rd, and on December 29, 2015, the N.C. Coastal Federation proposed to construct a series of 36 low profile patch oyster reefs to be located at the mouth of Kings Creek, adjacent to the AIWW in Stump Sound, near Holly Ridge, Onslow County. A copy of these applications can be examined or copied at the office of Tara MacPherson (Pender) or Jason Dail (Onslow), N.C. Dept. of Environment & Natural Resources, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to February 7, 2015 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED JAN 16 10b kd6W/-uunW 6144• MAJOR PERMIT FEE SCHEDULE J NCCF / $475 / Ons/ow County DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: S400 1 100% $400 0%($0 ) III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: S400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 90 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 DENR CAMA Daily Check Log for WIRO Date Received Check From (Name) Name of Permit Holder Vendor Check Number Check amount Permit Number/Comments Refund/Reallocated 12/10/2014 Sun Technologies Sandeep Sharma B of A 12111/20141 Boatzright Inc. Kevin Thomas -.- First Citizens Bank 12/11/2014 Holden Dock 8 Bulkheads Don 8 Elizabeth Whitener First Communiry Bank 12/11/2014 SBME USE North Carolina B of A 12/12/2014 Riptide Builders, LLC same owner Donald Bean BB&T 1212 12/12/2014 Holden Dock & Bulkheads Dodson Baxter, Mauney First Community Bank 12/12/2014 Chides and Carol Walters Gloria G. Smith _ BB&T David Davis Steven Davis, Janice Baldwin David Davis SunTrust 12/15/2014ge of Bald Head Island _ same PNC Bank '.The Villa_ _ 12/17/2014 Stewart Engineering, Inc. - Sea View PropeNes PNC Bank 12/17/2014 Connaway Marine Construction, Inc David Wilson and Martin Covert B of A 12/17/2014 Oak Islantl Accommo mstru s _ _. Jay Motringer _ B88T 72/19/2014 Lighthouse Marine Construction inc _Maxwell Foods LLC '�B of A 1211912014 Town of North Topsail Beach _ _ same First Citizens Bank 12/19/2014 F and S Marine Contractors Inc DeSheminin PNC Bank 12/1912014 Western Union Money Order, Brandon Grimes Brian Forehand (see 1/5115 for add'I $400 MO) Wells Fargo Bank 12/19/2014 Western Union Money Order, Brandon Games Gail Wamsley Wells Fargo Bank 12/19/2014Atlantic Coast Industrial, LLC __same BB&T 12/19/2014 Northam Riverbont Marina and Hotel, LLLP same PNC Bank 12/22/2014 Coastal Marine Piers Bulkheads LLC Shinn Creek Estates Wells Fargo 12/22/2014 Clem/NHCo, ents Marine Construction Inc SmithYeaton/PNCo, Thompson/PNCo First Citizens Bank 12/22/2014 Coastal Urge LLC Jeff Nathan B of A 12@3/2014 Mark U Wild-Ramsing & Dina Wild-Ramsing Chambers/Jamby NC SECU 12/2312014 W. Wayne Holden _ _ _ _ _ Wilbur and Cecil Holden, major permit _ _ _ Wachovia 12/30/20141 Logan Marine LLC Porter's Neck Property Investments, LLC _-_Corning Federal Credit Union 5073. $436.00 Vio#14-11 D $200.00 GP 65069D $200.00 GP 64061 D $400 00 major fee Wilmington, NHCo $50 00 minor exemption fee, Ons $600 00 GP 64087664088D, 65044D 9$200ea $200 00 GP 640850 _ $100 D0 minor fee 1203 Ocean Blvd TB PNCo _ $ 10 0 00 _renewal fee MP 22 10, BrCo $200,00 fees for mod & renewal, MP 141-07, NHCo $200 00 GP 52465D $100 00 minor fee, 703 Caswell Bch Br_Co $600.00 GP 65071D $100 00 minor mod for MP 92-14 $200.00 reissue, GP 64045D $200.00 reissue, GP 64041D $200.00 reissue, GP 63926D 18051 5955i � 4728. _ 75251 5958 7988 1596 57246 _ _ 1217% 6895 35194 5194 39043 4223 17-135019617 17-135019618 7451 $200.00 GP 65072D is reissue of 63951D 3818 $100.00 renewal fee, MP 44-07 19W $100.00'me fee, MP 72-82 3673 $750.00 3 MP fees @$250 each 2263 $250.00 major fee, NHCo 5323 um.00 GP 2394 $100.00 renewal fee, MP 77-93 1144 $200.00 GP 65074D 12/31/2014 Grice Construction of Brunswick Co _ Snow, Mueller, and Stone BB&T 10045 $600.00 GP 65048D 9D$200 GP 6SG47D 0$200 — - GP 65046D @$200 _ 12/31/2014 H5 Conshuctioq LLC Kevin Pless _BB&T 1158 $200.00 GP 85049D 1/5/2015, Westem Union Money Order, Brandon Grimes ,Brian Forehand (see 12/19/14 for add'I $200 MO) :Wells Fargo Bank _ 1/512015-The North Carolina Coastal Federetion 'same First Citizens Bank 17-135019698 $400.00 GP 52464D reissue of 64041 D 158831 $475.00 MP Stump Sound Hab. Rest., One -II d�1 Stump Sound Oyster Reef Habitat Restoration Project Applicant: North Carolina Coastal Federation, Inc. Date: December 23, 2014 Essential Fish Habitat Assessment Proposed Project The North Carolina Coastal Federation (Federation) has been funded by the Estuary Restoration Act (ERA) through the U.S. Army Corps of Engineers, Wilmington District to implement the North Carolina Estuaries Restoration Project. This Essential Fish Habitat Assessment is part of a comprehensive EFHA for the entire ERA project. This EFHA focuses on the Stump Sound Oyster Reef Habitat Restoration Project. The North Carolina Coastal Federation is proposing to create and restore 14,400 square feet of shallow subtidal Eastern Oyster (Crassostrea virginica) patch reef habitat in a 1.003 acre (43,680 square feet) project area in Onslow County in Stump Sound adjacent to Spicer Bay. The proposed project will use a maximum of 2,040 bushels of oyster shell and 120 bushels of marine limestone marl to create a series (36) of low profile patch oyster reefs in the 1.003 acre project area. Need for proposed action Global bivalve shellfish habitats, in particular oyster reefs, are one of the most threatened habitats in the world (Beck et al. 2009). In more than half of the world's marine ecoregions, American Oyster (Crassostrea virginica) populations, the primary intertidal and subtidal reef - building species along the eastern coast of the United States, have declined more than 90% from historic levels. Functional extinction (>99% loss) of oyster reefs in estuaries is common (Beck et al. 2009) and habitat losses exceed levels reported for more well-known coral reef, mangrove, and seagrass habitats. Both human activities and natural phenomena — over -harvest, disease, coastal development and habitat disturbance — have affected oyster distribution and abundance, as well as contributed to oyster habitat losses (Lenihan and Peterson 1998, Coen and Luckenbach 2000, Luckenbach et al. 1999, Breitburg et al. 2000). In 2007 the National Oceanic and Atmospheric Administration's (NOAA's) Eastern Oyster Biological Review Team conducted a status review of the eastern oyster (EOBRT 2007). The review determined that the oyster harvest along the East Coast of the United States is only 2 percent of the peak historical harvest and that oyster restoration and enhancement efforts are "necessary to sustain populations" in about half of the estuaries in the middle and south Atlantic Ocean coast. The historical oyster harvest in North Carolina is showing significant decline (Street et al. 2005), and they are currently listed as a species of concern. Estimates of historical acreage of oyster reefs compared to current levels determined through N.C. Division of Marine Fisheries Substrate Mapping Program, suggest a 50% decline in oyster reef habitat in North RECEIVED Carolina. JAN 18 10a Once valued primarily as a food resource, oysters are now recognized as ecosystem engineers ncff�_nsH� a rr (Jones et al. 1994). Oyster reefs are regarded as one of the key structural elements within southeast estuaries. Reefs create complex habitats used by fish, crustaceans and bivalves — RECEIVED DCM WILMINGTON, NC DEC 2 9 2014 including commercial and recreational species — as well as other invertebrates, birds and mammals (Zimmerman et al. 1989; Wenner et al. 1996; Coen et al. 1999; Coen and Luckenbach 2000, Meyer and Townsend 2000). Oysters can also improve water quality and clarity by filtering large quantities of water. One mature oyster can filter approximately 200 L of water per day (Nelson et al. 2004; Newell 2004; Grizzle et al. 2008). Observed declines in oyster populations not only affect the resource but are also closely associated with adverse effects to reef -associated species and reduced water quality, ultimately leading to shifts away from "natural" ecosystem functioning. Few species are as readily identified as being fundamental to the functioning of estuarine systems as oysters are. Recent global analyses suggest that shellfish reefs are near or past functional extinction in many regions (Beck et al. 2009). Management strategies, including restoration efforts designed to conserve or even improve reef conditions, are recommended to reverse the negative consequences of reef losses (Brumbaugh et al. 2006, Beck et al. 2009). Unlike many other global regions, oyster reefs in the southeastern United States are characterized as good -to -poor (Beck et al. 2009), in part because of historical under -exploitation and, until the 1990s, delayed coastal development. Although far from ideal, the good -to -poor condition of southeastern oyster habitats represents an opportunity to be proactive environmentally and attempt to reverse the losses before oyster reefs become functionally extinct in the region. Purpose of proposed action The federation will coordinate with the N.C. Division of Marine Fisheries and the University of North Carolina at Wilmington, shellfish growers and harvestors community volunteers and students to enhance, restore and protect restore 14,400 square feet of shallow subtidal Eastern Oyster (Crassostrea virginica) patch reef habitat in a 1 acre project area in Onslow County in Stump Sound adjacent to Spicer Bay. The project will be monitored by university researchers and federation staff working with volunteers to document their success. The project will use loose shell and small limestone marl for the patch reefs. Public awareness and support for the protection and restoration of these habitats will be expanded through educational and outreach activities and public participation in the project by teachers, students, community members and volunteers. The project will implement estuarine habitat creation and restoration objectives described in the N.C. Oyster Protection and Restoration Action Plan, the N.C. Oyster Fishery Management Plan, and the N.C. Coastal Habitat Protection Plan, the Onslow Bight Conservation Forum and the Cape Fear Arch Conservation Council plan. These estuarine systems have some of the highest species diversity and productivity in the Southeastern Atlantic region. Oyster habitats are the primary hard -bottom structure in the southeast near shore coastal region in North Carolina. Oyster reefs support both commercial and recreational harvesting, work towards improving water quality, provide habitat for many non -shellfish species (e.g., marketable fish and crabs), as well as protect shorelines from erosion. Salt marsh habitat RECEIVED provides primary production for estuaries; water quality benefits; habitat for commercially and recreationally important fmfish and shellfish; flood and storm surge buffering JAN 18 1015 2 Mb"-WAPIM ✓•It* RECEIVED DCM WILMINGTON, NC DEC 2 9 2014 Stump Sound contains significant areas of oyster beds and maintains high levels of annual oyster spat fall. However, due to continuing harvest pressure and sedimentation rates, a significant amount of viable oyster reef has been lost. Providing adequate reef and settlement substrate will significantly enhance the oyster population and oyster reef habitat in the lower river estuary. All the reef habitat constructed through this project will be placed in permanently closed shellfish waters or will be designated as a research sanctuary, and therefore will not be subject to commercial or recreational harvest. Methodology Shallow subtidal Eastern Oyster (Crassostrea virginica) patch reef habitat will be created as a result of the proposed project. The federation will work with the N.C. Division of Marine Fisheries, researchers from UNCW, and local oyster harvesters to select the oyster reef restoration site within the project areas, and select the reef layout and design the reefs. The reefs will be placed within the project area at a site that is appropriate for oyster reef development, oyster larval recruitment and settlement and nekton and epifauana utilization. The reef site will be located just inside of the line marking the permanent closure of waters to shellfish harvest due to bacteriological contamination. While the bacteria are not harmful to reef development and the oysters health, their presence closes the area to harvest. Placement of the reefs just inside the closed area eliminates a user conflict of closing open shellfish waters to build and protect the habitat restoration sites. Placing the reefs in the closed areas will also allow for more research and comparison of oysters further upstream and closer to the pollution sources in the closed areas. The federation will coordinate the reef building with the N.C. Division of Marine Fisheries and researchers. The reefs will be designed with suitable elevations, patch size, inter -reef habitat, surface and edge complexity and shell layer thickness to allow for maximum potential for oyster larvae recruitment and settlement, water flow and transport of oxygen and food for the oysters, habitat provision and other ecosystem services. The federation will mark the project site and reef locations with PVC poles according to the designated project design prior to reef construction. The proposed project will use oyster shell to create the intertidal and shallow subtidal oyster reefs. A limited amount #4 marine limestone marl may be used in conjunction with the oyster shell. Marl is a suitable reef material and is utilized by N.C. Division of Marine Fisheries for oyster reef enhancement activities. Using marl in conjunction with oyster shell supplements the amount of reef material and enables further evaluation of marl as reef material in estuaries along the coast. The oyster reef material will be purchased from oyster shucking houses and quarries (marl) and transported by truck to a stockpile location near each project site. Project contractors will load the reef material onto small, shallow draft barges. The barges will travel to the project site where RECEIVED the contractor will spread the shell into the reef locations as indicated by the PVC poles placed JAN 16 1015 earlier. Using its flat bottom boat, the federation will be monitoring the reef construction activities and will check the placement of the shell to ensure that it meets the project design 0QM=MA9 R'n specifications. Upon the satisfactory completion of the reef material deployment the federation RECEIVED DCM WILMINGTON, NC DEC 2 9 2014 will place signage on the project area posts and work to have the site proclamated as a shellfish research sanctuary. Post project monitoring will be begin and occur according to the monitoring schedule. Previous monitoring of our restored oyster reefs in North Carolina indicates that these reefs provide oyster habitat during the first spatfall season, and that recruitment may be heavy, depending upon larval availability and seasonal fluctuations. Oysters generally reach maturity in two to three years, and the reef will provide oyster habitat for as long as the reef exists, since new oysters will continue to attach onto previous oyster shell layers, even in a scenario of rising sea level. Lifecycle estimates of the individual oysters are highly variable, and are not impacted by the project, but by natural predation, oyster diseases, pollution, etc. Monitoring of our previously created oyster reefs also show that these reefs provide habitat and are used by a variety of finfish during the first year. Again, the reefs will provide habitat for finfish for as long as the reefs exist. Since the reefs are formed from oyster shells, there is no known limit to the structure lifetime. Sea level rise predictions are expected to increase significantly over the next century, and it is currently unknown whether oyster recruitment patterns will be able to be sustained during periods of rapid sea level rise. Essential Fisheries Habitat, Habitat Areas of Particular Concern, and Managed Species The 1996 Congressional amendments to the Magnuson -Stevens Fishery Conservation and Management Act (MSFCMA) (PL 94-265) set forth new requirements for the National Marine Fisheries Service (NMFS), regional fishery management councils (FMC), and other federal agencies to identify and protect important marine and anadromous fish habitat. These amendments established procedures for the identification of Essential Fish Habitat (EFH) and a requirement for interagency coordination to further the conservation of federally managed fisheries. Table 2 shows the categories of EFH and Habitat Areas of Particular Concern (HAPC) for managed species which were identified in the Fishery Management Plan Amendments of the South Atlantic Fishery Management Council and which may occur in southeastern states. Table 3 lists, by life stages, 77 fish species which may occur in the vicinity of the project area and which are managed under MSFCMA. These fish species and habitats require special consideration to promote their viability and sustainability. The potential impacts of the proposed action on these fish and habitats can be seen in Table 2 and are discussed below. Estuarine Water Column The estuarine water column is defined as a medium of transport for nutrients, larvae and migrating organisms between river systems and the open ocean. The impact of this project is expected to be permanent but minimal. This project will not impede the flow of waters to or from RECEIVED wetland areas nor the ocean waters. This project intends on adding hard substrate on which multiple organisms, especially oysters, may attach and produce an abundance of larvae. The BAN 16 1015 additional abundance of larvae will help restore the oyster population in North Carolina. The erty impacts on the estuarine water column are expected to be minimal. RECEIVED 4 DCM WILMINGTON, NC DEC 2 9 2014 Intertidal Flats Effects to intertidal flats will be the addition of complex substrate to the flats. Small areas of the flats will be covered with reef material, however research indicates that benthic processes continue and may be enhanced as the created reef matures. Oyster Reefs and Shell Banks The project protocols and coordination with the N.C. Division of Marine Fisheries prohibit deployment of cultch materials on existing shellfish resource. Seagrass and Submerged Aquatic Vegetation (SAV) No seagrasses/SAV exist within the project area. State —Designated Areas Important for Managed Species Primary and Secondary Nursery Areas are designated by the NC Marine Fisheries Commission and are defined as tidal saltwaters that provide essential habitat for the early development of commercially important fish and shellfish. This project provides nursery habitat that is consistent with primary and secondary nursery areas. Unconsolidated Soft Bottom Surficial sediments on a soft bottom can act as habitat for a variety of microscopic plants and benthic epifauna/infauna species. These organisms may serve as food sources for many other organisms. These other organisms in turn can feed larger, economically important, fishery species such as red drum, summer flounder, spot, atlantic croaker, weak fish, and striped bass to name a few. The project area consists predominantly of shallow subtidal soft bottom habitat ranging in depth from -Oft to -2.5ft NVGD. Given the nature of environment and human induced stressors on these communities the dominant organisms are opportunistic in nature and thus are adapted to a relatively rapid colonization and recovery. The area to be filled consists of soft/sandy bottom and the impact to this EFH would be permanent. Areas of soft bottom will be present between the patches of material as well as expansive soft bottom habitat surrounding the cultch plantings. The activities proposed have been demonstrated to have minimal effects overall on this EFH type, but it is important to consider post -larval development that may occur in these areas. This habitat serves as feeding and resting grounds of juvenile and adult species. Thus, these organisms may be indirectly affected by filling of the substrate. But, given the mobility of the organisms resting or feeding and the extensive areas of remaining soft bottom, the area of RECEIVED disturbance is likely to have no significant adverse effects. JAN 16 2015 Additional Project Area Concerns t)GM-MHD CITY? In addition to EFH species in Table 1, prey species such as spot, croaker, and pinfish may also occupy the estuarine waters of North Carolina during varying life stages. The proposed project will not adversely affect prey species populations. RECEIVED DCM WILMINGTON, NC DEC 2 9 2014 Impact Summary for Essential Fish Habitat The objectives of this project are to enhance/restore and protect shallow subtidal patch oyster reef habitat in the Stump Sound area. The targeted estuary has environmental conditions that will allow oyster recruitment and provide for the subsequent survival and growth, and it has areas suitable for salt marsh restoration. Created oyster reefs are created to change habitats from a soft substrate to a mixture of hard and soft substrates by adding cultch materials in a low profile (< 0.5m.) deployment scheme. These reefs are generally deployed to provide fisheries habitat in a desired location that provides some measurable benefit to several different species as well as humans. When manmade reefs are constructed, they provide new hard substrate similar in function to newly exposed hard bottom (Goren, 1985). Aside from the often obvious differences in the physical characteristics and nature of the materials involved in creating a manmade reef, the ecological succession and processes involved in the establishment of the epibenthic assemblages (i.e. oysters) occur in a similar fashion on natural hard substrates and man -placed hard substrates (Wendt et al., 1989). Finfish use natural and manmade hard substrates in very similar ways and often interchangeably (Sedberry, 1988). The changes in species composition and local abundance of important species in a specific area are often seen as the primary benefits of artificial reef deployment activities. Additional benefits of created oyster reefs placed on soft bottoms are the increase of diversity and edges. The increase of biotic diversity is accomplished by adding hard substrate where none existed. This in turn will attract organisms that settle on hard bottom but cannot settle on a shifting bottom and then attract predators that feed on these sessile organisms. Edges can be described as areas of transition between habitat types. Edges can also create areas of high diversity, more so than over continuous areas of one habitat type. This has come to be known as the edge effect principle. The edge created by deploying cultch material onto a soft bottom habitat may also create a habitat of its own. The edge habitat is a culmination of the two habitats (i.e. soft and hard substrates) because it is inhabited by a characteristic set of species. By adding hard substrate to a soft bottom habitat the possible effect is that a third habitat is created. This has been observed on oyster sanctuary mounds where reef fishes congregate near the center of the substrate to graze on algae and are afforded the sense of security. Sheepshead, on the other hand, patrol the edge of the substrate foraging out into the soft bottom habitat but continuously return to hard substrate. Oysters have often been described as the "keystone" species in an estuary (Bahr and Lanier 1981) and provide significant surface area as habitat. Sometimes compared to submerged aquatic vegetation in the Mid -Atlantic States, the oyster community has been identified as critical to a healthy estuarine ecosystem. Direct and indirect ecosystem services (filtering capacity, benthic- pelagic coupling, nutrient dynamics, sediment stabilization, provision of habitat, etc.) derived from the oyster reef have been largely underestimated (Coen and Lukenbach 1998). Oyster reefs can remove, via filter feeding, large amounts of particulate material from the water column, and release large quantities of inorganic and organic nutrients that will benefit other co -inhabitants 4CEIVED the reef (Haven and Morales -Alamo 1970; Dame and Dankers 1988; Dame et al. 1989). JAN 16 1015 WHWHE) ern RECEIVED DCM WILMINGTON, NC DEC 2 9 W4 The ecological role of the oyster reef as structure, providing food and protection, contribute to its value as a critical fisheries habitat. The three-dimensional oyster reef provides more area for attachment of oysters and other sessile organisms and creates more habitat niches than occur on the surrounding flat or soft bottom habitat. Clams, mussels, anemones, polychaetes, amphipods, sponges, and many species of crabs are part of the oyster reef community. The invertebrates recycle nutrients and organic matter and are prey for many finfish. Red and black drum, striped bass, sheepshead, weakfish, spotted seatrout, summer and southern flounder, oystertoads, and. other fish frequent the oyster reef. Created oyster reefs are known to promote extensive invertebrate communities and enhance habitat for reef fish and other fish species, including cryptic, tropical, and gamefish species, as well as many of commercial or recreational significance. The success of a reef and its contributions to stock enhancement varies geographically and is determined by a wide range of complex parameters, including existing habitat, physical limitations, material design, reef configuration, reef management, and the health of the targeted species complex, which in turn is reliant on effective fisheries management locally, regionally, and nationally. This potential is further enhanced since domestic reef programs today possess better information and improved technology and are more focused in using this tool towards specific stock enhancement and fishery management needs. For species which may be to some degree habitat -limited, the establishment of additional suitable habitat targeted to specific life -history stages may improve survival. Additional manmade habitat designed specifically to promote survival of targeted species in "protected" areas could potentially enhance existing ecosystems or create new ones to fill in gaps where essential fish habitat had been damaged, lost, or severely over -fished. Man-made structures also may provide essential habitat while simultaneously acting as a deterrent to illegal fishing practices in specially managed areas. (e.g. oyster sanctuaries). Free swimming organisms will be able to avoid the area directly affected by project activities and move to other soft bottom habitat and thus impacts to these organisms shall be minimal. Some impacts to EFH will be permanent since the deployment of cultch onto soft bottom will change the availability of the bottom under the reef material. In contrast to the permanent impacts to the existing EFH, the ecological functions of oyster reefs, be it manmade or natural, are numerous and an essential component of the estuarine system. While a few EFH types will be subject to temporary impacts and other EFH categories will have permanent impacts, these disturbances are trade-offs that will increase the biomass of oysters and salt marsh to help restore the oyster population, creating habitat that supports high diversity and multiple ecological functions. Implementation of this project is not expected to cause any significant adverse impacts to any managed species and in fact will hopefully facilitate the recovery of the oyster population and its beneficiaries, add essential fish habitat, create RECEIVED additional salt marsh habitat for fishery utilization and benefit estuarine systems. JAN 16 1015 RECEIVED DCM WILMINGTON, NC DEC 2 9 20A Table 1: Essential Fish Habitat and Habitat Areas of Particular Concern in Southeast United States n ' (N/A — Not Applicable; NS — Not Significant) ESSENTIAL FISH HABITAT Present within or adjacent to roject area Impacts from filling for oyster cultch planting Estuarine Areas 1. Aquatic Beds NO N/A 2. Estuarine Emergent Wetlands NO N/A 3. Estuarine Scrub/shrub Mangroves NO N/A 4. Estuarine Water Column YES permanent 5. Intertidal Flats YES NS 6. Oyster Reefs & Shell Banks YES NO 7. Palustrine Emergent & Forested Wetlands NO N/A 8. Seagrass YES NO Marine Areas 9. Artificial/Manmade Reefs NO N/A 10. Coral & Coral Reefs NO N/A 11. Live/Hard Bottoms NO N/A 12. Sar assum NO N/A 13. Water Column NO N/A GEOGRAPHICALLY DENFINED HABITAT AREAS OF PARTICULAR CONCERN Area -Wide 14. Council -designated Artificial Reef Special Management Zones NO N/A 15. Hermatypic (reef -forming) Coral Habitat & Reefs NO N/A 16. Hard Bottoms NO N/A 17. Hoyt Hills NO N/A 18. Sar assum Habitat NO N/A 19. State -designated Areas Important for Managed Species YES NO 20. Submerged Aquatic Ve etation SAV YES NO North Carolina 21. Big Rock NO N/A 22. Bogue Sound NO N/A 23. Cape Fear, Lookout & Hatteras (sandy shoals YES NS 24. New River YES NS 25. The Ten Fathom Ledge NO N/A 26. The Point NO N/A Areas shown are identified in Council and are included in E: February 1999. (Tables 6 and Plan Amendments of the South Atlantic Fishery Management RECEIVED JAN 16 1015 DCM-MHo r" RECEIVED DCM WILMINGTON, NC DEC 2 9 2014 Table 2. Essential Fish Habitat (EFH) Species of North Carolina oyster producing waters. Source: NMFS, Beaufort, North Carolina, October 1999. E=Eggs; L=Larval; J=Juvenile; A=Adult; N/A=Not Found EFH FISH SPECIES Lockwoods Folly Bluefish E L J A Summer flounder L J A Gag grouper J Gray snapper J Dolphin N/A Cobia E L J A King mackerel J A Spanish mackerel J A Black sea bass L J A Spiny dogfish J A Brown shrimp E L J A Pink shrimp E L J A White shrimp E L J A Atlantic bi e e tuna N/A Atlantic bluefin tuna N/A Ski 'ack tuna N/A Lon bills earfish N/A Shortfin mako shark N/A Blue shark N/A Spinner shark N/A Swordfish N/A Yellowfin tuna N/A Blue marlin N/A White marlin N/A Sailfish N/A Calico scallop N/A Scalloped hammerhead shark J A Big nose shark J A Black tip shark J A Dusky shark J A Night shark J A Sandbar shark J A Silky shark J A Tiger shark J A Atlantic shar nose shark J A Lon in mako shark J A Whitetip shark J A Thresher shark J A RECEIVED JAN 10 2015 111-43VAoM rtry RECEIVED 9 DCM WILMINGTON, NC DEC 2 9 2014 References Bohnsack, J. 1989. Are high densities of fishes at artificial reefs the result of habitat limitation or behaviorial preference? Bulletin of Marine Science 44(2): 631-645. Dame, R. F. and N. Dankers. 1988. Uptake and release of materials by a Wadden Sea mussel bed. Journal of Experimental Marine Biology and Ecology 118:207-216. Dame, R. F., J.D. Spurrier, and T.G. Wolaver. . 1989. Carbon, nitrogen, and phosphorus processing by an oyster reef. Marine Ecology Progress Series 54: 249-256. Florida Museum of Natural History. 2003 (FLMNH). hiip://www.flmnh.ufl.edu Goren, M. 1985. Succession of benthic community on artificial substratum at Elat (Red Sea). Journal of Experimental Marine Biology and Ecology 38: 19-40. Haven, D. and R. Morales -Alamo. 1970. Filtration of particles from suspension by American oyster, Crassostrea virginica. Biological Bulletin 139: 248-264. Roundtree, R.A. 1989. Association of fishes with fish aggregation devices: effects of structure size on fish abundance. Bulletin of Marine Science 44:960-972. Sedber y, G. R. 1988. Food and feeding of Black Sea Bass, Centropristis striata, in live bottom habitats in the South Atlantic Bight. Journal of the Elisha Mitchell Scientific Society 104:35-50. Wendt, P. H., D. M. Knott, and R. F. Van Dolah. 1989. Community structure of the sessile biota on five artificial reefs of different ages. Bulletin of Marine Science 44:1106-1122. 10 RECEIVED JAN 18 1015 pawa-nwoy rlry RECEIVED DCM WILMINGTON, NC DEC 2 9 20% ALTM�o-`A` FCDEEIR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Donald R. van der Vaart Governor Secretary January 13, 2015 North Carolina Coastal Federation Attn: Ted Wilgis 530 Causeway Drive, Suite F-1 Wrightsville Beach, NC 28480 Dear Mr. Wilgis: The Division of Coastal Management hereby acknowledges receipt of your application for the NC Coastal Federation Stump Sound Oyster Reef Habitat Restoration Project, located adjacent to Kings Creek and the AIW W, in Holly Ridge, Onslow County. It was received as complete on December 29, 2014 and appears to be adequate for processing at this time. The projected deadline for making a decision is March 16, 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 29, 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 I I3A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. lY, J on ail ! RECEIVED F el epresentative Cc: WiRO file, DCM JAN 16 2015 Joanne Steenhuis - DWQ-en:e�ua a+ Larry Williford — LPO, Holly Ridge 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal OPPorlunity 1 A1Pomalim Action Employer NOTI(S1011 AMA PERMIT APPLIED FOR PROJECT: -Applicant proposes to construct a series of 34 oyster, 111CArine Mestene mar! reefs for-ated at the mouth of Ilnnc week. adiacent to the fl mp dAIWW, On Sturnp Sound, W County. COMMENTS ACCEPTED THROUGH _ Fabruan(7 2015 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Jason Dail, Field Representative 910-796-7221 North Carolina Coastal Federation Working Together for a Healthy Coast December 23, 2014 Mr. Jason Dail NC Division of Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 RE: CAMA Major Permit Application - Stump Sound Oyster Reef Habitat Restoration Project Dear: Please accept the enclosed completed application, attachments and permit fee of $475.00 as an application for a Coastal Area Management Act (CAMA) Major Permit for the Stump Sound Oyster Reef Habitat Restoration Project. The North Carolina Coastal Federation is proposing to create and restore 14,400 square feet of shallow subtidal Eastern Oyster (Crassostrea virginica) patch reef habitat in a 1 acre project area in Stump Sound in Onslow County. For the application, I have attached: 0 Project description and narrative 0 NCDCM CAMA Major Permit Application DCM MP-1 0 NCDCM CAMA Major Permit - Excavation and Fill Information DCM MP-2 0 Project work plans and drawings - Sheets 1-7, including a location map 0 Essential Fish Habitat Assessment 0 $475.00 application fee I did not include adjacent property owner information or notifications for the project per the DCM provided example of a CAMA Major permit application for a previously permitted similar oyster restoration project. Please feel to contact me if you have any questions or need any additional information. Thank you very much for your time and consideration. S ince RECEIVED JAN 16 2015 Coastal Federation (910) 509-2838 Ext. 202 (910) 509-2840 fax tedw@nccoast.org \Attachments Northeast Office NC Coastal FederaBon Headquarters and CenVal Office 128 Grenhlle Street 3609 N.C. 24 (Ocean) • Newpom NC 28570. 252.393,8185 • w nccoast.org Mango, NC 27954 252.473,1607 RECEIVED DCM WILMINGTON, NC DEC 2 9 201i RECEI DCM WILMI NC Southeast Offi� S 309 W. Salisbury SUIEC `201 Wrightsville Beach, 28480 910.509.