HomeMy WebLinkAbout67-18 MM 2022 City of JacksonvillePermit Class
MODIFICATION/MAJOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to City of Jacksonville, PO Box 128, Jacksonville, NC 28540
Permit Number
67-18
Authorizing development in Onslow, County within Farrell and Morgan Bays, in New River, near
Camp Lejeune and the City of Jacksonville, as requested in the permittee's application dated 3/24/22, including
the attached workplan drawings (26), Photo/Plats 3-11 of 11 and Maps 1-17 of 17 all dated 3/24/22.
This permit, issued on August 26, 2022 , 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
5e suodect to tines, imprisonment or ctvu action; or may cause me permit to oe min ana vora.
Oyster Reef Site Additions
1) Unless specifically altered herein, this permit authorizes the expansion of oyster reef sites
1,2,3,4,6,7,8,11 and 12, located in Farrell and Morgan Bays, New River, all as depicted in the
attached permit application, project narrative, and workplan drawings Maps 4-7, 9,11,12,15 and 16 of
17.
NOTE: Due to concerns from the USMC Camp Lejeune concerning unexploded ordinance, oyster
reef sites 5, 9, 10 are prohibited from expansion at this time.
(See attached sheet for additional conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
August 26, 2027
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
9//
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
City of Jacksonville
ADDITIONAL CONDITIONS
Permit No. 67-18
Page 2 of 2
2) In accordance with commitments made by the permittee, reef construction within the site shall be
accomplished using prefabricated structures known as Oyster Castles and Oyster Catchers Patties and
Rods, all as depicted in the attached workplan drawings Photos/Plats 4-5 of 11. All materials shall be
free from loose dirt or pollutants except in trace quantities.
General
3) In order to satisfy concerns of the resource agencies and in order to protect juvenile shrimp and finfish
populations, no oyster reef site additions shall be constructed between April 1 and September 30 of any
year without the prior approval of the Division of Coastal Management, in consultation with appropriate
resource agencies.
4) The permittee is advised that any proposed expansion of the oyster reef sites may be affected by
evidence of submerged aquatic vegetation. All available precautions shall be utilized to ensure that
damage to SAV habitat does not result from the construction of the authorized project.
5) 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.
6) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
7) This Major Modification shall be attached to the original Permit No. 67-18, which was issued to the
permittee on 6/29/18, and copies of both documents must be readily available on site when Division
personnel inspect the project for compliance.
8) All conditions and stipulations of the active permit remain in force, under this Major Modification,
unless specifically altered herein.
NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW-
2017-02514.
NOTE: The N.C. Division of Water Resources has authorized the proposed project under Water Quality
Certification No. 0049724175 and assigned the proposed project DWR Project No. 2018-0260
v3.
NOTE: An application processing fee of $475 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
DIVISION OF COASTAL MANAGEMENT
Application Processing Notes
Applicant:
Type: (Check all that apply)
New __ __ Major Mod -�L Permit# a-lbinor Mod Renewal -_
Permit Coordinator: _
Field Representative: 11'�1`Q _uuv
Date Time
uIuIacaa
lok I,ovwt it (m� {v
CVJ 05
Message
Transfer
I
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
City of Jacksonville
Pat Donovan -Brandenburg
Dear Ms. Donovan -Brandenburg,
NORTH CAROLINA
Environmental Quality
August 9, 2022
�2
F
(via email pdonovan-brandenburg@jacksonvillenc.gov
This letter is in reference to the application submitted for a Coastal Area Management Act Major
Modification to expand the existing Oyster Highway in New River, Onslow County.
Although processing of the application is nearing completion, additional time is needed for this
office to complete the review and make a decision on your request. Therefore, it is necessary that
the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c)
which would make October 30, 2022 the new deadline for reaching a decision on your request.
However, we expect to take action prior to that time and will do so as soon as possible. In the
interim, should you have any question on the status of your application, do not hesitate to contact
me by phone (252-515-5416) or e-mail (gregg.bodnar@ncdenr.gov).
Cc: DCM files
Sincerely,
Gregory W. Bodnar
Assistant Major Permits Coordinator
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808
Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Tuesday, August 9, 2022 9:35 AM
To:
Pat Donovan -Brandenburg
Cc:
Weychert, Curtis R
Subject:
Oyster Highway extension
Attachments:
Jacksonville (Oyster Hwy) EXT.pdf
Morning Pat,
Please see above for the extension. Currently I am waiting on USACE which their comment period ends 8/22. Once
those comments are back I should be able to make a final determination shortly thereafter.
Regards,
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregg.Bodnar@ncdenr.eov
Find a Field Rep (arcgis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Bodnar, Gregg
From: Bodnar, Gregg
Sent: Friday, July 8, 2022 10:32 AM
To: Harding, Kimberlee Ic; Dunn, Maria T.
Subject: Oyster Hwy data
Attachments: [External] FW: Oyster Hwy; [External] RE: WRC comments; [External] RE: WRC comments
Morning all,
Please see above for documentation concerning your comments relating to progress.
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
G regg.Bodnar@ ncdenr.Rov
Find a Field Rep (arwis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Bodnar, Gregg
From: Bodnar, Gregg
Sent: Friday, July 8, 2022 10:31 AM
To: Harding, Kimberlee k, Dunn, Maria T.
Subject: Oyster Hwy data
Attachments: [External] FW: Oyster Hwy; [External] RE: WRC comments; [External] RE: WRC comments
Morning all,
Please see above for documentation concerning your comments relating to progress.
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Greeg.Bodnar@ ncdenr.eov
Find a Field Rep (arcgis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
DCM Coordinator: Permit
MAILING DISTRIBUTION SHEET
Permittee: L'r he r;F icf .t ✓�IE ? ! 4.11�1024— ZP,
� jcclC-scu�'l�
Agents: �cl� — 6�
DCM Field Offices ZYU
Elizabeth City Washington (with revised work plan drawings)
Morehead City Wilmington (OBJECTIONS )
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecwme (NC DOT -Remainder ECity/Washington District)
Wilmington:
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Renee Gledhill -Earley at Environmental.Review@ncdcr.gov
Heidi Cox (WIRO)
Kim Harding
David Hams
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARO)
Jimmy Harrison
Washington: Chris Pullinger — 401
TBD - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider — 401 (Fender, Brunswick, New Hanover)
John Perry — 401 (Onslow, Carteret)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WARD)
Natural Heritage Program Rodney Butler C
LPO: � t?&M 4 CO
(NCDOT) Travis Wilson
DCM MP-1
APPLICATION for
Ma,or Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (If applicable)
City Of Jacksonville
New River Estuary Oyster Highway
Applicant 1: First Name
MI
Last Name
Pat
Donovan -Brandenburg
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
state
P.O. Box 128
128
Jacksonville
NC
ZIP
Country
Phone No.
FAX No.
28540 0001
us
910 - 938 - 6446 ext.
We -
-
StreetAddress(fciflarentfromabove)
City
State
ZIP
815 New Bridge Street
Jacksonville
NC
28540-
Email
pdonovan-brandenburg@jacksonvillenc.gov
2. Agent/Contractor Information
Business Name
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 (0 dlllerent from above)
Cfty
State
ZIP
Email
<Form continues on back>
RECEIVED
252.808.2808 .. 1-888-4RCOAST .. www.nccoastaimanagement.net
DCM-MHD CITY
Form DCM MP-1 (Page 2 of 5)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Onslow,
na
na
Subdivision Name
city
State
Zip
na
Jacksonville
NC
28540 - 28547
Phone No.
Lot No.(s) (if many, attach additional page with list)
no- ext.
na, I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
New River Estuary
New River Estuary (Farnell Bay, Morgan Bay)
c. Is the water body Identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural []Manmade []unknown
New River Estuary
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
❑Yes ENo
work falls within.
na
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft)
na
9 new tracts' 22,602 sgft (0.518 ac) = 203,418 sgft (4.67
ac)
3 tracts on existing permitted areage22,602 sgft (0.518
ac) = 67,806 sqft (1.55 ac)
c.
Size of individual lolls)
d. Approximate elevation of tract above NHW (normal high water) or
na, I I
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
-1.25 m (NHW), -0.75 m (NWL) ENHW or RNWL
e.
Vegetation on tract
None. We are only going to work on shallow sand/mud mix bottom
f.
Man-made features and uses now on tract
na
g.
Identify and describe the existing land uses adiacen to the proposed project site.
Both the eastern and western shorelines of Farnell Bay and Morgan Bay belong to the Marine Corps Base Camp Lejeune
and Marine Corps Air Station New River. Witihn the New River Estuary, small personal fishing boats and duck hunting
boats will sometimes pass along the shallow margin of Famell Bay. Transiting boats use the marked channel in the deeper
sections of the New River Estuary. Commercial shellfishing (largely clamming) and shrimping occur primarily seaward of our
proposed sites (i.e., Stones Bay and south).
It.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
Coastal sound
(Attach zoning compliance certificate, if applicable)
[]Yes ❑No RNA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ENo
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ❑No RNA
If yes, by whom? RECEIVE
I.
Is the proposed project located Ina National Registered Historic District or does it involve a ❑Yes []No RNA
National Register listed or eligible property?
252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagemeDCr M-MHD CITY
Form DCM MP-1 (Page 3 of 5)
APPLICATION for
<Formi continues on next page>
Major Development Permit
m. (i) Are there wetlands on the site? []Yes NNo
(ii) Are there coastal wetlands on the site? []Yes; NNo
(!it) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes NNo
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
na
o. Describe existing drinking water supply source.
na
p. Describe existing stone water management or treatment systems.
na
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ®PublidGovemment
1--]Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The New River "Oyster Highway" will create oyster habitat stepping stones in the central portion of the New River Estuary
(NRE) that will host oyster brood stock populations that will supply larvae to habitats within the central and upper portions of
the NRE. We will deploy subtable substrate for oysters using a combination of (1) established oyster substrates (oyster
castles), and (2) novel substrate technology developed in eastern North Carolina as the means to support oyster populations
on the created stepping stone habitats. Enhanced oyster populations would provide valuable ecosystem services across the
watershed and serve as destination sites for recreational fishers.
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 stared.
See attached detailed narrative, maps, plats, and photos.
d. List all development activities you propose.
Oyster reef substrate placement (see attached narrative for further explanation).
e. Are the proposed activities maintenance of an existing project, new work, or both? Extension of existing project.
f. What is the approximate total disturbed land area resulting from the proposed project? 271,224 scift NSq.Ft or ❑
Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes NNo ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state. RECEIVE[
Na
MAR 2 5 202
I.' Will wastewater or stonnwaler he discharged into a wetland? Oyes ❑No
CM-MHD
If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No NNA
ITY
252-808.2808 :: 7.888-411COAST :: www.nccoastaimanagement.net
Form DCM MP-1 (Page 4 of 5) APPLICATION for
Major Development Permit
j. Is there any mitigation proposed? []Yes []No ®NA
If yes, attach a mitigation proposal.
<Form continues on back>
6. AdditlonalInformation
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) — (f)are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please 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 sufticlently 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.
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certi led 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 na, although see support letter from Marine Corps base Camp Lejeune Phone No.
Address
Name Phone No.
Address
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
h. Signed consultant or agent authorization form, if applicable.
I. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects In oceanfront and Inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project Involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. Ce►tiEcatilon and Permission to Entar 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 fad 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.
Dale _03/24/2022 Print Name _Pat Donovan -Brandenburg
SlgnettTe :: lA Yl 'A(Url
Please indicate application attachments pertaining to your proposed project. RECEIVED
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
252.808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net
DCM-MHD CITY
Form DCM MP-1 (Page 5 of 5) APPLICATION for
Major Development Permit
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures Information
RECEIVED
MAR 2 5 2022
DCM-MHD CITY
252-808-2808 :: 1-888-4RCOAST :: www.nccoostnimanagement.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
230 ft (9
new/exlende
d sites) - 3
sites will not
Length
require any
expansion
beyond
existing
permitted
area
98 ft (9
newlextende
d sites) - 3
sites will not
Width
require any
expansion
beyond
existing
permitted
area
Avg. Existing
NA
NA
3-5 ft
Depth
Final Project
NA
NA
3-5 It
Depth
1. EXCAVATION ®This section not applicable
a. Amount of material to be excavated from below NHW or NWL In b. Type of material to be excavated.
cubic yards.
c. (I) Does the area to be excavated include coastal wetlands/marsh
(CM, 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.
MAR 2 5 Z022
pCM_MHp CITY
12. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable
a. Location of disposal area.
b.
area.
252-808.2808 :: 1-886.4RCOAST :: www.nccoastaimanagement.net revised: 12126106
Fairtln ®H,M MP-2 (mccavation and Fill, Page 2 of 3)
c. (1) Do you claim title to disposal area?
❑Yes []No ❑NA
(it) If no, attach a letter granting permission from the owner.
d. (i) Will a disposal area be available for future maintenance?
[]Yes ❑No ❑NA
(ii) If yes, where?
e. (1) Does the disposal area include any coastal wetlands/marsh I. (i) Does the disposal include any area in the water?
(CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes ❑No ❑NA
or other wetlands (WL)? If any boxes are checked, provide the Ili) If yes, how much water area is affected?
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL []None
(11) Describe the purpose of disposal in these areas:
[]Bulkhead ❑Riprap ❑Breakwater/Sill []Other:_ Width:
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
e. Type of stabilization material: f. (1) Has there been shoreline erosion during preceding 12
months?
[]Yes []No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
Information.
g. Number of square feet of fill to be placed below water level. h. Type of fill material.
Bulkhead backfill _ Riprap
Breakwater/Sill_ Other —
I. Source of fill material.
4. OTHER FILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? Was []No ❑NA b. (1) Will fill material be placed In coastal wetlands/marsh (CW),
If yes,
(it) Amount of material to be placed in the water 14 ovate
castle reefs at each of twelve sites• 96 oyster catcher reefs at
each of twelve sites, and 2,176 aystar catcher tuffs at each of
eight sites
(ill) Dimensions of fill area Twelve 22.604 sgft tracts (9 tracts
will cover new acreage 3 tracts will have materials Placed on
existing permitted bottom)
(iv) Purpose of fill
To provide hard substrate for oysters and habitat for
fishes/crustaceans
suunie,gcu eyumm vcgcmuU„%+nVjj 0- uw-.1 - ,..
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV _ ❑SB
❑WL ®None
(II) Describe the purpose of the fill in these areas:
To provide hard substrate for oysters and habitat for
fishes/crustaceans
RECEIVED
MAR 2 5 2022
DCM-MHD CITY
15. GENERAL
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
Material will be deployed by hand from small boats.
252-808.2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net revised: 12126/06
Form DCM MP-2 (Excavation and Fill, Page 3 of 3)
Oyster castle material is comprised of interlocking bk)cks that have
demonstrated an ability to stay on site (together) even in high
energy intertidal settings (i.e., as living shoreline material
designed to reduce wave energy and shoreline erosion). Oyster
catcher material also forms interlocking units (particualdy as
oysters settle and grow on this substrate), and will be further
secured in place using posts driven Into the sediments through
the "donut hole" of the patties. Sites will be monitored long-term
to ensure material remains on she.
c. (i) Will navigational aids be required as a result of the project?
®Yes []No ❑NA
(ii) If yes, explain what type and how they will be implemented.
The boundaries (corners) of each 22,604 sgft tract will be
marked with 4" posts extending 6' above MHW. Each marker
post will include reflective bands (360') and signage indicating
the she as a restoration project (and shellfish research reserve).
03/24/2022
Date
New River Estuary Oyster Highway
Project Name
of Jacksonville (Pat Donovan -Brandenburg)
Applicant
Applicant Signature
d. (i) Will wetlands be crossed in transporting equipment to project
site? []Yes ®No ❑NA
(li) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
RECEIVED
MAR 2 5 202Z
DCM-MHD CITY
252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmananernent.net revised: 12/26/06
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.� —1 r... d (i.,s, and evaa sM kink 6akro. 1�t *wirlitm
F o: =MUM =" k tl� m 5ms, eaPtlmCm c:r ,.r us rl t. n, a:. w atmr cure the pasts N Ec ail it(lQ umll
tl U-Sem npac f-cdly ailed hems, iris pe**" r, cr-.n 's, the mxjir of abt t610-5 mere L- mw reef
vmr•. x- Ed = I r-till lky. New R^.er. :.H ns _cr.:.cd in tx itsfw4 pertmt applicttioe wajon
1: &,:. Ax �:�sr.aa Qtli+'Y.rQm
3) in tr ee 'a'i6 >nzmw=.= ma_'r i} thi permaree, reef cmutrwdon nttkm rbe cim Aa;l be
WM0jpLi'L, e:= Sl50WKVku' rrtA :..r:. lrawn a Odra (l1JLti tta1 1 /• .k r k ACk!M ell M
• Vkftd +• Ar Waist.". a 0icrim _n a"ge r-.cures roil, 4h-& Q,(L Th i *.1 OMd. Ia. 11 is
AAmmuiar: &-at rr free : kn,a dtn tY poUw to nwpl in tmee gsrliucA.
(%" anaeltad isms iw Addrtanal ( ondtriL%mv
AIr^mrtdm aN Namsmlm4retr -mom - �..,
0rittpamtrrtuvaq �711 mtTm,[vw .r..•�a .i
LD tl�m ate N 1w,.w ata�1 w U�alttttt
1.�1a11miNp jam r r.w..t r..p.r
JtOtmrm�n .ay . twa rra�r s iw...l
trmr�eetr*em rm OMrmrAttwl
Nwmr>•mta�, im0rr��ilapYm,w
R=11116WJLitl
.t�rY...tar.cll.. tm•n.Ormis..aw «.
1rmN Alta a amnlmr A b !mil Upelrm Clow
awwanumboam
igrnd bq ate NI&.a. "r ar u""" d ,-*q Md
Atasm Naar Cnara ;wWC4, .lenara!
� N
9lumat( C Dwi4 DUMW
)T"w o(Ccatmi llemrttlttat
Ita lwna arc in <amapas m beat+ctwM r
I
Si1lrmedFrteritart �
Photos/Plats:
1of11
2022_03_24
NREOH
Phase II
CAMA
Permit
(Modification
of Phase I
Permit)
M
m
M
v
pea w ORpeaam NuwAv
NODff 1C ATION ALAJOR 60-18
STATE OF NORTH CAROLDA
Depw=mf of L=cmu:ntaL (Nnalah-
atcd
C castaL Reatace: C ommuuw
Permit
1 \Sa; oa Dr.elopnunt to ao Aam of Ew'"Um"MW Ctmcaaa
pm-,uam toTCGS LIJA-I18
F ., a. att.0 aod'o. 6Eau pusuar ry NCG5 111?29
I:med to Cite of Jaekeanrdk. FO De: I.E. JackaaaviEr. NC 22.40
.{udotww de:ekap w r U.u..k t. C.•u h r tduo FwwU and ldq%" Drys. r Ne)a Rnd. atar
I snip Let~ mud dw CoyofJstLstwvtlle .t nuumv appbcabouloudl0'29'19O.ff-1)
aad LO?fiIE;SD-h. reYdigt dr rechrd te_3�:.�_�...:n_- •:: 3ared -Rec D(]W.4�[m 111S 1o..
Thu pecaut usmd as ]la; L _B_0 -_ -- ._. :caoplaooe wtth the appllodm i taLre conzwksot
wath the pet=t i all appLcade aeaolatim Ve -d c r..i-1c- in i - - •-- set Jonh kdea :lac tcaLom of tbete trews arc
ta: .Y. M uaas- atyuaatartst to cacr atuu .. aw, Faux . rc-_::l w a>at a aaun
O•neer Deed Site Addatiani
L) Calm %pen£ualh' Mari huts tL:: pe mct attthccue: the caeaum of an addtnana:>u (610.3 acre
ovan reef r.11es. i.4'lted to F.tewil and \{,n+ar. Ba. i Nw Ra1xt, all as deputed to die artacbed
penua appltcarica project n vj-.x and w mkTlan dcaainn
2) Iu uceadance with ccn:,m—iy u: made t�- rDe pe:aunee_ ne!<aasou,-n.-n w:�m t>k are :ha11 be
accampia:xcL u::c� pae£ah::atei :nucAne: kti: .+u a: Qrsea Cs:!k: acd P-sk: Ca�cha:. all a:
depacted m the wwhed x:akTLan d1a•.1s_
jtec arrached :beer: fat addio .;il cond3dom,
.. n_ ... r.— _ .. r.. ....., r. i. n.A' Id'+o -1F 0 ..._ __ t 1.-
Fabled yex:�m twmn l�l d'7- of ie 1-,=c ire
Ttu. p., toe b. a:c.ntbL av,r t. D.pa
.ba tb. part .. atw+.d fv cage6�r.
c_n mamaenmee wori nr pgen mod&ttnr eat caertd
aaa....... tpra. futdau L7alraw yRa+:
.'..LI aotL.... .. co" fthII 6% pvuut aaaate- W
Decenber It I. ?0?S
9ta,n,cC VOW,,Daeekr
D1.t t.m.,F(.t1 !ai%unagemeot
7L• periiitr tad tr. ceadlttm, m beeb7 attested
.ak du Kai Coeal
lima+m!rr %r+pc siptmae of Penis"
Photos/Plats:
2 of 11
2022_03_24
a
t
r R
LAL
Images of oysters on New River Oyster Highway Phase 1 reefs on
January 26, 2020. The oysters on Patties were transferred to
these site in April, 2019. Oyster densities in the photos were
estimated to be >100 oysters m-z.
Oyster Catcher"' - photos from Niels Lindquist
}
�3 4r vt,slv t 1 c
Plan View of Existing Reef Complexes
30 m
0 Oyster Castle® reefs
70 m Offshore Oyster Catcher"' patty reefs
3m 2m 8rn
I4m
000000000000009
I8m
00000000000000*
000*0000000000
3m
3m
3m
000000000000000
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• six — —0.5 acre reef development Nearshore
sites in Farnell Bay and Morgan Bay . reefs proposed to be located in near -
shore shallow water to:
(1) allow shore access to the reefs for
• 720 oyster castle° units per site; 90 recreational fishing; and
oyster castle reefs per site (2) avoid periodic hyoxia/anoxia events that occur in deeper
nwaters.
• 900 seeded oyster catcher patties 1 A Photos/Plats:
_
C m
per site; 90 oyster catcher reefs per o N 3 of 11
site N 0 2022_03_24
Plan View of Extended NREOH Reef Photos/Plats:
4 of 11 Q Oyster castle" reefs
Complexes 112,314,617,8111,12 2022_03_24
30 m
K�_
G
2022
30 m
70 m
Offshore Oyster Catcher TM
patty reefs
3m 2m 8m
~• ••••••••••••
I4m
•00000000000000
000000000000000
18111
000000000000000
000000000900000
00000000000000
6-8 m
3000000000000000 m
~ �•••••••••••••
4m
••••••••••••••
3m
L:
000000000000000
000000000000000
000000000000000
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000000000000000
000000000000000
0Z0Z0Z0 0
000000•
0000000
00000000000000
3
••••••••••••••• •••••••••••••••
••••••• ••••• •••••••••••••••
Note: 2022 and 2023 construction not drawn to perfect scale, but correct distance arrows included.
2023
All Oyster Castle patch reefs will top -dressed with 16 Oyster Catcher tuffs
Plan View of NREOH Reef Complexes 5,9,10
0 Oyster Castle® reefs
(Footprints not extended beyond existing permits) Oyster Catcher TM
patty reefs
70 m Offshore
30 m
3m
2m 8m
1 3 m
3m
"0000000000041
000000000000000
I4m • • ••• • • •• • • • •
0000000
000000000000000
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• • • • • • • • • • • • • •
0000000
000000*00000000
000000000000000
8m
000000000000000
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000000000000000
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• • • ••• • • •• • • • •
000000000000000
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Nearshore
2022 additions
0 Oyster Castle° reefs
• Oyster Catcher TM patty reefs
Photos/Plats:
5of11 n n
2022_03_24 2 m
2022 additions
O Oyster Castle° reefs
• Oyster Catcher TM patty reefs
o m
All Oyster Ostle Fatch reefs will top -dressed with 16 Oyster Catcher tuffs
Oyster Castle°
Allied Concrete
Charlottesville, VA
www.alliedconcrete.com
'��lP1fI<JfPgifl
�P
M aL
kFr�i,t
8r Ak in !
�
p
I
+fie
�'t� � < Y A✓ ra1+'d
1
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yr. Y.'F
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E
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ill;
- Manufactured concrete units (12" * 12" * 8" [L * W *HD
- Stackable and interlocking, designed to create complex,
stable habitat
- Suitable for oyster settlement
-� Ir:buse in restoration projects in AL, DE, NJ, NY, SC, and VA
1>
M
= N m
o N m Photos/Plats:
C.) 0 6of11
2022 03 24
Oyster Castle° Individual Reef Configuration (*90 reefs per site)
(8 units per individual reef)
Plan View:
0
m
'
D
�
_
o
o
m
m
t J
N
Note: these
gaps are 1-2
in width
Cross Section View:
(MLW depth: 50 in [1.25
Photos/Plats:
8 of 11
2022_03_24
36 in (L)
24
in
(W)
W:
in
(H)
Oyster CatcherTM
Sandbar Oyster Company
Morehead City, NC
http://www.sandbaroystercompany.com
Photo of individual patty
from Niels Lindquist
- Biodegradable jute plant fiber and cement plaster units
(12"*12"*411[L*W*H])
- Stackable and interlocking, designed to create complex,
stable habitat
- Suitable for oyster settlement m
In use in restoration projects in NC m
n N mo Photos/Plats:
N
9of11
2022_03_24
x�~C- •- � arV. -
9�
tt
+s
'. • !:: ..ems
rkv�'y���
�°'
•" .�� �..'� � � J�� y � i •• °'� ,fiIGVIf- .,y� V�1ti ..�;' `..q=.` � 7., y�
I
Oyster Catcher"
Individual
Reef Configuration (*69
patch
reefs per site
per year)
(5 patties,
including
post, per
individual
reef)
Plan View:
Vertical
post/anchors
Cross Section View:
(MLW depth: 50 in [1.25m])
Sediment Surface.,
24 in (L)
24
in (W)
16
in (H)
Photos/Plats:
11 of 11
2022_03_24
Jacksonville 'r
_er
Camp
." Lejeune
M
Stones
l Bay
/��_ �. •i�� •jni .. y�+}"� .mod
✓ 4� "jf A�F. J
-•4 ![n^'.i;y� 1� ��,.ai'. .ail �, !
0
I d/ lga n
Bay *'">
r
t 'Farnell
Bay ;
Camp
Lejeune ..
��' 10 km
t
s�
0
m
m
v
New River Estuary Oyster Highway Sites
NREOH Site ; Latitude (DD) Longitude (DD)
1� 34.6707-77.3616
2 34.6583-77.3555
3 34.6406-77.3397
t
4 �� 34.6124 ;-77.3636 j
5 34.6369-77.3730
6 I 34.6530 77.3801
7 34.6986-77.3746
r
8 34.6283-77.3504
9 34.6200. I-77.3850
L-10 34.6199-77.3851
11 i 34.6801 i-77.4003
12 34.7189 77.4308
Maps: 2 of 17
2022_03_24
Google Earth Views of the 6 Phase I
New River Oyster Highway Sites in
Fa rn e I I Bay£�„�
U.WW MW.._
JelHletl Yp � [�mrmn
Un
Z
�+
/�
` )
_
m
n
N
v
J
UMIIMC Mq
UMXk] Mp
Maps: 3 of 17
2022_03_24
Latitude: N34.670690 Bottom Type: Unvegetated mud/sand
Longitude: W77361620�: ,0 Potential User Conflicts: None anticipated
� at MLW: 1.5 m m
Depth _ m
I� �' � Extended Site Boundary (70 * 30 m)
Distance from Shore: 35� Existing Site Boundary (70 m * 30 m)
Latitude: N34.65831° Oc)
Longitude: W77.35548° ZI
Depth at M LW: 1.25 m o
0
Distance from Shore: 7051
,Pottom Type: Unvegetated mud/sand
5)otential User Conflicts: None anticipated
z
N Extended Site Boundary (70 m * 30 m)
N
Existing Site Boundary (70 m * 30 m)
Latitude: N34.64064° o
Longitude: W77.339740?
Depth at M LW: 1.00 m °, N
Distance from Shore: 60 r
Vottom Type: Unvegetated mud/sand
potential User Conflicts: None anticipated, water access
90mSE
Extended Site Boundary (70 m * 30 m)
Existing Site Boundary (70 m * 30 m)
Latitude: N34.612370 o
Longitude: W77
Depth at M LW:
.36359°2
1.25 m o N
Distance from Shore: 11 .rrf-�
Bottom Type: Unvegetated mud/sand
Rotential User Conflicts: None anticipated
m
A- Extended Site Boundary (70 m * 30 m)
Existing Site Boundary (70 m * 30 m)
Latitude:
o p
N34.63689
Bottom Type: Unvegetated mud/sand
m
potential User Conflicts: None anticipated, water access
Longitude:
W77.3729
m
150 m NE
Depth at
M LW: 1.25 rr�,
N
o
Existing Site Boundary (70 m * 30 m)
Distance
from Shore: 5*
m
[Site boundary will not be extended]
Latitude: N34.652990 s
Longitude: W77.380120
Depth at MLW: 1.25 m �_ N
Distance from Shore: 10( m
Bottom Type
jj
Potential
a
U nvegetated mud/sand
User Conflicts: none anticipated
Extended Site Boundary (70 m * 30 m)
Existing Site Boundary (70 m * 30 m)
RECEIVED
Google Earth Views of the 6 Phase I New Rive C PAR 2520�2
Oyster Highway Sites in Farnell Bay and MorganWaYVDci7y
(#s 7-12)
Phase I and II sites
comprise 12 total
NREOH reef sites
Maps: 10 of 17
2022_03_24
Google Earth
View of Site
Latitude: N34.6986° � m Bottom Type: Unvegetated mud/sand
Longitude: W77.3746 = Potential User Conflicts: None anticipated
Depth at M LW: 1.0 m n N 0 Extended Site Boundary (70 m * 30 m)
Distance from Shore: 29 m Existing Site Boundary (70 m * 30 m)
Marked
Channel:
N500rn
le Earth
i
N
Latitude: N34.62000 � � m Bottom Type: Unvegetated mud/sand
Longitude: W77.3850= < Potential User Conflicts: None anticipated
Depth at M LW: 1.0 m ,��}, N m 0 Existing Site Boundary (70 m * 30 m)
[Site boundary will not be extended]
Distance from Shore: �lJ
Latitude: N34.6199° z mBottom Type: Unvegetated mud/sand
Longitude: W77.3851° _ potential User Conflicts: None anticipated
Depth at M LW: 1.25 m �_ N 0 Existing Site Boundary (70 m * 30 m)
Distance from Shore: 30 [Site boundary will not be extended]
ogle Earth
500 ft
A
N
Google Earth
View of Site 12
Latitude: N34.71890
Longitude: W77.43080 o
Depth at M LW: 1.00 m 0
Distance from Shore: 50 m
Bottom Type: Unvegetated mud/sand
N IPotential User Conflicts: none anticipated
N v
Extended Site Boundary (70 m * 30 m)
----- Existing Site Boundary (70 m * 30 m)
I
a �
IN
1
�.JYA8 '
tv
I{ L 1
d� ill 11 I I'lll�ill !;u �IG�1 7�1'{{t�l7l �Ifl 11 ,Iilal�: I �;I, .
1 '
RECEIVED
MAR 2 5 2022
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: City ofJacksonvdle COUNTY:Onslow
PROJECT NAME: Major Mod #67-18
LOCATION OF PROJECT: New River
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-2-22
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: Choose an item.
FIELD REPRESENTATIVE: Weychert DISTRICT OFFICE: MHC
DISTRICT MANAGER REVIEW: Date
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Bodnar
PUBLIC NOTICE REC'D: 4-17-22
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: Click op-ww4fta date.
HOLDS:
EMAIL OUT DATE: 5-27-226/6/2022
PERMIT FINAL ACTION: ISSUE DENY
FEE REC'D: 475# Click or tap here to enter text.
END OF NOTICE DATE: 4-17-22
DEED REC'D: Yes
150 DAY DEADLINE:
STATE DUE DATE: Click or tap to enter a date.
AGENCY
DATE
NOTES
COMMENTS
OBJECTIONS:
RETURNED
YES NO
DCM - Field Rep
-1 ill IL,.
//
Coo.dt ff/
� I
DCM - LUP Consistency Determination
Z[ AZ
S F
Local Permit Officer
Corps of Engineers - Regulatory Branch
g t{ Z
2ot % - D Z S(
DWR-401 Section
�l ZL
IaszGrr�497 Z Zo(8-o z(-o,,3
DWR - Public Water Supply
DEMLR - Stormwater
DEMLR - Sed and Erosion
DOA - State Property Office
(n 13 IlZ
Wildlife Resources Commission
(L
'a"es / lZ
DMF - Shellfish Section
IO�/7
DMF - Habitat & Enhancement
7(
Aca ; -
g LZ CU
DNCR - Archives & History
Z jJI
DNCR - Natural Heritage Program
NCDOT
NC Dept of Commerce�-
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
DATE: July 11, 2022
TO: Gregg Bodnar
THRU: Heather Styron
FROM: Curt Weychert
NORTH CAROLINA
Environmental Quality
MEMORANDUM
SUBJECT: Comments and Recommendations - CAMA Major Permit —New River Oyster
Highway, City of Jacksonville
The following is my assessment and consequent recommendations of the above
referenced proposal: This proposal involves the expansion of existing oyster reefs
within New River. The development conforms to the guidelines set forth under 15A
NCAC 07H .0208. The waters of New River are open and closed to shellfish harvest,
'depending on the reef location and is not designated as a Primary Nursery Area.
Assuming that state and federal agencies concur with the proposal, the District
recommends the project be authorized as proposed, contingent upon the following
conditions:
All development shall be constructed as shown on plats and application accepted as
complete by DCM on March 25, 2022.
• It is recommended to include prescriptive language in the conditions prohibiting the reefs
sites that the USMC had objections to due to the unexploded ordinances.
• Besides standard conditions, it is recommended to include any moratorium suggested by the
appropriate resource agencies.
RECE ED
JUL 1 3 2022
P Sr ECTION MHD
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
June 6, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
gregg.bodnar(dNCDENR.gov
SUBJECT: CAMA Major Permit Application Review
Applicant: City of Jacksonville
Project Location: New River Estuary Oyster Highway, Onslow County
Proposed Project: Major Modification to Major Permit #67-18
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by July 5,, 2022. If you have any questions
regarding the proposed project, contact Curt Weychert 252-515-5413.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached**
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Kelly Brannigan
AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality
SIGNATURE for Shannon Jenkins
DATE 66/(1� tf Hai �':m Ei C9 C d�
J U N 7 2022
M. P S E-C, T 10 N] PJ16 HD
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue -I Moorehead City, North Carolina 28557
o"w m.dG49� ��a%mw_ /`1 2528082808
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
June 6, 2022
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
g regg. b o d n a r(& N C D E N R.g ov
SUBJECT: CAMA"MaforPerrnitApplication Review
Applicant: City of Jacksonville
Project Location: New River Estuary Oyster Highway, Onslow County
Proposed Project: Major Modification to Major Permit #67-18
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by July 5, 202 . If you have any questions
regarding the proposed project,. contact Curt Weychert 252-515-5413.
when appropriate, in-depth comments with supporting data is requested.
REPLY: x This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Mark Brown
AGENCY Public Water Supply
SIGNATURE fqw i /ate`
DATE
618i22
J U N g 2022
MP SECTION MHD
North Carolina Department of Environmental Qpality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina28557
w,onmmo iem. oemiu6vury�
252.808.2808
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
June 6, 2022
MEMORANDUM
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
NORTH CAROLINA
Environmental Quality
Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
aregg. bodnar(aNCD EN R.gov
LAMA A7aforP.ermjlApplicaUon.Revlew
City of Jacksonville
New River Estuary Oyster Highway, Onslow County
Major Modification to Major Permit #67-18
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by'Jitly 5, 202 If you have any questions
regarding the proposed project, contact Curt Weychert 252-515-5413.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINTNAME Q. "kl� i °f-G
DATE A -A- aV R 7-
REM Ea"'VE
JUN 2 3 2022
W1P SECTION MdHD
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Moorehead City, North Carolina. 28557
i�u.,vv�i oi[.�nmvniaw.vry
252.8082808
Docusign Envelope ID: 192EE7A7-669445B0-B09A-6F5592B46425
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
City of Jacksonville
Attn: Pat Donovan -Brandenburg
P.O. Box 128
Jacksonville, NC 28540
NORTH CAROLINA
Environmental Quality
June 24, 2022
Subject: Approval of Individual 401 Water Quality Certification
New River Oyster Highway Expansion, Onslow County
USACE Action ID. No. SAW-2017-02514
Dear Ms. Donovan -Brandenburg:
JUN 2 4 2022
UP SECTION MHD
DWR # 201802600
Onslow County
Attached hereto is a copy of Certification No. WQC004972 issued to the City of Jacksonville and Pat
Donovan -Brandenburg, dated June 24, 2022. This approval is for the purpose and design described in your
application. The plans and specifications for this project are incorporated by reference as part of this
Water Quality Certification. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property is sold, the new
owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
North Carolina Department of Environmental Quality I Division of Water Resources
®� �
512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617
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919.707.9000
DocuSign Envelope ID: 192EE7At-6694-45BD-B09A-6F5592B46425 City of Jacksonville
DWR# 201802600
Individual Certification #WQC004972
Page 2 of 7
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S.143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact John Perry at 910-796-7341 or iohn.oerrv@ncdenr.sov if you have any questions
or concerns.
Sincerely,
UocuSigned by:
Tati 'zcvnto.
i19'aWfWon
Assistant Regional Operations Supervisor
Electronic cc: Gregg Bodner, DCM Morehead City Office
Liz Hairr, USACE Wilmington Regulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20180260v3_New River Oyster Hwy _IWQC_ ro-wrbT§j2j.Eo
North Carolina Department of Environmental Quality I Division of Water Resources J UN 2 4 2022
®� ��� 127 Cardinal Drive Ext. Wilmington, North Carolina 28►05-5406
910.796.7215
neynmemat,..m.�im.m PAP
SECTION
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DoouSign`Envelope ID: 192EE7A1-6694-45B0-B09A-6F5592B46425
City of Jacksonville
DWR# 20180260v3
Individual Certification #WQ0004972
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQ0004972 is issued inconformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to City of Jacksonville and Pat Donovan -Brandenburg, who have authorization
for the impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on April 26, 2022, and by Public Notice issued by the Division of Coastal Management
on April 17, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units) Permanent
Plan Location or Reference
Open Waters
Approximately 4.67 ac of reef building
See Project Narrative, maps
(Shallow Bottom)
material (oyster castle units and oyster
1-17 and photos/plats 1-11
catcher patties) will be hand placed at 9
existing sites to increase each site by 0.5 ac.
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Moratoriums
You will comply with any moratoriums per the NC Division of Marine Fisheries and the NC
Wildlife Resources Commission. Dredging moratoriums shall be observed as required by the NC
Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine
Fisheries. If such activities should take place during periods of high biological activity (e.g.
anadromous species and shorebirds), biological monitoring may be required at the request of
other state and federal agencies and coordinated with these dredging activities.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 04B .0125
Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be
employed to protect against direct or indirect discharge of waste or other sources of water
pollution. Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and
that activities must not cause water pollution that precludes any best use aACu tR%i'VE D
long-term basis. 5�
North Carolina Department of Environmental Quality I Division of Water Resources
JUN 2 4 2022
®� �"I� 127 Cardinal Drive Ern. Wilmington, North Carolina 28005-5406
910.796.7215
DocuSign Envelope ID: 192EE7A1.669445B0-B09A-6F5592B46425 City of Jacksonville , u
DW Rq 201802600
Individual Certification NWQ0004972
Page 4 of 7
2. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA
Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between
6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural
conditions, (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity
exceeds this level due to natural background conditions, the existing turbidity level shall not be
increased.
Citation: 15A NCAC 028.0221
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas
(PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
3. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506, 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
S. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manua EEC E 9T'VE D
North Carolina Department of Environmental Quality I Division of Water Resources JUN 2 4 2022
D E Q2 f 127 Cardinal Drive Ext. Wilmington, North Carolina 28105-5406
910.796.7215 vwu..imum.moe.imro
P SECTION WHD
DocuSigri Envelope ID: 192EE7A1-6694-45B0-B09A-6F5592B46425
City of Jacksonville
D W RN 201802600
Individual Certification #WQC004972
Page 5 of 7
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
6. If concrete is used during construction, then all necessary measures shall betaken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 026.0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved
be present in amounts that may cause adverse impacts on existing wetland uses, ono (3)
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. WIrnington, North Carolina 28405-5406
910.796.7215
JUN 2 4 2022
MP SECTION AM
DocuSign Envelope ID: 192EE7A1-6594-4580-B09A-6F5592B46425
City of Jacksonville
D W R# 201802600
Individual Certification #WQ0004972
Page 6 of 7
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H.0506(b),, 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses, and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
S. Heavy equipment working in wetlands shall be placed on mats or other measures shall betaken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected, • populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland, • and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
9. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H.05O7(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provi e.4 for?rec�to, r
(including, of minimum: aquatic life propagation, survival, and maintenance of�7folagi';Z6
North Carolina Department of Environmental Quality I Division of Water Resources J U N 2 4 2022
ef ®E Q � 127 Cardinal Drive Ext. Wilmington, North Carolina 28405-5406 ^g'' [t� q [} 7�
�.umNcimiHn �` ✓ 910.796.7215 ,a,, e,,P SEEC d ION @.f9 HD
o.mm= nrn.w®nanmmnM1\V/— pp"A
DocuSign'Envelope ID: 192EE7A1-6694-45B0-809A-6F5592B46425
City of Jacksonville
DWR# 20180260v3
Individual Certification #WQC004972
Page 7 of 7
integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
10. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
4303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for instate rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
11. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification 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 Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the
date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
TT/JP
This, the 24th day of June 2022
Oacu5lgned by.
7Fl41E73B6F3456...
Tom Tharrington
Assistant Regional Operations Supervisor
J U N 2 4 2022
Noah Carolina Department of Environmental Quality I Division of Water Resources
®E Q7>
127 Cardinal Drive Ext. Wilmington, Noah Carolina 28405-5406
ecVlIXtlphMf4mGYnv
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910.796.7215
MEMORANDUM
To: Gregg Bodnar
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, City of
Jacksonville, New River Oyster Reef Highway
Date: July 7, 2022
This project is consistent with the City of Jacksonville Land Use Plan.
The applicant proposes to establish an oyster reef highway by constructing additional
oyster reefs in the New River in Jacksonville, Onslow County.
Areas of Environmental Concern (AFC's) impacted by the proposal are EW and PTA.
Waters at the project site are classified as SC -NSW and are not open to the harvesting of
shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the City of Jacksonville Land Use Plan
and offer the following comments.
The general area of the project is classified as Military.
In general, The Jacksonville LUP allows development in Military classified AECs which
is consistent with the State's minimum use standards. The City of Jacksonville Land Use
Plan contains some policies, which exceed the State's minimum use standards. However,
none of these standards appear to be applicable to this proposal.
This project is consistent and not in conflict with the City of Jacksonville Land Use Plan.
Cc: File
ECOVE®
J U L 7 2022
aillP S-ECT10 Nol Van $:`
Bodnar, Gregg
From: Harding, Kimberlee k
Sent: Tuesday, August 9, 2022 12:48 PM
To: Bodnar, Gregg; Dunn, Maria T.
Subject: RE: Oyster Hwy data
Hi Gregg.
Though we were hoping for more years of data to see trends. DMF has determined it has shown enough success. We
have no further comments.
Thank you.
Kim
Kim6er4ee Harding
Ha6itat and Enhancement Section
NC Division of Marine Fisheries
kim6edee.6ardine@ncdenr.eov
910.796.7475 (Office)
From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Sent: Tuesday, August 9, 2022 9:47 AM
To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>
Subject: RE: Oyster Hwy data
Morning all,
With the provided info last month my review is nearing completion. Can I assume that the info was sufficient and a No
Comment is applicable?
Gregg
Gregg Bodnar(he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
GreRR.Bodnar@ ncdenr.Rov
Find a Field Rep (arcgis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg
Sent: Friday, July 8, 2022 10:32 AM
To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>
Subject: Oyster Hwy data
Morning all,
Please see above for documentation concerning your comments relating to progress.
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregg.Bodnar@ncdenr.gov
Find a Field Rep (arcgis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
ROY COOPER
Governor
ELIZABETH S. B►SER
Secretary
BRAXTON DAVIS
Director
June 6, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
areoa.bodnar(a)NCDENR.gov
SUBJECT: CAMA Major Permit Application Review
Applicant: City of Jacksonville
Project Location: New River Estuary Oyster Highway, Onslow County
Proposed Project: Major Modification to Major Permit #67-18
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by 4UIy,5, 2022: If you have any questions
regarding the proposed project, contact Curt Weychert 252-515-5413.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
X This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Kimberlee Harding
AGENCY NCDMF
SIGNATURE
GATE
07107/2022
ECEIVED
J U L 7 2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808-2808
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
KATHY B. PAWLS
Director
lMus6u�.1u,11)Ua
TO: Gregg Bodnar, Assistant Major Permits Coordinator
FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist
SUBJECT: City of Jacksonville (New River Estuary Oyster Highway)
Major Mod, permit #67-18
DATE: July 7, 2022
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has
reviewed the CAMA Permit application for proposed actions that impact fish and fish
habitats. The City of Jacksonville is proposing a major modification to existing permit #67-
18 that created the New River Estuary Oyster Highway. The project consists of 12 oyster
reefs in Morgan and Farrell Bays. The City of Jacksonville is proposing to increase the
footprint of 9 of the 12 sites of their existing Oyster Highway by increasing the area of 9 of
the 12 existing oyster reefs and increase the amount of materials of all 12 oyster reefs in
the New River. Each of the 9 sites to be increased would increase by .5 acre in size. The
New River in these locations are classified SC NSW by the Environmental Management
Commission, with some areas open to shellfish harvesting and some areas closed. There
are no significant areas of submerged aquatic vegetation (SAV) or shellfish resources
present.
The Division commented in March of 2020 with concerns of expanding the project into
Phase II based on the lack of monitoring data of Phase I. The current permit modification
application includes limited monitoring data from only six of the twelve sites. Therefore,
the Division requests more information be provided regarding the success of the entire
project before commenting on the proposed expansion of 10.9 acres of public trust waters.
Please include the presence of any submerged aquatic vegetation (SAV) at the sites.
Thank you for consideration of our comments. Please contact Kimberlee Harding at 910-
796-7286 or kimberlee.harding(@ncdenr.gov with any further questions or concerns.
J U L 7 2022
State of North Carolina I Division of Marine Flsheries
3441 Arendell Street I P.O. Box 7691 Morehead City, North Carolina 28557
252-726-7021
Bodnar, Gregg
From:
Dunn, Maria T.
Sent:
Friday, August 12, 2022 8:41 AM
To:
Bodnar, Gregg; Harding, Kimberlee k
Cc:
Luck, Cameron A
Subject:
RE: Oyster Hwy data
Gregg (and/or Cam)
The NCWRC has reviewed the data and concurs with NCDMF's comments regarding the allowance of the project
modification and expansion. However, we would like to note that there is considerable usurpation of public water and
bottom and that if the project is not successful, there should be no further expansion. Collection and presentation of
data should continue.
Maria
Maria T. Dunn
Coastal Coordinator
NC Wildlife Resources Commission
943 Washington Sq. Mali
Washington, NC 27889
office:252-948-3916
www.ncwildlife.oro
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Sent: Tuesday, August 9, 2022 9:47 AM
To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>
Subject: RE: Oyster Hwy data
Morning all,
With the provided info last month my review is nearing completion. Can I assume that the info was sufficient and a No
Comment is applicable?
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregiz.Bodnar@ncdenr.gov
Find a Field Rep (arcpis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg
Sent: Friday, July 8, 2022 10:32 AM
To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>
Subject: Oyster Hwy data
Morning all,
Please see above for documentation concerning your comments relating to progress.
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
G regg. Bod na r@ ncd e n r.gov
Find a Field Rep (arcgis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
ROY COOPER
Covernor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
C.22.Oc..13. 01,
June 6, 2022
MEMORANDUM:
NORTH CAROLINA
Envirorunental Quality
FROM: Gregg. Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
gregg.bodnar g0NCDENR.gov
SUBJECT: CAMAMajor PermitAnnitcationReview
Applicant: City of Jacksonville
Project Location: New River Estuary Oyster Highway, Onslow County
Proposed Project: Major Modification to Major Permit #67-18
Please indicate below your agency's position or vfewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by July 5, 2022., if you have any questions
regarding the proposed project, contact Curt Weychert 252-515-5413.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed:
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only If the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME
AGENCY 1cu
SIGNATUREiA�
DATE j.-29 - 2.Y12Z
—T-
2-CE i"E®
JUL 1 2022
North Cmniina'Department of Environmental Quality I Division of Coastal Management
Morehead CityOffice 1400Cmnmcrce Avenue I Nloorelu:ad City. North Carollna28557
252.8082808
North Carolina Wildlife Resources Commission n
Cameron Ingram, Executive Director
MEMORANDUM
TO: Cameron Luck
Division of Coastal Management
North Carolina Department of Environmental Quality
JUL 2022
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division PL A
DATE: June 29, 2022
SUBJECT: CAMA Dredge/Fill Permit Modification for City of Jacksonville, Permit #67-18,
Onslow County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located within the 12
existing oyster reef sites, the Oyster Highway, within the New River. Our comments.are provided in
accordance with, provisions of the Coastal Area Management.Act (G.S. 113A-100 through I I3A-128), as
amended, Sections 401 and 404 of the Clean Water Act; as amended, the Endangered Species Act of
1973, as amended (16 U.S.C.,1531 et seq.), the Fish and Wildlife Coordination Act (48 Stat 401, as
amended; 16 U.S.0 661 et seq.), the Magnuson -Stevens Fishery Conservation and Management Act
(FCMA), as amended (16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act (16 703-712-et
seq.).
The applicant proposes to increase the footprint for 9 of the 12 existing sites by 0.5 acre each. The
remaining three reefs, 5, 9, and 10, will have additional material placed, but the footprint will not expand
due to proximity to USMC Lejeune. The narrative states additional expansion is expected in 2023. The
proposed project would usurp 10.9 acres of public trust waters. The New River in these locations are
classified SC NSW by the Environmental Management Commission, with some areas open to shellfish
harvesting and some areas closed. There are no significant areas of submerged aquatic vegetation (SAV)
or shellfish resources present.
The NCWRC is familiar with the project and has provided comments during the previous permit
application reviews (Dunn 13 April 2018; Dunn 16 March 2020). During the scoping process and with
each permit application review our agency stated concern with expansion of the project area into public
trust waters without the project meeting established success criteria. While the permit modification
described the proposal and project specifications well, there were no data presented from monitoring. We
Mailing Address: Habitat Conservation 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919)707.0220 • Fax:. (919)707-0028
Page 2
request information be provided regarding the success of the project prior to the expansion of the project
into almost 11 acres of public trust waters. If success criteria have been met, it would not only provide
justification for project expansion in the New River but also support other similar endeavors.
Observational data, such as increase.in SAV, is also beneficial.
We appreciate the opportunity to review and comment on this permit modification. if you need further
assistance or additional information, please contact me at (252) 948-3916 or at
maria.dunn n.ncwildlife.org
Riim C I�VED
JUL ? 2022
ROY COOPER
Governor
ELIZABETH S. BISER
5ecretary
BRAXTON DAVIS
Director
June 6; 2022
MEMORANDUM.
4' pg.5L4TFq
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-516-5416 (Courier 11-12-09)
areao.bodnar &NCDENR.aov
SUBJECT: CAMA Major Permit Application Review
Applicant: City of Jacksonville
Project Location: New River Estuary Oyster Highway, Onslow County
Proposed Project: Major Modification to Major Permit #67-18
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnarat the address above by July 5, 2022. If you have any questions
regarding the proposed project, contact Curt Weychert 252-515-5413.
when appropriate, in-depth comments with supporting data is requested.
REPLY: �(� This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME ✓ IF 1 o i t
AGENCY N C t n f O �it' rK /4 O-V< -
SIGNATURE M WV- a� a—v-
DATE 6 / p 7 12- L
NorthCarolina Department ofEnAronmental QaalitY I Divislan of Coastal Management
Morehead Cry Office 1400 Commerce Avenue I Moorehead Cary, North Carolina 28557
25Z808.2808
From:
To:
FIX V
Cc: Charles. Thomas P CIV USARMY CESAW (USA)
Subject: [Extemal] [WARNING: UNSCANNABLE EXTRACTION FAILED]CAMA MAJOR Modification #2/GP 291/ SAW-2017-
02514/New River Oyster Highway project
Date: Monday, July 18, 2022 10:52:16 AM
Attachments: SAW-2017-02514 New River Oyster Hiahwav 2022 oroiect ePN.Ddf
ADD. Narrative, Field Report, etc.odf
Fjans.odt
SAW- 017-0 514 City of Jacksonville CL32.Ddf
Farrell Bay.kmz
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
t to Rep,Qrt Spam. _II
All,
Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal
Management (NCDCM) has forwarded to our office a copy of a CAMA permit modification request,
Field Investigation Report and BID Report for the subject project. The attached notice requests
federal agency comments on this project by August 17, 2022.
The applicant proposes to modify their 2018 authorization and subsequent 2020 modification to
construct new oyster/fish reef complexes in waters of Farnell Bay in the New River, near Jacksonville,
in Onslow County, North Carolina. The proposed modification would increase the footprint of 9 of
the 12 sites of their existing Oyster Highway by increasing the area of 9 of the 12 existing oyster
reefs and increase the amount of materials of all 12 oyster reefs in the New River. Each of the 9 sites
to be increased would increase by.5 acre in size.
Please see attached application, bioreport, project narrative for details, and the attached kmz file,
and Corps 2020 modification letter for reference.
EFH:
This notice serves to re -initiate the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is
that the proposed project may affect, but not likely adversely affect EFH or associated fisheries
managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine
Fisheries Service. Impacts are expected to be minimal due to temporary nature of sedimentation
impacts, but the change in habitat and use of the shallow bottom habitat will be permanent. The
waters within the project area are not designated as PNA, and are classified as SC -NSW and are
closed to shell fishing. SAV is not present and there are currently no shellfish resources within the
project areas. Average water depths within the project areas range from -3 ft NLW to -5 ft NLW.
Received: 6/8/2022
Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
June 6, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
Due: 6/16/2022
ER 20-0267
No comment —SBA 6/13/2022
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
gregg.bodnar(a)NCDENR.gov
SUBJECT:
Applicant: City of Jacksonville
Project Location: New River Estuary Oyster Highway, Onslow County
Proposed Project: Major Modification to Major Permit #67-18
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greap Bodnar at the address above by July_5, 2022,' If you have any questions
regarding the proposed project, contact Curt Weychert 252-515-5413.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Renee Gledhill -Earley
AGENCY
SIGNATURE
DATE
NC Historic Preservation Office
7/26/2022
RZ[E EDT
J U L 2 6 2022
P SEC J IOd"i PAHD
roam cama.irvn
om.mmem w Envimnmenw ouenb
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808
as
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
August 23, 2022
Regulatory Division
Action ID No. SAW-2017-02514
Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Howell:
AUG 2 4 2022
MP SECTION PLRXD
Reference the permit modification request of the City of Jacksonville to modify their 2018
authorization and subsequent 2020 modification to construct new oyster/fish reef complexes in
waters of Farnell Bay in the New River, near Jacksonville, in Onslow County, North Carolina.
The proposed modification would increase the footprint of 9 of the 12 oyster reef sites of their
existing Oyster Highway, and increase the amount of materials placed at all 12 oyster reefs in the
New River. Each of the 9 sites to be enlarged would increase by 0.5 acre in size.
The Federal agencies have completed review of the proposal as presented by the application and
your field investigation report. The recommended permit conditions associated with the 2018
and 2020 actions remain unchanged with this modification request, and are as follows:
The applicant proposes to implement the North Carolina Division of Marine Fisheries Special
Permit Conditions for USACE General Permits 194 and 291 (as applicable), for all oyster reef
sites, and additional measures listed below:
1. If a listed species is seen within 100 yards of the active daily construction operation or
vessel movement, all appropriate precautions shall be implemented to ensure its protection.
These precautions shall include cessation of operation of any moving equipment closer than 50
feet of a listed species. Operation of any mechanical construction equipment shall cease
immediately if a listed species is seen within a 50-ft radius of the equipment. Activities may not
resume until the protected species has departed the project area of its own volition.
2. Reef structures shall be sited and installed according to the historically permitted site
clearances relative to MLW.
-2-
RIECEIVED ` ail[
AUG 2 4 2022
3. Reef structures shall not be placed on natural hard -bottom habitat. ip P SECTION DAH10
4. Materials should be of sufficient size and relative density to not move from the reef site
post- deployment and be clean and free from asphalt, creosote, petroleum, other hydrocarbons
and toxic residues, loose free-floating material, or other deleterious substances.
The use of explosives to deploy materials is not authorized.
6. Reef materials shall be selected to ensure that ESA -listed species do not become entrapped
in reef structures, or entangled in debris (e.g., abandoned fishing tackle, nets, and lines) that may
accumulate on artificial reefs:
a. Materials used for artificial reef building shall conform to the recommendations in the
National Artificial Reef Plan (as Amended): Guidelines for Marine Artificial Reef Materials,
Second Edition (Atlantic and Gulf States Marine Fisheries Commissions 2004). Except that
derelict automobiles shall not be used, and derelict vessels and military surplus shall have
openings on all exposed sides adequate to prevent entrapment of ESA -listed species. Openings
will be sufficient of sufficient size and quantity to allow for several points of egress for sea turtle
species that may enter the structure. Any open -bottomed structure must have an opening in the
top that is equal to the bottom opening or 3-ft in diameter (whichever is lesser) to allow listed
species to escape.
b. Military surplus and vessel structures such as ladders, rails, booms, antennas, etc. will be
removed to reduce the potential accumulation of abandoned fishing tackle and lines. Clean steel,
concrete bridge or large building demolition materials such as slabs or pilings may be used
provided that all steel reinforcement rods are cut at the base of the concrete so no rebar or metal
is protruding.
7. Underwater reef cleanup will be performed by NCDMF divers during annual reef site
monitoring events. Cleaning reefs in low visibility/high current dive conditions may present
diver safety issues with the potential of divers being entangled or snagged. Staff will make every
reasonable attempt to clean reef materials of debris during regularly scheduled assessments,
without compromising the safety of the crew and divers. The applicant will send confirmation of
cleanup to NMFS's Southeast Regional Office(36TUtakereport.nmfsser@noaa.govU36T),
including dates of cleanup efforts and results of the clean- up.
8. The applicant shall follow NMFS's Sea Turtle and Smalltooth Sawfish Construction
Conditions in order to further reduce interaction risk and require all construction workers watch
for sturgeon and sea turtles. Operation of any mechanical construction equipment will cease
immediately if a protected species is seen within a 50-ft radius of the equipment. Activities will
not resume until the protected species has departed the project area of its own volition.
9. 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
-3-
adhere to all requirements therein. The guidelines can be found at
https://www.fws.gov/raleigh/Tdfs/ManateeGuidelines20l7.pdf
Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office,
Regulatory Division, by email at sarah.e.hair@usace.army.mil.
Sincerely,
,lf�
Liz Hair, Project Manager
Wilmington Regulatory Field Office
Electronic Copy Furnished:
USEPA; Todd Allen Bowers
NCDEQ/DCM; Gregg Bodnar
NCDEQ/DWR; John Perry
USFWS; Mr. Pete Benjamin/Mr. John Ellis
NMFS; Dr. Pace Wilber/Ms. Twyla Cheatwood
a EIVED
AUG 2 4 2022
M17' SECTION
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: City of Jacksonville (New River Estuary Oyster Highway)
Major Mod 000
2. LOCATION OF PROJECT SITE: 12 locations on New River, Onslow County
Latitude: 34°40.11N
Longitude:77°21.33W
34039.31N
77021.18W
34038.27N
77020.21W
34036.43N
77021.46W
34038.15N
7722.22W
34039.11N
77022.52W
34041.51N
77022.27W
34037.52N
77020.49W
34037.12N
77023.06W
34037.25N
77022.33W
34040.48N
77024.01 W
34043.08N
77025.51W
3. INVESTIGATION TYPE: CAMA, D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 12/18/19
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received—12/20/2021
Application Complete- 6/2/2022
Office — Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Onslow County
Land Classification from LUP — Military
(B) AEC(s) Involved: EW, PTA
(C) Water Dependent: (yes)
(D) Intended Use: Public
(E) Wastewater Treatment: Existing — N/A
Planned — NA
(F) Type of Structures: Existing — None
Planned — Oyster Reef
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
7. HABITAT DESCRIPTION:
DREDGED FILLED OTHER
(A) Open Water
N/A
4.67 ac (22,604 _
SF per 9 sites)
N/A
Field Investigation Report:
City of Jacksonville
Page 02
(D) Total Area Disturbed: 4.6 ac
(E) Primary Nursery Area: No
(F) Water Classification: SC -NSW
(G) Shellfish Classification: Open/Closed
PROJECT SUMMARY: The City of Jacksonville is proposing to increase the footprint of
9 of the 12 sites of their existing Oyster Highway by increasing the area of 9 of the 12
existing oyster reefs and increase the amount of materials of all 12 oyster reefs in the New
River. Each of the 9 sites to be increased would increase by .5 acre in size.
9. NARRATIVE DESCRIPTION:
The City of Jacksonville is proposing a major modification to existing permit #67-18,
issued on June 29, 2018, with a proposal to construct 6 oyster reefs within the New
River Estuary. Permit #67-18 had a previous major modification issued on May 8,
2020. The major modification authorized the construction of 6 new oyster reefs
within the New River Estuary. The active permit has an expiration date of December
31, 2023. Previous permits have a previous USACE COE Action Id. No. SAW-2017-
02514 and a DWR Project No. 2018-0260 v2
The City of Jacksonville project is located in the Farrell Bay and Morgan Bay area of the
New River in Onslow County. Farrell Bay is located South of Jacksonville and is
surrounded by Camp Lejeune on both shorelines. Morgan Bay is located North of Farrell
Bay and is surrounded by Camp Lejeune on both Shorelines. There are six areas within
Farrell Bay and six areas within Morgan Bay that the applicant is proposing an increase in
the footprint of man made oyster reefs.
The 12 existing sites all have water depths that are approximately -3' to -5' NWL. The
Shoreline on both sides of this area are a mix of base infrastructure and wooded ranges.
New River is 1 to 2 miles wide in this area. The substrate of Farrell bay is a mixture of
silt and sand.
The Division of Water Resources classifies this area of New River as joint waters and SC -
NSW waters. This is not a Primary Nursery Area. Some areas of the project are located in
waters open to the harvesting of shellfish and other areas are closed to harvesting shellfish.
There are no SAV's or significant shellfish populations in the areas to be disturbed. The
parcel is classified in the Onslow County LUP as Military.
10. PROJECT DESCRIPTION: The City of Jacksonville is proposing to increase the
footprint area of 9 existing oyster reefs within the New River and adding additional reef
material to 3 existing oyster reefs. Reefs 1, 2, 3, 4, 6, 7, 8, 11, 12 would increase 30m x
70m (22,604ft2) each in area and reefs 5, 9, and 10 would remain in the same footprint and
have the same amount of reef material placed within the existing reef boundaries. On each
reef area would be placed 14 oyster castle units and 552 oyster catcher patties and 138 oyster
catcher "rods" which will secure the patties to the substrate. Additionally, on the eight most
downstream estuary sites, 32 "seeded" Oyster Catcher tuffs will be added to all 97 Oyster
City of Jacksonville
Page 03
Catcher patch reefs as a top dressing. The configuration of these structures is depicted on
a diagram in the application packet. The structures would extend 16" off the substrate into
the water column. Oyster castles will have base dimensions of 24" x 36", and the oyster
catcher patties will have a base diameter of 24". Each boundary area would be marked with
4"X4" wooden posts which would extend 6' above NWL. The posts would have reflective
bands on all surfaces. Signage would be attached to posts identifying the oyster areas.
The proposed increase of footprint area of 9 existing oyster reefs and additional reef material
being placed within the existing footprint of three existing reefs is part of an overall "Oyster
Highway." The applicant has stated that continuing of monitoring will occur. The Assistant
Chief of Staff of the United States Marine Corps at Camp Lejeune provided a letter of
support for the project, however identified three reef sites, reefs 5, 9, and 10, which are
located within the Unexploded Ordinance anomaly of the K-2 impact area. In initial
correspondence dates February 4, 2022, from Michael Scalise, Assistant Chief of Staff,
G-7, indicated concerns with reef numbers 5, 7, and 8. However, there was
miscommunication between the City of Jacksonville and the USMC regarding the
numbering of reefs compared to their geographic location. Upon further clarification,
dated March 15, 2022, with Tim McCurry, Marine Corps Liaison, referencing the CAMA
Major Permit Application maps, Mr. McCurry verified that the reefs of concern were reefs
numbered 5, 9, and 10.
11. ANTICIPATED IMPACTS: The proposed reef project would impact by usurpation
474,688 ftz (10.9 acres) of Public Trust bottom. Any turbidity resulting from placement of
material would be temporary as the material would be placed by hand. The project
should result in an overall increase in water quality and biodiversity.
Name: Curt Weychert Date: 6/2/2022 Morehead City
0' RECEIVED
JUN 0 2 2022
QCM-MHD CITY
NOTES REGARDING NARRATIVE: This proposal was submitted with a budget
projection of $249,500, and was subsequently awarded $175,000 from the EEG program.
Thus, all substrate deployments — on a site -by -site basis — will now equal 70% of what is
proposed in the text below.
Additionally, following consultation with Marine Corps Base Camp Lejeune, we are not
extending the footprints of sites 5, 9, or 10. Rather, all new substrates will be placed within
the existing permitted footprints of those three sites [detailed below and on site maps and
plats].
Title: Extending the New River Estuary Oyster Highway
Applicant: City of Jacksonville (Lead: Pat Donovan -Brandenburg), Jacksonville, NC
Location: New River Estuary, NC (Farrell Bay: 34.6560,-77.3500; Morgan Bay: 34.6891, -
77.366°; nearest town: Jacksonville, NC), White Oak River Basin
Need and Relevance to EEG Program Priorities: The New River Estuary Oyster Highway
(NREOH) is creating oyster habitat stepping stones in the central portion of the New River
Estuary (NRE) that support biogenic reefs via local hard -substrate subsidies, as well as NRE-
wide enhanced oyster larval supply. In turn, improved oyster (reef) fitness in the upper and
middle NRE will underpin improved biofiltration of sensitive estuarine waters, as well as support
a diverse nekton community of ecologically and economically prized species via provision of
essential fish habitat. Using funds provided by the North Carolina Attorney General's Office's
Enhancement Grant Program, we will expand the 12 existing NRE Oyster Highway sites by
adding >2,480,000 oysters and constructing an additional —1,850 patch reefs (across all NREOH
sites) but we will not expand the actual footprint of reefs #5,9 or 10. Total project costs equal less
than 100 per oyster added to the NRE (before even accounting for the additional benefits of
added oyster and mussel larval settlement substrate and fish habitat resulting from constructed
patch reefs, as well as value-added scientific research on oyster reef restoration dynamics).
Regional Priority: The NRE is classified as nutrient sensitive waters, and long-term nutrient
inputs into the NRE have caused algal blooms, high turbidity, and bottom -water hypoxia/anoxia
— all of which have exacerbated loss of oyster reef habitat (via intense sedimentation). Efforts by
several entities have and are taking place to improve water quality and fisheries production in the
NRE (e.g., land application of wastewater by the City of Jacksonville). As part of this long-term
effort, it is thought that conditions are now returning to a state conducive for oyster reef
persistence throughout much of the NRE (see oyster recruitment data Figure in main narrative).
In turn, increased oyster biomass in the NRE will contribute toward continued improved water
quality via the biofiltration activities of shellfish (oysters and mussels), facilitating a positive -
feedback loop between water quality and benthic habitat extent. In this context, the NRE Oyster
Highway project is leveraging an integrated, landscape- and watershed -scale approach for
holistic ecosystem and habitat -based fishery conservation.
Fishery Benefits: Oyster reefs are essential fish habitat via provision of structurally complex
foraging, refuge, nursery, and spawning environments for a broad suite of fishes and crustaceans
(NOAA Fisheries). As such, oyster reef restoration supports NOAA's Fisheries Policy and
Implementation Plans by providing this crucial habitat subsidy in degraded estuarine systems.
Technical Merit: Permitting and initial construction of Phase I (6 sites constructed in 2019 as
"Phase I") and II (6 sites constructed in 2020 as "Phase 11") reefs of the NRE Oyster Highway have
already been completed. This experience and practical know-how provides our team a huge boost in
ramping up work on the proposed EEG -support expansion of the Oyster Highway restoration sites.
Our existing CAMA Major Development Permits will be resubmitted for modification (a
streamlined process) in late 2021 — as soon as we are made aware that EEG funds will be awarded -
to include our proposed EEG -supported work.
Design of each of the 12 existing and identically arranged NRE Oyster Highway sites are
summarized briefly: each site is defined by a reef landscape footprint of 70 in * 30 in, located
subtidally but in close proximity to shore (within —200 m), and away from navigation channels.
Over '/z of each site, we have deployed 90 Oyster Castle* patch reefs. Each Oyster Castle* patch
reef is comprised of 8 concrete blocks (12" * 12" * 8" [L*W*H]; overall dimensions of each patch
reef: 36" * 24" * 16"). On the other half of each site, we deployed 90 Oyster Catcher'" patch reefs.
Each Oyster Catcheim patch reef is comprised by 10 manufactured patties (12" * 4" [D * H] disks;
overall dimensions of each patch reef: 24" * 24" * 16"). Both Oyster Castle blocks and Oyster
Catcher patties are stackable and interlocking, and are designed to create complex, stable habitat
with exceptional small-scale rugosity that fosters oyster (and mussel) larval settlement/survival and
nekton utilization (see associated project photos). Currently, each Oyster Highway site is comprised
of 180 patch reefs. Using EEG support, we propose to extend and expand the scope of the 12 NRE
Oyster Highway sites but we will not be expanding the footprints of reefs #5, 9 and #10. In 2022, at
each site we propose to: (1) construct 7 additional Oyster Castle patch reefs, using the same design
as we have previously adopted (additionally, each patch reef will be underlaid by an Oyster Catcher
mat to reduce reef subsidence into surrounding sediments). Also, (2) we will construct an
additional 69 Oyster Catcher patch reefs using a slightly modified design. This design will include 5
patty structures — one basal 24" D disk, with three 12" D disks stacked on top, as well as a "rod"
patty running through the center of those four disks. We have adapted the configuration of Oyster
Catcher patch reefs based on lessons learned in initial Phase
I and I1 construction (i.e., maximizing open surface area for oyster attachment and minimizing patch
reef subsidence into surrounding sediments). Finally, (3) at the eight most -down -estuary sites, we
will add 16 "seeded" Oyster Catcher tuffs as a top dressing to all 97 Oyster Castle patch reefs at
each site (i.e., the existing 90 Oyster Catcher reefs plus the 7 newly constructed Oyster Castle reefs).
Notably, "seeding" involves fast placing substrates in areas of high natural oyster settlement (e.g.,
the lower NRE during spring), and then transplanting those seeded materials
(tuffs in this case, transplanted to NREOH sites in fall, after larval settlement pulses) to areas in
need of stocking to enhance local spawning biomass. Based on previous work, we anticipate that
each tuff will be covered with >100 juvenile (thumb -sized) oysters after "seeding" and when moved
to Oyster Highways sites. We are targeting the eight most -down -estuary sites for
"seeded" tuff additions as previous Phase I and II work (and associated monitoring) has indicated
that survival of transplanted, seeded oysters is particularly high and cost-effective at those sites.
In 2023, we will further extend each of the 12 NRE Oyster Highway site with: (1) 7 additional
Oyster Castle patch reefs; (2) 69 additional Oyster Catcher patch reefs; and (3) 16 additional
"seeded" tuffs top -dressed on 97 Oyster Castle patch reefs (eight -most down -estuary sites).
At the completion of this work, we will have expanded the NRE Oyster Highway sites via the
addition of —1850 patch reefs (across 9 sites) and >248,000 "seeded tuffs (>2,480,000 juvenile
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oysters, across 8 sites). This represents nearly a doubling of oyster reef material across the NRE
Oyster Highway.
Assessment/Performance Metrics: The following outcomes will be indicators of success:
1) The expansion of 12 existing New River Estuary Oyster Highway sites via the addition of
>2,480,000 oysters and construction of —1,850 small patch reefs (summed across all
sites). We will do this without expanding the footprint of reefs #5, 9 and 10. These efforts
will increase biofiltration in the New River Estuary and immediately provide structurally
complex fish and crustacean habitat in the NRE.
2) Oyster densities > 10 in on reef sites (per NOAA Tier 1 monitoring guidance) for >2
years.
3) The persistence/stability of oyster -reef communities underpinned by man-made substrates
on site, and the absence of material moving beyond proposed site boundaries.
4) Enhanced local nekton abundances, with evidence of on -reef foraging.
5) The opportunity to conduct rigorous scientific assessments of how alternative substrates
support oyster -reef communities across an estuarine salinity gradient will inform future
restoration efforts in the NRE and beyond.
6) Further engagement with Coastal Conservation Association and Wildlife Habitat
Highway: The NRE, located within Onslow County, NC, covers an area of-90 km' (see project
maps). The entire Estuary is classified as nutrient sensitive waters, and these nutrient inputs into
the NRE have caused algal blooms, high turbidity, and bottom -water hypoxia/anoxia — all of which
have exacerbated loss of oyster reef habitat (via intense sedimentation). Efforts by several entities
have and are taking place to improve water quality and fisheries production in the NRE (e.g., land
application of wastewater by the City of Jacksonville). As part of this long-term effort, it is thought
that conditions are now returning to a state conducive for oyster reef persistence throughout much
of the NRE. In this context, the NRE Oyster Highway project is leveraging an integrated,
landscape- and watershed -scale approach for holistic ecosystem and habitat -based fishery
conservation (see also: NCDENR 2007, NCDEQ 2016). In particular, the White Oak River Basin
Restoration Priorities Plan, published in 2010 and which includes the NRE, highlights the value of
oyster -reef restoration:
"High priority projects for this watershed include projects that improve or restore estuarine
habitats including SA and oyster beds."
The NRE Oyster Highway is also highlighted as a key component of a broader initiative to
conserve and restore oyster reef habitat in NC (NCCF State of the Oyster report 2021).
To restore oyster reefs in this system, the City of Jacksonville continues to implement various
efforts to improve water quality throughout the NRE, including creating reef foundations and
adding (transplanting) millions of oysters, mussels, and clams to Wilson Bay (upper NRE) over the
last 15 years. This is not the only effort to recover oyster populations in the upper NRE. During
2011-2012, the NC Division of Marine Fisheries (DMF) built an artificial reef, AR-398, in Farnell
Bay utilizing recycled concrete from bridge demolition. Recruitment of oysters to the Wilson Bay
reef and AR-398 have been characterized as low, apparently due to a lack of oyster larvae in the
surrounding waters. Indeed, prior to 2019, the closest known natural oyster populations to AR-398
were 6-km down Estuary (in Stones Bay). With net downstream flow characterizing the NRE, it is
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populations in the lower NRE infrequently reach AR-398 or Wilson Bay, and this limits
sustainability of oyster habitat supporting nekton at estuarine -wide scales.
Thus, the "Oyster Highway" concept was proposed to create stepping -stone oyster reef habitats
in the region between AR-398/Wilson Bay and Stones Bay - i.e., in Famell and Morgan Bays.
The overarching goal of this project is to create oyster- and fish -appropriate habitats with small
spatial gaps between them that increase connectivity of oyster and nekton populations in the
lower NRE with those in the middle and upper NRE. Habitat restoration and augmentation have
become major tools in efforts to improve water quality, as we all as to conserve coastal fishery
resources. This work aligns with the missions of the City of Jacksonville and financial/hands-in-
the-water partners such as the Coastal Conservation Association of North Carolina and North
Carolina Wildlife Habitat Foundation: to promote sound management (including acquisition and
protection where/as appropriate) of public trust marine and estuarine resources for the use and
enjoyment of current and future generations.
Notably, 2019-2020 monitoring of six Phase I
Oyster Highway reefs sites across Farrell Bay
has demonstrated that oyster spat (i.e., larvae
that have recently settled out of the water
column and begun to grow towards adults)
will indeed recruit to the hard substrate
subsidies we provided in the middle NRE
(Fig. 1). Additionally, we also have empirical
evidence that these oyster reef complexes will
clearly enhance habitat availability for key
fishes and crustaceans, beyond the addition of
oyster biomass in the central and upper NRE
(Mulvey-McFer on 2020).
500
v 450
N 400
350
E 300
ri s Z50
2 zao
4: 150
100
50
Reef 1 Reef t Reef 3 Reef 4 Reef 5 Reef 6
Figure 1. Settlement of oyster spat at Phase I
NRE Oyster Highway sites in fall 2019.
Spatfall at all sites was sufficient to exceed
The New River watershed/estuary is an thresholds necessary for achieving oyster
exceptionally well studied systems, and one restoration success based on the threshold
which fortunately has a history and trajectory of defined in Powers et al. (2009) as 10 oysters
increasing water quality due in large part to long- in
running efforts of the City of Jacksonville and
Marine Corp Base Camp Lejeune, which occupy the vast majority of the land surrounding the
upper, mid, and lower portions of the NRE. As responsible and engaged stewards of the estuary,
these two entities have collaborated for nearly 3 decades to control both point and non -point
sources of nutrients and other contaminants pollutants. The Department of Defense substantially
raised the bar for better understanding and managing the watershed by funding a 12-year,
comprehensive study of the watershed by a broad coalition of academic, local, state, federal
entities (https://www.serdp-estcp.org/Featured-Initiatives/Conservation/Defense-Coastal-
Estuarine-Research-Program). This New River program generated an extensive integration of
"big -data collections" and conceptual and mechanistic ecological modeling across topics,
including, for example, land management, nutrient cycling/inputs, nuisance algal blooms, carbon
cycling, and climate change/sea-level rise. The NRE Oyster Highway represents a valuable
avenue for integrating higher trophic levels (i.e. filter feeding bivalves, secondary and tertiary
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Relative to a central driving force behind the NRE Oyster Highway project, namely
improvements in estuarine water quality through reductions in nuisance levels of DIN and
turbidity, the NRE DCERP and long -running sampling programs by the City of Jacksonville
provide water quality benchmarks and substantial level of mechanistic understanding of NRE-
specific watershed and estuarine processes against which to measure NRE Oyster Highway
impacts on NRE water quality and how they were achieved. The NRE Oyster Highway project is
already collaborating with and funding two groups to monitor and model nutrient reductions in
the NRE associated with the NRE Oyster Highway restoration work. Dr. Michael Piehler,
Direction of the UNC Institute for the Environment and UNC-IMS faculty member was a
DCERP researcher through the entirety of the program and is now tracking nitrogenous nutrients
and oyster -associated denitrification on the NREOH reef and control sites. Piehler's group has
been a leader in documenting denitrification associated with oyster reefs, and the broader suite of
ecosystem services in general provided by oysters. Further, Dr. Mark Brush is using nutrient and
measured oyster density data in models that predict nutrient levels and chemical species changes
associated with oyster filtering and process of organic matter. Thus, the NRE Oyster Highway
offers outstanding opportunities to rigorously track, model, and monetize at large scale the
benefits of oyster habitat restoration/creation. These results will be of great interest to estuarine
resource managers and restoration practitioners to further illustrate the substantial benefits of
restoration and thereby solidly justify the funding of restoration projects targeting biogenic
foundation species.
Innovation in Oyster Habitat Restoration: The eastern oyster, Crassostrea virginica, is a
protandrous, sequential hermaphrodite, initially spawning as males and transitioning to
functional females with increasing age and size. From this perspective, the NRE Oyster
Highway project is a "beacon" project illuminating a new oyster -habitat restoration strategy for
changing coastal waters often characterized by increasing salinity levels as sea levels rise,
thereby shifting zones of environmental parameters favoring oyster habitat viability and
persistence farther up the estuaries. One consequence of the up -estuary migration of oyster
growth zones may be limitations on larval transport to these areas such that simply the planting
of reef foundation material will not overcome this population bottleneck (e.g. AR-398 in mid-
section of the NRE). To overcome potential larval limitation, it will be necessary to increase
larval abundance in mid and upper regions of estuaries through transplanting large numbers of
harvest -protected oysters that grow to become brood stock.
Brood stock creation via traditional spat -on -shell methods for oyster population creation has
several drawbacks. To reach brood stock status, a single cohort of spat would require very large
numbers of spat to overcome high early juvenile mortality, as well as that over the typically
years -long growth period before substantial numbers of male oysters transitioned to female. The
NRE Oyster Highway strategy of large-scale transplanting of reef foundation materials "seeded"
with late -stage juvenile oysters (thumb sized) minimizes mortality and more quickly yields an
effective brood stock population. As the NRE Oyster Highway brood stock reefs mature,
retention of a substantial portion of their larval output in the mid and upper portions of the
estuary should settle back onto the reefs (which our monitoring plan, detailed below, could
record), as well as other created hard structure habitat (e.g. AR-398, rock revetments and cement
bridge pilings, seawalls), thereby achieving self-sustainability. Juvenile and adult -sized oyster
are occasionally seen on created hard structure habitats in the mid/upper hard structure habitats,
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including NRE Oyster Highway Oyster Castles® and Oyster Catchers7" deployed in 2019 and
2020 as part of Phase I and Phase II work, respectively.
At the national scale, outreach for the NRE Oyster Highway and networking within the CCA and
other conservation -oriented entities (government, non-profit, and academic) have generated
interest in the use of Sandbar Oyster Company's (hereafter, SANDBAR) biodegradable
hardscapes in oyster -habitat creation projects. For example, F. Gidus, Director of Habitat and
Environmental Restoration for CCA-Florida (FL) in collaboration with Dr. I. Zink (UM) and a
host of Fort Lauderdale coastal homeowners are working with SANDBAR to examine under -
dock seeding of Oyster CatcherTm hardscapes for use in multiple oyster habitat creation projects
in FL's southeast coastal estuaries that once hosted expansive oyster populations. Other
examples of SANDBAR's expanding work with diverse groups planning oyster habitat
restoration/creation efforts include Apalachicola Bay, FL (Dr. S. Brooke, FSU-CML; Dr. K.
Konchar, FL Fish and Wildlife Conservation Commission; R. Harter, Ecology and Environment,
Inc.); Mosquito and Indian River Lagoons, FL (Dr. L. Walters, UCF); the Eastern Shore of
Virginia (B. Lusk, TNC Virginia Coast Reserve); and the Rachel Carson National Estuarine
Research Reserve in NC (Dr. R. Gittman, ECU and Dr. B. Puckett, RCNERR).
An emerging strategy for oyster habitat creation exemplified by the NRE Oyster Highway
project, wherein large numbers of late -stage juvenile and adult oysters attached to reef
foundation materials are transplanted from lower estuaries seeding sites, is cast against complex
sets of statutes and rules, widely varying among states and mostly created to govern oyster
harvest/culture activities and products destine for human consumption. The line between
shellfish culturing for food vs. restoration is blurred and becoming even more so with oyster
aquaculture being viewed as contributing to the levels of ecosystem services provided by oysters
to coastal communities. In NC, there is a recently formalized plan involving the NC Division of
Marine Fisheries, Coastal Management, and Shellfish Sanitation Program to review and
administer (i.e., safeguard against unintended human consumption) culturing oysters for
restoration and modifying the rules to facilitate the growth of this nascent industry and its
environmental, economic and social benefits. Notably, our Phase I and Phase II restoration
efforts served as the "field test" for these permitting frameworks. The set of statutes and rules
emerging from NC's efforts could provide a model for other states effectively balancing
concerns for human health with the benefits of expanded options for effective oyster habitat
restoration.
Proiect Technical Description:
Site Selection: All 12 stepping -stone reef complex sites in the NRE Oyster Highway (Phases I
and II) restoration are in the mesohaline-to-polyhaline (5-30 ppt) waters of Farrell Bay and
Morgan Bay within the NRE, and are suitable for the settlement and growth of oysters (see
project maps). Each of our sites are located along the shallow margins of Farnell Bay and
Morgan Bay (1.25-1.5 in depth at mean low water [MLW]). Phase I and II construction did not
target the deeper portions of Farnell Bay and Morgan Bay, thus avoiding: (1) marked boating
channels; and (2) areas prone to extended periods of bottom -water hypoxia/anoxia that can kill
oysters. Furthermore, these sites are located over un-vegetated, unstructured mud/sand bottom
(confirmed by NCDMF bottom mapping survey data and our repeated site visits) that is
sufficiently firm to limit the sinking of reef structures in the sites' sediments - with nominal reef
underlayment support where needed to ensure minimal reef subsidence.
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Site Description: Each of the 12 existing Oyster Highway sites are defined by a footprint of 70
in * 30 in (230 ft. * 98 ft.). All 12 sites are characterized by the same present arrangement of
oyster substrates, comprising a total of 180 patch reefs at each site (see project photos). On %2 of
each site, we have deployed 90 Oyster Castle® reefs. Each Oyster Castle® reef is comprised by 8
manufactured concrete blocks (Fig. 6; 12" * 12" * 8" [L * W * H]) produced by Allied Concrete
in Charlottesville, VA (http://www.alliedconcrete.com/materials/oyster-castles. Each of these
blocks are stackable and interlocking, and are designed to create complex, stable habitat that is
suitable for oyster settlement, growth, and survival. To date, Oyster Castles® have been
successfully used in estuarine habitat restoration (including living shoreline applications) in
Alabama, Delaware, New Jersey, New York, South Carolina, and Virginia. Each Oyster Castle®
reef includes a base layer of six blocks in a 3*2 design, capped by a second layer of two more
blocks centered over the base layer. Each patch reef has overall dimensions of 36" * 24" * 16".
On the other half of each site, we deployed 90 Oyster Catcher reefs. Each Oyster Catchefrm
reef is comprised by 10 manufactured patties -jute plant fiber infused with cement (Fig. 6; 12"
4" [D * H] disks). These patties are produced by SANDBAR in Morehead City, NC
(http://www.sandbaroystercompany.com). As with Oyster Castle® blocks, the patties are
stackable and interlocking, and are designed to create complex, stable habitat that is suitable for
oyster settlement, growth, and survival. To date, Oyster Catcher"" -based materials have been
successfully used in research -scale estuarine habitat restoration (including living shoreline
applications) at the UNC Institute of Marine Sciences (Bogue Sound, Carteret County), at mid -
and upper -estuary sites in the Newport River (Carteret County) and at a mid -estuary site in the
North River (Carteret County) [see above for additional works outside of NC]. Further, since
2015, Sandbar Oyster Company has used multiple different forms of Oyster CatcherTM (e.g.,
patties, linear rods, panels, small tuffs) to created robust oyster reefs on the company's shellfish
lease in the Newport River (34' 44.557N; 760 40.314W). This lease is on an exposed sandbar
often buffeted by large wind waves and strong currents. No Oyster CatcherTM materials have
washed beyond the boundaries of this lease, even after direct strikes by 4 hurricanes since 2016.
Each Oyster Catcher reef included a base layer of four patties in a 2*2 design, capped by a
second layer of four more patties also in a 2*2 design directly on top of the base layer. These
eight patties were capped by two more patties (third and fourth layer) centered over the bottom
two layers. Five vertical jute/cement poles, per reef, were driven through the center of the "donut
holes" of the patties to ensure the stability of reefs on site. Each patch reef has overall
dimensions of 24" * 24" * 16".
The vertical relief of the Oyster Castle® (16") and Oyster Catcher' (16") reefs has been kept
low since bottom water hypoxia/anoxia on the proposed sites is not anticipated to be a problem,
and this will accommodate boats that may wish to access the sites for fishing opportunities. At
MLW, the tops of Oyster Castle® and Oyster Catchefm reefs are 23-43 inches below the water
surface (site dependent). Each Castle® patch reef rests on top of a cement -infused jute mat, to
limit issues related to reef subsidence/sinking. Notably, the dual use of Castle® and Oyster
Catcher' material is designed to diversity reef substrates and morphologies to ensure a broad
suite of nekton find suitable habitat. This design also represents a gray -green hybrid approach
with one hardscape substrate and one biodegradable substrate that may provide multiple
beneficial settlement cues for oyster larvae in the NRE.
Using EEG support, we propose to extend and expand the scope of 12 of the NRE Oyster
Highway sites, we will only add substrate to 3 reefs but will not expand the footprint of reefs #5,
9, and 10 due to proximity to the base's unexploded ordinance area. In 2022, at each site we
propose to: (1) construct 7 additional Oyster Castle patch reefs, RECEIVED
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using the same design as we have previously adopted (additionally, each patch reef will be
underlaid by an Oyster Catcher mat to reduce reef subsidence into surrounding sediments); Also,
(2) we will construct an additional 69 Oyster Catcher patch reefs using a slightly modified
design. This design will include 5 patty structures — one basal 24" D disk, with three 12" D disks
stacked on top, as well as a "rod" patty running through the center of those four disks. We have
adapted the configuration of Oyster Catcher patch reefs based on lessons learned in initial Phase
I and I1 construction (i.e., maximizing open surface area for oyster attachment and minimizing
patch reef subsidence into surrounding sediments). Finally, (3) at the eight most -down -estuary
sites, we will add 16 "seeded" Oyster Catcher tuffs as a top dressing to all 97 Oyster Castle patch
reefs at each site (i.e., the existing 90 Oyster Catcher reefs plus the 7 newly constructed Oyster
Castle reefs). Notably, "seeding" involves fast placing substrates in areas of high natural oyster
settlement (e.g., the lower NRE during spring), and then transplanting those seeded materials
(tuffs in this case, transplanted to NREOH sites in fall, after larval settlement pulses) to areas in
need of stocking to enhance local spawning biomass. Based on previous work, we anticipate that
each tuff will be covered with >100 juvenile (thumb -sized) oysters after "seeding" and when
moved to Oyster Highways sites. We are targeting the eight most -down -estuary sites for
"seeded" tuff additions as previous Phase I and II work (and associated monitoring) has indicated
that survival of transplanted, seeded oysters is particularly high and cost-effective at those sites.
In 2023, we will further extend each NRE Oyster Highway site with: (1) 7 additional Oyster
Castle patch reefs; (2) 69 additional Oyster Catcher patch reefs; and (3) 16 additional "seeded"
tuffs top -dressed on 97 Oyster Castle patch reefs.
At the completion of this work, we will have expanded substrate on all 12 reefs but only the
footprint from 1/2 acre to and acre on nine of the NRE Oyster Highway sites via the addition of
—1850 patch reefs (across 12 sites) and >248,000 "seeded tuffs (>2,480,000 juvenile oysters,
focused on the eight -most down -estuary sites). This represents nearly a doubling of oyster reef
material across the NRE Oyster Highway.
The substrates we are using do not entrap protected species as no large (> 2 in) gaps exist in these
substrates. Furthermore, these substrates are not comprised of petroleum products (e.g., creosote
or asphalt materials).
Ties to Matching Funds: During 2022-2023, we will use an additional $100,000 currently in hand
to purchase "seeded" tuffs for deployment at NREOH sites in a `scattered on bottom' array, as
well as deployments at AR-398 and in Wilson Bay (see project maps). During 2022, we will also
use $25,000 for monitoring of patch reefs constructed during Phase I and Phase II work. Lessons
learned from these monitoring efforts could be used to amend construction approaches utilized to
deploy/construct EEG -funded materials.
Construction: Oyster Castle and Oyster Catcher reefs will be deployed using a combination of
small skiffs and barges, with Oyster Castles blocks and Oyster Catcher patties loaded at Sturgeon
City, Jacksonville, NC, and Oyster Catcher tuffs collected from lower estuary leases where
SANDBAR seeds patties (initially deployed in the lower estuary during spring, before final
moves to restoration sites in the fall, following summer pulses in oyster larval settlement).
Placing the materials on site by hand will ensure that no fishes, reptiles, or mammals are trapped
underneath the deployed substrates. In addition to staff from the City of Jacksonville and
SANDBAR, we will contract with an experienced marine construction specialist to lead material
deployments on NRE Oyster Highway sites (see budget explanation). Furthermore, we will
assign 1 person to serve as lookout during construction to alert project members if a turtle or
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manatee is observed in the vicinity, at which point deployment of substrate materials would be
suspended until at least 30 minutes after the last sighting of the turtle or manatee. However,
sighting of either manatees or turtles are exceedingly rare (i.e., essentially non-existent) in this
section of the NRE. For instance, Cummings et al. (2014) reported no sightings or strandings of
manatees in -or -upstream of Stones Bay during a period of 1991-2012 (and only 3 total sightings
throughout the NRE — all in the lower section). Similarly, Sheryan et al. (1995) reported an
average of only 1 public reporting/sighting of sea turtles per year in the NRE. During 2019-2020
construction of Phase I and II NRE Oyster Highway reefs, no protected species were observed in
the vicinity of underway operations.
Site Demarcation: Each NRE Oyster Highway site is currently marked by 4" posts that delineate
corner boundaries (4 posts per site). Each post extends 4' above MLW and includes reflective
bands that can be seen 360° around. By 2024, we anticipate that these signs will need to be
replaced because of: (a) attrition, and (b) the expansion of each NRE Oyster Highway site. In
remarking/reposting sites, each post will also include signage indicating: (1) project name; (2)
funding sources, including EEG; (3) prohibition of oyster (shellfish) harvest [sites will be
designated as shellfish research reserves via coordination with NCDMF]; (4) project team
contact information. Additionally, each sign will have a QR code that would allow recreational
fishermen to report catches at NRE Oyster Highway sites.
Monitoring: In the two years post -expansion of each NRE Oyster Highway site (and potentially
longer pending funding), we will contract with a marine scientist to make quarterly (see timeline)
visits to all sites to: (1) evaluate oyster density, growth, and survivorship; (2) inspect sites for
marine debris; and (3) inspect sites and surrounding bottom for displaced substrates. Oyster
sampling will follow an established quadrat -based approach for replicate measures of oyster
populations in accordance with the Oyster Habitat Restoration Monitoring and Assessment
Handbook (via Tier I guidelines from the NOAA Restoration Center, Baggett et al. 2014). In
accordance with the Monitoring and Assessment Handbook, the scientist will measure four
universal metrics: reef areal dimensions, reef height, oyster density, and oyster size -frequency
distribution. This scientist will also pay particular attention to counting oyster spat (< 1-cm shell
length) to evaluate recruitment across Oyster Highway sites. She/he will also examine substrates
for evidence of scraping/grazing by reef -associated fishes such as sheepshead (Archosargus
probatocephalus). As the NRE Oyster Highway reef complexes are subtidal, this scientist will
also measure/record, as point measures during each visit to each site, three universal
environmental variables outlined in the Handbook: temperature, salinity, and dissolved oxygen.
Proiect Members: Our team, led by P. Donovan -Brandenburg (City of Jacksonville), has
significant experience managing, designing, and implementing large-scale oyster -reef
construction (refer to CV for more detail). P. Donovan -Brandenburg has served as the center -of -
gravity for Phase I and II NRE Oyster Highway restoration, with assistance from J. Fodrie
(consulting scientist, based at UNC-CH), N. Lindquist (SANDBAR, UNC-CH), and many other
partners. J. Fodrie and N. Lindquist each have been involved in multiple state- and federally
funded oyster -reef restoration projects, having overseen the construction of> 120 reefs (15-80
in in size) in Back Sound and North River, NC. Additionally, they have both published > 10
peer -reviewed research articles based on these restoration projects (e.g., Ziegler et al. 2017). N.
Lindquist, along with a commercial fishermen (David Cessna), are the creators and managers of
SANDBAR— an environmental engineering and restoration company that developed the novel
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Permits: The NRE Oyster Highway team already possess a Coastal Area Management Act Major
Development Permit (#67-18) for Phase I and II restoration activities (in consultation with
.USACE, NOAA, NCDMF, etc.). With this practical experience, we will be primed to submit
another permit application on day one of the NRE Oyster Highway project (i.e., October 1,
2020). Following previous permit submissions, this should be time to receive approval before the
construction of six Oyster Highway reef complex sites in 2020 (and will remain valid through
2021 construction). We also possess the necessary Scientific/ Educational Collection Permit for
monitoring (#706481)
Sustainability: In the two years following expansion of each NRE Oyster Highway site (and
potentially longer pending funding), we will make quarterly (spring, summer, and fall) visits to:
(1) evaluate oyster density, growth, and survivorship; (2) inspect sites for marine debris; and (3)
inspect sites and surrounding bottom for displaced substrates. Budgeting provides for permanent
marking/signage at each reef complex site, detailing: (1) project name; (2) funding sources,
including EEG; (3) prohibition of oyster (shellfish) harvest; (4) project team contact information;
and (5) link for web -based reporting of reef -associated catches/effort by recreational fishers
(advertised among/by our CCA partners). Notably, our Oyster Highway design should build
system resilience via mid- and upper -estuary oyster larval production/retention and geospatial
buffering against anticipated environmental shifts that result from climate change (i.e., increased
saltwater intrusion via sea -level rise). In this regard, our project is deeply rooted in sustainability
vis-i-vis ecosystem response/change at the whole -system level over the foreseeable future.
We will also help ensure the project is successful and sustainable via broad inclusion of key
stakeholders that become invested in project success. For instance, K-12 outreach and education
for the NRE Oyster Highway project will be incorporated at Sturgeon City
(https://www.sturgeoncity.org/), where project lead P. Donovan -Brandenburg is based. Sturgeon
City's mission is expressly to "inspire youth leadership, civic involvement, habitat restoration,
environmental education and stewardship of the New River and coastal wetlands."
• The project proponent hereby certifies that all information contained herein is true, accurate, and
complete to the best of my knowledge and belief.
• The project proponent hereby requests that the certifying authority review and take action on this
CWA 401 certification request within the applicable reasonable period of time.
References:
Baggett, L, et al. 2014.Oyster habitat restoration monitoring and assessment handbook. Nature
Conservancy
Cummings, EW, et al. 2014. Spatial and temporal patterns of habitat use and mortality of the
Florida manatee (Trichechus manatus latirostris) in the Mid -Atlantic states of North Carolina
and Virginia from 1991 to 2012. Aquatic Mammals 40:126-138
Mulvey-McFerron, 0.2020. Effects of landscape -scale oyster -reef restoration on nekton
communities in a temperate estuary. Masters Thesis. UNC-CH.
NCCF. 2021. State of the oyster: progress report on the oyster restoration and protection plan for
North Carolina. NC Coastal Federation
NCDENR. 2007. White Oak River Basin -wide Water Quality Management Plan. NC Division of
Water Quality
NCDEQ. 2016. North Carolina Coastal Habitat Protection Plan. NC Division of Marine Fisheries
Powers, SP, et al. 2009. Success of constructed taster reefs in no -harvest sanctuaries:
implications for restoration. MEPS 389:159-170
Sheryan, P, et al. 1995. Sea turtles in North Carolina waters. Conservation Biology 9:384-394
White Oak River Basin Restoration Priorities. 2010. NC Ecosystem Enhancement Program
Ziegler, SL, et al. 2017. Effects of landscape setting on oyster reef structure and function persist
more than a decade post restoration. Restoration Ecology 26:933-942
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JUN 0 2 Z022
DCM-MHD CITY
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UNITED STATES MARINE CORPS
MARINE CORPS INSTALLATIONS EAST -MARINE CORPS BASE
PSC BOX 20005
CAMP LEJEUNE NC 28542-0005
5700
G-7
DECA 1 7017
The Honorable Mayor Sammy Phillips
Mayor of Jacksonville
Jacksonville Onslow Chamber of Commerce
1099 Gum Branch Road
Jacksonville, NC 28540
Dear Mayor Phillips:
Thank you for your letter regarding.the City of
Jacksonville's Oyster Highway/New River dated 4 December 2017.
Camp Lejeune applauds the City's continuing efforts to spearhead
the Oyster Highway initiative. Our research confirms this
initiative has potential to greatly increase filtration of the
New River waters.
Unfortunately, Federal law prohibits us from using
appropriated funds for.other than their appropriated purpose,
and non -appropriated funded activities ('such as Marine Corps
Community Services) must only spend their funds in support of
their activities; both conditions are absent in this project.
As always, we appreciate Jacksonville's cooperative approach
to all issues involving or potentially effecting our Marines,
Sailors, their families, and our civilian workforce.
Sincerely
L. SCALISE
Colonel, U.S. Marine Corps
Acting Commander
RECEIVED
DEC 2 0 2021
OC"HD CITY
UNITED STATES MARINE CORPS
MARINE CORPS TMSTALLATIONS EAST-MARTNE COPPS BASE
PSC BOA 20005
CAMP LEJEUUE NC 28542-0005
5860
G-7
4 Feb 2022
The Honorable Mayor Sammy Phillips
Mayor of Jacksonville
P. 0. Box 128
Jacksonville, NC 28541
Dear Mayor Phillips:
This letter is in response to your efforts to expand the City of
Jacksonville's Oyster Highway in the New River. This project
continues the nearly three decades of collaboration between the City
and the Installation. Marine Corps Base (MCB) Camp Lejeune's
Integrated Natural Resources Management Plan(INRMP) has multiple
goals that designate this project as desirable to include: Aquatic
Resources and Water Quality Management; Wildlife and Fisheries
Management; Outdoor Recreation and Enforcement; Regional
Conservation; and Conservation Outreach and Education.
Our staff has reviewed the site locations for the Oyster Reefs
and support the expansi6n of the oyster habitat with the exception
of sites five, seven,- and eight. These locations are within the
Unexploded Ordnance anomaly of the K-2 impact area. Reseeding
within these three sites should occur within the existing footprint
of each location.
We look forward to our continued partnership to implement
various efforts to improve the water quality throughout the New
River Estuary and support all efforts to seek additional funding
opportunities. The point of contact for this project is Mr. Joe
Ramirez, Community Plans and Liaison Officer, Marine Corps
InstallaEions East-MCB, Camp Lejeune, G-7, at joe.m.ramirez@usmc.mil
or (910)541-7645.
/Since//r�//
14-1-ZilAEL L. SCALISE ---- ---
RECEIVED
Assistant Chief of Staff, G-7
By Direcli.on of the
FEB 0 4 2022 Commanding General
DCM-MHD CITY
Weychert, Curtis R
From: McCurry CIV Timothy M <timothy.mccurry@usmc.mil>
Sent: Tuesday, March 15, 2022 2:32 PM
To: Weychert, Curtis R
Subject: [External] RE: K-2 Unexploded Ordnance anomaly area - New River Oyster Highway
Good afternoon Curtis,
This email is submitted to confirm that the reefs numbered 5, 9, and 10 are
the reefs that Camp Lejeune requests no expansion past the current
footprint.
r/
Tim
Tim McCurry
Marine Corps Liaison
Government and External Relations (G-7)
MCB Camp Lejeune and MCAS New River
(w)910-451-6945
(c) 910-554-8101
Email: timothy.mccurry@usmc.mil
-----Original Message -----
From: Weychert, Curtis R <curt.weychert@ncdenr.gov>
Sent: Tuesday, March 15, 2022 2:24 PM
To: McCurry CIV Timothy M <timothy.mccurry@usmc.mil>
Subject: [URL Verdict: Neutral][Non-DoD Source] K-2 Unexploded Ordnance
anomaly area - New River Oyster Highway
Mr. McCurry,
I hope this email finds you well. I wanted to clarify that our project
narrative which we will distribute to other agencies reflects appropriately
the concerns raised by the USMC Camp Lejeune. Attached are the maps and
corresponding reef numbers of the New River Oyster Highway. The applicant
has identified the reefs numbered 5,9, and 10 will have no expansion of the
current footprint. I wanted clarification that these sites are the sited
which were identified by the USMC as being of concern due to the possibility
of unexploded ordnances. If this is in fact correct, can you please confirm
that through email or another form pf correspondence? Thank you so much and
please let me know if you have any questions.
Regards,
Curt Weychert
Curtis Weychert
DCM Field Representative / Environmental Specialist II
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
252-240-9497
Curt.Weychert@ncdenr.gov <mailto:Curt.Weychert@ncdenr.gov>
400 Commerce Avenue
Morehead City, NC 28557
http://portal.ncdenr.org/web/cm/dcm-home
<http://portal.ncdenr.org/web/cm/dcm-home>
E-mail correspondence to and from thus address may be subject to the North
Carolina Public Records Law and may be disclosed to third parties.
MAJOR PERMIT FEE MATRIX
F�ta50
4 �566$a
Applicant: (zit 0 f 5{yk50t"
SeTED]development
velopment Type
Fee
:DCM%
(14300 160100931625 6253)
DWQ%
(24300 1602 435100095 2341)
te, non-commercial
that does not
$250
100%($250)
0%($0)
nvoe the filling or
excavation of any wetlands
or open water areas:
Il. Public or commercial
development that does not
$400
100% ($400)
0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
r Modification to a
$250
100%($250)
0%($0)
A Maor ermit
or development that
ves the filling and/or
vation of up to 1 acre
tlands and/or open
r areas, determine if A,
R
, or D below a lies:
). Private, non-mercial
development, if
$250
100%($250)
0%($0)
eral Water Quality
ification No. 4097 (See
hed can be a lied:
). Public or commercial
lopment, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4097 (See attached)
can be a lied:
III(C). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
4097 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
4097 (see attached) cannot
be applied:
IV. For development that
involves the filling and/or
$475
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
open water areas:
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project type:" For the Record Only (Courtesy Copy)
New Project
Modification/New Project with Existing ID
More Information Response
Other Agency Comments
Pre -Application Submittal
Re-Issuance\Renewal Request
Stream or Buffer Appeal
Pre -Filing Meeting Date Request was submitted on:
4/25/2022
Project Contact Information
Name: Patricia Donovan -Brandenburg
Wino is submitting the information?
Email Address:` Pdonovan-brandenburg@jacksonvillenc.gov
Project Information
Existing ID #:* Existing Version:`
20180260 3
20170001 (no dashes) 1
Project Name: " Extending New River Estuary Oyster Highway
Is this a public transportation project?'
Yes
No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?*
Yes No Unknown
County lies)
Onslow
Please upload all files that need to be submitted.
Click the upload button or drag and drop files here to attach document
3 Narrative NREOH EEG 20220224.pdf
224.23KB
4 Maps NREOH EEG 20220224.pdf
1.82MB
5 Plats NREOH 2O220224.pdf
1.54MB
City of Jacksonville #67-18MM AMENDED.pdf
195.2KB
Only pill ar kmz files are accepted.
Describe the attachments or add commends:
The New River Estuary Oyster Highway
(NREOH) is creating oyster habitat stepping stones in the central portion of the New River
Estuary (NRE) that support biogenic reefs via local hard -substrate subsidies, as well as NREwide
enhanced oyster larval supply. In turn, improved oyster (reef) fitness in the upper and
middle NRE will underpin improved biofiaration of sensitive estuarine waters, as well as support
a diverse nekton community of ecologically and economically prized species via provision of
essential fish habitat. Using funds provided by the North Carolina Attorney General's Office's
Enhancement Grant Program, we will expand the 12 existing NRE Oyster Highway sites by
adding >2,480,000 oysters and constructing an additional —1,850 patch reefs (across all NREOH
sites). Total project costs equal less than 100 per oyster added to the NRE (before even
accounting for the additional benefits of added oyster and mussel larval settlement substrate and
fish habitat resuiting from constructed patch reefs, as well as value-added scientific research on
oyster reef restoration dynamics).
*v By checking the box and signing box below, I certify that:
I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the
best of my knowledge and belief.
• I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
• I intend to electronically sign and submit the online form.
Signature:*
Submittal Date: April 25th 2022
Is filled in automatically once submitted,
ROY COOPER
Gover ro
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 25, 2022
City of Jacksonville
c/o Pat Donovan -Brandenburg
P.O. Box 128
Jacksonville, NC 28540
Dear Mrs. Donovan -Brandenburg:
NORTH CAROLINA
Environmental Quality
The NC Division of Coastal Management hereby acknowledges receipt of your application for a State
approval for development of New River Estuary Oyster Highway Project Within the New River,
Onslow County. The application was received as complete on June 2, 2022 and appears to be
adequate for processing at this time. The projected deadline for making decision is August 16, 2022;
however, 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. An additional letter will be provided if necessary.
If this agency does not render a permit decision within 75 days from the date the application was
received as complete, you may request a meeting with the Director of the Division of Coastal
Management and permit staff to discuss the status of the application. Such a meeting will be held
within five working days from the receipt of your written request and shall include the property
owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted on
the property of the proposed development. This notice should be posted at a conspicuous location
on the property where it can be observed from a public road. Failure to post this notice could result
in an incomplete application.
Onsite inspections will be made, and if additional information is required, you may be contacted by
the appropriate State or Federal agency. A written request is required if you wish to receive a copy
of the field report and/or comments from reviewing agencies. Please contact me or Gregg Bodnar,
Asst. Major Permits Coordinator, if you have any questions.
Sincerely,
UZA
Curt Weychert
Field Representative
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City. North Carolina 28557
252808.2808
NOTI(ow'$1704
CAMA PERMIT
APPLIED FOR
PROJECT: Expansion of 9 of 12 existing Oyster
Reefs and material addition to 12 existing Oyster
Reefs adjacent to Camp Lejeune within the New
River Estuary,
COMMENTS ACCEPTED THROUGH ✓ily5, 2022
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
City of Jacksonville --� Curt Weychert - DCM
815 New Bridge Street 400 Commerce Avenue
Jacksonville, NC 28540 Morehead City, NC 28557
(252)808-2808 ext. 211
Coastal Management
ENVIRONMENTAL OUALITV
Jacksonville Daily News
Re: Public Notice —City of Jacksonville
Dear Sir:
Please publish the attached Notice in the April 17, 2022 issue of the News Times.
ROY COOPER
(,,,,,
MICHAEL S. REGAN
BRAXTON DAVIS
4/12/2022
The State Office of Budget and Management requires an original Affidavit of Publication prior to
payment for newspaper advertising. Please send the affidavit, an original copy of the published
notice, and an original invoice to Amanda Cannon, NC Division of Coastal Management,
AMANDA.CANNON @NCDENR.GOV.
Thank you for your assistance in this matter. If you should have any questions, please contact
me at our Morehead City office.
Sincerely,
Amanda Cannon
Coastal Management Representative
Enclosure
cc: Jonathan Howell, Acting District Manager
Gregg Bodnar, Assistant Major Permits Coordinator
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Ave I Morehead City, NC 28557
252 808 2808
NOTICE OF FILING OF APPLICATION FOR CAMA
The Department of Environment and Natural Resources hereby gives public notice as required
by NCGS 113A-119(b) that an application for a development permit in an Area of Environmental
Concern as designated under the CAMA was received on 3/25/2022. According to the
application, the City of Jacksonville applied to increase the footprint area and materials on nine
of twelve existing oyster reefs in the New River. A copy of the entire application may be
examined or copied at the office of Curt Weychert, NC Division of Coastal Management, located
at 400 Commerce Avenue, Morehead City, NC, (252) 808 2808 during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400
Commerce Avenue, Morehead City, N.C. 28557, prior to 2/5/2020 will be considered in making
the permit decision. Later comments will be accepted and considered up to the time of permit
decision. Project modification may occur based on review and comment by the public and state
and federal agencies. Notice of the permit decision in this matter will be provided upon written
request.
PUBLISHED ON: 4/17/2022
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Ave I Morehead City, NC 28557
252 808 2808
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
June 6, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
greQQ. bodnar(rD NCDENR.gov
SUBJECT: CAMA Major Permit Application Review
Applicant: City of Jacksonville
Project Location: New River Estuary Oyster Highway, Onslow County
Proposed Project: Major Modification to Major Permit #67-18
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grego Bodnar at the address above by July 5, 2022. If you have any questions
regarding the proposed project, contact Curt Weychert 252-515-5413.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"*Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME
AGENCY
SIGNATURE
DATE
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808
DCM Coordinator: Gregg Bodnar
Applicant: Q A
,l
Distributed Yes®
W%
Date:
No ❑
AGENCY
WIRO^v'yeu�'
WARO
iw"M
LPO
Z
Rachel Love Adrick MHC
Rachel Love Adrick Washingon
DCM Planner
ike Christenbury Wilmington
Charlan Owens Eliz City
US COE:
Vz Hair
Raleigh Bland (Beaufort, Camden,
(Carteret Onslow, Pender)
Chowan, Craven, Hertford, Hyde,
Greg Curry
Perquimans, Tyrrell)
(Brunswick, New Hanover)
Josh Peletier — (Bertie, Currituck, Dare, Gates,
US COE (NC DOT)
DOT Brad Shaver
Pamlico, Pasquotank, Washington)
(Brunswick, New Hanover, Onslow,
DOT - Tom Steffans — (Beaufort, Carteret,
Pender)
Craven, Pamlico
Mark Zeigler (Onslow, P r, New
Community Assistance
Hanover, Brunswick)
Lee Padrick (Beaufort, Carteret
Lee Padrick (Beaufort Carteret Craven
Craven, Eliz City, Pamlico, Washington)
Eliz City, Pamlico, Washington
Cultural Resources
Renee Gledhill -Earley
Renee Gledhill -Earley
Div. of Water
Infrastructure
Heidi Cox
Clif Whitfield
Marine Fisheries
Kimberlee Harding
James Harrison
NC DOT
David Harris
David Harris
Shellfish Sanitation
Shannon Jenkins & Sharon Gupton
Shannon Jenkins & Sharon Gupton
State Property
Tim Walton & Mike Moser & Wanda
Tim Walton & Mike Moser &
Hillard
Wanda Hillard
DEMLR/DWR:
Sheri A. Montalvo
Sheri A. Montalvo
(NC DOT)
Kristy Lynn Carpenter'
Kristy Lynn Carpenter
DEMLR
hn Perry
Sediment & Erosion
ley Snider
Samir Dumpor
Storm water
Dan Sams
Roger Thorpe
DWR 401
Christine Hall
Chris Pullinger
Joanne Steenhuis Brunswick, New
Hanover, Onslow, Pender
(NC DOT)
Garcy Ward
WRC
Maria Dunn (WARO)
Maria Dunn (WARD)
WRC (NC DOT)
Travis Wilson
Travis Wilson
Natural Heritage Prograrrh
Rodney Butler
Rodney Butler
https:Hncconnect-my.sharepoint.com/personal/amanda_cannon ncdenr_gov/Documents/Documents/Major Forms/Maj
Comment Distribution Sheet.docx
Revised : 5/7/2019
Amanda J
From:
Sent:
To:
Subject:
Attachments:
Get Outlook for iOS
Weychert, Curtis R
Thursday, June 2, 2022 3:28 PM
Cannon, Amanda J
Fwd: [External] 3 Narrative NREOH
3 Narrative NREOH EEG 20220224
20220224.pdf- send this one corrected version
From: Pat Donovan -Brandenburg <pdonovan-brandenburg@jacksonvillenc.gov>
Sent: Thursday, June 2, 2022 10:42:25 AM
To: Weychert, Curtis R <curt.weychert@ncdenr.gov>
Subject: [External] 3 Narrative NREOH EEG 20220224.pdf- send this one corrected version
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Use this one,
For some reason there was a spacing error in the last one.
Not sure why.
Please distribute this one.
Thanks
PAT DONOVAN-BRANDENBURG
STORMW(ATER MANAGER
CITY oP.JACKSONVILL£
PO BOX 128
615 NEW BRIDE£ ST
JACKSONVILLE, NC 28541
910-95$-6446
—This Is a word processing form to be completed in Mlerosoft Word—
NC Division of Coastal Management.
Major Permit Application Computer Sheet - EXPRESS PERMIT APPLICATION
(03/10/2020)
Applicant: City of Jacksonville - Dale: 6/2/2022
Pmject Site County: Onslow
Staff: Cud Weycherl
District ❑Elizabeth City ❑Washington
®Morehead City ❑Wilmington
Project Name: New River Oyster Highway
SITE DESCRIPTION/PERMIT INFORMATION
PNA: ❑Yes ENo
Photos Taken: Yes NOS
Setback Required (riparian): ❑Yes E
No
Critical Habitat ❑Yes ENO ❑Not Sure
15 fool waiver obtained: ❑Yes ENO
Hazard Notification Returned:
❑Yes ENO
SAV: []Yes ONO UNOt Sure
Shell Bottom: ®Yes ONO 0 Not
Temporary Impacts: Yes ZNo
Sure
Sandbags: ❑Yes No El Not Sure
Did the
land use classification came from
Mitigation Required (optional):
LUP: ®Yes
[]No
❑Yes ENO
Moratorium Conditions: ❑Yes ENO
Environmental Assessment Dane:
DNA
I ❑Yes ONO E NA
SECONDARY WATER CLASSIFICATION -OPTIONAL (choose MAX of 4)
WETLANDS IMPACTED
(404) Corp: of Engineers (Jurisdictional
(LS) Sea lavender (Limonlum sp.)
(SS) Glasswon (Salicomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
(SA) Sall marsh car :grass (Spading
El (SY) Salt reed grass (Spading
altemigora)
cynosuroides)
El (DS) Salt or spike gross (Distichlis
El (SC) Bullmsh or three square (Scrpus
El (TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlemsh (Junes
Ej (SP) Salt/meadow grass (SpaNna
roemem mus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
Ej III(A) Private w/ D&F up to 1 acre;
❑ III(D) Pdv. public or commw/ D&F to 1
3490 can be applied - $250
acre; 3490 can't be applied - $400
Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
IV Any development Involving D&F of
permit -$100
permit -$250
more than 1 acre -$475
Permit Transfer - $100
III(S) Public or commercial w/D&F to
❑Express Permit -$2000
acre; 3490 can be applied - $400
Major development extension request-
IL Public or commercial/no dredge
$100
and/or fill-$400
252-808-2808 :: 1-8884RCOAST a wwwnccgasWImanagemgn1.net revised: 02HS/10
NC Division of Coastal Mgt. Application Computer Sheet, Page z of 4)
❑ I. Private no dredge and/or fill - $250
1II(C) Pdv. public or mmm w /D5F to 1
acre; 3490 can be applied; DCM needs
DWQ agreement - $400
revised 02/15/10
NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4)
Applicant City of Jacksonville
Date: 61W2
(oL_AII Valaea should `match the dlmenabn oFdep anE a n I & of
Activity Name
Number
TYPE
Choose
One
REPLACE
Choose
One
Dim snsion 1
Dimension 2
Dimension 3
Dimension 4
Estuarine Fill
5
New Wmk ®
Maint❑
Replace
❑Y ®N
9811
230ft
(12 reefs)
NC Division of Coastal Mgt. Application Computer Sheet, Page a of 4)
Applicant: City of Jacksonville
Date: 6/6/22
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found In your Habitat code sheet. '
Habhat Name
DISTURBTYPE
Choose One
TOTAL Sq. Ft
(Applied for.
Disturbance total
includes any
anticipated
restoration or
tamp Impacts)
FINAL Sq. Ft.
(Anticipated final
dislumance.
Exdudes any
restoration
and/or temp
im ad amount)
TOTAL Feet
(Appliedfer.
Disturbance
total includes
any anticipated
restoration or
tamp m ads
FINAL Feet
(Anticipmedfinal
disturbance.
Exdudes any
restoration and%or
temp impact
amount)
Open Water
Dredge ❑ RII ® Both ❑ Other ❑
6.21 so
6.21 so
Dredge ❑ Fill ❑ Both [ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Bath ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill [I Both ❑ Other ❑
252.808-2808 :: 1.8884RCOAST u w nccoastalmanagement.net revised: OZ15110
***This is a word processing form to be completed in Microsoft Word***
NC Division of Coastal Management
Major Permit Application Computer Sheet - EXPRESS PERMIT APPLICATION
(03/10/2020)
Applicant: City of Jacksonville
Date:4/11/22
Project Site County: Onslow
Staff: Curt Weychert
District: Elizabeth City Washington
®Morehead City ❑Wilmington
Project Name: New River Oyster Highway
Date of initial application submittal (EX: 1/8/2007): 12/20/2021
Date application "received as complete" in the Field office (EX: 1/8/2007): 3/25/22
Permit Authorization: OCAMA Odredge & Fill OBoth
SITE DESCRIPTION/PERMIT INFORMATION
PNA: Yes ®No
Photos Taken: Yes No
Setback Required (riparian): Yes
® No
Critical Habitat: ❑Yes ®No TINot
15 foot waiver obtained: []Yes ®No
Hazard Notification Returned:
Sure
[]Yes ®NO
SAV: OYes ONO Not Sure
Shell Bottom: OYes No ❑ Not
Temporary Impacts: Yes ONO
Sure
Sandbags: Yes ONO Not
Did the land use classification come
Mitigation Required (optional):
Sure
from LUP: ®Yes []No
[]Yes ®No
Moratorium Conditions: LjYes NNo
Environmental Assessment Done:
[]NA
❑Yes []No ® NA
SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4)
Lj Future Water Supply (FWS)
0 Nutrient Sensitive Waters (NSW)
0 Swamp Waters (SW)
High Quality Waters (HQW)
Outstanding Resource Waters
(OR"
WETLANDSIMPACTED
❑ (404) Corp. of Engineers
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicornia sp.)
(Jurisdictional wetlands)
(CJ) Saw grass (Cladium
(SA) Salt marsh cordgrass
El (SY) Salt reed grass (Spartina
jamaicense)
(Spartina afterniflora)
cynosuroides)
El (DS) Salt or spike grass (Distichlis
(SC) Bullrush or three square
El (TY) Cattail (Typha sp.)
spicata)
(Scirpus sp.)
(JR) Black needlerush (Juncus
❑ (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
No fee required - $0.00
III(A) Private w/ D&F up to 1 acre;
Ll III(D) Priv. public or Comm w/ D&F
3490 can be applied - $250
to 1 acre; 3490 can't be applied - $400
❑ Minor Modification to a CAMA
❑ Major Modification to a CAMA Major
10 IV Any development involving D&F
Major permit - $100
permit - $250
of more than 1 acre - $475
Permit Transfer - $100
Ll III(B) Public or commercial w/ D&F
❑ Express Permit - $2000
to 1 acre; 3490 can be applied - $400
252-808-2808 :: 1.888-4RCOAST :: www.neeoastalmanaaement.net revised:
02115/10
NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 4)
❑ Major development extension
❑ II. Public or commercial/no dredge
request - $100
and/or fill - $400
❑ I. Private no dredge and/or fill -
❑ III(C) Priv. public or comm w /D&F
$250
to 1 acre; 3490 can be applied; DCM
needs DWQ agreement - $400
revised 02/15/10
NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4),
Applicant: City of Jacksonville
Date: 4112/22
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
Artificial Reef
1
New Work
Replace
L 98 ft
W 230 ft
Maint ❑
❑ Y ON
Artificial Reef
1
New Work
Replace
L 98 ft
W 230 ft
Maint ❑
❑ Y EN
1
New Work ®
Replace
Artificial Reef
Maint ❑
❑ Y ON
L 98 ft
W 230 ft
1
New Work ®
Replace
Artificial Reef
Maint ❑
Ely ON
L 98 ft
W 230 ft
1
New Work ®
Replace
Artificial Reef
Maint ❑
Ely ® N
L 98 ft
W 230 ft
Artificial Reef
1
New Work
Weace
L 98 ft
W 230 ft
Maint ❑
Ely ON
1
New Work ®
Replace
Artificial Reef
Maint ❑
❑ Y ON
L 98 ft
W 230 ft
1
New Work ®
Replace
Artificial Reef
Maint ❑
Ely ON
L 98 ft
W 230 ft
Artificial Reef
1
New Work
Replace
L 98 ft
W 230 ft
Maint ❑
❑ Y ® N
revised 02/15/10
NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4)
Applicant: City of Jacksonville
Date: 4/12/22
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet.
Habitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft
(Applied for.
Disturbance total
includes any
anticipated
restoration or
temp impacts)
FINAL Sq. Ft.
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
impact amount)
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp impacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amount
Open Water
Dredge ❑ Fill ® Both ❑ Other ❑
6.21 ac
6.21 ac
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
252.808-2808 :: 1-888.4RCOAST :: w .nccoastalmanaaement.net revised: 02/15/10
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: City of Jacksonville (New River Estuary Oyster Highway)
Major Mod
2. LOCATION OF PROJECT SITE: 12 locations on New River, Onslow County
Latitude: 34040.1 IN Longitude:77°21.33W
34039.31N 77021.18W
34038.27N 77020.21 W
34036.43N 77021.46W
34°38.15N
34°39.11N 77022.52W
34°41.51N 7712.27W
34037.5 N 77020.49W
34037.1 77°23.06 W
34037.2 77022.33
34040.4 0
34043.0 ;77,2
1 W
3. INVESTIGATION TYPE: CAMA,
4. INVESTIGATIVE PROCEDURE: tes of Site 2/18/19
as Applicant P sent — No
5. PROCESSING PROCEDURE ation Retived—12/20/2021
Applica Complete- RYA �'1alaoaa
Office — Mo ehead City
6. SITE DESCRIPTION:
(A) Local Land Use Pla — ow Count
Land Classification fr LU — i itary
(B) AEC(s) Involved: EW,
(C) Water Dependent: (yes)
(D) Intended Use: Public
(E) Wastewater Treatment: Existing — N/A
Planned — NA
(F) Type of Structures: Existing — None
Planned — Oyster Reef
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
7. HABITAT DESCRIPTION:
DREDGED FILLED OTHER
(A) Open Water N/A 4.67 ac (22,604 N/A
SF per 9 sites)
Field Investigation Report:
City of Jacksonville "
Page 02
(D) Total Area Disturbed: 4.6 ac
(E) Primary Nursery Area: No
(F) Water Classification: SC -NSW
(G) Shellfish Classification: Open/Closed
8. PROJECT SUMMARY: The City of Jacksonville is proposing to increase the footprint of
9 of the 12 sites of their existing Oyster Highway by increasing the area of 9 of the 12
existing oyster reefs and increase the amount of materials of all 12 oyster reefs in the New
River. Each of the 9 sites to be increased would increase by .5 acre in size.
9. NARRATIVE DESCRIPTION:
The City of Jacksonville is proposing a major modification to existing permit #67-18,
issued on June 29, 2018, with a proposal to construct 6 oyster reefs within the New
River Estuary. Permit #67-18 had a previous major modification issued on May 8,
2020. The major modification authorized the construction of 6 new oyster reefs
within the New River Estuary. The active permit has an expiration date of December
31, 2023. Previous permits have a previous USACE COE Action Id. No. SAW-2017-
02514 and a DWR Project No. 2018-0260 v2
The City of Jacksonville project is located in the Farnell Bay and Morgan Bay area of the
New River in Onslow County. Farnell Bay is located South of Jacksonville and is
surrounded by Camp Lejeune on both shorelines. Morgan Bay is located North of Faiell
Bay and is surrounded by Camp Lejeune on both Shorelines. There are six areas within
Famell Bay and six areas within Morgan Bay that the applicant is proposing an increase in
the footprint of man made oyster reefs.
The 12 existing sites all have water depths that are approximately -3' to -5' NWL. The
Shoreline on both sides of this area are a mix of base infrastructure and wooded ranges.
New River is I to 2 miles wide in this area. The substrate of Farrell bay is a mixture of
silt and sand.
The Division of Water Resources classifies this area of New River as joint waters and SC -
NSW waters. This is not a Primary Nursery Area. Some areas of the project are located in
waters open to the harvesting of shellfish and other areas are closed to harvesting shellfish.
There are no SAV's or significant shellfish populations in the areas to be disturbed. The
parcel is classified in the Onslow County LUP as Military.
10. PROJECT DESCRIPTION: The City of Jacksonville is proposing to increase the
footprint area of 9 existing oyster reefs within the New River and adding additional reef
material to 3 existing oyster reefs. Reefs 1, 2, 3, 4, 6, 7, 8, 11, 12 would increase 30m x
70m (22,604ft2) each in area and reefs 5, 9, and 10 would remain in the same footprint and
have the same amount of reef material placed within the existing reef boundaries. On each
reef area would be placed 14 oyster castle units and 552 oyster catcher patties and 138 oyster
catcher "rods" which will secure the patties to the substrate. Additionally, on the eight most
downstream estuary sites, 32 "seeded" Oyster Catcher tuffs will be added to all 97 Oyster
City of Jacksonville
Page 03
Catcher patch reefs as a top dressing. The configuration of these structures is depicted on
a diagram in the application packet. The structures would extend 16" off the substrate into
the water column. Oyster castles will have base dimensions of 24" x 36", and the oyster
catcher patties will have a base diameter of 24". Each boundary area would be marked with
4"X4" wooden posts which would extend 6' above NWL. The posts would have reflective
bands on all surfaces. Signage would be attached to posts identifying the oyster areas.
The proposed increase of footprint area of 9 existing oyster reefs and additional reef material
being placed within the existing footprint of three existing reefs is part of an overall "Oyster
Highway." The applicant has stated that continuing of monitoring will occur. The Assistant
Chief of Staff of the United States Marine Corps at Camp Lejeune provided a letter of
support for the project, however identified three reef sites, reefs 5, 9, and 10, which are
located within the Unexploded Ordinance anomaly of the K-2 impact area. In initial
correspondence dates February 4, 2022, from Michael Scalise, Assistant Chief of Staff,
G-7, indicated concerns with reef numbers 5, 7, and 8. However, there was
miscommunication between the City of Jacksonville and the USMC regarding the
numbering of reefs compared to their geographic location. Upon further clarification,
dated March 15, 2022, with Tim McCurry, Marine Corps Liaison, referencing the CAMA
Major PermitApplication maps, Mr. McCurry verified that the reefs of concern were reefs
numbered 5, 9, and 10.
11. ANTICIPATED IMPACTS: The proposed reef project would impact by usurpation
474,688 ftz (10.9 acres) of Public Trust bottom. Any turbidity resulting from placement of
material would be temporary as the material would be placed by hand. The project
should result in an overall increase in water quality and biodiversity.
Name: Curt Weychert Date: 3/25/2022 Morehead City
DeM MP-1
APPLICATION for
Major Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1, Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
City Of Jacksonville
New River Estuary Oyster Highway
Applicant 1: First Name
MI
Last Name
Pat
Donovan -Brandenburg
Applicant 2: First Name .
IG11
Last Nanne -
If additional applicants, please attach an additional page(s) wi
Mailing Address mor
B ity
State
P.O. Box 128
128 acksonville
NC
ZIP
Country
Phone No.
�""
FAX No.
28540 0001
us
910 - 938 - 6446 ext.
n/a -
StreetAddress(rfdifferentfromabove)
StateZIP815
New Bridge Street
rJacksonville
NC
28540-
Email
pdonovan-brandenburg@jacksonvillenc.gov
2. Agent/Contractor Information
Business Name
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 (if different from above)
city
State
ZIP
Email
<Form continues on back>
RECEIVED
DEC 2 0 2921
252-808-2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.ndDCM-MHD CITY
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Onslow
na
na
Subdivision Name
city
State
Zip
na
Jacksonville
NC
28540 - 28547
Phone No.
Lot No.(s) (rf many, attach additional page with list)
na- ext.
na, I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
New River Estuary
New River Estuary (Farnell Bay, Morgan Bay)
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
New River Estuary
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
❑Yes ®No
work falls within.
na
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
na
12 tracts' 22,602 sgft (0.518 ac) = 271,224 sqft (6.22 ac)
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
na, I
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
-1.25 m (NHW), -0.75 m (NWL) ®NHW or ®NWL
e.
Vegetation on tract
None. We are only going to work on shallow sand/mud mix bottom
f.
Man-made features and uses now on tract
he
g.
Identify and describe the existing land uses adiacent to the proposed project site.
Both the eastern and western shorelines of Famell Bay and Morgan Bay belong to the Marine Corps Base Camp Lejeune
and Marine Corps Air Station New River. Witihn the New River Estuary, small personal fishing boats and duck hunting
boats will sometimes pass along the shallow margin of Farnell Bay. Transiting boats use the marked channel in the deeper
sections of the New River Estuary. Commercial shellfishing (largely clamming) and shrimping occur primarily seaward of our
proposed sites (i.e., Stones Bay and south).
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
Coastal sound
(Attach zoning compliance certificate, if applicable)
[]Yes ❑No ®NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ®NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does ft involve a ❑Yes []No ®NA
National Register listed or eligible property?
<Form continues on next page>
RECEIVED
DEC 2 0 2021
252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net DCM-MHD CITY
Form DCM MP-1 (Page 3 of 4)
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
(Ili) 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.
na
o. Describe existing drinking water supply source.
na
p. Describe existing storm water management or treatment systems.
na
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ®Public/Government
❑Private/Community
b. Give a brief description of purpose,.use, and daily operations of the project when complete.
The New River "Oyster Highway' will cr t ing stones in the central portion of the New River Estuary
(NRE) that will host oyster brood slot u io t t pply larvae to habitats within the central and upper portions of
the NRE. We will deploy subtable subs a at ma a combination of (1) established oyster substrates (oyster
castles), and (2) novel substrate technology developed in eastern North Carolina as the means to support oyster populations
on the created stepping stone habitats. Enhanced oyster populations would provide valuable ecosystem services across the
watershed and serve as destination sites for recreational fishers.
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 attached detailed narrative, maps, plats, and photos.
d. List all development activities you propose.
Oyster reef substrate placement (see attached narrative for further explanation).
e. Are the proposed activities maintenance of an existing project, new work, or both? Extension of existing project.
f. What is the approximate total disturbed land area resulting from the proposed project? 271,224 sgft ®Sq.Ft or ❑
Acres
g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
Na
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. RECEIVE
DEC 2 0 2021
252-808-2808 :: 1-888.4RCOAST :: www.nccoastarmanagement.nepCM_MHD CITY
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
<Form continues on back>
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -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 na, although see support letter from Marine Corps base Camp Lejeune Phone No.
Address
Name Phone No.
Address
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract.. Include permit numbers, pernittee, and issuing dates.
h. Signed consultant or agent authorization forth, if applicable.
I. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
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 _12/14/2021 P ' am Pat Do an -Brandenburg
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures Information DEC 2 U 2021
DCM-MHD CITY
252-808-2808 :: 1-888-4RCOAST :: www.nccoa stal management. net
Form DCM M13-2
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
230 ft (twelve
sites)
Width
98 it (twelve
sites)
Avg. Existing
NA
NA
3-5 ft
Depth
Final Project
NA
NA
3-5 ft
Depth
1.
EXCAVATION
®This section not applicable
a.
Amount of material to be excavated from below NHW or NWL in
b. Type of material to be excavated.
cubic yards.
1
c.
(i) Does the area to be excavated include coastal wetlands/marsh round excavation in cubic yards.
(CW) submerged aquatic vegetation (SAV), shell bot
If any boxes are checked, t
or other wetlands (WL)? p
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL []None
(ii) Describe the purpose of the excavation in these areas:
2.
DISPOSAL OF EXCAVATED MATERIAL
®This section not applicable
a.
Location of disposal area.
b. Dimensions of disposal area.
c.
(i) Do you claim title to disposal area?
d. (i) Will a disposal area be available for future maintenance?
❑Yes []No ❑NA
❑Yes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner.
(ii) If yes, where?
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL [--]None
(ii) Describe the purpose of disposal in these areas:
f. (i) Does the disposal include any area in the water?
[]Yes ❑No ❑NA
(ii) If yes, how much water area is affected?
DEC 2 0 2F,
DCM-MHD CITY
252-808.2808 :: 1-888ARCOAST :: www.nccoastalmanacement.net revised: 12126/06
Form DCM MP-2 (Excavation and Fill, Page 2 of 3)
3. SHORELINE STABILIZATION ®This section not applicable
(if development is a wood groin, use MP-4 — Structures)
a. Tvpe of shoreline stabilization: b. Length:
❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width:
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill Riprap
Breakwater/Sill Other
i. Source of fill material.
f. (i) Has there been shoreline erosion during preceding 12
months?
❑Yes ❑No ❑NA
(ii) 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 14 oyster
castle reefs at each of twelve sites: 96 ovster catcher reefs at
each of twelve sites, and 2.176 ovster catcher tuffs at each of
eight sites
(III) Dimensions of fill area Twelve 22,604 soft tracts o
(iv) Purpose of fill
To provide hard substrate for oysters and habitat for
fishes/crustaceans
submerged aquatic vegetation (SAV), shell bottom (56), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WLM ®None
(i rlbe the purpose of the fill in these areas:
Crovide hard substrate for oysters and habitat for
fishes/crustaceans
5. GENERAL
a. How will excavated or fill material be kept on site and erosion b.
What type of construction equipment will be used (e.g., dragline,
controlled?
backhoe, or hydraulic dredge)?
Oyster castle material is comprised of interlocking blocks that have
Material will be deployed by hand from small boats.
demonstrated an ability to stay on site (together) even in high
energy intertidal settings (i.e., as living shoreline material
designed to reduce wave energy and shoreline erosion). Oyster
catcher material also forms interlocking units (particualrly as
oysters settle and grow on this substrate), and will be further
RECEIVED
secured in place using posts driven into the sediments through
the "donut hole" of the patties. Sites will be monitored long-term
�?
to ensure material remains on site.
DEC 2 2
DCM-MHD CITY
c. (1) Will navigational aids be required as a result of the project? d.
(i) Will wetlands be crossed in transporting equipment to project
®Yes []No ❑NA
site? []Yes ®No []NA
(ii) If yes, explain what type and how they will be implemented.
(ii) If yes, explain steps that will be taken to avoid or minimize
The boundaries (corners) of each 22,604 sqft tract will be
environmental impacts.
marked with 4" posts extending 6' above MHW. Each marker
post will include reflective bands (360') and signage indicating
the site as a restoration project (and shellfish research reserve).
252-808.2808 :: 1.888-4RCOAST :: www.nccoastaimanauement.net
revised: 12/26/06
Form DCM MP-2 (Excavation and Fill, Page 3 of 3)
12/14/2021
Date
New River Estuary Oyster Highway
Project Name
City of Jacksonville (Pat Donovan -Brandenburg)
RECEIVED
DEC 2 0 2021
DCM-MHD CITY
252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmananement.net revised: 12/26/06
NOTE REGARDING NARRATIVE: This proposal was submitted with a budget
projection of $249,500, and was subsequently awarded $175,000 from the EEG program.
Thus, all substrate deployments — on a site -by -Site basis — will now equal 70% of what is
proposed in the text below.
Title: Extending the New River Estuary Oyster Hig
Applicant: City of Jacksonville (Lead: Pat Do an- Brandenburg), J cksonville, NC
Location: New River Estuary, NC (Famell a . 560,-77.3500; organ Bay: 34.6890, -
77.3660; nearest town: Jacksonville, NC) ' Oak i Basi
Need and Relevance to EEG Pro am iorities: The Ne ' er Estuary Oyster Highway
(NREOH) is creating oyster habitat ste ing stones in t central portion of the New River
Estuary (NRE) that support biogenic e ' local ha -substrate subsidies, as well as NRE-
wide enhanced oyster larval supply. n turn, imp oyster (reef) fitness in the upper and
middle NRE will underpin im biofiltration o sensitive estuarine waters, as well as support
a diverse nekton co uni of ecolo 'cally an onomically prized species via provision of
essential fish habitat. sin unds prov ed by the North Carolina Attorney General's Office's
Enhancement Grant P gram, a will a and the 12 existing NRE Oyster Highway sites by
adding >2,480,000 oyst s and c struc ng an additional —1,850 patch reefs (across all NREOH
sites). Total project costs qual less 100 per oyster added to the NRE (before even
accounting for addition benefits of added oyster and mussel larval settlement substrate and
fish habitat resulting m co structed patch reefs, as well as value-added scientific research on
oyster reef restoration dyn ' ).
Regional Priority: The NRE is classified as nutrient sensitive waters, and long-term nutrient
inputs into the NRE have caused algal blooms, high turbidity, and bottom -water hypoxia/anoxia
— all of which have exacerbated loss of oyster reef habitat (via intense sedimentation). Efforts by
several entities have and are taking place to improve water quality and fisheries production in the
NRE (e.g., land application of wastewater by the City of Jacksonville). As part of this long-term
effort, it is thought that conditions are now returning to a state conducive for oyster reef
persistence throughout much of the NRE (see oyster recruitment data Figure in main narrative).
In turn, increased oyster biomass in the NRE will contribute toward continued improved water
quality via the biofiltration activities of shellfish (oysters and mussels), facilitating a positive -
feedback loop between water quality and benthic habitat extent. In this context, the NRE Oyster
Highway project is leveraging an integrated, landscape- and watershed -scale approach for
holistic ecosystem and habitat -based fishery conservation.
Fishery Benefits: Oyster reefs are essential fish habitat via provision of structurally complex
foraging, refuge, nursery, and spawning environments for a broad suite of fishes and crustaceans
(NOAA Fisheries). As such, oyster reef restoration supports NOAA's Fisheries Policy and
Implementation Plans by providing this crucial habitat subsidy in degraded estuarine systems.
Technical Merit: Permitting and initial construction of Phase I (6 sites constructed in 2019 as
"Phase I") and lI (6 sites constructed in 2020 as "Phase II") reefs of the NRE Oyster Highway
have already been completed. This experience and practical know-how provides our team a huge
boost in ramping up work on the proposed EEG -support expansion of the Oyster Highway
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restoration sites. Our existing CAMA Major Development Permits will be resubmitted for
modification (a streamlined process) in late 2021 — as soon as we are made aware that EEG
funds will be awarded - to include our proposed EEG -supported work.
Design of each of the 12 existing and identically arranged NRE Oyster Highway sites are
summarized briefly: each site is defined by a reef landscape footprint of 70 in * 30 in, located
subtidally but in close proximity to shore (within —200 m), and away from navigation channels.
Over %z of each site, we have deployed 90 Oyster Castle® patch reefs. Each Oyster Castle® patch
reef is comprised of 8 concrete blocks (12" * 12" * 8" [L*W*H]; overall dimensions of each
patch reef: 36" * 24" * 16"). On the other half of each site, we deployed 90 Oyster CatcherTM
patch reefs. Each Oyster Catchefrm patch reef is comprised by 10 manufactured patties (12" * 4"
[D * H] disks; overall dimensions of each patch reef: 24" * 24" * 16"). Both Oyster Castle
blocks and Oyster Catcher patties are stackable and interlocking, and are designed to create
complex, stable habitat with exceptional small-scale rugosity that fosters oyster (and mussel)
larval settlement/survival and nekton utilization (see associated project photos). Currently, each
Oyster Highway site is comprised of 180 patch reefs.
Using EEG support, we propose to extend and expand the scope of each NRE Oyster Highway
site. In 2022, at each site we propose to: (1) construct 7 additional Oyster Castle patch reefs,
using the same design as we have previously adopted (additionally, each patch reef will be
underlaid by an Oyster Catcher mat to reduce reef subsidence into surrounding sediments); Also,
(2) we will construct an additional 69 Oyster Catcher patch reefs using a slightly modified
design. This design will include 5 patty structures — one basal 24" D disk, with three 12" D disks
stacked on top, as well as a "rod" patty running through the center of those four disks. We have
adapted the configuration of Oyster Catcher patch reefs based on lessons learned in initial Phase
I and 11 construction (i.e., maximizing open surface area for oyster attachment and minimizing
patch reef subsidence into surrounding sediments). Finally, (3) at the eight most -down -estuary
sites, we will add 16 "seeded" Oyster Catcher tuffs as a top dressing to all 97 Oyster Castle patch
reefs at each site (i.e., the existing 90 Oyster Catcher reefs plus the 7 newly constructed Oyster
Castle reefs). Notably, "seeding" involves first placing substrates in areas of high natural oyster
settlement (e.g., the lower NRE during spring), and then transplanting those seeded materials
(tuffs in this case, transplanted to NREOH sites in fall, alter larval settlement pulses) to areas in
need of stocking to enhance local spawning biomass. Based on previous work, we anticipate that
each tuff will be covered with > 100 juvenile (thumb -sized) oysters after "seeding" and when
moved to Oyster Highways sites. We are targeting the eight most -down -estuary sites for
"seeded" tuff additions as previous Phase I and Il work (and associated monitoring) has indicated
that survival of transplanted, seeded oysters is particularly high and cost-effective at those sites.
In 2023, we will further extend each NRE Oyster Highway site with: (1) 7 additional Oyster
Castle patch reefs; (2) 69 additional Oyster Catcher patch reefs; and (3) 16 additional "seeded'
tuffs top -dressed on 97 Oyster Castle patch reefs (eight -most down -estuary sites).
At the completion of this work, we will have expanded the NRE Oyster Highway sites via the
addition of —1850 patch reefs (across 12 sites) and >248,000 "seeded tuffs (>2,480,000 juvenile
oysters, across 8 sites). This represents nearly a doubling of oyster reef material across the NRE
Oyster Highway.
Assessment/Performance Metrics: The following outcomes will be indicators of success
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1) The expansion of 12 existing New River Estuary Oyster Highway sites via the addition of
>2,480,000 oysters and construction of —1,850 small patch reefs (summed across all
sites). These efforts will increase biofiltration in the New River Estuary and immediately
provide structurally complbx fish and crustacean habitat in the NRE.
2) Oyster densities >10 m2 on reef sites (per NOAA Tier 1 monitoring guidance) for>2
years.
3) The persistence/stability of oyster -reef communities underpinned by man-made substrates
on site, and the absence of material moving beyond proposed site boundaries.
4) Enhanced local nekton abundances, with evidence of on -reef foraging.
5) The opportunity to conduct rigorous scientific assessments of how alternative substrates
support oyster -reef communities across an estuarine salinity gradient will inform future
restoration efforts in the NRE and beyond.
6) Further engagement with Coastal Conservation Association and Wildlife Habitat
Foundation.
Watershed (and Broader) Level Considerations of Extendine the New River Estuary Oyster
Highwa: The NRE, located within Onslow County, NC, covers an area of —90 km2 (see project
maps). The entire Estuary is classified as nutrient sensitive waters, and these nutrient inputs into
the NRE have caused algal blooms, high turbidity, and bottom -water hypoxia/anoxia — all of
which have exacerbated loss of oyster reef habitat (via intense sedimentation). Efforts by several
entities have and are taking place to improve water quality and fisheries production in the NRE
(e.g., land application of wastewater by the City of Jacksonville). As part of this long-term effort,
it is thought that conditions are now returning to a state conducive for oyster reef persistence
throughout much of the NRE. In this context, the NRE Oyster Highway project is leveraging an
integrated, landscape- and watershed -scale approach for holistic ecosystem and habitat -based
fishery conservation (see also: NCDENR 2007, NCDEQ 2016). In particular, the White Oak
River Basin Restoration Priorities Plan, published in 2010 and which includes the NRE,
highlights the value of oyster -reef restoration:
"High priority projects for this watershed include projects that improve or restore estuarine
habitats including SA and oyster beds."
The NRE Oyster Highway is also highlighted as a key component of a broader initiative to
conserve and restore oyster reef habitat in NC (NCCF State of the Oyster report 2021).
To restore oyster reefs in this system, the City of Jacksonville continues to implement various
efforts to improve water quality throughout the NRE, including creating reef foundations and
adding (transplanting) millions of oysters, mussels, and clams to Wilson Bay (upper NRE) over
the last 15 years. This is not the only effort to recover oyster populations in the upper NRE.
During 2011-2012, the NC Division of Marine Fisheries (DMF) built an artificial reef, AR-398,
in Farnell Bay utilizing recycled concrete from bridge demolition. Recruitment of oysters to the
Wilson Bay reef and AR-398 have been characterized as low, apparently due to a lack of oyster
larvae in the surrounding waters. Indeed, prior to 2019, the closest known natural oyster
populations to AR-398 were 6-km down Estuary (in Stones Bay). With net downstream flow
characterizing the NRE, it is likely that oyster larvae from the spawning of extant oyster
populations in the lower NRE infrequently reach AR-398 or Wilson Bay, and this limits
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Thus, the "Oyster Highway" concept was proposed to create stepping -stone oyster reef habitats
in the region between AR-398/Wilson Bay and Stones Bay - i.e., in Famell and Morgan Bays.
The overarching goal of this project is to create oyster- and fish -appropriate habitats with small
spatial gaps between them that inciease connectivity of oyster and nekton populations in the
lower NRE with those in the middle and upper NRE. Habitat restoration and augmentation have
become major tools in efforts to improve water quality, as we all as to conserve coastal fishery
resources. This work aligns with the missions of the City of Jacksonville and financial/hands-in-
the-water partners such as the Coastal Conservation Association of North Carolina and North
Carolina Wildlife Habitat Foundation: to promote sound management (including acquisition and
protection where/as appropriate) of public trust marine and estuarine resources for the use and
enjoyment of current and future generations.
Notably, 2019-2020 monitoring of six Phase I
Oyster Highway reefs sites across Farrell Bay
has demonstrated that oyster spat (i.e., larvae
that have recently settled out of the water
column and begun to grow towards adults)
will indeed recruit to the hard substrate
subsidies we provided in the middle NRE
(Fig. 1). Additionally, we also have empirical
evidence that these oyster reef complexes will
clearly enhance habitat availability for key
fishes and crustaceans, beyond the addition of
oyster biomass in the central and upper NRE
(Mulvey-McFerron 2020).
The New River watershed/estuary is an
Sao
m 450
n 400
y 350
G 300
O E
m Z50
2 e' zm
w
= iso
«� 300
so
Reef 3 Red 3 Red 3 Reef 4 Reef 5 Reef 5
Figure 1. Settlement of oyster spat at Phase I
NRE Oyster Highway sites in fall 2019.
Spatfall at all sites was sufficient to exceed
thresholds necessaryfor achieving oyster
exceptionally well studied systems, and one restoration success based on the threshold
which fortunately has a history and trajectory of defined in Powers et al. (2009) as 10 oysters
increasing water quality due in large part to long- "_
running efforts of the City of Jacksonville and
Marine Corp Base Camp Lejeune, which occupy the vast majority of the land surrounding the
upper, mid, and lower portions of the NRE. As responsible and engaged stewards of the estuary,
these two entities have collaborated for nearly 3 decades to control both point and non -point
sources of nutrients and other contaminants pollutants. The Department of Defense substantially
raised the bar for better understanding and managing the watershed by funding a 12-year,
comprehensive study of the watershed by a broad coalition of academic, local, state, federal
entities (https://www.serdp-estcp.org/Featured-Initiatives/Conservation/Defense-Coastal-
Estuarine-Research-Program). This New River program generated an extensive integration of
"big -data collections" and conceptual and mechanistic ecological modeling across topics,
including, for example, land management, nutrient cycling/inputs, nuisance algal blooms, carbon
cycling, and climate change/sea-level rise. The NRE Oyster Highway represents a valuable
avenue for integrating higher trophic levels (i.e. filter feeding bivalves, secondary and tertiary
consumers) into this ecosystem -level work.
Relative to a central driving force behind the NRE Oyster Highway project, namely
improvements in estuarine water quality through reductions in nuisance levels of DIN and
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provide water quality benchmarks and substantial level of mechanistic understanding of NRE-
specific watershed and estuarine processes against which to measure NRE Oyster Highway
impacts on NRE water quality and how they were,achieved. The NRE Oyster Highway project is
already collaborating with and funding two groups to monitor and model nutrient reductions in
the NRE associated with the NRE Oyster Highway restoration work. Dr. Michael Piehler,
Direction of the UNC Institute for the Environment and UNC-IMS faculty member was a
DCERP researcher through the entirety of the program and is now tracking nitrogenous nutrients
and oyster -associated denitrification on the NREOH reef and control sites. Piehler's group has
been a leader in documenting denitrification associated with oyster reefs, and the broader suite of
ecosystem services in general provided by oysters. Further, Dr. Mark Brush is using nutrient and
measured oyster density data in models that predict nutrient levels and chemical species changes
associated with oyster filtering and process of organic matter. Thus, the NRE Oyster Highway
offers outstanding opportunities to rigorously track, model, and monetize at large scale the
benefits of oyster habitat restoration/creation. These results will be of great interest to estuarine
resource managers and restoration practitioners to further illustrate the substantial benefits of
restoration and thereby solidly justify the funding of restoration projects targeting biogenic
foundation species.
Innovation in Oyster Habitat Restoration: The eastern oyster, Crassostrea virginica, is a
protandrous, sequential hermaphrodite, initially spawning as males and transitioning to
functional females with increasing age and size. From this perspective, the NRE Oyster
Highway project is a "beacon" project illuminating a new oyster -habitat restoration strategy for
changing coastal waters often characterized by increasing salinity levels as sea levels rise,
thereby shifting zones of environmental parameters favoring oyster habitat viability and
persistence farther up the estuaries. One consequence of the up -estuary migration of oyster
growth zones may be limitations on larval transport to these areas such that simply the planting
of reef foundation material will not overcome this population bottleneck (e.g. AR-398 in mid-
section of the NRE). To overcome potential larval limitation, it will be necessary to increase
larval abundance in mid and upper regions of estuaries through transplanting large numbers of
harvest -protected oysters that grow to become brood stock.
Brood stock creation via traditional spat -on -shell methods for oyster population creation has
several drawbacks. To reach brood stock status, a single cohort of spat would require very large
numbers of spat to overcome high early juvenile mortality, as well as that over the typically
years -long growth period before substantial numbers of male oysters transitioned to female. The
NRE Oyster Highway strategy of large-scale transplanting of reef foundation materials "seeded"
with late -stage juvenile oysters (thumb sized) minimizes mortality and more quickly yields an
effective brood stock population. As the NRE Oyster Highway brood stock reefs mature,
retention of a substantial portion of their larval output in the mid and upper portions of the
estuary should settle back onto the reefs (which our monitoring plan, detailed below, could
record), as well as other created hard structure habitat (e.g. AR-398, rock revetments and cement
bridge pilings, seawalls), thereby achieving self-sustainability. Juvenile and adult -sized oyster
are occasionally seen on created hard structure habitats in the mid/upper hard structure habitats,
including NRE Oyster Highway Oyster Castles® and Oyster Catchers deployed in 2019 and
2020 as part of Phase I and Phase II work, respectively.
At the national scale, outreach for the NRE Oyster Highway and networking within the CCA and
other conservation -oriented entities (government, non-profit, and academic) have generated
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interest in the use of Sandbar Oyster Company's (hereafter, SANDBAR) biodegradable
hardscapes in oyster -habitat creation projects. For example, F. Gidus, Director of Habitat and
Environmental Restoration for CCA-Florida (FL) in collaboration with Dr. I. Zink (UM) and a
host of Fort Lauderdale coastal homeowners are working with SANDBAR to examine under -
dock seeding of Oyster Catchefrm hardscapes for use in multiple oyster habitat creation projects
in FL's southeast coastal estuaries that once hosted expansive oyster populations. Other
examples of SANDBAR's expanding work with diverse groups planning oyster habitat
restoration/creation efforts include Apalachicola Bay, FL (Dr. S. Brooke, FSU-CML; Dr. K.
Konchar, FL Fish and Wildlife Conservation Commission; R. Harter, Ecology and Environment,
Inc.); Mosquito and Indian River Lagoons, FL (Dr. L. Walters, UCF); the Eastern Shore of
Virginia (B. Lusk, TNC Virginia Coast Reserve); and the Rachel Carson National Estuarine
Research Reserve in NC (Dr. R. Gittman, ECU and Dr. B. Puckett, RCNERR).
An emerging strategy for oyster habitat creation exemplified by the NRE Oyster Highway
project, wherein large numbers of late -stage juvenile and adult oysters attached to reef
foundation materials are transplanted from lower estuaries seeding sites, is cast against complex
sets of statutes and rules, widely varying among states and mostly created to govern oyster
harvest/culture activities and products destine for human consumption. The line between
shellfish culturing for food vs. restoration is blurred and becoming even more so with oyster
aquaculture being viewed as contributing to the levels of ecosystem services provided by oysters
to coastal communities. In NC, there is a recently formalized plan involving the NC Division of
Marine Fisheries, Coastal Management, and Shellfish Sanitation Program to review and
administer (i.e., safeguard against unintended human consumption) culturing oysters for
restoration and modifying the rules to facilitate the growth of this nascent industry and its
environmental, economic and social benefits. Notably, our Phase I and Phase II restoration
efforts served as the "field test" for these permitting frameworks. The set of statutes and rules
emerging from NC's efforts could provide a model for other states effectively balancing
concerns for human health with the benefits of expanded options for effective oyster habitat
restoration.
Project Technical Description:
Site Selection: All 12 stepping -stone reef complex sites in the NRE Oyster Highway (Phases I
and II) restoration are in the mesohaline-to-polyhaline (5-30 ppt) waters of Farnell Bay and
Morgan Bay within the NRE, and are suitable for the settlement and growth of oysters (see
project maps). Each of our sites are located along the shallow margins of Farnell Bay and
Morgan Bay (1.25-1.5 in depth at mean low water [MLW]). Phase I and II construction did not
target the deeper portions of Farnell Bay and Morgan Bay, thus avoiding: (1) marked boating
channels; and (2) areas prone to extended periods of bottom -water hypoxia/anoxia that can kill
oysters. Furthermore, these sites are located over un-vegetated, unstructured mud/sand bottom
(confirmed by NCDMF bottom mapping survey data and our repeated site visits) that is
sufficiently firm to limit the sinking of reef structures in the sites' sediments - with nominal reef
underlayment support where needed to ensure minimal reef subsidence.
Site Description: Each of the 12 Oyster Highway sites are defined by a footprint of 70 m * 30 in
(230 ft. * 98 ft.). All 12 sites are characterized by the same present arrangement of oyster
substrates, comprising a total of 180 patch reefs at each site (see project photos). On'/2 of each
site, we have deployed 90 Oyster Castle® reefs. Each Oyster Castle® reef is comprised by 8
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manufactured concrete blocks (Fig. 6; 12" * 12" * 8" [L * W * H]) produced by Allied Concrete
in Charlottesville, VA (http://www.alliedconcrete.com/materials/oyster-castles/). Each of these
blocks are stackable and interlocking, and are designed to create complex, stable habitat that is
suitable for oyster settlement, growth, and survival. To date, Oyster Castles® have been
successfully used in estuarine habitat restoration (including living shoreline applications) in
Alabama, Delaware, New Jersey, New York, South Carolina, and Virginia. Each Oyster Castles
reef includes a base layer of six blocks in a 3 *2 design, capped by a second layer of two more
blocks centered over the base layer. Each patch reef has overall dimensions of 36" * 24" * 16".
On the other half of each site, we deployed 90 Oyster CatcherTM reefs. Each Oyster CatcherTM
reef is comprised by 10 manufactured patties - jute plant fiber infused with cement (Fig. 6; 12"
4" [D * H] disks). These patties are produced by SANDBAR in Morehead City, NC
(http://www.sandbaroystercompany.com). As with Oyster Castle® blocks, the patties are
stackable and interlocking, and are designed to create complex, stable habitat that is suitable for
oyster settlement, growth, and survival. To date, Oyster CatcherTM-based materials have been
successfully used in research -scale estuarine habitat restoration (including living shoreline
applications) at the UNC Institute of Marine Sciences (Bogue Sound, Carteret County), at mid -
and upper -estuary sites in the Newport River (Carteret County) and at a mid -estuary site in the
North River (Carteret County) [see above for additional works outside of NC]. Further, since
2015, Sandbar Oyster Company has used multiple different forms of Oyster CatcherTM (e.g.,
patties, linear rods, panels, small tuffs) to created robust oyster reefs on the company's shellfish
lease in the Newport River (34' 44.557N; 76' 40.314W). This lease is on an exposed sandbar
often buffeted by large wind waves and strong currents. No Oyster CatcherTM materials have
washed beyond the boundaries of this lease, even after direct strikes by 4 hurricanes since 2016.
Each Oyster CatcherTM reef included a base layer of four patties in a 2*2 design, capped by a
second layer of four more patties also in a 2*2 design directly on top of the base layer. These
eight patties were capped by two more patties (third and fourth layer) centered over the bottom
two layers. Five vertical jute/cement poles, per reef, were driven through the center of the "donut
holes" of the patties to ensure the stability of reefs on site. Each patch reef has overall
dimensions of 24" * 24" * 16".
The vertical relief of the Oyster Castles (16") and Oyster CatcherTM (16") reefs has been kept
low since bottom water hypoxia/anoxia on the proposed sites is not anticipated to be a problem,
and this will accommodate boats that may wish to access the sites for fishing opportunities. At
MLW, the tops of Oyster Castle® and Oyster CatcherTM reefs are 23-43 inches below the water
surface (site dependent). Each Castles patch reef rests on top of a cement -infused jute mat, to
limit issues related to reef subsidence/sinking. Notably, the dual use of Castles and Oyster
CatcherTM material is designed to diversity reef substrates and morphologies to ensure a broad
suite of nekton find suitable habitat. This design also represents a gray -green hybrid approach
with one hardscape substrate and one biodegradable substrate that may provide multiple
beneficial settlement cues for oyster larvae in the NRE.
Using EEG support, we propose to extend and expand the scope of each NRE Oyster Highway
site. In 2022, at each site we propose to: (1) construct 7 additional Oyster Castle patch reefs,
using the same design as we have previously adopted (additionally, each patch reef will be
underlaid by an Oyster Catcher mat to reduce reef subsidence into surrounding sediments); Also,
(2) we will construct an additional 69 Oyster Catcher patch reefs using a slightly modified
design. This design will include 5 patty structures — one basal 24" D disk, with three 12" D disks
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stacked on top, as well as a "rod" patty running through the center of those four disks. We have
adapted the configuration of Oyster Catcher patch reefs based on lessons learned in initial Phase
I and II construction (i.e., maximizing open surface area for oyster attachment and minimizing
patch reef subsidence into sur ouriding sediments). Finally, (3) at the eight most -down -estuary
sites, we will add 16 "seeded" Oyster Catcher tuffs as a top dressing to all 97 Oyster Castle patch
reefs at each site (i.e., the existing 90 Oyster Catcher reefs plus the 7 newly constructed Oyster
Castle reefs). Notably, "seeding" involves first placing substrates in areas of high natural oyster
settlement (e.g., the lower NRE during spring), and then transplanting those seeded materials
(tuffs in this case, transplanted to NREOH sites in fall, after larval settlement pulses) to areas in
need of stocking to enhance local spawning biomass. Based on previous work, we anticipate that
each tuff will be covered with > 100 juvenile (thumb -sized) oysters after "seeding" and when
moved to Oyster Highways sites. We are targeting the eight most -down -estuary sites for
"seeded" tuff additions as previous Phase I and II work (and associated monitoring) has indicated
that survival of transplanted, seeded oysters is particularly high and cost-effective at those sites.
In 2023, we will further extend each NRE Oyster Highway site with: (1) 7 additional Oyster
Castle patch reefs; (2) 69 additional Oyster Catcher patch reefs; and (3) 16 additional "seeded"
tuffs top -dressed on 97 Oyster Castle patch reefs.
At the completion of this work, we will have expanded the NRE Oyster Highway sites via the
addition of —1850 patch reefs (across 12 sites) and >248,000 "seeded tuffs (>2,480,000 juvenile
oysters, focused on the eight -most down -estuary sites). This represents nearly a doubling of
oyster reef material across the NRE Oyster Highway.
The substrates we are using do not entrap protected species as no large (> 2 in) gaps exist in
these substrates. Furthermore, these substrates are not comprised of petroleum products (e.g.,
creosote or asphalt materials).
Ties to Matchin Fe unds: During 2022-2023, we will use an additional $100,000 currently in
hand to purchase "seeded" tuffs for deployment at NREOH sites in a `scattered on bottom' array,
as well as deployments at AR-398 and in Wilson Bay (see project maps). During 2022, we will
also use $25,000 for monitoring of patch reefs constructed during Phase I and Phase II work.
Lessons learned from these monitoring efforts could be used to amend construction approaches
utilized to deploy/construct EEG -funded materials.
Construction: Oyster Castle and Oyster Catcher reefs will be deployed using a combination of
small skiffs and barges, with Oyster Castles blocks and Oyster Catcher patties loaded at Sturgeon
City, Jacksonville, NC, and Oyster Catcher tuffs collected from lower estuary leases where
SANDBAR seeds patties (initially deployed in the lower estuary during spring, before final
moves to restoration sites in the fall, following summer pulses in oyster larval settlement).
Placing the materials on site by hand will ensure that no fishes, reptiles, or mammals are trapped
underneath the deployed substrates. In addition to staff from the City of Jacksonville and
SANDBAR, we will contract with an experienced marine construction specialist to lead material
deployments on NRE Oyster Highway sites (see budget explanation). Furthermore, we will
assign 1 person to serve as lookout during construction to alert project members if a turtle or
manatee is observed in the vicinity, at which point deployment of substrate materials would be
suspended until at least 30 minutes after the last sighting of the turtle or manatee. However,
sighting of either manatees or turtles are exceedingly rare (i.e., essentially non-existent) in this
section of the NRE. For instance, Cummings et al. (2014) reported no sightings or strandings of
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manatees in -or -upstream of Stones Bay during a period of 1991-2012 (and only 3 total sightings
throughout the NRE — all in the lower section). Similarly, Sheryan et al. (1995) reported an
average of only 1 public reporting/sighting of sea Turtles per year in the NRE. During 2019-2020
construction of Phase I and II NRE Oyster -Highway reefs, no protected species were observed in
the vicinity of underway operations.
Site Demarcation: Each NRE Oyster Highway site is currently marked by 4" posts that delineate
corner boundaries (4 posts per site). Each post extends 4' above MLW and includes reflective
bands that can be seen 360' around. By 2024, we anticipate that these signs will need to be
replaced because of: (a) attrition, and (b) the expansion of each NRE Oyster Highway site. In
remarking/reposting sites, each post will also include signage indicating: (1) project name; (2)
funding sources, including EEG; (3) prohibition of oyster (shellfish) harvest [sites will be
designated as shellfish research reserves via coordination with NCDMF]; (4) project team
contact information. Additionally, each sign will have a QR code that would allow recreational
fishermen to report catches at NRE Oyster Highway sites.
Monitorin¢: In the two years post -expansion of each NRE Oyster Highway site (and potentially
longer pending funding), we will contract with a marine scientist to make quarterly (see timeline)
visits to all sites to: (1) evaluate oyster density, growth, and survivorship; (2) inspect sites for
marine debris; and (3) inspect sites and surrounding bottom for displaced substrates. Oyster
sampling will follow an established quadrat -based approach for replicate measures of oyster
populations in accordance with the Oyster Habitat Restoration Monitoring and Assessment
Handbook (via Tier 1 guidelines from the NOAA Restoration Center, Baggett et al. 2014). In
accordance with the Monitoring and Assessment Handbook, the scientist will measure four
universal metrics: reef areal dimensions, reef height, oyster density, and oyster size -frequency
distribution. This scientist will also pay particular attention to counting oyster spat (< 1-cm shell
length) to evaluate recruitment across Oyster Highway sites. She/he will also examine substrates
for evidence of scraping/grazing by reef -associated fishes such as sheepshead (Archosargus
probatocephalus). As the NRE Oyster Highway reef complexes are subtidal, this scientist will
also measure/record, as point measures during each visit to each site, three universal
environmental variables outlined in the Handbook: temperature, salinity, and dissolved oxygen.
Project Members: Our team, led by P. Donovan -Brandenburg (City of Jacksonville), has
significant experience managing, designing, and implementing large-scale oyster -reef
construction (refer to CV for more detail). P. Donovan -Brandenburg has served as the center -of -
gravity for Phase I and 11 NRE Oyster Highway restoration, with assistance from J. Fodrie
(consulting scientist, based at UNC-CH), N. Lindquist (SANDBAR, UNC-CH), and many other
partners. J. Fodrie and N. Lindquist each have been involved in multiple state- and federally
funded oyster -reef restoration projects, having overseen the construction of> 120 reefs (15-80
in in size) in Back Sound and North River, NC. Additionally, they have both published > 10
peer -reviewed research articles based on these restoration projects (e.g., Ziegler et al. 2017). N.
Lindquist, along with a commercial fishermen (David Cessna), are the creators and managers of
SANDBAR — an environmental engineering and restoration company that developed the novel
Oyster Catcher"' substrate.
Permits: The NRE Oyster Highway team already possess a Coastal Area Management Act Major
Development Permit (#67-18) for Phase I and 11 restoration activities (in consultation with
USACE, NOAA, NCDMF, etc.). With this practical experience, we will be primed to submit
RECEIVED
DEC 2 0 2021
DCM-MHD CITY
another permit application on day one of the NRE Oyster Highway project (i.e., October 1,
2020). Following previous permit submissions, this should be time to receive approval before the
construction of six Oyster Highway reef complex sites in 2020 (and will remain valid through
2021 construction). We also possdss the necessary Scientific/ Educational Collection Permit for
monitoring (4706481).
Sustainability: In the two years following expansion of each NRE Oyster Highway site (and
potentially longer pending funding), we will make quarterly (spring, summer, and fall) visits to:
(1) evaluate oyster density, growth, and survivorship; (2) inspect sites for marine debris; and (3)
inspect sites and surrounding bottom for displaced substrates. Budgeting provides for permanent
marking/signage at each reef complex site, detailing: (1) project name; (2) funding sources,
including EEG; (3) prohibition of oyster (shellfish) harvest; (4) project team contact information;
and (5) link for web -based reporting of reef -associated catches/effort by recreational fishers
(advertised among/by our CCA partners). Notably, our Oyster Highway design should build
system resilience via mid- and upper -estuary oyster larval production/retention and geospatial
buffering against anticipated environmental shifts that result from climate change (i.e., increased
saltwater intrusion via sea -level rise). In this regard, our project is deeply rooted in sustainability
vis-A-vis ecosystem response/change at the whole -system level over the foreseeable future.
We will also help ensure the project is successful and sustainable via broad inclusion of key
stakeholders that become invested in project success. For instance, K-12 outreach and education
for the NRE Oyster Highway project will be incorporated at Sturgeon City
(https://www.sturgeoncity.org/), where project lead P. Donovan -Brandenburg is based. Sturgeon
City's mission is expressly to "inspire youth leadership, civic involvement, habitat restoration,
environmental education and stewardship of the New River and coastal wetlands."
References:
Baggett, L, et al. 2014.Oyster habitat restoration monitoring and assessment handbook. Nature
Conservancy
Cummings, EW, et al. 2014. Spatial and temporal patterns of habitat use and mortality of the
Florida manatee (Trichechus manatus latirostris) in the Mid -Atlantic states of North Carolina
and Virginia from 1991 to 2012. Aquatic Mammals 40:126-138
Mulvey-McFerron, 0.2020. Effects of landscape -scale oyster -reef restoration on nekton
communities in a temperate estuary. Masters Thesis. UNC-CH.
NCCF. 2021. State of the oyster: progress report on the oyster restoration and protection plan for
North Carolina. NC Coastal Federation
NCDENR. 2007. White Oak River Basin -wide Water Quality Management Plan. NC Division of
Water Quality
NCDEQ. 2016. North Carolina Coastal Habitat Protection Plan. NC Division of Marine Fisheries
Powers, SP, et al. 2009. Success of constructed oyster reefs in no -harvest sanctuaries:
implications for restoration. MEPS 389:159-170
Sheryan, P, et al. 1995. Sea turtles in North Carolina waters. Conservation Biology 9:384-394
White Oak River Basin Restoration Priorities. 2010. NC Ecosystem Enhancement Program
Ziegler, SL, et al. 2017. Effects of landscape setting on oyster reef structure and function persist
more than a decade post restoration. Restoration Ecology 26:933-942
RECEIVED
10 DEC 2 0 2021
DCM-MHD CITY
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
April 11, 2022
City of Jacksonville
c/o Pat Donovan -Brandenburg
P.O. Box 128
Jacksonville, NC 28540
Dear Mrs. Donovan -Brandenburg:
NORTH CAROLINA
Environmental Quality
The NC Division of Coastal Management hereby acknowledges receipt of your application for a State
approval for development of New River Estuary Oyster Highway project Within the New River,
Onslow County. The application was received as complete on March 25, 2022 and appears to be
adequate for processing at this time. The projected deadline for making decision is June 8, 2022;
however, 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. An additional letter will be provided if necessary.
If this agency does not render a permit decision within 75 days from the date the application was
received as complete, you may request a meeting with the Director of the Division of Coastal
Management and permit staff to discuss the status of the application. Such a meeting will be held
within five working days from the receipt of your written request and shall include the property
owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted on
the property of the proposed development. This notice should be posted at a conspicuous location
on the property where it can be observed from a public road. Failure to post this notice could result
in an incomplete application.
Onsite inspections will be made, and if additional information is required, you may be contacted by
the appropriate State or Federal agency. A written request is required if you wish to receive a copy
of the field report and/or comments from reviewing agencies. Please contact me or Gregg Bodnar,
Asst. Major Permits Coordinator, if you have any questions.
Sincerely,
6U4
Curt Weychert
Field Representative
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808
NOTI(01117i
LAMA PERMIT
APPLIED FOR
PROJECT: Expansion of 9 of 12 existing Oyster
Reefs and material addition to 12 existing Oyster
Reefs adjacent to Camp Lejeune within the New
River Estuary.
COMMENTS ACCEPTED THROUGH . May ".2021
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
City of Jacksonville Curt Weychert - DCM
815 New Bridge Street 400 Commerce Avenue
Jacksonville, NC 28540 Morehead City, NC 28557
(252)808-2808 ext. 211