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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 NREOH Phase I CAMA Permit n t n m n _ n N o N N Cm m v_ Puma CbM yaw ♦i A n (1P AOIUN ('4R0L1%A Ltzvsnnrl vl ❑a• ruruuttal Quatll) ud C'evrml Rrsv,a f nnrrAmwtn vemit fbr Mmkw—N cl I mANG Asem ofrmi:r,m i C-onorrr Prua�J w NCUP 113A-110 X Eicive•ma!d.+tlUrc.rvanrluWlY'r,411t?Z4 r kind r C7t etJiwwPJr PO PJn 111L Jad m At, M WIN nrmIt vwrokT ' Amv roing dlptNiN to OUkra Cmvt, al Lilia Iumtl bjy J< hx Nr, RhqLtqom lopm tYtimiJmimwL .wrewwr i inthe;.srnimee r application drmd 661tl�t�ras.,e lard 'taaw,ad DCUlMGq YMILaad. ¢ r; a ka.,r. 1-111. & JwzJ i.,,;,l llt:M MIIU i n'. N'I' i sls!-isi� Jre17. 7tl1{ is tuhw- rn cnrarlia r with The art6cmenn (Wbw .� —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 000000000000000 000000000000000 000000000000000 000000000000000 000000000000000 • 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 000000000000000 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 000000000000000 • • • • • • • • • • • • • • 0000000 000000*00000000 000000000000000 8m 000000000000000 000000000000000 0000000000000 000000000000000 000000000000000 • • • ••• • • •• • • • • 000000000000000 000000000000000 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 4�I�rll��R .fJ yr. Y.'F I !' SPTsIi� H��k�ii' E `^t i3'y. �i✓ .J )'aTj� _e. (�� fJlit,• 'F��ii'l+ii��f��P �'p �.f It�°! ' � ! fi• �, `'a • ��' li4f�i1�t`�ka� � 1 iYY 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 '°'"'M05 ibwn.wn m r..e�.®evi m vn� 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 q�p� C� 7d'" ��t1e �l 4�1'U 4V: S® 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 � 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 RECEIVED JUN 0 2 2022 DCM-MHD CITY 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 likely that oyster larvae from the spawning of extant oyster RECEIVED JUN 0 2 2022 DCM-MHD CITY 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 consumers) into this ecosystem -level work. RECEIVED JUN 0 2 2022 DCM-MHD CITY 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, RECEIVED JUN 0 2 2022 DCM-MHD CITY 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. RECEIVED JUN 0 2 2022 DCM-MHD CITY 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 JUN 0 2 2022 DCM-MHD CITY 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 Q RECEIVED JUN 0 2 2022 DCM-MHD CITY 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 Oyster CatcherTM substrate. RECEIVED JUN 0 2 2022 DCM-MHD CITY ;�IVCV 0 2 2021 DGivf MHD 01TV 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 RECEIVED JUN 0 2 Z022 DCM-MHD CITY ' \ Y� � \ _1 _ �- �, \ c ry , j � 1 i.>~ � �� . t -��� '�� . � = `�� �� i � I S v -. � � .. - F �_ � • r � .1 _ ___ � - � � ~ i. i i i /. 's �, I i � 1 y 1 �, .,. ♦ 3 ♦ r ° I' � ' a v� t+�^ (� 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 RECEIVED DEC 2 0 2021 DCM-MHD CITY 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 RECEIVED DEC 2 0 2021 DCM-MHD CITY 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 sustainability of oyster habitat supporting nekton at estuarine -wide scales. RECEIVED DEC 2 0 2021 DCM-MHD CITY 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 turbidity, the NRE DCERP and long -running sampling programs by the City of Jacksonville RECEIVED 4 DEC 2 0 2021 DCM-MHD CITY 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 RECEIVED DEC 2 0 2021 DCM-MHD CITY 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 RECEIVED DEC 2 0 Z021 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 RECEIVED DEC 2 0 2021 DCM-MHD CITY 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 RECEIVED DEC 2 0 2021 DCM-MHD CITY 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