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94-14 NC DMF AR 298
Permit Class NEW Permit Number 94-14 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission V ermi t for DCM OCT 31 2014 WARO X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to NC Division of Marine Fisheries, PO Boa 769, Morehead City, NC 28557 Authorizing development in Hyde County Pamlico Sound, 3.5 miles north of Silver Lake, near the Village of Ocracoke, as requested in the permittee's application dated 09/19/14, including the attached work plan drawings (10 total) figures 1,4 dated 8/12/14 figures 2.3 dated 09/10/14 and figures 5 6 7 8 9 10 dated 09/16/14 This permit, issued on October 27, 2014, is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Authorized Development 1) Unless specifically altered herein, this permit authorizes the expansion of the boundaries of artificial reef AR-298, located in the Pamlico Sound, 3.5 miles north of Silver Lake, near the Village of Ocracoke, to encompass ±76.36 acres of which f2.624 acres will be filled with new structure as depicted in the attached permit application and workplan drawings. RECENE6 Noy 04 201t (See Attached Sheets for Additional Conditions) tv+n Ginr This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2017 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Ehxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signaturelof Permittee NC Division of Marine Fisheries ADDITIONAL CONDITIONS Reef Structure Permit # 94-14 Page 2 of 3 2) In accordance with commitments made by the permittee, reef construction within the site shall be accomplished using reef balls, concrete box structures, concrete pipe material, and crushed concrete (4" - 6"). All material shall be free from loose dirt or any pollutant. 3) In accordance with commitments made by the permittee, a minimum navigation clearance of 7 feet, as measured from the top of the reef structure to the normal water level (NWL), shall be maintained for all new construction. 4) No fill material shall be placed at anytime in any waters outside of the alignment of the fill areas indicated on the attached workplan drawing(s). 5) This permit does not authorize the excavation or filling of any vegetated wetlands, even temporarily. U.S. Army Corps of Engineers Requirements NOTE: The U.S. Army Corps of Engineers (USACE) has assigned the proposed project ORM ID No. SAW-2014-01829 and authorized the project via Programmatic General Permit 198000291 Tier IL 6) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 7) Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill_ or mechanized land -clearing activities shall take place, at_any,time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 8) The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2200. 9) The permittee shall advise the USACE in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 10) The permttee shall require its contractors and/or agents to comply with the terms and conditions of this permit. in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. NC Division of Marine Fisheries ADDITIONAL CONDITIONS Permit # 94-14 Page 3 of 3 11) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 12) Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wihnington District USACE within 24 hours of the permittee's discovery of the violation. 13) Within 30 days of completion of construction activities, the permittee shall provide the USACE with a bathymetric survey conducted under normal water conditions documenting the as -built contours and depths of the construction area. 14) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structures or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structures or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the USACE, to remove relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the State of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Springs, MD 20910-3282 at least two weeks prior to beginning work and upon completion of work. RECEIVED Nnv 0 4 1014 General DCM-MHD CnY 15) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division of Coastal Management at (252) 946-6481 prior to the commencement of any such activity for this determination. NOTE: The N.C. Division of Water Resources has determined the project is in compliance with North Carolina's Water Quality Certification Program and has issued General 401 WQ Certification #3900 on 10/17/2014 and it was assigned project #09-0880 Ver. 3. Permit Class NEW Permit Number 94-14 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Verint"t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to NC Division of Marine Fisheries, PO Box 769, Morehead City, NC 28557 Authorizing development in Hyde County Pamlico Sound, 3.5 miles north of Silver Lake, near the Village of Ocracoke, as requested in the permittee's application dated 09/19/14, including the attached workplan drawings (10 total) figures 1.4 dated 8/12/14 figures 2,3 dated 09/10/14 and figures 5 6 7 8 9 10 dated 09/16/14 This permit, issued on October 27, 2014, is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Authorized Development 1) Unless specifically altered herein, this permit authorizes the expansion of the boundaries of artificial reef AR-298, located in the Pamlico Sound, 3.5 miles north of Silver Lake, near the Village of Ocracoke, to encompass ±76.36 acres of which f2.624 acres will be filled with new structure as depicted in the attached permit application and workplan drawings. AUI3 4Hw-yy0d hoz 6 Z 130 (See Attached Sheets for Additional Conditions) 434303i1 This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2017 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Fgaxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NC Division of Marine Fisheries ADDITIONAL CONDITIONS Reef Structure Permit # 94-14 Page 2 of 3 2) In accordance with commitments made by the permittee, reef construction within the site shall be accomplished using reef balls, concrete box structures, concrete pipe material, and crushed concrete (4" - 6"). All material shall be free from loose dirt or any pollutant. 3) In accordance with commitments made by the permittee, a minimum navigation clearance of 7 feet, as measured from the top of the reef structure to the normal water level (NWL), shall be maintained for all new construction. 4) No fill material shall be placed at anytime in any waters outside of the alignment of the fill areas indicated on the attached workplan drawing(s). 5) This permit does not authorize the excavation or filling of any vegetated wetlands, even temporarily. U.S. Army Corps of Engineers Requirements NOTE: The U.S. Army Corps of Engineers (USACE) has assigned the proposed project ORM ID No. SAW-2014-01829 and authorized the project via Programmatic General Permit 198000291 Tier II. 6) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 7) Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 8) The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2200. 9) The permittee shall advise the USACE in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 10) The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit. in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. NC Division of Marine Fisheries ADDITIONAL CONDITIONS Permit # 94-14 Page 3 of 3 11) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 12) Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District USACE within 24 hours of the permittee's discovery of the violation. 13) Within 30 days of completion of construction activities, the permittee shall provide the USACE with a bathymetric survey conducted under normal water conditions documenting the as -built contours and depths of the construction area. 14) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structures or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structures or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the USACE, to remove relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the State of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Springs, MD 20910-3282 at least two weeks prior to beginning work and upon completion of work. RECENED 07 2 9 2014 General DCM-MHD CITY 15) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division of Coastal Management at (252) 946-6481 prior to the commencement of any such activity for this determination. NOTE: The N.C. Division of Water Resources has determined the project is in compliance with North Carolina's Water Quality Certification Program and has issued General 401 WQ Certification #3900 on 10/17/2014 and it was assigned project #09-0880 Ver. 3. A�� r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor 27 October 2014 CERTIFIED MAIL 7010 0290 0001 5628 7628 RETURN RECEIPT REQUESTED Mr. Craig Hardy NC Division of Marine Fisheries P. O. Box 769 Morehead City, North Carolina 28557 Dear Mr. Hardy: John E. Skvarla, III Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill taw, for you to proceed with your project proposal. The original (buff -colored) form is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit forth. Otherwise, all work must be carded out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, David W. Moye District Manager Washington Regional Office 252-948-3852 Enclosure RECEIVED OCT 2 9 2014 DCM-MHD CITY 943 Washington Square Mall, Washington, No 27889 Phone: 252-946-64811 FAX: 252-948-0478 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 AKrmalre Action Employw DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: NC Division of Marine Fisheries County: Hyde LOCATION OF PROJECT: Pamlico Sound, 3.5 miles north of Silver Lake in Ocracoke, in Hyde County DATE APPLICATION RECEIVED COMPLETE BY FIELD: 22 September 2014 FIELD RECOMMENDATION: Attached: N/A To Be Forwarded: N/A CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: N/A FIELD REPRESENTATIVE: David Moye DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW: David Moye B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 475 PUBLIC NOTICE RECD: 9/23/2014 ADJ. RIP. PROP NOTICES RECD: N/A APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: 12/6/2014 END OF NOTICE DATE: 10/13/2014 DEED REC'D: N/A MAIL OUT DATE: 9/22/2014 STATE DUE DATE: 10/13/2014 FEDERAL DUE DATE: 10/13/2014 FED COMMENTS RECD: 1 O I W t014 PERMIT FINAL ACTION: ISSUE IOIZ-1114 DENY DRAFT ON Io AGENCY LRETURN]ED OBJECTIONS YES NO NOTES Coastal Management — District Manager Z2Sc*m 1 Vic)Q)nVA'AVA Coastal Management - LUP Consistency to o CT 14 Lo ns iS Division of Community Assistance 1 OCT 14 1C t'�o u m Land Quality Section q ocT 14 Division of Water Quality 25 stmn 14 X Nu ` 4l' �vta 3 'ad Storm Water Management (DWQ) 1 o = 14 A No 061A% 54+11'ioCtl4 State Property Office 9 ocS 1 X i10 Division of Archives & History Cl 0 CZ I N k tJ u Division of Environmental Health Zb SWK 14 Division of Highways ( Oc� 0A l l Con RA� Wildlife Resources Commission 1 O CT 14 xVJ� Local Permit Office ZS St" %4 Division of Marine Fisheries 3 OCT 14 It >Vo Corps of Engineers 1 1 X P 6P 2q 1 sf w-tow -OISL4 �lectivtu OCT 8 9 2014 DCM-MHD CITY TRACKING FORM PROJECT NAME APPLICANT NAME PRE -APPLICATION MEETING ONSITE INVESTIGATION N I A ACCEPTED AS COMPLETE Zz 9t. zA14 PROJECTED PERMIT DATE !o bec 2 o N PUBLIC NOTICE TO PAPER 14 SL'@t zoN4 PAPER Coa%Vko� 4 --Ti t�u PUB. ON cQ711 14 20 DAYS UP ON PUBLIC NOTICE 13 CX1oba- 2r-k4 FIELD REPORT ZZ SCO-r 2o%4 BIO REPORT 2't Scv-C 20 t4 COMMENTS SENT U SXM zoN 21 DAYS UP 13 Oc-7 zo ly FEDERAL USACOE Xc.Q f i otT tat'# ?GPz51 r. u SA4-2o�4- O�ttZ4 USFW Ilit k DWR BUFFER 'LS 51-,jK zoo t k, GC. 3900 STORMWATER%j ,& to oct tlt i4not 3,1;,- axe! SW -1140914 RALEIGH SHELLFISH SANITATION Re, 0 31, wr m No C.nmmoX NCWRCUc9 i CCr 14 ti.� QjLmmQA DCM DOUG HUGGETT _ DISTRICT MANAGER FRANK JENNINGS N DAVID MOYE %a o-a s:x z t4 N.. IZ- tt . ROYBROWNLOW NA PLANNER CHARLAN OWENS Ni A MAUREENMEEHAN-WH.LWea to oa iti ccrosl*A RECEIVED OCT 2 9 1014 DCM-MHD CITY FISHERY RESOURCE SPECIALIST KEVIN HART Nl A JESSI O'NEAL RM.O cr—z �y N� ComM. arl LOCAL 40 PERMIT DRAFTED 1 OCTo %m Zu 1�j DRAFT TO MOREHEAD PERMIT ISSUED SIGNED COPY RECD Nc CA�'j" RECEIVED OCT S 9 2014 DCM-MHD CITY Moye, David D C I • I om: Bland, Raleigh W SAW<Raleigh.W.Bland @usace.army.mil> .,ant: Monday, October 27, 2014 8:34 AM To: Moye, David Subject: RE: DMF AR298 reef expansion permit draft (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE David, Was out on Friday and in field until late on Thursday after DENR Meetings. NCDM F-AR-298 SAW 201401829 Thanksl Tier II 198000291 Your Date -----Original Message ----- From: Moye, David [mailto:david.moye@ncdenr.govl Sent: Wednesday, October 15, 2014 9:05 AM To: Bland, Raleigh W SAW Subject: [EXTERNAL] RE: DMF AR298 reef expansion permit draft (UNCLASSIFIED) just noticed that you didn't include the SAW number? OCT 27 20% WARO David W. Moye (david.moye(@ncdenr.gov) District Manager and Express Permit Coordinator Division of Coastal Management - NCDENR direct line (252) 948-3852 office number (252) 946-6481 fax (252) 948-0478 Please visit www.nccoastalmanagement.net to subscribe to Coastal Management's quarterly newsletter, the CAMAgram. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Bland, Raleigh W SAWImaiIto: Raleigh.W.Bland@usace.army.mill Sent: Tuesday, October 14, 2014 10:40 AM RECEIVED To: Moye, David Subject: RE: DMF AR298 reef expansion permit draft (UNCLASSIFIED) OCT 2 9 2014 Classification: UNCLASSIFIED DCM-MHD CITY Caveats: NONE .00ks good. In this Draft, the Corps authorization is correctly stated as "Programmatic General Permit 198000291". In the Old House Channel Permit it was inadvertently left as a "Regional General Permit 198000291" which is not correct ;!'It;; en I I Alois an Ono or or) I;: jymb ho, I i Lot! gh;': r". nn, &W h9jrnw- WAI ak i PAO-? 1, 11 10 -NnA MMO? usmaq bin nomm 1 0 : , 0 vo :7 , '01 1 CA K : :! , y I, Moye, David From: Bland, Raleigh W SAW <Raleigh.W.Bland@usace.army.mil> Sent: Tuesday, October 14, 2014 10.40 AM To: Moye, David Subject: RE: DMF AR298 reef expansion permit draft (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Looks good. In this Draft, the Corps authorization is correctly stated as "Programmatic General Permit 198000291". In the Old House Channel Permit it was inadvertently left as a "Regional General Permit 198000291" which is not correct but I probably missed it in the original permit. No problem that needs to be fixed but we will make sure it is PGP for this one. Thanks How about them Pirates! A slow start but it's a Win! -----Original Message ---- From: Moye, David Imailto:david.move@ncdenr.govl Sent: Monday, October 06, 2014 9:18 AM To: Bland, Raleigh W SAW Subject: [EXTERNAL) DMF AR298 reef expansion permit draft Morning Raleigh, Attached is the draft permit for the reef expansion project by DMF at Ocracoke. Let me know if the COE conditions are the ones you want on this one. Thanks in advance for your review and comments. David David W. Moye (david.move@ncdenr.gov <mailto:david.moye@ncdenr.gov> ) District Manager and Express Permit Coordinator Division of Coastal Management - NCDENR direct line (252) 948-3852 office number (252) 946-6481 fax (252) 948-0478 RECEIVED OCT 2 9 2014 DCM-MHD CITY •ub ji mi-, rlo�� C, W 110) ho eI Isily f ROME nnnsq in, A)i. 5pronSN" I v PO4 Ykanwbow Aq hol OW mar, 1rrij i v I c Knommoo My '%ww luoy , , , ir,; , i ! j , 1 ci : ; . '! 1 r' :. - , , I ': . . ..'I . , - .. . , ; : f . p 1 't? - - �.-.. 1. , j I. :' , - ,.. - ':I , '' rt' n"3i: ;'! u ART% MUM North Carolina Department of Environment and Natural Division of Coastal Management 22 September 2014 E•MA - 0ID ly 5-16 I0 Al or Resources John E. Skvada, III RESPOND TO DAVID MOYE IN THE WASHINGTON REGIONAL OFFICE Secretary MEMORANDUM TO: Jessi Baker p C M Fisheries Resource Specialist Division of Coastal Management 0 C T 13 2014 FROM David W. Moye, District Manager, DCM 943 Washington Square Mail Washington, NC 27889 WAR SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Division of Marine Fisheries c/o Craig Hardy Project Location: In Pamlico Sound, 3.5 miles north of Silver Lake in Ocracoke, in Hyde County, North Carolina Proposed Project. The applicant proposes to expand the boundaries of the existing reef site (AR-298) and add additional material in the Pamlico Sound, off Ocracoke. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 13 October 2014. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE RECEIVED 943 Washington Square Mall, Washington, NC 27889 SEP 2 8 2014 Phase: 252-946-6481 A FAX: 252.948.6478 Internet www.nocoestaknanagement.net DCM-MHD CITY RECEIVED An Equal 0WorWn4XAlfirq@MAdiw Emplovw OCT 29 2014 DCM-MHD CM( ®CM =&.*.,A OCT 10 2014 NCs�v ENR W ARQJorth Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory 22 September 2014 John E. Skvarla, III Governor RESPOND TO DAVID MOYE IN THE WASHINGTON REGIONAL OFFICE Secretary MEMORANDUM TO: STORMWATER Samir Dumpor — Express Permits Coordinator DEMLR FROM: David W. Moye, District Manager, DCM 943 Washington Square Mall Washington, NC 27889 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Division of Marine Fisheries c/o Craig Hardy Project Location: In Pamlico Sound, 3.5 miles north of Silver Lake in Ocracoke, in Hyde County, North Carolina Proposed Project: The applicant proposes to expand the boundaries of the existing reef site (AR-298) and add additional material in the Pamlico Sound, off Ocracoke. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 13 October 2014. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is/requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. RECEIVED SIGNED ��i DATE IG-1G—�rf OCT 2 9 2014 STo2M^l_ F!!E=zVlP�xI�—VS =1AX- SW — kI_KJ9IL0 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 \ FAX: 252-948.0478 Internet www.nccoastalmanagement.net i� �/ D DCM-MHDCITV ., SEP 13 2014 u lANDQUAUTY SECTION WAS7itplUMN REGIONAL OFFICE An Equal Opportunity I Affirmefiw Action Employer ATjOZA NCDENR DCM OCT 10 2014 North Carolina Department of Environment and Natural ResourceWARO Pat McCrory Governor October 10, 2014 NC Division of Marine Fisheries Attn.: Mr. Harry Hardy PO Box 769 Morehead City, NC 28557-0769 Subject: EXEMPTION from Stormwater Management Permit Regulations CAMA Major- Dredge & Fill / Bulkhead / Pier AR-298 Ocracoke Reef expansion Stormwater Project No. SW7140914 Hyde County John E. Skvarla, III Secretary Dear Mr. Hardy: The Washington Regional Office received a copy of your CAMA Major application for the proposed Artificial Reef AR-298 expansion project located near Ocracoke, in the Pamlico Sound , in Hyde County, on September 23, 2014. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff since no new impervious area is proposed. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that your project will not require a State Stormwater management permit at this time. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. Please reference the Stormwater Project Number above on all correspondence. If you have any questions or need additional information concerning this matter, please contact me at (252) 946-6481. Sincerely, Samir Dumpor, PE Environmental Engineer PHM/ sd: G:\SD\ EXEMPTED\SW7140914 cc: ✓David Moye Washington Regional Office Division of Energy, Mineral, and Land Resources. Land Quality Section Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 • Phone: 252-946-64811 FAX: 252-975-3716 Internet: htto://Dortal,ncdenr.orgtweb/Ir/land-cuality An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper RECEIVED OCT 2 9 2014 DCM-MHO COY [ACM HT 10 2014 i�c p NCDENR W A arolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory John E. Skvarla, III Governor Secretary MEMORANDUM To: David Moye, District Manager From: Maureen Meehan, DCM Morehead City District Planner Date: October 9, 2014 Subject: Major Permit request by NC Division of Marine Fisheries, to expand an existing reef site and add additional material in Pamlico Sound, off Ocracoke, Hyde County, North Carolina LUP Consistency Determination: The proposal is Consistent With & not in Conflict with the Hyde County Land Use Plan Certified by the CRC on March 27, 2008. Overview: Areas of Environmental Concern (AEC) impacted by the proposal include Estuarine Water and Public Trust Area The waters at the project site are classified as SA-HQW and are open to the harvesting of shellfish. The area is not classified as a primary nursery area. Development within the designated AECs is limited by CAMA regulations and development guidelines. Applicable or related policy includes the following: "... development which meets 1 SA NCAC 7H use standards will be allowed estuarine shoreline, estuarine water, and public trust areas... " (Policy 30, pg. 192) 400 Commerce Ave., Morehead Cil , NC 28557-3421 Phone: 252-808-2808 % FAX 252-247-3330 Intemet www.nccoastalmanagement.net An Equal OppaWnity 1 Affiraunm Action Emploff RECEIVED OCT 2 9 7111e DCM-MHD CnV Nne orthCarolina Naturalk Una! sw P:Vs MV71 01 .� 0"A In, M: unuumsO Th Amp owurn'q'i ni bf; N)!, O�)iW lloadeso, A F gymolend T13 A 05YQ via dw W(w 102 wn !Qhndo in ON j Own wh V XK n 1: &1 coo "N SO!: wovv icy! Pik oymV Non AnOW". DCM $EP 2 5 ZOi4 O c r 0 9 2014 NCDENR t s ration N th Carolina Department of Environment and Natural ARU Division of Coastal Management 014 MO V V 22 September 2 John E. Skvaria, III RESPOND TO DAVID MOYE IN THE WASHINGTON REGIONAL OFFICE Secretary MEMORANDUM TO: FROM SUBJECT Applicant Project Location Proposed Project Renee Gledhill -Early Department of Cultural Resources David W. Moye, District Manager. D('b1 943 Washington Square Mall Washington, NC 27889 CAMA/DREDGE 8 FILL Permit Application Review lrr_Xe < y4 A / NC Division of Marine Fisheries c/o Craig Hardy 9-r6 - / �(, (.t—i- In Pamlico Sound, 3 5 miles north of Silver Lake in Ocracoke, in Hyde County, North Carolina The applicant proposes to expand the boundaries of the existing reef site (AR-298) and add additional material in the Pamlico Sound, off Ocracoke Please indicate below your agency's position or viewpoint on the proposed project and return this form by 13 October 2014 If you have any questions regarding the proposed project, please contact David W Moye at 252-948-3852 When appropriate, in-depth comments with supporting data is requested REPLY: This agency has no objection to the project as proposed This agency has no comment on the proposed project This agency approves of the project only If the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED V,f-AAA, F Z_1*4ATE t O -' 1 `i RECEIVED OCT 2 9 1t19 943 WOMOon 9grse Mr& Wral-pion. NC 27e66 DCM-Mi16D CR Phone 252-M"Oi t FAX 262846Mi! bdinrt. wm amonYfnwopt>em net M EWY �.'�(1I1LYY.hr �. Ae�lea616 �` :aptY/f SEP 2 6 2014 DCM ��A RECEIVED OCT 0 9 2014 NCDENR SEP 2 3 2014 WAfyectl�-Carolina Department of Environment and Natural Resources DOA I' Division of Coastal Management STATE PROPERTY OFFICE Pat McCrory John E. Skvarla, III Governor 22 September 2014 Secretary RESPOND TO DAVID MOYE IN THE WASHINGTON REGIONAL OFFICE MEMORANDUM TO: June W. Michaux, Director Department of Administration FROM: David W. Moye, District Manager, DCM 943 Washington Square Mall Washington, NC 27889 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Division of Marine Fisheries c/o Craig Hardy Project Location: In Pamlico Sound, 3.5 miles north of Silver Lake in Ocracoke, in Hyde County, North Carolina Proposed Project: The applicant proposes to expand the boundaries of the existing reef site (AR-298) and add additional material in the Pamlico Sound, off Ocracoke. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 13 October 2014. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. ✓This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE .� c) `I _I RECEIVED OCT 2 9 NN DCM,W14tS (!'V 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-64811 FAX: 252-948-0478 Internet. www.nccoastalmanagementnet An Equal OppxWrty 1 AfPom&m Action Empbyw IT POT: IQ! AINGY j6p spQ5 - - . -41" j !-,,* :"71 jr (:': ':'*-.r"': ^0 ;OK- a; or:AM nX no, ;NVqY; OJG Mr.awl Vow , it :L� jca I fpy" ;to qQil, c i 0:1 ny' 012 NUMMAN ;1105 W ;qQ Vow,: ��Nfml 1*1 1p� -i7 Pat McCrory Governor SIN DCM NCDENR OCT o s 2014 North Carolina Department of Environment and Natural ResourcVVARO Division of Coastal Management 22 September 2014 John E. Skvarla, III Secretary RESPOND TO DAVID MOYE IN THE WASHINGTON REGIONAL OFFICE MEMORANDUM TO: Pat McClain For: Tracy D. Davis, P.E., Director Division of Energy, Mineral, and Land Resources FROM: David W. Moye, District Manager, DCM 943 Washington Square Mall Washington, NC 27889 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Division of Marine Fisheries c/o Craig Hardy Project Location: In Pamlico Sound, 3.5 miles north of Silver Lake in Ocracoke, in Hyde County, North Carolina Proposed Project: The applicant proposes to expand the boundaries of the existing reef site (AR-298) and add additional material in the Pamlico Sound, off Ocracoke. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 13 October 2014. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY:This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. OCT 2 9 1014 SIGNED DATE �U �� DCM-MHDCrrY ECEoWE� SEP 2 320i4 943 Washington Square Mall, Washington, NC 27889 Phone:252-946-Wl8 FAX: 252-948-0478Internet :wwv.nccoastalmanagernent.net LAND QUALITY SECTION WASHINGTON REGIONAL OFFICE An Equal Opportunity \ Affirmative Action Employer TWA -I AOL Katy'M. a im :....-. .. :. ... ...... : t,, , W% v ,.. _ .. , ..: .... a _ray how Mo ®CM OCT 06 Z014 NCDENR North Carolina Department of Environment and Natural Resourc"ARO Division of Coastal Management Pat McCrory 22 September 2014 John E. Skvarla, III Governor RESPOND TO DAVID MOYE IN THE WASHINGTON REGIONAL OFFICE Secretary MEMORANDUM TO: Ken Pace Department of Transportation FROM: David W. Moye, District Manager, DCM 943 Washington Square Mall Washington, NIC 27889 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Division of Marine Fisheries c/o Craig Hardy Project Location: In Pamlico Sound, 3.5 miles north of Silver Lake in Ocracoke, in Hyde County, North Carolina Proposed Project: The applicant proposes to expand the boundaries of the existing reef site (AR-298) and add additional material in the Pamlico Sound, off Ocracoke. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 13 October 2014. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. Y This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED � / ✓L DATE RECEIVE[) OCT 29 M4 DCMA*fD Coy 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 Internet www.nocoastahanagement.net An Equal OpporWnity 1 Affrmalwe Actm Empioyw . � r 1','r ":.� �iii` Il _ .. '..k � j. �Ic.�lt':^ .�..• �,,.i ..,1 'v;7 t A ''3 DCM NCDENR OCT 01 2014 North Carolina Department of Environment and Natural Resources WARO Division of Coastal Management Pat McCrory 22 September 2014 John E. Skvarla, III Governor RESPOND TO DAVID MOPE IN THE WASHINGTON REGIONAL OFFICE Secretary MEMORANDUM TO: Lee Padrick, Director Division of Community Assistance FROM: David W. Moye, District Manager, DCM 943 Washington Square Mall Washington, NC 27889 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Division of Marine Fisheries c/o Craig Hardy Project Location: In Pamlico Sound, 3.5 miles north of Silver Lake in Ocracoke, in Hyde County, North Carolina Proposed Project: The applicant proposes to expand the boundaries of the existing reef site (AR-298) and add additional material in the Pamlico Sound, off Ocracoke. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 13 October 2014. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ,�_ ��L� DATE 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 Internet www.nocoastaimanagement.net - 3c RECEIVED OCT 2 9 109 DCMAiHD Cay An Equal Opportunity \ Affirmative Acton Employer _..._ �,1.�: ,�a `�,s DCM AA==4,A OCT 01 2014 NCDENR th Carolina Department of Environment and Natural Resources WAtFtVJ Division of Coastal Management Pat McCrory John E. Skvarla, III Governor C 14.0q •tq • 05 22 September 2014 Secretary RESPOND TO DAVID MOYE IN THE WASHINGTON REGIONAL OFFICE MEMORANDUM TO: Maria Dunn NC Wildlife Resources Commission FROM: David W. Moye, District Manager, DCM 943 Washington Square Mall Washington, NC 27889 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Division of Marine Fisheries Go Craig Hardy � 014 Project Location: In Pamlico Sound, 3.5 miles north of Silver Lake in Ocracoke, in Hyde County, North Carolina Proposed Project: The applicant proposes to expand the boundaries of the existing reef site (AR-298) and add additional material in the Pamlico Sound, off Ocracoke. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 13 October 2014. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED —I DATE i c�cic z� 4 RECEIVED OCT z 9 mu DCM-MMD Coy 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-64811 FAX: 252-948-0478 Intemet www.nocoastalmanagement.net An Equal Opportunity I Af nna w Act= Employer 5 . A�AA NCDENR North Carolina Department of Environment and Natural Division of Water Resources Pat McCrory Governor September 30, 2014 MEMORANDUM: To: David Moye District Manager, DCM 943 Washington Square Mall Washington, NC 27889 From: Dyk Luben, P.E., Regional Engineer, PWSS/WaRO Subject: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Division of Marine Fisheries c/o Craig Hardy DCM SEP302014 Resource WARO John E. Skvarla, III Secretary Project Location: In Pamlico Sound, 3.5 miles north of Silver Lake in Ocracoke, in Hyde County, NC Proposed Project: The applicant proposes to expand the boundaries of the existing reef site (AR- 298) and add additional material in the Pamlico Sound, off Ocracoke. REPLY: This office has no objection to the project as proposed. X This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED — (� Public Water Supply Section Washington Regional office 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-64811 FAK 252-948-00401 Internet: www.ncwatecorg/pws/ An Equal Opportunity 1 Alfirmadve Action Employer DATE 9/30 /2 0/y RECEIVED OCT 2 9 2014 DCM-MHO CITY DCM ATA W NR SEP 2 6 2014 North Carolina Department of Environment and Natural Resources WARO Division of Coastal Management Pat McCrory 22 September 2014 John E. Skvada, III Governor RESPOND TO DAVID MOPE IN THE WASHINGTON REGIONAL OFFICE Secretary MEMORANDUM _ TO: Patti Fowler, NCDENR LS*ifish Division of Environmental Health I Shellfish Sanitation Section 2 4 2% io6FROM: David W. Moye,District Manager, DCM l;. �� ; reationar 943 Washington Square Mall v on Washington, NC 27889 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Division of Marine Fisheries c/o Craig Handy Project Location: In Pamlico Sound, 3.5 miles north of Silver Lake in Ocracoke, in Hyde County, North Carolina Proposed Project: The applicant proposes to expand the boundaries of the existing reef site (AR-298) and add additional material in the Pamlico Sound, off Ocracoke. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 13 October 2014. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: SIGNED This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE 943 Washington Square Mall, Washington, NC 27889 Phone: 252-9456481 1 FAX: 252-948-0478 h ternet wrw.nccoestohmnagementnet M EquasOppartwiyXAfimaMAction EaQb�w RECEIVED OCT 2 9 209 DCMAHDM 0912412014 10:55 Hyde Co Administrative Offices (FAX)252 S26 3701 P.0011001 DCM Pat Mccrorq Governor MCDENR North Carolina Department of Environment and Division of Coastal Management 22 September 2014 SEP252014 Natural Resources W ARO John E. Skvarla, III RESPOND TO DAVID MOYE IN THE WASHINGTON REGIONAL OFFICE Secretary MEMORANDUM TO: Jerry Hardison Hyde County Building Inspections P.O. Box 188 Swan Quarter, NC 27885 FROM: David W. Moye, District Manager, DCM 943 Washington Square Mall Washington, NC 27889 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NO Division of Marine Fisheries c/o Craig Hardy Project Location: In Pamlico Sound, 3.5 miles north of Silver Lake In Ocracoke, In Hyde County, North Carolina Proposed Project: The applicant proposes to expand the boundaries of the existing reef site (AR-298) and add additional material in the Pamlico Sound, off Ocracoke. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 13 October 2014. If you have any questions regarding the proposed project, Please contact David W, Moye at 252-948-3852. When appropriate, In-depth comments with supporting data is requested. REPLY: V This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. RECEIVED 943 Washington Square Mall, Washington, NC 27889 OCT 2 9 2014 Phone: 252-946-6451 1 FAX' 252948-0478 Internet wvmnccuastalmanagement.net An Epud ODPodunIry 1 AlArmefia M,tan Eirqbyo pCM � E+ � P o r ?nIA S k� W ARC NCDEA rth Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory 22 September 2014 John E. Skvarla, III Governor RESPOND TO DAVID MOYE IN THE WASHINGTON REGIONAL OFFICE Secretary MEMORANDUM TO: 401/BUFFER Roberto Scheller— Express Permits Division of Water Resources FROM: David W. Moye, District Manager, DCM 943 Washington Square Mall Washington, NC 27889 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Division of Marine Fisheries c/o Craig Hardy RIECEWEHD II SEP 2 2 2014 Project Location: In Pamlico Sound, 3.5 miles north of Silver Lake in Ocracoke, in Hyde County, North Carolina Proposed Project: The applicant proposes to expand the boundaries of the existing reef site (AR-298) and add additional material in the Pamlico Sound, off Ocracoke. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 13 October 2014. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED VI :1�1/ "_DATE \ RECEIVED OCT 2 9 1014 DCM-MHD CITY 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 Internet www.nccoastalmanagement.net An Equal Opportunity 1 Af(xmalft Action Empbyw NCDENR North Carolina Department of Environment and Natural Resources Pat McCoroy Governor October 17, 2014 NC Division of Marine Fisheries Mr. Harry Hardy Post Office Box 769 Morehead City, NC 28557 John E. Skvarla, III DWQ Project # 09-0880 Ver.3 Hyde County Subject Property: AR-298, Ocracoke Reef Pamlico River and Pamlico Sound [TAR 07, 29-(40.5); SA, HOW] Approval of 401 Water Quality Certification (GC3900) with Additional Conditions Dear Mr. Hardy: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 2.624 acres of open waters for the purpose of expansion of oyster reef at (Artificial Reed) AR-298 Ocracoke Reef. The proposed project consist of deploying of pre -fabricated concrete structures within the subject reef area as described within your CAMA Major application dated September 22, 2014 and received by the N.C. Division of Water Resources (DWR) on September 22, 2014. The impacts described in your application are covered by General Water Quality Certification Number(s) 3900 (GC3900). This Certification(s) is issued in conjunction with the LAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the LAMA Major Permit when the Division of coastal Management issues It. Please note that this Certification (GC 3900) shall supersede any and all Certifications issued for the subject project in addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge regulations. Also, 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. This approval is for the purpose and design that you described in your application. Approved plans and specifications for this project are Incorporated by reference and are enforceable parts of the permit. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a'copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) Division of Water Rasances -Water Quality Regional Opertions Section - - Wasl ington Regional Office 943 Washington Square Mall, Wa"luan, NC 27M Phone: 252-946-6481 \ Pax: 252-975-3716\ Internal: x .nctlenr.gov An Equal OpporMllytAfinnadn Adlon Empbyer-50% RocyclW10% Post Consumer Paper RECEIVED OCT 2 9 2014 DCM-MHD CnY i r AR-298 Ocracoke Reef NC Division of Marine Fisheries Mr. Harry Hardy Page 2 of 3 exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 21-1.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including Incidental impacts: Amount Approved (Units) Plan Location or Reference Stream (feet) 404/CAMA Wetlands (acres) Waters 2.624 (acres) fill Application Reef Maps Buffers (square ft.) 2. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3900. 3. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Resources,1650 Mail Service Center, Raleigh, NC, 27699-1650, 4. All materials to be deployed as reef material shall be free of any petroleum contamination and shall not result in a surface sheen upon deployment. 5. Reef material shall be placed in such a manner to avoid any existing shellfish resources. It is also required that placement of reef material shall not impact Submerged Aquatic Vegetation (SAV) beds. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you RECEIVED OCT 2 9 2014 DCM-MHD CITY AR-298 Ocracoke Reef NC Division of Marine Fisheries Mr. Harry Hardy Page 3 of 3 receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act and the Tar -Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you have any questions, please telephone Roberto Scheller of the Washington Regional Office at 252- 948-2940. Sincerely, Robert Tankard Assistant Regional Supervisor Division of Water Resources Enclosures: Certificate of Completion GC 3900 cc: Raleigh Bland, Corps of Engineers, Washington Field Office DWQ Webscape Unit DCM, Doug Huggett, Morehead Office DCM, David Moye File copy RECEIVED OCT 2 9 1014 DCM-MHD CITY AF" NCDENR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Governor 22 September 2014 Natural Resources John E. Skvarla, III Secretary RESPOND TO DAVID MOYE IN THE WASHINGTON REGIONAL OFFICE MEMORANDUM TO: David Moye, District Manager Division of Coastal Management FROM: David W. Moye, District Manager, DCM 943 Washington Square Mall Washington, NC 27889 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Division of Marine Fisheries Go Craig Hardy Project Location: In Pamlico Sound, 3.5 miles north of Silver Lake in Ocracoke, in Hyde County, North Carolina Proposed Project: The applicant proposes to expand the boundaries of the existing reef site (AR-298) and add additional material in the Pamlico Sound, off Ocracoke. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 13 October 2014. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. `This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. T is agency objects to the project for reasons described in the attached nts. SIGNED �'� DATE � l RECEIVED OCT 2 9 2014 DCM-MHD CITY 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 Internet www.nccoastaimanagement.net An EqW Opponunity 1 Affinrftre Acton Empbyw Lao wk3wah 010c,: o OpS inamci on: Loownw,., 1 rsix q 1" lus Twwnq Imam' W91 110 �l: Vu upme rropq Own ;q-Ayvx" pA ja Qfnorn y:y n A w 91m $AN dneyn�,'-, som", OL usaban; cu :py MWOOq zkoes Is, 00,: t, Q :3010 1 ;-1 Omm., Too! At Q*.-!lr: .1 No Q 1 2 oil t Is L rgmy-") non conax-j 1511650 \ z A u, I Elf 3 T W y " ty Ou 4 v UUMM "GOT, 010 01y%, is 2E,04415% 5Cv, DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: NC Division of Marine Fisheries County: Hyde LOCATION OF PROJECT: Pamlico Sound, 3.5 miles north of Silver Lake in Ocracoke, in Hyde County DATE APPLICATION RECEIVED COMPLETE BY FIELD: 22 September 2014 FIELD RECOMMENDATION: Attached: N/A To Be Forwarded: N/A CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: N/A FIELD REPRESENTATIVE: David Moye DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: DISTRICT OFFICE: Washington David Moye FEE RECD: $ 475 PUBLIC NOTICE RECD: 9/23/2014 END OF NOTICE DATE: 10/13/2014 ADJ. RIP. PROP NOTICES RECD: N/A DEED REC'D: N/A APPLICATION ASSIGNED TO: ".ON: v^^11 '1 Zjal+ C) 75 DAY DEADLINE: 12/6/2014 MAIL OUT DATE: 9/22/2014 STATE DUE DATE: 10/13/2014 FEDERAL DUE DATE: 10/13/2014 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTIONS COMMENTS RETURNED YES NO NOTES Coastal Management — District Manager Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section Division of Water Quality Storm Water Management (DWQ) State Property Office Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission Local Permit Office Division of Marine Fisheries Hi RECENM Corps of Engineers SFP 2 it mu DCM-MHD CITY TRACKING FORM PROJECT NAME APPLICANT NAME PRE -APPLICATION MEETING N I A ONSITE INVESTIGATION NI A ACCEPTED AS COMPLETE 22 SeFr,-, io14 PROJECTED PERMIT DATE to btyc Zot4 PUBLIC NOTICE TO PAPER 14 S%Lyx ze\V PAPER C.oas�kam l --C%mu PUB. ON Cilt1l t4 20 DAYS UP ON PUBLIC NOTICE 13 Oc�o6- ZW4 FIELD REPORT 2z st-rZ 20ij BIO REPORT 2i SCP'f 20 t4 COMMENTS SENT Zz WC K 20 ty 21 DAYS UP I j ocZ zo 14 FEDERAL LR _ DWR USACOE USFW N [ 4 NAM Njp USEPA N,A IR —40 STORMWATER RALEIGH SHELLFISH SANITATION NCWRC DCM DOUG HUGGETT DISTRICT MANAGER FRANK JENNINGS N ( p DAVID MOYE _ ROY BROWNLOW N PLANNER CHARLAN OWENS N I A MAUREEN MEEHAN-WH.L DCA ARCHIVES. PWSS RECEIVE© SEP 2. 2014 DCM-WD CITY FISHERY RESOURCE SPECIALIST KEVIN HART_ JESSI O'NEAL LOCAL GOVERNMENT v PERMIT DRAFTED DRAFT TO MOREHEAD PERMIT ISSUED _ SIGNED COPY RECD NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory John E. Skvarla, III Governor 22 September 2014 Secretary NC Division of Marine Fisheries Mr. Craig Hardy PO Box 769 Morehead City, North Carolina 28557 Dear Mr. Hardy: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for the addition of a new Oyster Sanctuary located in the Pamlico Sound 3.5 miles north of Silver Lake in Ocracoke in Hyde County, North Carolina. It was received as complete on 22 September 2014, and appears to be adequate for processing at this time. The projected deadline for making a decision is 6 December 2014. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75 day. If this agency does not render a permit decision within 70 days from 22 September 2014, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing' postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. RECEIVED SEP 2 B 1014 943 Washington Square Mall, Washington, NC 27889 DCM-MHDCW Phone: 252-946-64811 FAX: 252-948-0478 Internet: www.nccoastalmanagennent.net An Equal Opportunity \ AKrmatm Actm Empbyw NC Division of Marine Fisheries Mr. Craig Hardy 22 September 2014 Page 2 An onsite inspection maybe made, and if additional information is required, you will .be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive copy of my field report and/or comments from reviewing agencies. Sincerely, David W. Moye� District Manager,. DCM Washington Regional office Enclosure Cc: WARO file Daniel Govoni — Assistant Major Permits Coord., Morehead City, DCM ' l7j NoTl(O*$ CAMA PERMIT APPLIED FOR PROJECT: To kx P 01c!lz 0r-WU\4-F. yc" H`f l� Co kaa -NN COMMENTS ACCEPTED THROUGH � �, kick 0. " APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: L�1L�N15�w.1 �F MAA\�1�' F\SV1'Eil1�� it _�AV\t7 MOIL � �\STti\�Z MAniA6ri� tiA�1i� C. \msw r�Na6rm 7 �b 11�0� �b9 qy� wasu�tisrc,ti �W�� VhAu, N.o0. � C,:Y NC ZRSS� \vgti�n\N6T o� Nc 27'dE4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM TO: Peggy Erickson Division of Marine Fisheries, NCDENR FROM: Gregg Bodnar Division of Marine Fisheries, NCDENR THROUGH: Craig Hardy L,L Division of Marine Fisheries, NCDENR ' DATE: September 17, 2014 John E. Skvarla, III Secretary SUBJECT: Department transfer of funds for Division of Coastal Management CAMA Permit (AR-298) The NC Division of Marine Fisheries Artificial Reef Program is submitting a Division of Coastal Management CAMA Permit to enhance and enlarge AR-298 Ocracoke Reef. Major Permit Fee: $475.00 NC DMF Funding Code: 1320-3306 NC DMF Account: 53 5111 Permit Address: NC Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 Justification: CAMA Permit fee for AR-298 Ocracoke Reef Approved for payment, Craig Hardy Habitat and Enhancement Section Chief NC Division of Marine Fisheries 3441 Arendell St. Morehead City, NC 28557 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-8600 1 Internet: www.nodenr.gov M Equal Opportunity I ARnmaM Action Employer - Made in psi by tecyrled paper RECEIVED SEP 2 6 2014 DCM-MHD CIP/ ***This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Sheet (02/15/2010) Applicant: NC Divison of Marine Fisheries Date: 09222014 Project Site County — Hyde Staff. David Moye District Elizabeth City XWashington []Morehead City []Wilmington Project Name: Oyster Sanctuary — AR-298 Ocracoke Reef Rover File: WA Date application 'received as complete' in the Field office (EX: 1/82007): 09222012 Permit Authorization: CAMA Dredge & Fill XBoth SITE DESCRIPTIOWPERMIT INFORMATION PNA: nYes XNo Photos Taken: Yes NoX Setback Required (riparian): Yes XNo Critical Habitat Yes No XNot Sure 15 That waiver obtained: Yes XNo Hazard Notification Returned: ❑Yes []No SAV: Yes XNo []Not Sure Shell Bottom: []Yes ❑No X Not Sure Temporary Impacts: ❑Yes XNo Sandbags: Yes XNo Not Sure Did the land use classification come from county LUP: XYes ❑No Mitigation Required (optional): []Yes XNo Moratorium Conditions: Yes No XNA Environmental Assessment Done: ❑Yes XNo ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) (SS) Glasswort ( Salicomia sp.) wetlands) El (CJ) Saw grass (Cladium jamaioense) Ll (SA) Sall marsh cordgrass (Spartina (BY) Salt reed grass (Spartina aftemiflora) cynosuroides) (DS) Soft or spike grass (Distichlis (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) Ll (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; 3490 MID) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 El Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major X IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 El Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 El Express Permit - $2000 acre; 3490 can be applied - $400 Major development extension request - II. Public or commercial/no dredge $100 and/or fill - $400 I. Private no dredge and/or fill - $250 III(C) Priv. public or oomm w /D&F to 1 RECEIVED acre; 3490 can be applied; DCM needs DWOagreement -$400 SEP 262014 DCM-MHD CITY NC Division of Coasta, "i;fit. AppC c 9aion Computer Sheet, Page 2 of 3) Applicant: NC Division of Marine Fisheries Date: 9/22/2014 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 Fishing reef NewWorkX Replace 1,850ft 1,798ft Maint ❑ ❑ Y X N New Work Replace Maint ❑ ❑ Y X N New Work 0 Replace • Maint ❑ ❑ Y ❑ N NewWork= Replace Maint ❑ ❑ Y ❑ N New WorW= Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N - New Work Replace Maint ❑ ❑ Y ❑ N - New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y [:IN NewWoFR= Replace Maint ❑ ❑ Y ❑ N ' New Work Replace Maint ❑ ❑ Y [:IN New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N ' New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [:IN New Work 0 Replace .- - Maint 0 0 Y ❑ N INC Division of Coastal Mgt. Application Computes- Sheet, Page 3 of 3) Applicant: NC Division of Marine Fisheries Date: 9/22/2014 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 OW Dredge ❑ Fill X Both ❑ Other Q 3,326,300 fte 114,301.4 fP 3,326,300 ft' 114,301.4 ft' Dredge ❑ FIII ❑ Both ❑ Other ❑ ' Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ ' Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED SEP 2 6 70" DCM-MHD CITY w NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director Coastland Times PO Box 400 Manteo, NC 27954 19 September 2014 Attention: Legal Advertising Department John E. Skvarla, III Secretary Please include the enclosed Notice of Filing in the Public Notice section of the 23 September 2014 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me or David Moye as soon as possible at 948-3820 or 948-3852. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to: Melissa Sebastian NCDENR COASTAL MANAGEMENT DIVISION 400 COMMERCE AVENUE MOREHEAD NC 28557 Thank you. Sincerely, Sherry Tyson, Secretary Division of Coastal Management ATTACHMENT Cc: File RECEIVED SEP 2 6 2014 943 Washington Square Mall, Washington, NC 27889 DCM-MHD CITY Phone: 252-946-64811 FAX: 252-948-0478 Internet: www,nccoastalmanagement.net An Equal Opponunity 1 Affirmative Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT EXPRESS PERMIT REVIEW PROGRAM The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 22 September 2014. According to the said application submitted by N.C. Division of Marine Fisheries, applicant proposes to expand the boundaries of an existing reef site (AR-298) and add additional material in the Pamlico Sound off Ocracoke in Hyde County, North Carolina. A copy of the entire application maybe examined or copied at the office of David Moye, 943 Washington Square Mall, Washington, NC 27889, during normal business Hours. Public comments received by 13 October 2014 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. David W. Moye District Manager 943 Washington Square Mall Washington, North Carolina 27889 252-948-3852 PLEASE PUBLISH ON: 23 September 2014 RECEIVED SEP 2 B 2014 943 Washington Square Mall, Washington, NC 27889 DCM-MHD CRY Phone: 252-946-6481 \ FAX: 252-948-0478 Internet: www.nccoastaimanagement.net An Equal Oppommity 1 Affirmative Action Employer Major Permit Fee Schedule DCM % 1 DWQ % Development Type Fee (14300160143510009316256263) (2430016024351000952341) I. Private, non-commercial development that does not involve e filling or excavation of any wetlands or open water areas: $250 100% ($250) 0% ($0) II. Public or commercial development that does not involve he filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) III. For development that Involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine K A,B, C, or D below applies: III(A). Private, noncommercial development, if General Water Quality Certification No. 3490 (See attached) can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial development, KGeneral Water Quality Certification No. 3490 (See attached) can be applied: $400 100% ($400) 0% ($0) 111(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) HIM. If General Water Quality Certification No. 3490 (see attached) cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% ($285) 40% ($190) RECEIVED SEP 2 6 209 DCM-MHD Cfly DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANTS NAME: N.C. Division of Marine Fisheries c/o Dr. Louis B. Daniel III, Director 2. LOCATION OF PROJECT SITE: Pamlico Sound, 3.5 miles north of Silver Lake in Ocracoke in Dare County, North Carolina Photo Index — N/A State Plane Coordinates - X: N/A Y: N/A GPS Rover File: N/A 3. INVESTIGATION TYPE: CAMA & D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - N/A Was Applicant Present - N/A 5. PROCESSING PROCEDURE: Application Received - 9/22/2014 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plans - Hyde County Land Classification From LUPs - Conservation (Water) (B) AEC(s) Involved: EW, PTA (C) Water Dependent: YES (D) Intended Use: Public/Government (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - AR-298 reef structure and Oyster Sanctuary Planned - 76.36 acres developed with recycled (crushed) concrete in mounds, reef balls, and reinforced concrete pipe and boxes (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands f114,301.4 ft' Oyster reef Sound bottom Material (C) Other (D) Total Area Disturbed: f2.624 acres (f114,301.4 sq. ft.) (E) Primary Nursery Area: No (F) Water Classification: SA-HQW Open: Yes PROJECT SUMMARY: The applicant proposes to expand the boundaries of the existing reef site (AR-298) and add additional material in the Pamlico Sound, off Ocracoke in Hyde County. RECEIVED SEP E 6 209 DCM-MHD CITY NC Division of Marine Fisheries Go Dr. Louis B. Daniel III, Director Hyde County Project setting The North Carolina Division of Marine Fisheries (NC DMF) Artificial Reef Program has an existing reef structure (AR-298) near Ocracoke, in the Pamlico Sound located t3.5 nautical miles north of Silver Lake, in Hyde County, North Carolina. The existing reef was recognized by the Division of Coastal Management as a 10 acre site located wholly within the authorized 28 acre Ocracoke Oyster Sanctuary site (one of 13 sites in the Pamlico Sound complex) authorized under Major CAMA Permit No. 140-09, issued to the NC DMF on 3 November 2009. The existing reef site contains a 130' barge, a 104' barge, a 65'tug, and 75 tons of concrete rubble, with a total footprint of 0.224 acre. The surrounding Oyster Sanctuary is comprised of 70 limestone marl mounds (each 45' to 60' in diameter) with a total footprint of 2.4 acres. The existing footprint of material is 2.624 acres or 0.09% of the 28 acre site. The navigation clearance over the structures was permitted for a minimum of 7' at normal water level. The water depth at the site ranges from 16' to 22'. The site is located in water classified SA-HQW by the Environmental Management Commission. The area surrounding the reef is open to shellfishing. The Pamlico Sound at the project location is Coastal Waters as classified by the N.C. Marine Fisheries and N.C. Wildlife Resources Commissions. Project description The NC DMF proposes to expand the boundaries of the existing reef to encompass 76.36 acres (t3,326,300 ftz) of which t2.624 acres (t114,301.4 ftz) will be filled with new structure. The new boundaries will consist of a rectangle 1,850' by 1,798'. This expansion will result in the reef area being the larger of the two sites with the aforementioned permitted Oyster Sanctuary now located wholly within the boundaries of the newly expanded reef (a reversal of the existing layout). The enlargement of the reef boundaries includes a 90' wide buffer around the perimeter of the site that accounts for t14.33 acres or 18.8% of the total site. NC DMF proposes to add material to the expanded reef site as described below; 1) Internment Reef Ball Field - located in the northeast corner of the proposed reef boundaries within 12 grids, each 52' by 57', and encompassing an area of 0.74 acre. This field will be located in the center of the current Oyster Sanctuary. A total of 120 internment reef balls are proposed and each grid has space for 10 reef balls. The proposed reef balls are a mix of Bay, Pallet, and Ultra balls and each ball will contain a small "pearl" of cremated ashes encapsulated within the concrete structure. The height range of the reef balls is from 2' to 4.3'. This will result in a mean physical footprint of 0.04 acre (1,854 ftz) or 5% of this area. The water depth in the proposed location averages 16' and a minimum navigation clearance of 11.7' above the internment balls will be maintained. Figures 4 and 5 depict the location and material description of the reef ball field. RECEIVED SEP 2 6 2014 DCM-MHD CITY PYTI, T': Al A 051 Q why on it 4 V. :bk �-WnW� :ws 0050� nAppa lin myl% �'T? 01 QQV P AQ 0254 1 Do "y W �Q t QV3, Q :f"" A 14 C' -110V �S'Pyj "0' 6.m.1c . r xilyno C 041%, MAST Wcu"Ps w0'lW Odn 4 3 AvIn ql P. q 41 As mf wx I jV0 1:001Z. A w0l;m W T 40 Tin LAQ "UTNIQ 0, Nis )Chico[W 113 YZ -YC LOW 'I OL:4 banlrll) NC Division of Marine Fisheries c/o Dr. Louis B. Daniel 111, Director Hyde County Page Two 2) Reef Ball Fields - located in the northwest and southeast corners of the proposed reef boundaries within 10 individual blocks, each 150' by 150', and encompassing an area of 5.2 acres. 90 Reef balls are proposed in each block for a total of 900 reef balls, and each block will consist of 48 Bay balls, 24 Pallet balls, 12 Ultra balls, and 6 Goliath balls. The height range of the reef balls is from 2' to 5'. This will result in a physical footprint of 0.25 acre (10,986 ft2) or 4.8% of this area. The water depth in the proposed location averages 18' and a minimum navigation clearance of 13' above the internment balls will be maintained. Figures 4 and 6 depict the location and material description of the reef ball field. 3) Concrete Precast Fields — located in the southwest corner of the proposed reef boundaries within 5 individual blocks varying in size, and encompassing an area of 4.575 acres. Approximately 110 tons of precast units will be deployed in each block for a total of 550 tons. The concrete structures are rectangular units comprised of waffle boxes, risers, catch basins, and solid boxes. The maximum height of the boxes is 5'. This will result in a physical footprint of 4.575 acres (199,287 ft2) or 100% of this area. The water depth in the proposed location averages 18' and a minimum navigation clearance of 13' above the internment balls will be maintained. Figures 4 and 7 depict the location and material description of the concrete precast field. 4) Low Density Reinforced Concrete Pipe Fields — located on the west side (centered) of the proposed reef boundaries within 2 L-shaped blocks, each encompassing an area of 0.71 acre (1.42 acres total). Each site will contain 308 units of material (230 tons) randomly placed within the area for a total of 616 units (460 tons). The maximum height of the deployed pipe will be 3'. This will result in a physical footprint of 0.52 acre (22,651.2 ft2) or 37% of this area. The water depth in the proposed location averages 18' and a minimum navigation clearance of 15' above the internment balls will be maintained. Figures 4 and 8 depict the location and material description of the low density reinforced concrete pipe ball field. 5) High Density Reinforced Concrete Pipe Fields — located in the southeast corner of the proposed reef boundaries within 4 individual blocks, each encompassing an area of 0.57 acre (2.28 acres total). Each site will contain 424 units of material (365 tons) randomly placed within the area for a total of 1,696 units (1,460 tons). The maximum height of the deployed pipe will be 5'. This will result in a physical footprint of 1.72 acres (74,923.2 ft2) or 75% of this area. The water depth in the proposed location averages 18' and a minimum navigation clearance of 13' above RECEIVED the internment balls will be maintained. Figures 4 and 8 depict the location and material description of the high density reinforced concrete pipe field. SEP 2 B 7014 DCM-MHD COY 6) Oyster Sanctuary Marl Mounds — located in the northeast corner of the proposed reef boundaries wholly within the boundaries of the permitted Oyster Sanctuary site authorized under Major CAMA Permit No. 140-09. This site contains 70 circular limestone mounds, each ±45'-60' in diameter containing ±150 tons of riprap I ZtiJ -T%" A Q I j1--.[-,,, n 4 4 my 11G R! 7! A q 41 100 wj�,) A. I �0: k 014i QLA X 0020 YJ Q00015 QQO.;��.j (>AKSK; PIK! 0,3 10M V:: W K , 3�0�,�021 03LUO: lyk W� 'AMPNIQ O.. AK,I M, 7q it' OPOK.� 2j 1; !a P av v in wa WOO XA2 W, 4v! V-I Op. 7 1:7, ;^- ,i 1.- J 1,11C 1-1- rJ;J f't! y3Q; Q77 PO�IQ it ON X"Ah Wf,�l J, :�,)�ZQWQ CwPCNvSW W LO SUMV, W�S WAR IPFq i V pj b1s:0:1 ww raq,w; in q j, Q Go, QMO PUNK W IM6 PQ OW Y 1 QtUpd T! MIQ j w` 1M Min 14 jQCVnphwalloly N ni: sw N`II. ':tic 0010 -siksaw'D 10KI 0021 COU�AA fk �WR NO: TAV, NC Division of Marine Fisheries c/o Dr. Louis B. Daniel III, Director Hyde County Page Three limestone that has been degraded by boring sponge. DMF proposes to add a total of 600 tons of crushed concrete (4" — 6") over the existing mounds as a veneer to create new surface area for oyster colonization. No new bottom area will be impacted and the minimum navigation clearance of 7' will be maintained. Figures 4 and 9 depict the location and material description of the crushed concrete veneer. Anticipated impacts The project as proposed will result in the expansion of an existing Oyster Sanctuary and Fishing reef from 28 acres (1,219,680 ft2) to 76.36 acres (t3,326,340 ft2) in Pamlico Sound. The overall physical footprint of the materials proposed for the reef will be 2.624 acres (114,301.4 ft2). The project as proposed will result in localized turbidity as a result of the material deployment. If successful, the project should result in additional shellfish and finfish habitat in this area of the Pamlico Sound as well as additional area for oyster recruitment. Depending on the success of materials used, the DMF will look to add material to the other areas of the new reef boundaries through permit modification as resources allow. David W. Moye — 22 September 2014 RECENED SEP 2 6 2014 DCM-MHD CUV Fit K 1-1 N Pic; 74 q6t A 014 44 r, : , isc 1 num q 0 Los p lu P q on 0 j 1 A 1�.� 40 " . ii ;.�, , i I ; i � i -., --. -; %: i AQ 10 �2031 jGG YU �j �21 onompi -tj Oq 0: V 0 1 V; 00 MAYO 0 n" L 02 0 GW:' V 00, 'Jo ;�Oi 301 (Qfv hAq AOL ini, Project Narrative AR-298 Ocracoke Reef NC Division of Marine Fisheries Artificial Reef Program Artificial Reef AR-298 is located in Pamlico Sound near Old House Channel in Hyde County, approximately 3.5 nautical miles north of Silver Lake in Ocracoke. The reef site lies in approximately 16 to 22 feet of seawater, with authorized minimum vertical clearance of 7 feet at mean low water, as identified from NOAA chart 11550(Figure 1). North Carolina Division of Marine Fisheries (DMF) is the permit holder for all artificial reefs in North Carolina. In addition to the US Army Corp of Engineers General permit # 198500194, and NC Division of Coastal Management (DCM) permit # 140-09. This proposed enhancement and boundary expansion requires a DCM CAMA permit due to AR-298's location within North Carolina state waters. The objectives of this permit are to: 1) Expand the reef site, 2) Bring past enhancements on the reef site into compliance, and 3) Describe new enhancements. The current artificial reef permitted reef site is 10 acres in size (Figure 2). Currently the NC DMF maintains a 28 acre reef site with four buoys that encompass all material currently on the reef site, and was permitted under the Division's Oyster Sanctuary Program (CAMA permit # 140-09). Current materials on AR- 298 include: one 130' barge (0.1 acres), one 104' barge (0.07 acres), one 65' tug (0.014 acres), 75 tons of concrete rubble (0.04 acres), and approximately 70 limestone marl mounds (2.4 acres), totaling 2.624 acres. In the past, materials common to artificial reef construction were placed on AR-298 outside the permitted reef site due to the unreliability of LORAN and early GPS units. Most material is located north of the artificial reef permitted reef site (Figure 2), and within the 28 acre site. Therefore we propose to expand the current reef site to accommodate the artificial reef permitted reef site, the existing material within permit #140-09, and allow for the proposed enhancements. The proposed expansion will increase the reef site to approximately 76 acres, which will place all existing material within the expanded reef site and allow for additional enhancements. A 90 foot buffer has been established within the proposed 76 acre boundary. No material will be intentionally placed within the buffer zone to assure that all enhancements will be within the proposed boundary. The expansion of the reef site, in conjunction with an established 90' boundary described here, will bring all permitted boundaries and existing materials into compliance and safeguard from these unintended oversights from reoccurring. The NC DMF proposes to enhance AR-298 with internment Reef Balls (Bay, Pallet, Ultra), standard Reef Balls'm (Bay, Pallet, Ultra, and Goliath), reinforced concrete pipe (various dimensions), precast concrete units (various dimensions), and crushed concrete (#4 and #6). All materials described are made of concrete, common to artificial reef construction, clean and free of pollutants, and have been utilized extensively in North Carolina artificial reef enhancements. All materials will be staged at the DMF South River Facility before enhancements commence. Clearances for these materials will abide by the authorized minimum vertical clearance of 7 feet as indicated on NOAA charts. A 0.74 acre patch reef has been established for the deployment of 120 internment reef balls contracted through Eternal Reefs, Inc (Figure 5). This patch reef lies entirely within the 28 acre site (CAMA permit #140-09). Eternal Reef internment balls contain a small "pearl" of cremated ashes that are encapsulated within the concrete. The EPA has determined that this process utilizes the ashes as an inert concrete additive and adheres to regulations regarding ocean dumping. Please refer to the Appendix A for reference material and the accompanying Review of artificial reef sitting procedures for AR-298 for additional information concerning reefing materials, essential fish habitat, species of note, and potential impacts. Each 52'x57' grid has space available for 10 Eternal Reef Balls'" (Bay, Pallet and Ultra), Co bdeployed SEP 2 6 7014 DCM-MHD CITY during the permit timeframe. Individual footprint of each Reef Ball" unit is: Bay (7.1ftz), Pallet (12.6ftz), and Ultra (23.8ft2). Due to the unknown quantity of each unit to be deployed, a minimum, maximum and mean footprint was calculated. The minimum footprint of 120 Bay Reef Balls'" is 852ft2 (3% of the 0.74 acre patch reef), and the maximum footprint of 120 Ultra Reef Balls" is 2,856ft2 (9% of 0.74 acre patch reef), with a mean footprint of 1,854ft2 (5% of 0.74 acre patch reef). An additional 900 Reef Balls'" will be deployed in (10) 150'x150'; 0.52 acre patch reefs (Figure 6). Each patch reef will consist of 48 Bay, 24 Pallet, 12 Ultra and 6 Goliath, for a total of 90 Reef Balls'" with a footprint of 1,098.6 ftz per patch reef (4.8% of the 0.52 acre patch reef). Only one of the 10 identified patch reefs will be deployed within the 28 acre site (LAMA permit #140-09). Concrete precast materials will consist of rectangular units known as waffle boxes, risers, catch basins or solid boxes, and piling cutoffs (Figure 7). These rectangular units vary in size and shape, with no units greater than 5 feet in height and no more than 6,OOOlbs (3 tons). Approximately 550 tons of the precast units will be deployed in 4.575 acres (Figure 7). Material will cover the entire acreage of each patch reef totaling 4.575 acres. Gag grouper and black sea bass are common inhabitants of inshore artificial reefs during their juvenile life stages. Gag grouper are ambush piscivorous predators that use the overhanging ledges as concealment. Reinforced concrete pipe will be deployed in (4) 0.57 acre patch and (2) 0.71 acre patch reefs (Figure 8). The (4) 0.57 acre patch reefs are high density pipe fields, and the (2) 0.71 acre patch reefs are low density fields. Each high density patch reef will consist of approximately 365 tons. Each low density patch reef consists of approximately 230 tons. The concrete pipe will be deployed on two low density and four high density fields. The high density concrete pipe patch reefs will cover approximately 75% (0.43 acres) of the 0.57 acre patch reefs. The low density concrete pipe patch reefs will cover approximately 37% (0.26 acres) of the 0.71 acre patch reefs. The low density fields are designed to allow for sandy interstitial areas between material clusters for ambush predators such as flounder who utilize the sandy substrate as concealment. Other species such as Atlantic croaker, black seas bass and spot forage within these areas as well. The high density fields provide profile which attracts pelagic species such as bluefish, Spanish mackerel and bait species. The existing 70 marl mounds are each approximately 150 tons of rip rap limestone that has been degraded by the boring sponge Cliona celata. Approximately 600 total tons of crushed concrete will be deployed over existing limestone marl mounds in varying amounts as a veneer to address the boring sponge impact on high salinity limestone marl sites (Figure 9). The variable crushed concrete tonnage will provide data to determine the minimum tonnage required to reduce the impact of the Cliona. The crushed concrete will cover each of the marl mounds, burying the existing biofouling community and providing new substrate that is unfavorable to Cliono growth. Approximate depth of the marl sites is 20 feet. Marl mounds range in profile from 10-12 feet, leaving 1-3 feet of profile for the crushed concrete veneer. Adding the additional material to the marl mounds will increase profile of these mounds, but NCDMF deployment methodology will ensure that minimum vertical clearances will not be violated and ensure that each mound is successfully covered. Divers, side scan sonar and depth measurement will be used to determine crushed concrete coverage and the mound's new profile. Mounds will be selected based on dimensions, profile and location within the reef site (black box, Figure 9). Finally, the crushed concrete will be deployed over existing mounds and will not increase the footprint of proposed enhancements and will not disturb additional soft bottom sediment. Deployment of the internment Reef Balls'" will be conducted by a contractor yet to be determined. DMF artificial reef staff will be on site for every deployment to ensure that materials are deployed within the internment section described in Figure 4. DMF artificial reef staff will mark the intended area with high flyer markers to provide a visible area on the water's surface. This area will be the intended target to deploy the internment Reef Balls'". This deployment procedure has been utilized in the past with success. The remaining materials (standard Reef Balls", reinforced concrete pipe, precast concrete units and crushed concrete), will be deployed using the NC DMF vessel M/V West Bay. This vessel is a 135' ex -military landing craft converted to perform habitat enhancement for the artificial reef and oyster sanctuary programs. Material will be deployed off the M/V West Bay via front end loader/fork lift and placed overboard within designated locations described in this narrative. DMF artificial reef staff will be on site for each deployment to mark individual patch reef boundaries, assist the M/V West Bay during deployment operations, and perform oversight to insure adherence to the permit requirements. Side scan data will be collected during and after all deployments to ensure that materials were deployed within the area specified. In summary this permit proposes to: 1) Expand the reef site from its permitted 15 acres to 76 acres, 2) Create a 90' buffer between all materials and the outer boundary, and 3) Deploy a footprint of approximately 619,205.4ft' (14.215 acres) to increase the material footprint from 114,301.4ft2 (2.624 acres) to approximately 712,815.8ft2 (16.840 acres). This will fill the 76 acre proposed reef site to approximately 22%of capacity. Figure 10 describes the buoying system used on estuarine artificial reef sites. A public comment meeting was held on June 17; 2014 in Ocracoke, NC to discuss the proposed objectives with interested stakeholders. There were no objections voiced during the meeting concerning the enhancement of this reef site. RECENED SEP 2 6 "U oche,WD cUY J04?". UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 ATLANTA FEDERAL CENTER 81 FORSYTH STREET ATLANTA, GEORGIA 30303-8960 Don Brawley , Eternal. Reefs. Inc. Jute 23, 1999 1066 Berkeley Road Avondale Estates, GA 3(1(X)2 Dear Mr. Brawley: Thank you for your June 17, 1999 letter concerning the potential for environmental impacts due to the use of cremated human remains used as an ingredient in concrete reef structures. The use of any acceptable materials for the construction of artificial reef structures is considered to be fisheries enhancement and is, therefore, exempt from ocean dumping regulations as per 40 CFR Subchapter H — Ocean Dumping, Part 220. Artificial reef siting and construction is permitted by the U.S. Army Corps of Engineers and managed by the respective state within whose waters the reefs are located. The U.S. Environmental Protection Agency does not support the use of materials for the creation of fisheries habitat that have the potential to release toxic substances in concentrations or amounts sufficient to cause an unacceptable adverse impact to the marine environment. The cremated human remains are used in small amounts as an additive to concrete reef structures and are relatively benign chemically. Additionally, the stability of the concrete structures results in a low probability that substances therein will be available to the marine environment. As such we can find no reason to believe that any unacceptable environmental impart is likely as a result of the use of cremine human retrains in concrete artificial reef structures. If you have any additional questions or comments please call me at (4 9) 562.9387 or Chris McArthur at (404) 562-9391. S' arel�A Roland E. Ferry Coastal Programs / tM met Addnaa (UAL) • http.)AMwwspa.gov NKyeIWRacydaMe.NMOO wm VY(NIabY iNl aesW Inya on nw'YcM pgmt(Mywnwn JS%poWeunxuma,) RECEIVED SEP 2 B ?M4 DCAA A",D CUV IN 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) Nc Division Of Marine Fisheries AR-298 Ocracoke Reef Applicant 1: First Name MI Last Name Harry C Hardy Applicant 2: First Name MI Last Name Gregory W Bodnar If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 3441 Arendell Street 769 Morehead City NC ZIP Country Phone No. FAX No. 28557 0769 Carteret 252 - 808 - 8053 ext. 252 - 726 - 9218 Street Address (if different thorn above) City State ZIP Email craig.hardy@ncdenr.gov, gregg.bodnar@nodenr.gov 2. AgentContractor 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 RECEIVED <Form continues on back> SEP 2 B 1014 DCM-MHD CITV 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Hyde N/A Subdivision Name City State Zip N/A N/A NC 27960 - Phone No. Lot No. (a) (if many, attach additional page with list) - - ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Tar -Pamlico Pamlico Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed []Yes SNo work falls within. State Waters 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) N/A 3,326,131.4 sq ft (76 acres) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) -16 to -22 FSW ❑NHW or SNWL e. Vegetation on tract None f. Man-made features and uses now on tract Existing artificial reef material. Approximately 70 limestone marl mounds (2.4 acres), 130ft. barge (0.1 acres), 104ft. barge (0.07 acres), 75 tons of concrete rubble (0.04 acres), 65ft. tug (0.014 acres). Please refer to the narrative for additional information on material description. g. Identify and describe the existing land uses adqacent to the proposed project site. Residential and Commercial h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? N/A (Attach zoning compliance certificate, if applicable) ❑Yes [:]No SNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes SNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes SNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ❑No (DNA National Register listed or eligible property? Kc�c vov <Form continues on next page> SEP 2611314 DCM-MHD CRY 252-808-2808 .. 1-888-4RCOAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. N/A p. Describe existing storm water management or treatment systems. N/A 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. Provide habitat for recreationally and commercially important finfish species. These structures will provide essential fish habitat for juvenile and adult life stages of finfish, crustaceans and invertebrates. Anticipated activities include recreational fishing and scuba diving. 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. Deployment of the internment Reef BallsT will be conducted by a contractor yet to be determined. DMF artificial reef staff will be on site for every deployment to ensure that materials are deployed within the internment section described in Figure 4. DMF artificial reef staff will mark the intended area with high flyer markers to provide a visible area on the water's surface. This area will be the intended target to deploy the internment Reef BallsT . This deployment procedure has been utilized in the past with success. The remaining materials (standard Reef BallsT , reinforced concrete pipe, and precast concrete units), will be deployed using the NC DMF vessel MN West Bay. This vessel is a 135' ex -military landing craft converted to perform habitat enhancement for the artificial reef and oyster sanctuary programs. Material will be deployed off the MN West Bay via front end loadertfork lift and placed overboard within designated locations described in the narrative. DMF artificial reef staff will be on site for each deployment to mark individual patch reef boundaries, assist the MN West Bay during deployment operations, and perform oversight to insure adherence to the permit requirements. Side scan data will be collected during and after all deployments to ensure that materials were deployed within the area specified. d. List all development activities you propose. Request for major permit modification to create: Expand the reef site from the current 15 acres to 76 acres RECENED (1) 0.74 acre patch reef containing 120 Reef BallsT (10) 0.52 acre patch reefs containing 90 Reef Balls' per patch reef 5EP 2 6 1614 (2) 1.03 and (3) 0.815 acre patch reefs containing approximately 550 tons of concrete precast units (2) 0.71 acre patch reefs containing approximately 115 tons of reinforced concrete pipe per patch reef DCM MHD C11Y (4) 0.57 acre patch reefs containing approximately 365 tons of reinforced concrete pipe per patch reef (5) Approximately 600 tons of 4"-6" crushed concrete used to cover limestone mad mounds e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? New 11.57 Existing 2.624 The crushed concrete veneer described in the narrative and Figure 9 will not disturb any additional substrate as it will be deployed onto prexisting mad mounds. ❑Sq.Ft or ®Acres 252-808-2808 :: 1-888-4RCOAST :: www. nccoasta l management. net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit g. Will the proposed project encroach on any public easement, public accessway or other area that the public has established use of? ®Yes []No ❑NA h. Describe location and type of existing and proposed discharges to waters of the state. None i. WIII wastewater or stormwater be discharged into a wetland? If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑Yes [:]No ❑No IONA ®NA j. Is there any mitigation proposed? If yes, attach a mitigation proposal. ❑Yes ❑No ®NA <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. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name 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. US Army Corp of Engineers general permit #198500194 Expires December 31, 2016 CAMA 140-09 RECERIED h. Signed consultant or agent authorization form, 'd applicable. i. Wetland delineation, if necessary. DCL&ANHD:CW 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. to Enter on Land I understand that any permit issued in response to this application will allow only the The project will be subject to the conditions and restrictions contained in the permit. 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement. net Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development 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 r /r a�0/ Print Name yi°e-Aft, i- Signatur Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED SFP 2 6 7014 DCM-MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www. nccoasta l management. net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 1,850 Width 1,798 Avg. Existing NA NA 16-22ft at Depth MLLW Final Project <9-15ft Depth NA NA navigational clearance 11. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or cubic yards. c. (i) Does the area to be excavated include 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 the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you daim title to disposal area? ❑Yes ❑No ❑NA III) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: lid d. High -ground excavation in cubic yards. ®This section not applicable b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? RECEIVED SEP 26 ZW DCM-MHDM 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.Mt revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION EThis section not applicable (If development is a wood groin, use MP-4 — Structures) a. Tvoe of shoreline stabilization: b. Length: [-]Bulkhead ❑Riprap ❑Breakwater/Sill []Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. Width: _ d. Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? []Yes ❑No ❑NA (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? EYes ❑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 Internment Reef Ball dependant on size of Reef Ball. Bav Ball = 750lbs. Pallet Ball = 2.200lbs and Ultra Ball = 4.500lbs. At 120 total units of largest Reef Ball size (Ultra) = 540,000lbs (270 tons). NE Reef Ball Group = 36 Goliath 72 Ultra, 144 Pallet and 288 Bay totalling 1.072,800 lbs. (536.4 tons). Low density reinforced concrete Pipe = Approximately 460,000 lbs. (230 tons) High density reinforced concrete pipe = Approximately 730,000 lbs. (365 tons) Concrete waffle box = Approximately 1.100,000 lbs. (550 tons Reef Ball / Pipe Group = 24 Goliath, 48 Ultra . 96 Pallet, 192 Say totalling 715,200 lbs. (357.6 tons) Aooroximately 600 tons of 4"-6" crushed concrete used to cover limestone marl mounds (iii) Dimensions of fill area Proposed reef enlargement 15 acres existing + 51 acres net enlargement = 76 total acres Enternment Reef Ball patch reef-- 0.74 acres (maximum footprint 2.856ft2 or 9% of patch reef) Reef Ball Patch reefs = 5.20 acres (footprint 1.098.6ft2' 10 patch reefs = 10.986ft2 or 4.8% of patch reefs) Low density concrete Pipe patch reefs = 1.42 acres (approximate footprint 11,325.6 ft2' 2 Patch reefs = 22,651.2 ft2 or 37% of patch reefs) High density concrete pipe patch reefs = 2.28 (approximate footprint 18,730.8 ft2' 4 patch reefs = 74,923.2 ft2 or 75% of Patch reefs) Concrete waffle box patch reefs = 4.575 acres (approximate footprint 199,287 ft2 or 100% of patch reefs) Crushed concrete will cover existing limestone marl mounds and will not increase percent fill coverage. 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 ENone (11) Describe the purpose of the fill in these areas: N/A RECEIVED SEP 2 61014 DCM-MHD CITY 252.808-2808 :: 1-8884RCOAST :: w .nccoastaimanaaement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 3 of 3) Percent fill coverage = 14.194 acres of 76 acre expanded site 1( Oil Average depth on site = 16-22ft. Approximate proiect depth = 16-22ft. Approximate material profile = 9-15ft. (iv) Purpose of fill The goal of North Carolina's artificial reef program is to develop, maintain, evaluate and administer a successful system of artificial reefs as an integral part of North Carolina's marine fisheries management program, so as to enhance marine fisheries habitat and public fishing and diving opportunities. 5. GENERAL a. How will excavated or fill material be kept on controlled? Concrete weights approximately 2.5 times water. Fill material is known to resist movement after deployment. Weight per unit ranges from 750lbs to 6,OOOOlbs. These materials are common to artificial reef construction and have proved durable and stable and have been used in NC artfcial reef enhancements within ocean waters. c. (i) Will navigational aids be required as a result of the project? ®Yes ❑No DNA (ii) If yes, explain what type and how they will be implemented. Site is currently marked with four yellow USCG class IV buoys. Buoy is secured to bottom via chain and a concrete sinker. Buoys are equipped with an internal radar reflector and reflective tape. Buoy is marked with AR #, NC Division of Marine Fisheries, 1-800-682-2632, and a Sportfish Restoration Funding logo. Buoy locations will reflect the enlarged 76 acre reef size (see figure 3). Date Project Name is!l�. l�.t�.ao,.� s�j✓lr��.rtri fcslw,ri b 5 Applicant ame Applicant Sighature What type of construction equipment will be used (e.g., dragline backhoe, or hydraulic dredge)? Material is lowered to water via an all terrain front end loader or crane from deployment vessel. Deployment vessel is MN West Bay or Private contractor as described in narrative. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No DNA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. RECEIVED SEP 2 6 2014 DCM-MHD CITY 252-808-2808 :: 1-888-4RCOAST :: w .nccoastalmananement.net revised: 12/26/06 W or C "B'I 17 17 ' ! 9ukes r Obstn s are y_ �: _ 'e �• = Fsh Haven 15 (anuth mir! 7 �� i / 17 -I q , ! 16 ti � 15 � 16 15 I ` — ------------ DA 0 10 j 11 11 11 9 - !p MINI IV , • 10 m /1Ps.xdlW'1V' ! _errR' IBA un a p aax���al�io.s a , w a MngfIcwieee " �Av o ° eewlM wrrd �.• alf�� "r( Ibn R64,1a, pylpnl4 (q I - V l"P . '1 4'11 pneRt 0. '<.. I a Jf to n P .pfep ^. r5 d A o.� r In I' tA N n.�IlM feRWYt 0 21�'1N' �'j p one, 1� o 41ft p • aMP I.fAY - A M1A fe.lr Pew' I9 iM w1 71r�Ina ap�• p - a 1 i F P r If 'Y' ♦ •nx I 1 A Mor i . I g IQ 7 [Oft1 544 V a � ManO a 1b Flo.. HPaq d'a 'I• a '66 LmWk' ,> � a m , " a `' 16 - �-il!° v �I a SAi1ND ..- '• P- tt � a I ° Flih g11Y1 �N (l �IL pm. �/ 0 0.275 0.55 1.1 Nautical Miles I-� `.I MISM �+ r., I I 1 cl a. Figure 1- AR-298 Ocracoke Reef Overview Artificial Reef AR-298 is located off Ocracoke Island, approximately 3.5 nautical miles north of Silver Lake in 16-22 feet of seawater. Authorized minimum vertical clearance as taken from the NOAA chart is 7 feet of seawater at mean low water. Legend NC DMF Artificial Reef Program — AA-2Pe proposed Boundary Line • Date: BA2r2014 fico M'°e W+E Sol Pagel of9 ompes: E i, oeeco. , � a oAa. M mnM ofoer,vnio. • *i0 n OCEIVED SEP 2 61014 DCM-MHO CRY Figure 2. AR-298 Ocracoke existing site The current 10 acre permitted site (blue circle outlined in black) is south of the majority of the existing material. The NC DMF maintains a 28 acre reef site through the CAMA permit # 140.09 that encompasses all existing material (OS Boundary). Current material includes limestone marl , 2 barges and 1 tug boat. NC DMFFvtificial Reef Program Date: 9/102014 Page 2 of 9 Nttco Legend llll(t 28 acres Esri, OEBC roes: Esri, OEBC0. Nrtional Oe _ S . National OeopraDhlo, =� SEP t A 7m/ Proposed Boundary Proposed Boundary 35.18042 N 35.18042 N -7599953 W-75,99352 W �P • sy� dk Tug Lg K*o onor D I _ Proposed Boundary 35,17533 N Proposed Boundary 75.99352 W 35.17533 N 0 0.0179.035 0.07 Nautical Mifes Figure 3. AR-298 Ocracoke Proposed Expansion The current 10 acre permitted site (blue circle) is south of the majority of the existing material. The NC DMF maintains a 28 acre reef site that encompasses all existing material through CAMA permit #140-09. The proposed expansion creates a 76 acre reef site with a 901t. material buffer zone. NC DWARtifcial Reef Progam Date: 9/10/2014 Page 3 of 9 mas: Esii. G OM. National dico • Ul1C>' 'oes: Eeri, GEec O, A. National Geographic. Legend u+ - Limestone Marl - 13011. Barge - 10411. barge - Concrete Rubble - 6511. tug 20 acres —Proposed 76 acres Buffer Zone RECENED SEP 2 6 2014 DC11til CITY U �— all Ne El Nr P 130a C :f rCf .14 J A 0 40 80 NOA I i I 160 Yards J eV re 4. AR-298 Ocracoke Proposed Enhancement Overview Proposed enhancements to the reef site Includes; Internement reef ball field. (4) Legend High density pipe fields, (5) Precast unit fields, (2) Low density plpe fields, and 9 (10) Reef Ball Fields. — .74 acres (120 RE) There are 2 patch reefs that encounter the 28 acre site through CAMA permit Precast Unit Fleltls #140-09 (de sign ated A). - Reef Ball Fleltls NC DMF Artificial Reef Program -High Density Plpe Fields Date: M 2/2014 tl ii co 0 Low Density Pipe Fields Page 4of9 nI, 11111d —28acres Wt1{�E oarces: Esri, OEBC rces: Esii. GEBCO, Proposed 76 acres OAA. National Bap iAA, Nat anal Geographic, s Buffer Zone RECENED SEP 2 6 7014 DCM-MHD Cuy 'n � Lnf A N A Ultra Reef Bal Row • • • Pallet Reef Ball Row 0 30 60 120 a Bay Reef Ball Row Profile View Not Drawn To Scale 7 Foot Minimum Vertical Clearance Ultra Ball 4.3 feet Pallet Ball 2.9 feet O Bey Ball 2 feetQOO O O p C N Figure 5. AR-298 Ocracoke Internment Patch Reef Plan & Profile View A 0.74 acre patch reef has been established for the deployment of internment reef balls contracted through Eternal Reefs, Inc. Each 52"7' grid has space available for 10 Eternal Reef BallsT• (Bay, Pallet and Ultra), for a total of 120 to be deployed during the permit timeframe. Individual footprint of each Reef Ball T• unit Is: Bay (7.ttt2), Pallet (12.6ft2, and Ultra (23.8 ft2). Due to the unknown quantity of each unit to be deployed, a minimum, maximum and mean footprint was calculated. The minimum footprint of 120 Bay Reef Balls^ is 852ft2, and the maximum footprint of 120 Ultra Reef Balls'• is 2,8502, with a mean footprint of 1,8502. The left row denotes 10 Ultra Reef Balls^', the middle row denotes 10 Pallet Reef BallsT•, and the fight row denotes 10 Bayy Reef Balls. NC DMF Artificial Reef Program Date: 9116M14 Page 5 of 9 lrlt'U -Limestone Ma rl • .74 acres (120 RB) n aft : �« ceaco, - Eternal Reef Ball Fots e pa•tyl' M. National Geoefapnic. d!t ��� • • 1WAk i ti111r yllfr r Fll". III'. Profile View Not Drawn To Scale Goliath Ba115 feet Ultra Ba1143 feet Pallet Ball 2.9 feet 00 O O ay Ball 2 feel O O pU �O 0� u III; tiilta f111'. ,•111 •.,R 0 112.5 226 450 675 Feel I M Figure 6. AR-298 Ocracoke Reef Ball Patch Reef Plan & Profile View An additional 900 Reef BaIISTM will be deployed in (10) 150'x150'; 0.52 acre patch reefs. Each patch reef will consist of 48 Bay, 24 Pallet, 12 Ultra and 6 Goliath, for a total of 90 Reef Balls"" with a footprint of 1,098.6 ft2 per patch reef (4.8% of the 0.52 acre patch reef). Only one of the 10 identified patch reefs will be Legend deployed within the 28 acre site (CAMA permit #140-09). Limestone Marl - 130ft. Barge NC DMFArhficial Reef Program - 104ft. barge Date: 9/16/2014 i1 - Concrete Rubble Page of a -65ft. tug n ouas: Ertl, GEBC sces: Esri GEBCO. - Reef Ball Footprint }v+E OM, Na eml Geographic National Geographic, - Reef Ball Fields S - s• 04F ~&W0 7�i 0 1127225 C- I 1 rD 110IlLPO 450 675 Feet Profile View Not Drawn To Scale Maximum of 11 feet of vertical profile 5 Feet u I Figure 7. AR-298 Ocracoke Concrete Precast Patch Reef Plan & Profile View Concrete precast materials will consist of rectangular units known as waffle boxes, risers, catch basins or solid boxes, and piling cutoffs. These rectangular units vary in size and shape, with no units greater than 5 feet in height and no more than 6,OOOlbs (3 tons). Approximately 550 tons of the precast units will be deployed in 4.575 acres. Material will cover the entire acreage of each patch reef totaling 4.575 acres. Legend NC DMF Artificial Reef Program Date: 9/16/2014 Page 7 of 9 limestone Marl - 130ft. Barge - 104ft. barge -Concrete Rubble ° - 65ft. tug W+X Precast Unit Fields s Tug Ual — =:� f �-4 +r � • . R • * ♦ • D 112.5 225 450 675 Feet* Profile View Not Drawn To Scale foot approximate profile Low Density 5 foot approxmate profile High Density Figure 8. AR-298 Ocracoke RCP Patch Reef Plan & Profile View Reinforced concrete pipe will be deployed in (4) 0.57 acre patch and (2) 0.71 acre patch reefs. The (4) 0.57 acre patch reefs are high density pipe fields, and the (2) 0.71 acre patch reefs are low density fields. Each high density patch reef will consist of 424 units and approximately 365 tons. Each low density patch reef consists of 308 units and approximately 230 tons. The high density concrete pipe patch reefs will cover approximately 75% (0.43 acres) of the 0.57 acre patch reef. The low density concrete pipe patch reefs will cover approximately 37% (0.26 acres) of the 0.71 acre patch reef. Legend - umedone M ml NC DMFArfificial Reef Program =1301. Barge y Data: en60014 n 1! co =1002. barge Pfl 1111d • t1 -Concrete Rubble o o Page6of9 JJAAB� -6stt. tog M W4�E O O owces: Es«GEBC cez: Es«OEeco, y L._]Low DensityPpe Fields OM. Nrtlo®I G M. Brtional Geographic. 5 y. _ High Densiy Pipe Fields Crushed Concrete Test Mounds k 0 60 160 320 460 Feet Profile View Not Drawn To Scale Crushed Concrete Veneer (11.13'total profile) 'o n X a Existing Marl Mound (10.12' profile) Figure 9. AR-298 Ocracoke Crushed Concrete Veneer for Marl Mounds Marl mounds will be covered by 4"-6" diameter crushed concrete. These treatments will aid in determining the minimum tonnage needed to successfully cover the 150 ton existing marl mounds. The crushed concrete veneer should seal the Cliona sponge infestation and provide additional substrate for sessile invertebrate colonization. Approximate depth of area is 20 feet. Marl mounds range in profile from 10-12 foot, leaving 1-3 feet of profile for crushed concrete. NC DMF Artificial Reef Program Date 9/1612014 Page 9 of : Esrl aEBC. - laional Geographic. ti1Co e and :: Esrk GEBC 0. National Geographic. Legend Limestone Marl - 130ft. Barge - 10411. barge - Concrete Rubble - 65ft. tug Proposed Boundary Proposed f Profile View Not Drawn To Scale 35.18042 N 35.18042 -7599953 W ef-7599352 ■ ao ff t 'r 04►0 ■ t �• Tu Lh L O ® O O LL Proposed Proposed Boundary i ® 35.17533 N 0 35.17533 N -75 99352 -7599953 W * - 0.05 0.1 0.2 Miles t I I + Figure 10. AR-298 Ocracoke Buoy Marking System Fourth class buoys mark the reef site on each of the four corners. Buoys are anchored to the bottom by a large concrete anchor. Buoys are serviced on a yearly basis. M 3 v A m 0 p G 0 a O NC DMF Artificial Reef Program Date: 9l160014 Page 9 of 9 :: Esrk G Nedonal Il ico 1111 d .:Evi,GE8CO3 A. National GeoerapNiu Legend OAR-298_Proposed_Boundary_Points - Limestone Marl - 130H. Barge - 104R. barge - Concrete Rubble - 65ft.tug - Reef Ball Fields .74 acres (120 RD) NC DMF Artificial Reef Program Review of Artificial Reef Siting Procedures A synopsis of objectives, methods and materials and impacts for sitting an estuarine artificial reef in Pamlico Sound, near Ocracoke, North Carolina, AR-298 Gregory W. Bodnar RECEIVED 5J1J2014 SEP 26LTN DCM-MHD CUY Table of Contents Section 1 Background........................................................................................3 Section 2 Sitting Methods ................. Section 3 ..................................................4 Essential Fish Habitat, Habitat Areas of Particular Concerns and ManagedSpecies................................................................................6 Section 4 Reef Material Categories................................................................14 LiteratureCited.........................................................................................18 This document is intended for use by multiple agencies and organizations as a reference guide and therefore all sections may not be applicable. Frequent updates of this document are expected to address individual reef site uniqueness. Page 12 Section 1 Background The re -drafted Magnuson -Stevens Fishery Conservation and Management Act (Public Law 94- 265) calls for direct action to stop or reverse the continued loss of fish habitat, stating that habitat is an important component of comprehensive fishery management programs. Congress mandated that the identification of habitats was essential to manage species and measures must be taken to conserve and enhance the identified habitat. The Act requires cooperation among multiple agencies including National Marine Fisheries Service (NMFS) and the regional Fishery Management Councils to protect, conserve, and enhance "essential fish habitat". Congress defined essential fish habitat (EFH) for federally managed fish species as "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity". Locally, the State of North Carolina has noted in the Coastal Habitat and Protection Plan (CHPP) that hard bottom, including artificial reefs, provides substrate for: sessile organisms, spawning and feeding grounds, refuge, and are negatively impacted by anthropogenic disturbances such as dredging, nutrient enrichment, and marine debris (Deaton et al. 2010). It is the goal of the NC Artificial Reef Program to develop, maintain, evaluate and administer a successful system of artificial reefs as in integral part of North Carolina's marine fisheries management program, so as to enhance marine fisheries habitat and public fishing and diving opportunities. Enhanced reef habitat (artificial reefs and oyster sanctuaries) can be wide ranging in materials from concrete and shipwrecks to naturally occurring materials like shell and marl. These materials provide suitable substrate for colonization of flora and fauna. Currently the State of North Carolina maintains 41 ocean and 8 estuarine artificial fishing reef locations (Figure 1). These reefs range from the SC/NC to NC/VA borders ranging from 1 to 30 nautical miles (nm) from shore, in Pamlico and Albemarle Sounds and the Neuse, Pamlico and New Rivers. The following information has been developed for a permitted estuarine reef herein referred to as AR-298 (Figure 2). AR-298 is centered 3.5 nm north of New Silver Lake, Ocracoke, NC in Hyde County. Enhancements to this reef site are expected to provide increased habitat for important finfish and invertebrates, and relieve recreational fishing pressure on nearby artificial reefs thereby increasing overall user satisfaction. This reef as proposed is within North Carolina state waters in approximately 16 to 22 feet of seawater with minimum vertical clearance has been established by the United States Coast Guard at 7 feet of seawater. All bottom is non -vegetated and without benthic sessile organisms. For further information on location and specific enhancement plans for this proposed reef (AR-298), please review the accompanying CAMA documentation. Objectives Maintaining a successful system of artificial reefs in the ocean waters has been a North Carolina endeavor for nearly forty years. Currently, the use of appropriated state, federal Sport Fish Restoration (SFR), and Coastal Recreational Fishing License (CRFL) funding is directed for the enhancement of RECEIVED estuarine finfish and oyster resource needs. The construction of this reef site originates from these SEP 2 6 2014 Page 13 DCM-MHDCIT ii. permitted reef site iii. potential expansion dimensions iv. unknown objects identified 3. Bottom identification will be utilized to create a mosaic of bottom type 4. Development of sampling matrix for site (not applicable) a. sampling stations will be identified through side scan and GIS i. unknown objects ii. sediment type (depth and extent) 5. Visual confirmation through SCUBA and video (not applicable) a. divers or drop video will confirm all unknown objects and sediment type for each sampling station identified i. water quality at surface and bottom 1. salinity, dissolved oxygen, temperature, secchi disk ii. object type iii. water depth iv. predominant sediment type v. predominant sediment depth (up to 7 feet) 6. Materials will be identified based on a. availability b. sediment type c. durability and stability 7. All data will be utilized in GIS to develop comprehensive map of proposed construction Sitting methods After a permit has been approved, sitting of reef materials will begin. All materials will be transported to or fabricated at the NC Division of Marine Fisheries facility in South River, NC. As previously mentioned, the primary construction will be performed by NC DMF and a marine contractor (Internment Reef Balls'"). Though no specific marine contractor has been identified for this section of the project, similar projects have been successfully accomplished and are the standard operating procedure. The process is outlined with examples. • Site evaluations and/or side scan sonar mosaics of reef site are used to determine appropriate patch reefs within reef site boundary o GPS coordinates are identified to develop a patch reef boundary • Support vessels use onboard GPS to deploy high profile visual marking floats to identify deployment locations • Artificial Reef personnel continually monitor location of deployment vessel to ensure accuracy • The deployment support vessel may use onboard side imaging sonar or side scan sonar equipment to accurately mark boundaries of patch reef and gather accurate GPS numbers to add to material database ,Page 16 The existing 70 marl mounds are each approximately 150 tons of rip rap limestone that has been degraded by the boring sponge Cliona celota. Approximately 600 total tons of crushed concrete will be deployed over existing limestone marl mounds in varying amounts as a veneer to address the boring sponge impact on high salinity limestone marl sites. The variable crushed concrete tonnage will provide data to determine the minimum tonnage required to reduce the impact of the Cliona. The crushed concrete will cover each of the marl mounds, burying the existing biofouling community and providing new substrate that is unfavorable to Cliona growth. Adding the additional material to the marl mounds will increase profile of these mounds, but NCDMF deployment methodology will ensure that minimum vertical clearances will not be violated and ensure that each mound is successfully covered. Mounds will be selected based on dimensions, profile and location within the reef site. Prior to any construction plans a side scan SONAR mosaic of the site was performed and reviewed to identify possible areas of natural live bottom or archeology interest, within the proposed construction area. There were no indications of archeologically significant structures or live bottom within the proposed expansion. Particular interest has been given to the following criteria. 1) Proximity to existing EFH. The main objective to reef construction is to supplement existing EFH with manmade materials. This would be counter -productive if existing natural EFH was damaged during the process. All efforts will be made to place material and new reefs sites in acceptable areas by using the LAMA review process. 2) Availability of suitable materials. Material selection is a process that takes into account all the criteria mentioned here in addition to stability/durability and bottom type. Stability/durability is a concern in any reef construction project. The most optimal site is one that satisfies the definition of EFH over the longest timeframe possible. Events such as hurricanes, prevailing winds and current movement are taken into account at each site. Bottom type is also crucial in that sitting a material on the wrong bottom type will reduce its stability/durability and effectiveness as EFH. 3) Dominant finfish composition. Materials that best fit certain metrics of habitat complexity could be identified for a dominant species. 4) Water quality factors such as hypoxic/anoxic events and other events of poor water quality can severely reduce the effectiveness of EFH. 5) Geographical location. Commercial fishing interests, major waterways and other anthropogenic conflicts will shape the process of enhancing/enlarging existing reefs and the sitting of potential new reef sites. A public comment meeting was held on June 17, 2014 in Ocracoke, NC to review expansion, enhancement, and to identify any potential user conflicts. No user conflicts were reported for the expansion identified in the LAMA permit documentation. Site Evaluation Methods 1. GIS will be utilized to develop a comprehensive data set of all existing and proposed involvement a. existing EFH will be documented b. side scan pre -mission planning c. production of visual references for regulation and permitting 2. Potential site, including surrounding bottom will beside scanned to create a comprehensive mosaic of site area a. items to be identified RECEIVED i. existing material SEP 2 6 20 Page 15 DCM,AAkIDVINr funding sources and uses donated materials through contributions from civic groups and businesses throughout North Carolina and adjacent states. The materials utilized for artificial reef construction in North Carolina are time tested and known to provide suitable substrate for a future thriving ecosystem. Reef Balls"' have been used in nearshore, offshore, and inshore NC waters with success for over 15 years (See Reef Material Categories). Concrete reinforced pipe and precast units have the same reputation and service history as well. This estuarine reef will provide accessible inshore opportunities to anglers and SCUBA divers, EFH to multiple life histories of estuarine dependent finfish species sublegal estuarine dependent finfish species immigrating to the ocean, and transient ocean species, as well as providing hard substrate for a variety of sessile invertebrates. All necessary permits and compliance approvals will be obtained before construction begins. This document outlines the expansion of the reef site, as well as current enhancements. Section 2 Sitting Methods Artificial reef enhancement can be wide ranging in material types from concrete modules to steel shipwrecks and naturally occurring materials like shell and marl. In this project the proposed enhancement materials are four sizes of Reef Balls'"' (Bay, Pallet, Ultra and Goliath). Weights will range . from 750 to 6,000 Ibs (please refer to Figures 5 & 6 located in the Project Narrative for complete specifications). Reef BaIISTm are a prefabricated artificial reef module designed to be stable and durable, with a proven record, and are a common material used artificial reef enhancement. Both standard Reef Balls'° and internment Reef BaIIST" will be deployed on the reef site. Internment Reef BaIIsT" are standard units modified as a memorial. Eternal Reefs is a company that produces these internment Reef BaIIST" for individuals wishing to be laid to rest in the marine environment. Eternal Reef internment balls contain a small "pearl' of cremated ashes that are encapsulated within the concrete. The EPA has determined that this process utilizes the ashes as an inert concrete additive and adheres to regulations regarding ocean dumping. Please refer to Appendix A of this document for additional information concerning the EPA's determination. Reinforced concrete pipe (RCP) is a unit of opportunity not specifically designed for artificial reef enhancement, but when used correctly, can create habitat similar to prefabricated units. This enhancement will utilize various sized RCP units. These units range from 792 to 5,450 Ibs (please refer to Figure 8 located in the Project Narrative for complete specifications). The concrete pipe will be deployed on two low density and four high density fields. The low density fields are designed to allow for sandy interstitial areas between material clusters for ambush predators such as flounder who utilize the sandy substrate as concealment. Other species such as Atlantic croaker, black seas bass and spot forage within these areas as well. The high density fields provide profile which attracts pelagic species such as bluefish, Spanish mackerel and bait species. Another material of opportunity, precast units, will be utilized on the reef site. These units are rectangular reinforced concrete units commonly known as waffle boxes, catch basins, and meter vaults. These units range in weight and dimensions, and will provide ledge habitat for a variety of demersal finfish. Gag grouper and black sea bass are common inhabitants of inshore artificial reefs during their juvenile life stages. Gag grouper are piscivorous ambush predators that use the overhanging ledges as concealment. Page 14 The remaining materials (standard Reef Balls', reinforced concrete pipe, and precast concrete units), will be deployed using the NC DMF vessel M/V West Bay. This vessel is a 135' ex -military landing craft converted to perform habitat enhancement for the artificial reef and oyster sanctuary programs. Material will be deployed off the M/V West Bay via front end loader/fork lift and placed overboard within designated locations described in the project narrative. DMF artificial reef staff will be on site for each deployment to mark individual patch reef boundaries, assist the M/V West Bay during deployment operations, and perform oversight to ensure adherence to the permit requirements. Side scan data will be collected during and after all deployments to ensure that materials are deployed within the area specified and adhere to the 7 foot minimum vertical clearance identified on the NOAA charts. Section 3 Essential Fish Habitat, Habitat Areas of Particular Concerns and Managed Species Table 1 shows the categories of EFH and Habitat Areas of Particular Concern (HAPC) for managed species which are identified in the Fishery Management Plan Amendments of the South Atlantic Fishery Management Council (SAFMC) and which may occur in southeastern Atlantic states. Table 2 lists fish species by life history stages which may occur in the vicinity of the project area and are managed under SAFMC. Specific fish and invertebrate species likely associated with the reef site during one or more of the species life history stages are listed in Table 3. These fish species and habitats require special consideration to promote their viability and sustainability. The potential impacts of the proposed action on these fish and habitats can be seen in Table 1 and are discussed below. Nearshore Ocean Water Column The nearshore ocean water column is defined as a medium of transport for nutrients, larvae and migrating organisms between river systems and the open ocean. The impact of this project is expected to be permanent and utilize space within the water column which may in turn alter currents and velocities in the immediate vicinity. This project will not impede the flow of waters to or from wetland areas nor the ocean waters. This project will add hard substrate on which multiple organisms, including encrusting species (algae, oysters, mussels, tunicates, corals, etc), motile invertebrates (crabs) and finfish (both transient and resident species) may utilize at multiple life stages from spawn through adult. The addition of hard substrate will enhance the available habitat used by the finfish assemblages and the associated encrusting community. Increasing the available habitat should help increase the available stock of reef associated species. Any impacts on the epibenthic community are expected to be minimal and short term. Page 17 RECEMED SEP 2 6 2014 DCM-MHO CFTY Table 1. Categories of Essential Fish Habitat and Habitat Areas of Particular Concern in Southeast United States lll (N/A= Not Applicable; NS = Not Significant) ESSENTIAL FISH HABITAT Present within or adjacent to project area Impacts from enhancement of estuarine artificial reefs Estuarine Areas 1. Aquatic Beds NO N/A 2. Estuarine Emergent Wetlands NO N/A 3. Estuarine Scrub/shrub Mangroves NO N/A 4. Estuarine Water Column Yes Permanent 5. Intertidal Flats NO N/A 6. Oyster Reefs & Shell Banks NO N/A 7. Palustrine Emergent & Forested Wetlands NO N/A 8.Seagrass NO N/A Marine Areas 9. Artificial/Manmade Reefs YES YES 10. Coral & Coral Reefs N/A N/A 11. Live/Hard Bottoms N/A N/A 12.Sargassum N/A N/A 13. Water Column N/A N/A Page 18 Table 1 cont. Categories of Essential Fish Habitat and Habitat Areas of Particular Concern in Southeast United States l'I (N/A= Not Applicable; NS = Not Significant) GEOGRAPHICALLY DENFINED HABITAT AREAS OF PARTICULAR CONCERN Present within or adjacent to project area Impacts from enhancement of estuarine artificial reefs Area -Wide 14. Council -designated Artificial Reef Special Management Zones NO N/A 15. Hermatypic (reef -forming) Coral Habitat & Reefs NO N/A 16. Hard Bottoms NO N/A 17. Hoyt Hills NO N/A 18. Sargassum Habitat NO N/A 19. State -designated Areas Important for Managed Species NO N/A 20. Submerged Aquatic Vegetation(SAV) NO ' N/A North Carolina 21. Big Rock NO N/A 22. Bogue Sound NO N/A 23. Cape Fear, Lookout & Hatteras (sandy shoals) NO N/A 24. New River NO N/A 25. The Ten Fathom Ledge NO N/A 26. The Point NO N/A 'Areas shown are identified in Fishery Management Plan Amendments of the South Atlantic Fishery Management Council and are included in Essential Fish Habitat: New Marine Fish Habitat Mandate for Federal Agencies. February 1999. (Tables 6 and 7). RECEIVED SEP R 6 2414 Page 19 DCM4AwD Cpy Table 2. Essential Fish Habitat (EFH) Species of Pamlico Sound and AR-298 Source: E = Eggs; L = Larval; J =Juvenile; A = Adult; N/A = Not Found EFH Fish Species Water Body EFH Fish Species Water Body Pamlico Sound Pamlico Sound Bluefish J A Gray triggerfish L J A Summer flounder LJA Yellowjack L1A Gag grouper LJ Blue runner LJA Gray snapper LJ Crevalle jack LJA Dolphin L1 Barjack LJA Cobia LJA Greater amberjack LJA King mackerel LJ Lesser amberjack J A Spanish mackerel LJA Almaco jack J A Black sea bass LJA Banded rudderfish J A Spiny dogfish J A Spadefish L J A Brown shrimp E L J A White grunt L J A Pink shrimp ELJ A Hogfish N/A White shrimp E LJ A Puddingwife LJA Atlantic bigeye tuna N/A Blackfin snapper N/A Atlantic bluefin tuna N/A Red snapper N/A Skipjack tuna N/A Cubera snapper N/A Yellowfin tuna N/A Silk snapper N/A Little tunny N/A Blueline tilefish N/A Shortfin mako shark N/A Sand tilefish N/A Blue shark N/A Bank sea bass J A Spinner shark J A Rock sea bass J A Page 110 Table 2 cont.. Essential Fish Habitat (EFH) Species for Pamlico Sound and AR-298 EFH Fish Species Water Body EFH Fish Species Water Body Pamlico Sound Pamlico Sound Swordfish N/A Grasby N/A Blue marlin N/A Coney N/A White marlin N/A Red hind N/A Sailfish N/A Goliath grouper J Calico scallop N/A Red grouper N/A Scalloped hammerhead shark N/A Misty grouper N/A Big nose shark N/A Warsaw grouper N/A Black tip shark N/A Snowy grouper N/A Dusky shark N/A Yellowmouth grouper N/A Night shark N/A Scamp J Sandbar shark J A Speckled hind N/A Silky shark N/A Sheepshead E L J A Tiger shark J A Red porgy N/A Atlantic sharpnose shark J A Longspine porgy J A Longfin mako shark N/A Scup J A Whitetip shark N/A Thresher shark N/A RECEIVED SEP 2 6 7N4 Page 111 DCM-MHDCOV Table 3. Species list and life history index for Pamlico Sound and AR-298 Source: NCDMF and NMFS, Beaufort, North Carolina, October 1999. E = Eggs; L = Larval; J = Juvenile; A = Adult; N/A = Not Found EFH Fish Species Water Body EFH Fish Species Water Body Pamlico Sound Pamlico Sound Striped bass J A Largemouth bass N/A Yellow perch N/A Chain pickerel N/A White perch N/A Redfin pickerel N/A American shad J A Channel catfish N/A Alewife 1 A White catfish N/A Blue back herring J A Bull catfish N/A Atlantic menhaden J A Redeaf sunfish N/A' Atlantic thread herring J A Pumpkinseed sunfish N/A Hickory shad J A Atlantic sturgeon J A Gizzard shad J A Shortnose sturgeon J A Spotted seatrout J A Sea lamprey N/A Weakfish J A Tarpon J A Red drum J A Ladyfish J A Black Drum ELJA Spotfin mojarra ELJA Spot ELJA Bay anchovy ELJA Atlantic croaker ELJA Crevalle jack J A Banded killifish N/A Fat Sleeper N/A Atlantic silverside J A Freshwater goby N/A Inland silverside N/A Naked goby J A Longnose gar N/A American eel J A Page 1 12 Table 3 cont.. Species list and life history index for Pamlico Sound and AR-298 Bowfin N/A Bluefish ELJA Bay whiff N/A Spanish mackerel ELJA Hogchoker ELJA Spadefish ELJA Southern flounder E L J A Gray snapper J A Summer flounder E L J A Sheepshead ELJA Gulf flounder ELJA Pinfish (inshore) ELJA White shrimp ELJA Spottail pinfish ELJA Brown shrimp ELJA Striped mullet ELJA Pink shrimp E U A White mullet ELJA Atlantic stingray J A Bull shark J A Intertidal Flats This proposed estuarine reef site is 3.Snm from Ocracoke Island in 16-22 feet of seawater. AR- 298 is not in proximity to intertidal flats of Pamlico Sound and associated tributaries, thus no impacts are anticipated. Oyster Reefs and Shell Banks Due to the depth of this reef site these natural habitat types are not present in the immediate area of this project, thus no impacts are anticipated. Seagrass and Submerged Aquatic Vegetation (SAV) Due to the depth of this reef site no seagrass/SAV is located within the proposed project area, thus no impacts are anticipated. State —Designated Areas Important for Managed Species Primary and Secondary Nursery Areas are designated by the NC Marine Fisheries Commission and are defined as tidal saltwater areas that provide essential habitat for the early development of commercially important fish and shellfish. This project is located in subtidal estuarine waters and is beyond both primary and secondary areas, thus this project will not have adverse impacts on these areas. RECEIVED SEP 2 6 2014 Page 113 DCM-MHDCITY Cape Fear, Lookout & Hatteras (sandy shoals) The Mid -Atlantic Fishery Management Council has designated the areas of Pamlico Sound adjacent to Hatteras and Ocracoke Islands as important nursery and pupping grounds for the sandbar shark. Sandbar sharks are known to seasonally migrate along the eastern coastal United States. Juvenile sandbar sharks remain in shallow waters until late fall at which time they move south and further offshore, and return in the summer months (FLMNH 2O03). Though this reef site is within the sand bar shark HPAC, the NC DMF will schedule all deployment activities during the winter months to remove any impact on the species. Therefore, deploying materials on this reef site will not impact the sandbar shark HPAC. Unconsolidated Soft Bottom Surface sediments of a soft bottom can act as habitat for a variety of microscopic plants and benthic epifauna/infauna species. These organisms may serve as food sources for other organisms, and in turn are prey items for larger, economically important fishery species such as red drum, summer and southern flounder, spot, Atlantic croaker, weakfish, and striped bass. The project area consists of subtidai hard/firm bottom with depth range of 16-22ft MLLW. The activities proposed have been demonstrated to have minimal affects overall on this EFH type, but it is important to consider post -settlement growth that may occur in these areas. This habitat serves many life history stages for a multitude of species. These and future reef construction activities will allow for the majority of the site's area to remain as undisturbed bottom and allow for a heterogeneous bottom that should increase diversity through the transition of two or more habitats known as "edge effect" (See Impact Summary for Essential Fish Habitat). These organisms may be indirectly and minimally affected by filling of the substrate. Given the mobility of the organisms and the extensive areas of soft bottom, the area of disturbance is likely to have no significant adverse effects. Additional Project Area Concerns In addition to EFH species in Table 1, prey species such as spot, Atlantic croaker, bay anchovy, Atlantic silverside, and pinfish may also occupy the waters of this site in Pamlico Sound estuarine waters during these species different varying life stages. The proposed project will not adversely affect prey species populations, and should benefit these populations as a result of the increase in hard substrate. Impact Summary for Essential Fish Habitat The objectives of this project are to enhance, expand and develop a reef site within Pamlico Sound estuarine system of North Carolina for the restoration/conservation of essential fish habitat. Artificial/manmade reefs are deployed to change habitats from a soft substrate to a hard substrate system and/or to add vertical profile. These reefs are generally deployed to provide fisheries habitat in a desired location that provides some measurable benefit to several different species as well as humans. When manmade reefs are constructed, they provide new hard substrate similar in function to newly exposed hard bottom (Goren 1985). Aside from the often obvious differences in the physical characteristics and nature of the materials involved in creating a manmade reef, the ecological succession and processes involved in the establishment of the encrusting assemblages (i.e. oysters, barnacles, tunicates, coral, sponges, hydroids and alga) occur in a similar fashion on natural hard substrates and man -placed hard substrates (Wendt et al. 1989). Finfish use natural and manmade hard substrates in very similar ways and often interchangeably (Sedberry 1988). The changes in species composition and local abundance of important species in a specific area are often seen as the primary benefits of artificial reef enhancement activities. Page 114 Additional benefits of artificial/manmade reefs placed on sandy or muddy soft bottoms are the increase of diversity and edges. The increase of biotic diversity is accomplished by adding hard substrate where none existed. This in turn will attract organisms that settle on hard bottom but cannot settle on a shifting sand bottom, and in turn attract predators that feed on these sessile organisms. Edges can be described as areas of transition between habitat types. Edges can also create areas of high diversity, more so than over continuous areas of one habitat type. This has come to be known as the edge effect principle. The edge created by deploying multiple patch reefs of hard substrate onto a soft bottom habitat may also create a habitat of its own. The edge habitat is a culmination of the two habitats (i.e. soft and hard substrates) because it is inhabited by a characteristic subset of species from those habitats. This has been observed on reefs where reef fishes congregate to graze on algae and are afforded the sense of security. Sheepshead, on the other hand, patrol the edge of the substrate foraging out into the soft bottom habitat but continuously return to hard substrate. Therefore creating these edge effects allows species from both habitats to inhabit the area, increasing diversity at the location. The physical characteristics of manmade reef habitat may result in differences in the observed behavior of fish species on or around such structures in contrast to behavior observed on equivalent areas of natural hard bottoms (Bohnsack 1989). Some reef structures, particularly those of higher profile, seem to yield generally higher densities of managed and non -managed species than a more widely spread, lower profile, natural hard bottom (Roundtree 1989). The ecological role of the reef as structure, providing food and protection, contribute to its value as a critical fisheries habitat. The three-dimensional reef provides more area for attachment of oysters and other sessile organisms and creates more habitat niches than occur on the surrounding flat or soft bottom habitat. Clams, mussels, anemones, polychaetes, amphipods, sponges, and many species of crabs are part of the reef community. The invertebrates recycle nutrients and organic matter and are prey for many finfish. Red and black drum, gag, black sea bass, sheepshead, pinfish, weakfish, spotted seatrout, Atlantic spadefish, summer and southern flounder, oyster toadfish, and other finfish are frequent members of the reef community. Artificial/manmade reefs are known to promote extensive invertebrate communities and enhance habitat for reef fish and other fish species, including cryptic, tropical, and recreational gamefish species of significance. The success of a reef and its contributions to stock enhancement varies geographically and is determined by a wide range of complex parameters, including existing habitat, physical limitations, material design, reef configuration, reef management, and the health of the targeted species complex, which in turn is reliant on effective fisheries management whether local, regional or national. This potential is further enhanced since domestic reef programs today possess better information, improved technology and are more focused in using these tools towards specific stock enhancement and fishery management needs. For species which may be to some degree habitat -limited, the establishment of additional suitable habitat targeted to specific life -history stages may improve survival. Additional manmade habitat designed specifically to promote survival of targeted species in "protected" areas could potentially enhance existing ecosystems or create new ones to fill in gaps where essential fish habitat had been damaged, lost, or severely over -fished. Enhancing estuarine habitat limited species during the juvenile life stage can further increase stocks by increasing survival rates at these critical life stages. Perhaps the most important contribution that manmade reef technology can provide for fisheries management efforts would be to create additional habitat and fisheries to mitigate user groups for perceived loses due to hurricanes, disease, overfishing, and habitat loss. AR-298 Ocracoke is located in the sandbar shark HPAC. Sandbar pupping occurs around May and June, with juveniles remaining in the nursery grounds until fall. AR-298 Ocracoke deployments will RECENED be scheduled outside these times to negate impacts to the nursery/pupping grounds for the sand bar SEP 2 8 NIU shark. Other free swimming organisms will be able to avoid the area directly affected by project Page 115 DCM-MHDCrFV activities and move to other soft bottom habitat, thus minimizing direct impacts to these organisms. Any temporary impacts to these organisms will be outweighed by the benefits of providing additional hard substrate by increasing food resources, available hard substrate, potential spawning habitat, etc to the system. Some impacts to EFH will be permanent since the deployment of reef material onto bottom will change the availability of the bottom directly under the material. The other impact is the loss of water column due to the "profile" of the reefs being built, although permanent, water flow impediment will be minimal. In contrast to the permanent impacts to the existing EFH, the ecological functions of ocean reefs are numerous and may become an essential component of the offshore hard bottom system. While a few EFH types will be subject to temporary impacts and other EFH categories will have permanent impacts, these disturbances are trade-offs that will increase biomass of finfish species to help restore populations, create habitat in a hard substrate limited system and support high diversity and multiple ecological functions. Enhancement of existing ocean reefs or development of new ocean reefs is not expected to cause any significant adverse impacts to any managed species and in fact will hopefully facilitate the revitalization of Onslow Bay and its beneficiaries. Section 4 Artificial Reef Material Categories Materials identified, for use in artificial reef construction have been reviewed by the NC artificial reef program to determine adequate stability and durability, are made of suitable materials that will not pose a threat to wildlife, are deployed safely and effectively, and follow guidelines for suitable artificial reef materials published by the Gulf and Atlantic States Marine Fisheries Commissions (Lukens & Selberg 2004). Materials identified here do not encompass the full range of potential materials, though the materials described for this project are contained within this section. This is intended to be a living document due to the dynamic nature of reef construction. Materials may be added or removed to this list as views concerning what are "acceptable" material changes, and this does not constitute a complete listing of all materials. This document is not intended to promote, encourage or exclude the use of particular materials, rather to give a comprehensive classification of potentially acceptable materials. All materials used are clean of contaminates prior to deployment following required regulations specific to the type of material. Page 116 Article I. Concrete and related Section 1.01 Designed reef modules (a) Reef BaIISTM, Waffle Crete, Hex cones, Reef maker Pyramids and Ecosystems, etc (i) These materials are generally units weighing less than 1 ton, non -reinforced or fiber reinforced, and have been designed for use in artificial reef construction. Section 1.02 Pre -Cast (a) Box culvert, waffle boxes, meter vaults, wet well sections, catch basins, knockout boxes, wing walls, buoy sinkers (USCG and DMF), reinforced concrete pipe (RCP). (i) These materials are generally units weighing less than 3 tons, can be reinforced with metal rebar or wire mesh, and were designed for applications other than reef material. Section 1.03 Scrap (a) Rubble, slab, bridge railing, dock panels, curb, sidewalk, storm RCP, crushed concrete, and ferro cement vessels (i) Various dimensions and weights, may or may not be reinforced, and may have been removed from a construction site. These may be reduced in size or whole. These materials are clean of any contaminates (hydrocarbons, etc) before deployment. Article II. Fiberglass (a) Boat molds have been uses in ocean and estuarine reef construction projects however are no longer considered acceptable and are prohibited through ACOE permit. Article III. Natural Section 3.01 Rock (a) Lime stone, marl, granite, stone dredge material (i) Natural materials that are mined from the earth, these materials are stable and durable. Section 3.02 Shell (a) Mollusk (clam, oyster, whelk) (i) Harvested from natural organisms made of calcium carbonate Article IV. Metal Section 4.01 Vessels (a) Trawler, freighter, barge, tanker, crew boat, tug, military, motor vessel, sailboat, etc (i) Vessels are of various sizes and profiles, and will be noted for individual minimum vertical clearance Section 4.02 Military Equipment (a) Tanks, armored personnel carrier (i) Equipment of various sizes and profiles, and will be noted for individual minimum vertical clearance. Military equipment is known to hold up well do to their rugged construction. RECEIVED SEP 2 6 7014 Page 1 17 DCM-mHDCAy Section 4.03 Bridge components (a) Bridge span, etc (i) Spans are typically obsolete swing bridge spans. Spans and other components have been cleaned of hydrocarbons, asphalt, etc. These can be in whole components or reduced form. Section 4.04 Aircraft (a) Fixed wing, helicopter (Military and Civilian) (i) Some aircraft construction is very rigorous due to the high stress tolerances of flight. (ii) Some aircraft construction is unsuitable, i.e. large cargo plane and helicopter airframes. Page 118 Appendix A. EPA letter stating use of cremated remains through Eternal Reefs Inc. 6 �9 � UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 ATLAN'rA FEDERAL CENTER at FORSYTH STREET a ATLANTA, GEORGIA 30303-6960 Don Brawley , Eternal Reefs, Inc. ]true 23, 1999 1066 Berkeley Road Avondale Estates, GA 3(XX)2 Lear Mr. Brawley: Thank you for your June 17, 1999 letter concerning the potential for environmental impacts due to the use of crenated human remains used as an ingredient in concrete reef structures. The use of any acceptable materials for the construction of artificial reef structures is considered to be fisheries enhancement and is, therefore, exempt from ocean dumphng regulations as per 40 CFR Subchapter H — Ocean Dumping, Part 220. Artificial reef siting and construction is permitted by the U.S. Army Corps of Engineers and managed by the respective state within whose waters the reefs are located. The U.S. Environmental Protection Agency does not support the use of materials for the creation of fisheries habitat that have the potential to release toxic substances in concentrations or amounts sufficient to cause an unacceptable adverse impact to the marine environment. The cremated human remains are used in small amounts as an additive to concrete reef structures and are relatively benign chemically. Additionally, the stability of the concrete structures results in a low probability that substances therein will be available to the marine environment. As such we can find no reason to believe that any unacceptable environmental impact is likely as a result of the use of cremate human remains in concrete arrificiai reef structures. If you have any additional questions or commentx please call me at (404) 562-9387 or Chris McArthur at (404) 562-9191. Si ere] r Roland E. Ferry �JJJ Coastal Program / Intertwt Ad*n (URL) • htgJlw ep,q.v MryNc6Waydcblc.PAMeG w.lh YpeIY,NOII Bwe Inln an Pwcyde0 Pgw(A ,. 25»AaMccnwmpr, RECEIVED SFP 2 B 2014 Page 119 DCM-MHD CITY J ,'�� AR•196 ', AA 282 ,. t r Figure 1: AR-298 Ocracoke Legend Artificial Reef AR-298 is located off Ocracoke Island, approximately 3.5 nautical miles north of Silver Lake in 16-22 feet of seawater. Q AR_6uoys 0 12.6 25 50 Nautical Miles sR "ry Ocean_Basemap Dr NC MyEe NC DMFAr6ficial Reef Program �iVrP; Date: 511 R014 Pagel of4 6J/oeSJE t6EBCfl� 8 0'qq, N5Lonal Oeographiq F adfret _A� y Page 120 5 Literature Cited Bahr, L.M. and W.P. Lanier. 1981. The ecology of intertidal oyster reefs of the South Atlantic coast: a community profile. U.S. Fish and Wildlife Service, Office of Biological Service, Washington, D.C. 105pp. Bohnsack, J. 1989. Are high densities of fishes at artificial reefs the result of habitat limitation or behaviorial preference? Bulletin of Marine Science 44(2): 631-645. Dame, R. F. and N. Dankers. 1988. Uptake and release of materials by a Wadden Sea mussel bed. Journal of Experimental Marine Biology and Ecology 118:207-216. Dame, R. F., J.D. Spurrier, and T.G. Wolaver. . 1989. Carbon, nitrogen, and phosphorus processing by an oyster reef. Marine Ecology Progress Series 54: 249-256. Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal, B. Boutin. 2020. North Carolina Coastal Habitat Protection Plan. North Carolina Department of Environment and Natural Resources. Division of Marine Fisheries, NC. 639 pp. Florida Museum of Natural History. 2003 (FLMNH). htto://www.flmnh.ufl.edu Goren, M. 1985. Succession of benthic community on artificial substratum at Elat (Red Sea). Journal of Experimental Marine Biology and Ecology 38: 19-40. Grabowski, J.H., D. Pettipas, M.A. Dolan, A.R .Hughes, and D.L.Kimbro. 2000. The economic and biological value of restored oyster reef habitat to the nursery function of the estuary. NC Sea Grant, Morehead City, NC, FRG # 97-EP-6, 29p. Harding, J.M., R. Mann. 2001.Oyster reefs as fish habitat: opportunistic use of restored reefs by transient fishes. Journal of Shellfish Research 20(3):951-959. Lehnert, R.L., D.M. Allen. 2002. Nekton use of subtidal oyster shell habitat in Southeastern U.S. estuary. Estuaries 25(5):1015-1024. Lenihan, H.S., C.H. Peterson, J.E. Byers, J.H. Grabowski, G.W. Thayer, and D.R. Colby. 2001. Cascading of habitat degradation: oyster reefs invaded by refugee fishes escaping stress. Ecological Applications 11(3):764-782. Lukens, R.R. and Selberg, C. February 2004. Guidelines for Marine Artificial Reef Materials, Second Edition. GSMFC. Ocean Springs, MS.198pp. Orlando, S. P. Jr., C. J. K. P.H. Wendt, M.E. Pattillo, K.C. Dennis, and G.H. Ward . 1994. Salinity characteristics of South Atlantic estuaries. National Oceanic and Atmospheric Administration, Office of Ocean Conservation and Assessment, Silver Springs, MD,117p. Roundtree, R.A. 1989. Association of fishes with fish aggregation devices: effects of structure size on fish abundance. Bulletin of Marine Science 44:960-972. Sedberry, G. R. 1988. Food and feeding of Black Sea Bass, Centropristis striata, in live bottom habitats in the South Atlantic Bight. Journal of the Elisha Mitchell Scientific Society 104:35- 50. Wendt, P. H. , D. M. Knott, and R. F. Van Dolah . 1989. Community structure of the sessile biota on five artificial reefs of different ages. Bulletin of Marine Science 44:1106-1122. RECEIVED SFp 2 6 t1114 Page 121 DCM-MHD CITY NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory John E. Skvarla, III Governor 22 September 2014 Secretary RESPOND TO DAVID MOYE IN THE WASHINGTON REGIONAL OFFICE MEMORANDUM TO: Daniel Govoni Division of Coastal Management FROM: David W. Moye, District Manager, DCM 943 Washington Square Mall Washington, NC 27889 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Division of Marine Fisheries c/o Craig Hardy Project Location: In Pamlico Sound, 3.5 miles north of Silver Lake in Ocracoke, in Hyde County, North Carolina Proposed Project: The applicant proposes to expand the boundaries of the existing reef site (AR-298) and add additional material in the Pamlico Sound, off Ocracoke. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 13 October 2014. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: SIGNED This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE RECEIVED 5EP 2 tf ?n+4 943 Washington Square Mall, Washington, No 27889 Phone: 252-946-6481 1 FAX 252-948-0478 Internet w,aw.nccoaslalmanagernentnet An Equal Oppanunny 1 Affinnabve Action Employer 150 loan - ny ayaw, OCATI, AN An !W,a Sul wirgm 10-Av tv 11WIP I pysci ;D 0 boy q no at AwNwo ju () !"', , M-021 Aw T .. 01 AOM 73NO 2, 400 vc, jj,�, Ton n ONTOw"IrRA ■ Complete ite s Also complete A. 79y, .Hem 4 if Rest I e is desired. Agent ■ Print your name and address on the reverse X ❑Addressee so that we c�VTtVjh �r{f to you. 13eived by ( J D. Date of Delivery ■ Attach this rid to,91 b I9 the mailpiece, or on the front if space permits. i5r1 1. Article Add RECENED INARO Nnv 0 4 V4 I I Mr Craig Hardy DCM*AFID CITY L NC Divebn of Marine Fairer., P Bois ]a9 Morehead City, NC 28557 2. Article Number ((rans/Br from service Leo 7 010 0 2 D. Is delivery address different from Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Express Mail ❑ Registered �Retum Receipt for Merchandise 13 Insured Mall ❑ C.O.D. 4. Restricted Delivery? Palm Feel ❑ yes 0001 56 PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 UNITED STATES POSTAL SERVICE I I I Il I LPostage ISPS First -Class N& Fees s Paid Permit • Sender: Please print your name, address, and ZIP+4 in this box ;a INC Department of Environment & ® Natural Resources Washington Regional Office Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 Please use this card to schedule a�yee rction conference Immediately BEFORE �cyk��ork on your permitted project. Nov 1 U014� The pre -construction meeting will give you e opportunity to discuss permit cYgcj(tipr�s, pgn�iction techniques and an questions ��d(�PMtiIth a Coastal Management representative. This will enable you to proceed with your project as quickly and smoothly as possible. When you are ready to begin construction, fill out this card and mail It to the Division of Coastal Management at the address on the reverse side. Thank you. Permit number: Expiration date: 3 % lNe-z-Vot 1 2on Issued to: N Q- Contact person: J SOCr/ hOr Telephone number: -26-2-NI 8ce-8053 Project starting date: �l—� 2014 N.C. Division of Coastal Management 943Washington Square Mall Washington, NC 27889