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HomeMy WebLinkAbout25-19 Renewal National Audubon SocietyPermit Class RENEWAL STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission r Permit 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 Permit Number 25-19 Issued to National Audubon Society c/o Curtis Smalling, 807 E. main St. Suite 2-220, Durham, NC 27701 Authorizing development in Brunswick County at Lower Cape Fear River, Shellbed & Striking Islands , as requested in the permittee's application dated letter dated 2/23/23. This permit, issued on March 9, 2023 , 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. 1) This renewal shall be attached to Permit No. 25-19, which was issued to the permittee on 4/30/19, as well as all subsequent modifications, refinements, and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2019-0044. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No. 2017-02284. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NC Division of Coastal Management CAyL4 Major Permit Renewal Request District: Major Permit Staff: Cameron L u c, k/**'— Applicant Name: A/a. o oa ( O e Request Date: �3 Last First Received in Office: ­. -0 0�s Proj cc / �,or--- Address: Y (�% [ �./� J %� _Z lard's C.Y Street Address City ZIP ode CAiMA Permit No.: r2 Agent's Name: Permit Expiration Date: l o 3 /J� ./I I , Payment S I d D • op W. /4 1 NO District Manager,!Tield Rep Approve" (Initial Appropriate Box) ❑ Other Information DWR Project n 04 I n No: Has substantial YES NO If Yes, development occurred? ❑ X Explain: YES Recommend to Renew? X If Not approved, provide Justification: USACE action � O �� y ID _No.:Q Staff .. - Staff • Signature Date: � - North Caraba Dep"U,"nt Qf EnvfrorunentW Q$w ty j D#rrlsion of Coastat Marttagemem- Washington Q€Hee ! 443 Wad*Von Square Mall I Was *Wm North CamUm 27M ; M946.Wl WftftQfM ©! I W cKdw i7rit ex� L Wft ttgtM Nkrttr CW01 a 28405 I gla Vnrd�,-M CKV Offim 1400 Cmme"P_ Ave me E Morehead CkvMm-th CafnHna MS57 f 2MAMM& 'Audubon ''� NORTH CAROLINA February 23, 2023 Coast Islands and Sanctuaries c/o Lindsay Addison 4105 Glen Arbor Dr. Wilmington, NC 28411 Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 127 Cardinal Drive Ext Wilmington, NC 28405 Dear Tara, I am writing to request an early renewal of CAMA permit 25-19 (attached) for construction of oyster reefs on the Lower Cape Fear River and loose shell placement on nearby shell rakes (linear oyster shell deposits on estuarine islands). This permit was initially used in the fall of 2020, when one of the four oyster reefs was constructed (Shellbed Island Site B in the original maps, or simply the northernmost reef). Prior to work starting, we modified the permit to change the base layer design. That change has worked well at the initial reef, with the base layer remaining contained under the bagged oyster shell. In 2020, we requested and received another permit modification to enhance nesting habitat on nearby shell rakes. The placement is restricted to areas where shell rakes existed, but are degraded and lack a nearby natural source of shell due to the loss of oyster reefs in the Cape Fear River. This component of the project has not been implemented yet, but we expect to receive funding for it this spring, with the target placement timeframe being fall 2023 or winter 2023/2034. I am making this renewal request late to a mistake on my part, and I apologize for being tardy. Thank you for your time, Lindsay Addison coastal biologist laddison@audubon.org / (239) 784-2251 FEB 2 7 2023 DCM WILMINGTON, NC. enclosed: $100 application fee CAMA permit 25-1.9 August 25, 2020 and November 19, 2020 modification authorizations Permit Class NFW Permit Number 25-19 STATE OF NORTH CA,ROLINA Department of Environmental Quality and Coastal Resources Commission �r.& & I&, JPm " for X Major Development in an Area of Environmental Concern pursuant to NCGS 1 13A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to National Audubon Society c/o Curtis Smalling, 807 E. Main St. Suite 2-220, Durham, NC 27701 Authorizing development in Brunswick County at Lower Cape Fear Rive, Shellbed 8c Striking_ Islands , as requested in the permittee's application dated 11114118 (MP-1, MPA), 11/6/18 (MP-2), inc, attached dwgs. (15), Sheet 1 of 15 dtd. 10/25/18, Sheets 2-5 of 15 dtd. 1213/19, and Sheets 6-15 of 15 dtd, 12/4/18. This permit, issued on April 30, 2019 , 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. Offshore Sill/Oyster Reefs 1) Unless specifically altered herein, this permit authorizes the offshore sills and oysters shell fill that are depicted on the attached workplan drawings. 2) The alignments of the approved offshore sills/oyster reefs shall adhere to the alignments depicted on the attached workplan drawings, including the location and design of the openings designed to allow for movement of aquatic organisms. 3) The ends of each of the offshore sills shall be marked with a yellow reflector extending at least three feet above normal high water level. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. 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 oil December 31, 2022 Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. .:)i Signature of Permittee C:;t�l ��1Jil illli\It_� 1'0►N, INI National Audubon Society Permit No. 25-1.9 Page 2of3 ADDITIONAL. CONDITIONS 4) The permittee shall notify the Division of Marine Fisheries Shellfish Sanitation Section immediately upon completion of the authorized offshore sills so that closed shellfish harvesting signs can be posted and modified patrol plans can be developed by the NC Marine Patrol. NOTE: To establish these areas as research sanctuaries, please contact the Division of Marine Fisheries at (252) 808-8050. S) No open water areas shall be filled outside the alignments depicted on the attached workplan drawings. 6) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials from any portion of disturbed staging areas do not enter adjacent wetlands, watercourses and property. 7) Any staging areas shall be inspected and approved by a representative of the Division of Coastal Management prior to the initiation of any work under this permit 8) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 9) In order to further protect the endangered Test Indian Manatee,T�ichechus manatus, the applicant trust implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fwsgav/ilc-es/niaiiunal/niaiiatee uig delines.pdf. Monitoring 10) Unless specifically altered herein, the monitoring and reporting requirements listed in the Environmental Assessment dated November 2018 shall be implemented. 11) The pennittee shall provide a copy of the monitoring report to the Division of Coastal Management within 90 days of completion of the initial report and the three (3) subsequent annual reports. An as -built survey shall be performed on the sills, and copies of the survey provided to the Division of Coastal Management, within 90 days of completion of construction. General 12) No attempt shall be made by the permittee to prevent the free and full use by the public of all navigable waters adjacent to the authorized work. 13) The pennittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States or the state of Forth Carolina. No claim shall be trade against the United States or the state of North Carolina on acc., uch removal or alteration. DCM WILMING'I'ON, ,uc: National Audubon Society Permit No. 25-19 Page 3 of 3 ADDITIONAL CONDITIONS 14) The permittee andlor his or her contractor shall meet with a representative of the Division prior to project initiation. 15) This permit does not grant any property rights or exclusive privileges. 1 6) The 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. d% 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 at or adjacent to the project site may require a. modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The pennittee is further advised that. many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2019-0044, which was issued 2/19/19, N The U.S, Army Corps of Engineers assigned the proposed project COE Action Id. No, SAW- 2017-02284. NOTE: An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. FEB 27 2 021, .ACM WILMING-1 of\,., ►v(- ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director National Audubon Society c/o Lindsay Addison 807 East Main Street Suite 2-220 Durham, NC 27701 Dear Ms. Addison; GS IN 04. NORTH CAROLINA Environmen tat Quality August 25, 2020 This correspondence is with reference to the request you submitted to modify State Permit No. 25-19, which was originally issued to the National Audubon on August 30, 2019 for the construction of offshore sills and oyster reefs within the Lower Cape Fear River Smith Island complex. State Permit No. 25-19 is due to expire on December 31, 2022. The action proposed in your submittal consists of a change in construction methodology for the oyster reef base layers. The use of plastic mesh oyster bags is being proposed in place of the burlap woven bags to prevent deterioration of the reef base layer. The plastic mesh bags would be filled with granite ballast stone rather than crushed stone and would be utilized for the perimeter of each reef within the authorized footprint. The interior of the reefs would consist of 3' -6n of authorized #4 crushed stone covered in loose oyster shell. No change in footprint for the previously authorized oyster reefs is proposed with this request. Upon review of the information provided, the Division of Coastal Management has determined that the proposed action continues to be consistent with existing State rules and regulations and is in keeping with the original purpose and intent of the permit, I hereby submit this Letter of Refinement authorizing the modification of State Permit #25-19, as described in your request dated August 12, 2020 and drawing dated received August 12, 2020, By copy of this letter we are notifying the US Army Corps of Engineers and the Division of Water Resources of our action. Please note this refinement does not alleviate the need to obtain any other local, state or federal permits. Sincerely, Tara MacPherson District Manager Enclosures cc. Wilmington Files USACE Robb Mairs, DWR �D--.. E J lhV3rTpcitot EnJ��.^.�eeWl QUYNY North Carolina Deparunent of Environmental Quality . Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension i Wilmington, North Carolina 28405 910.796.7215 STAi ,, ROY COOPER NORTH CAROLINA Govermw Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAMS Director November 19, 2020 National Audubon Society c!o Lindsay Addison 807 East Main Street Suite 2-220 Durham, NC 27701 Dear Ms. Addison: This correspondence is with reference to the request you submitted to modify State Permit No, 25-19, which was originally issued to the National Audubon on August 30, 2019 for the construction of offshore sills and oyster reefs within the Lower Cape Fear River Smith Island complex. This permit was modified on August 25, 2020 for a change in construction methodology for the oyster reef base layers. State Permit No. 25-19 is due to expire on December 31, 2022. The action proposed in your submittal consists of the addition of loose oyster shell to 22 existing shell rakes adjacent to Shell bed Island and Striking Island. According to the proposal, the addition of loose shell is for increase rake elevation and width with a maximum of 1 ft. above Mean High Water (MHW) (see Figures 1-8 and Table 1), The use of loose oyster shell would mimic natural shell deposition providing habitat enhancement and marsh protection (see Narrative). No coastal wetlands would be impacted for this project. No change in footprint for the previously authorized oyster reefs is proposed with this request. Upon review of the information provided, the Division of Coastal Management has determined that the proposed action continues to be consistent with existing State rules and regulations and is in keeping with the original purpose and intent of the permit l hereby submit this Letter of Refinement authorizing the modification of State Permit #25-19, as described in your request dated October 30, 2020 and figures dated received October 20, 2020, By copy of this fetter we are notifying the US Army Corps of Engineers and the Division of Water Resources of our action. please note this refinement does not alleviate the need to obtain any other local, state or federal permits. Sincerely, Tara MacPherson District Manager Enclosures R CEi\1 r f t,MWILMIN cc. Wilmington Files USAGE Robb Mairs, DWR Maria Dunn, NC WRC NC DMF, Kimberly Harding Q2� De91/6n.nl of (M4vl�nlri pIYR North Carolina Department of Environmental Quality I DIvlsion of Coastal Management W hIngton office I IP cardinal Drive Extenslou I Wilmington, North Carolina 28405 910.796.7215 ft • N V m OD Y ri 0 o r-! i ® 4-J V) C-0 J 0 O_ 2 L t) U C 4" U O ( o V $r QJ District: NC Division of Coastal Management CAMA Major Permit Renewal Request Major Permit Staff: Cameron Applicant Name:fiu�AriAlafinO Request Date: �J Last First C Received in Dflice: Proj ect Address: Street.fddress City ZIP ode CAltiIA Permit �� No. Agent's Name: Permit Expiration Date:1CX� Payment .$ f 0 O. 00 W L133 NO District Ntanager.Tield Rep Approve'? (Initial Appropriate Box) ❑ Other i i+ DWR Project 0.0 f h Has substantial YES N0 If Yes, development occurred? ❑ X Explain: YES Recommend to Renew'? x If vot Approved, provide Justification: N0 El USACE Action ID No.: � 0 StaSiartaturc: Date: Staff • Noah Caroihut Lkpartrnent Fn+rfrorunentaf �a�ty j D#viston of Caasta# Marogemwt- Wasidn9tart 0ffi e f 443 Wasf*Von Square Mall ( ==North Ca Ina 27884 ; MZ946.Wl �N*" ttgbnr 0ffiM I WC d VrtV e l l h faao8na 284#)5 l 91alftm Cft 1400 Cormne m Ave" I M"ehead Otx NorthCamtfia 28SW 1252ACA2W& ;'Audubon NORTH CAROLINA February 23, 2023 Coast Islands and Sanctuaries c/o Lindsay Addison 4105 Glen Arbor Dr. Wilmington, NC 28411 Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 127 Cardinal Drive Ext Wilmington, NC 28405 Dear Tara, I am writing to request an early renewal of CAMA permit 25-19 (attached) for construction of oyster reefs on the Lower Cape Fear River and loose shell placement on nearby shell rakes (linear oyster shell deposits on estuarine islands). This permit was initially used in the fall of 2020, when one of the four oyster reefs was constructed (Shellbed island Site B in the original maps, or simply the northernmost reef). Prior to work starting, we modified the permit to change the base layer design. That change has worked well at the initial reef, with the base layer remaining contained under the bagged oyster shell, In 2020, we requested and received another permit modification to enhance nesting habitat on nearby shell rakes. The placement is restricted to areas where shell rakes existed, but are degraded and lack a nearby natural source of shell due to the loss of oyster reefs in the Cape Fear River. This component of the project has not been implemented yet, but we expect to receive funding for it this spring, with the target placement timeframe being fall 2023 or winter 2023/2034. am making this renewal request late to a mistake on my part, and I apologize for being tardy. Thank you for your time, Lindsay Addison coastal biologist laddison@audubon.org / (239) 784-2251 enclosed: $100 application fee CAMA permit 25-1.9 FEB 2 7 2023 ®CM WILMINGl"01r1, NG August 25, 2020 and November 19, 2020 modification authorizations Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 'Perm tr 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 Permit Number 25-19 Issued to National Audubon Society c/o Curtis Smalling, 807 E. Main St. Suite 2-220, ]Durham, NC 27701 Authorizing development in Brunswick County at Lower Cape Fear Rive, Shellbed & Striking__ Islands , as requested in the permittee's application dated 11/14/18 (MP-1, MPA), 11/6/18 (MP-2), inc, attached dwgs. (15), Sheet I of 15 dtd. 10/25/18, Sheets 2-5 of 15 dtd. 12/3/19, and Sheets 6-15 of 15 dtd. 12/4/18. This permit, issued on April 30, 2019 , 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. Offshore Sill/Oyster Reefs 1) Unless specifically altered herein, this permit authorizes the offshore sills and oysters shell fill that are depicted on the attached workplan drawings. 2) The alignments of the approved offshore sills/oyster reefs shall adhere to the alignments depicted on the attached workplan drawings, including the location and design of the openings designed to allow for movement of aquatic organisms. 3) The ends of each of the offshore sills shall be marked with a yellow reflector extending at least three feet above normal high water level. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. 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, 2022 �� dr afZ-Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee National Audubon Society Permit No. 25-1.9 Page 2of3 ADDMONAL CONDITIONS 4) The permittee shall notify the Division of Marine Fisheries Shellfish Sanitation Section immediately upon completion of the authorized offshore sills so that closed shellfish harvesting signs can be posted and modified patrol plans can be developed by the NC Marine Patrol. NOTE: To establish these areas as research sanctuaries, please contact the Division of Marine Fisheries at (252) 808-8050. 5) No open water areas shall be filled outside the alignments depicted on the attached workplan drawings. 6) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials from any portion of disturbed staging areas do not enter adjacent wetlands, watercourses and property. 7) Any staging areas shall be inspected and approved by a representative of the Division of Coastal Management prior to the initiation of any work under this permit 8) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 9) In order to further protect the endangered West Indian Manatee, Vrichechus manatus, the applicant must implement the U,S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.vovliie-e.s/niaiiu-nat/niaiiatee. guidelines.pdf. Monitoring 10) Unless specifically altered herein, the monitoring and reporting requirements listed in the Environmental Assessment dated November 2018 shall be implemented. 11) The permittee shall provide a copy of the monitoring report to the Division of Coastal management within 90 days of completion of the initial report and the three (3) subsequent annual reports. An as -built survey shall be performed on the sills, and copies of the survey provided to the Division of Coastal Management, within 90 days of completion of construction. General 12) No attempt shall be made by the permittee to prevent the free and full use by the public of all navigable waters adjacent to the authorized work. 13) The persnittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U,S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on acct�uch removal or alteration. UCM WIt.MING'MN, i'�(' National Audubon Society Permit No. 25-19 Page 3 of 3 ADDITIONAL, CONDITIONS 14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 15) This permit does not grant any property rights or exclusive privileges. 1 6) The 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 at or adjacent to the project site may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that. many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2019-0044, which was issued 2/19/19, NOTL The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No, SAW- 2017-02284, NOTE: An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. FEB 27 ? p" D C M W 11- PU1 I N G -l"() jai , ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director �� �TA7E ci'j' nn ` Oit Or Jtor/f NORTH CAROLINA Environmental Quality August 25, 2020 National Audubon Society c/o Lindsay Addison 807 East Main Street Suite 2-220 Durham, NC 27701 Dear Ms. Addison; This correspondence is with reference to the request you submitted to modify State Permit No. 25-19, which was originally issued to the National Audubon on August 30, 2019 for the construction of offshore sills and oyster reefs within the Lower Cape Fear River Smith Island complex. State Permit No. 25-19 is due to expire on December 31, 2022. The action proposed in your submittal consists of a change in construction methodology for the oyster reef base layers. The use of plastic mesh oyster bags is being proposed in place of the burlap woven bags to prevent deterioration of the reef base layer. The plastic mesh bags would be filled with granite ballast stone rather than crushed stone and would be utilized for the perimeter of each reef within the authorized footprint. The interior of the reefs would consist of 3' -6n of authorized #4 crushed stone covered in loose oyster shell. No change in footprint for the previously authorized oyster reefs is proposed with this request. Upon review of the information provided, the Division of Coastal Management has determined that the proposed action continues to be consistent with existing State rules and regulations and is in keeping with the original purpose and intent of the permit, I hereby submit this Letter of Refinement authorizing the modification of State Permit #25-19, as described in your request dated August 12, 2020 and drawing dated received August 12, 2020, By copy of this letter we are notifying the US Army Corps of Engineers and the Division of Water Resources of our action. Please note this refinement does not alleviate the need to obtain any other local, state or federal permits. Sincerely, Tara MacPherson District Manager Enclosures cc. Wilmington Files USAGE ixYu��ts �tcr En%K�n�eiuet UuBN� Robb Mairs, DWR North Carolina Department of Dwironmental Quality Division of Coastal Management Wllmingron Office 1 127 Cardinal Drive Extension i Wilmington, North Carolina? 3405 910.796.71.15 f .l3 �j '�02"�I )GM WILMIN G ON ROY COOPER NORTH CAROL.INA Governor Environmental Quality MIC:HAEL S. REGAN Secretary BRAXTON C. DAVIS Director November 19, 2020 National Audubon Society c/o Lindsay Addison 807 East Main Street Suite 2-220 Durham, NC 27701 Dear Ms. Addison: This correspondence is with reference to the request you submitted to modify State Permit No, 25-19, which was originally issued to the National Audubon on August 30, 2019 for the construction of offshore sills and oyster reefs within the Lower Cape Fear River Smith Island complex. This permit was modified on August 25, 2020 for a change in construction methodology for the oyster reef base layers. State Permit No. 25-19 is due to expire on December 31, 2022. The action proposed in your submittal consists of the addition of loose oyster shell to 22 existing shell rakes adjacent to Shell bed Island and Striking Island. According to the proposal, the addition of loose shell is for increase rake elevation and width with a maximum of 1 ft. above Mean High Water (MHW) (see Figures 1-8 and Table 1). The use of loose oyster shell would mimic natural shell deposition providing habitat enhancement and marsh protection (see Narrative). No coastal wetlands would be impacted for this project. No change in footprint for the previously authorized oyster reefs is proposed with this request. Upon review of the information provided, the Division of Coastal Management has determined that the proposed action continues to be consistent with existing State rules and regulations and is in keeping with the original purpose and intent of the permit, I hereby submit this Letter of Refinement authorizing the modification of State Permit #25-19, as described in your request dated October 30, 2020 and figures dated received October 20, 2020. By copy of this letter we are notifying the US Army Corps of Engineers and the Division of Water Resources of our action. please note this refinement does not alleviate the need to obtain any other local, state or federal permits. Sincerely, T�� Tara MacPherson District Manager Enclosures T-1E f M WILlMIN17"1" 0N. 1� = cc: Wilmington Piles USACE Robb Mairs, DWR Maria Dunn, NC WRC NC DMF, Kimberly Harding D E WprBWnt at Ynv4vl+aWrlri WatER� North Carolina Department of Environmental Quality I 171vlslon of Coastal Mariayernent Wilmington Office { 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 Q10.796.7215 ' U V L- ca 00 Y H O IOU v � 3 t M cu V W V 4 4 � z C ® M U Q, O J Q CL N C N cc