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HomeMy WebLinkAboutNCDOT 78-22 Minor Mod NC 24 White Oak River (2) ueeeee000eo. ,q, Permit Class Permit Number MODIFICATION/MINOR 78-22 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ' ; crinit 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 NCDOT,Division 3, 5501 Barbados Boulevard, Castle Hayne,NC 28429-5647 Authorizing development in Onslow County at White Oak River, NC 24 causeway between Swanshoro and Cedar Point , as requested in the permittee's application dated 5/26/23, including the attached workplan drawing (1) dated 6/8/23. This permit, issued on June 13.2023 , 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) Unless specifically altered herein,this Minor Modification authorizes the following changes to the type, design and layout of the previously authorized oyster structures: install interlocked "table-top" style oyster structures in lieu of the previously authorized "cantilevered" style oyster structures; eliminate oyster structures OR1, OR2, OR3, OR4, and portions of OR5 and OR9; add oyster structures ORA and ORB; increase the width of all oyster structures to 12'; and shorten oyster structures OR5 and OR9 to 40' and 45' in length respectively, all as depicted on the attached workplan drawings and/or described in the permit modification request. 2) Placement of the oyster structures shall be limited to the areas as indicated on the attached workplan drawings. The structures shall be made of materials that are of a size, strength and/or durability sufficient to prevent movement from the approved alignment by wave or current action. If any portion of the structures becomes dislodged from the approved alignment at any point in the future, the permittee shall immediately contact DCM to determine the appropriate course of action. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the Chair other qualified persons within twenty (20) days of the issuing of the Coastal Resources Commission. date. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. e//://#44.°4444 Any maintenance work or project modification not covered hereunder requires further Division approval. Braxton C. Davis, Director Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. No expiration date, pursuant to GS 136-44.7B 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 N.C. Department of Transportation Permit#78-22 Page 2 of 2 ADDITIONAL CONDITIONS NOTE: The authorized activities shall result in an overall decrease of approximately 0.01 acre of permanent impacts to surface waters. 3) The outer limit of the authorized oyster structures shall be marked at 50-foot intervals with yellow reflectors extending at least three feet above normal high water. The reflectors shall be maintained for the life of the structure. 4) An as-built report for Coastal Wetland planting areas and for structures in wetlands and waters of the State shall be submitted to DCM within 90 days after their construction is complete. General 5) If it is determined that additional permanent and/or temporary impacts are necessary that are not shown on the attached workplan drawings or described in the authorized permit application, a permit modification and/or additional authorization from DCM and/or USACE shall be required. In addition, any changes in the approved plan may also require a permit modification and/or additional authorization from DCM and/or USACE. The permittee shall contact representatives of DCM and USACE prior to commencement of any such activity for this determination and any permit modification. 6) This Minor Modification does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. 7) This Minor Modification shall be attached to the original of Permit No. 78-22, which was issued on 7/22/22, as well as all subsequent modifications and letters of refinement, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 8) All conditions and stipulations of the active permit remain in force under this Minor Modification unless altered herein. NOTE: A minor modification application processing fee of$100 was received by DCM for this project. , o e o-r-+'°'°°'°'°'°'°`°'°'°a• ysea.spr aeaspp,p..sase.sm.--e v-.-_- �„STAiEm . ); STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J.ERIC BOYETTE GOVERNOR SECRETARY May 26,2023 Mr. Stephen Lane Coastal Management Representative, Transportation Projects Division of Coastal Management 400 Commerce Ave. Morehead City,NC 28557 Subject:Modification request for alternate layout of the oyster structures. CAMA Major Permit No. 78-22,TIP No. M-0540A NC 24 Resiliency and Living Shoreline Project. WBS No.49083.3.1 Reference:Action ID No. SAW-2020-00406,NCDWR Project No.20210539 Dear Mr. Lane, The N.C. Department of Transportation,Division 3, is requesting a modification to the above referenced permit for proposed changes to the type and layout of the oyster structures. The proposed changes are being requested due to the depth of the water on the west end and far east end of the project(approximately -2.5'to-3.5'). The attached plan modification sheet summarizes the requested changes. The changes include: • "Table-top"style oyster structures will be used in lieu of the"cantilevered"style oyster structures which were depicted in the original permit drawings. The "table- top"oyster structures will be interlocked,as shown and called-out in the attached specification sheet. • The oyster structure area enumerated in the wetland and surface water impacts summary table will be decreased from 0.10 acre to 0.09 acre(see attached revised wetland and surface water impacts summary table sheet). • Oyster structures OR1,OR2, OR3,OR4, and a portion of oyster structures OR5 and OR9 will be not be installed due to the water depth at the west end and the far east end of the project. Oyster structures OR5,OR6, OR7,OR8, and OR9 will have an increased width to 12'wide(the length of these structures is the same as originally proposed for OR6,OR7,and OR8,but shortened to 40'and 45'respectively for Mailing Address: Telephone:910-341-2000 Location: NC DEPARTMENT OF TRANSPORTATION Fax:910-675-0143 5501 BARBADOS BOULEVARD DIVISION OF HIGHWAYS Customer Service: 1-877-368-4968 CASTLE HAYNE,NC 28429-5647 5501 BARBADOS BOULEVARD CASTLE HAYNE,NC 28429-5647 Website:ncdot.gov 1 a , OR5 and OR9). Oyster structures OR-A and OR-B (which were not originally depicted in the permit drawings)will be added landward of two closure sills. They will each be 12'wide by 75' long. No additional surface water impacts for OR-A and OR-B is needed as they will be placed within an area which is already permanently impacted and accounted for as fill. The Department of Transportation acknowledges that the WBS element noted in the subject line can be debited for fees for this modification. Please let me know if any additional information is needed in support of this request. Sincerely, Anneliese Westphal NCDOT Division 3 Environmental Senior Specialist (910)341-2037 awestphal@ncdot.gov Attachments ec: Jon Giles,NCDOT Hannah Sprinkle,NCDEQ,DWR Tom Steffens, USACE Mailing Address: Telephone:910-341-2000 Location: NC DEPARTMENT OF TRANSPORTATION Fax:910-675-0143 5501 BARBADOS BOULEVARD DIVISION OF HIGHWAYS Customer Service: 1-877-368-4968 CASTLE HAYNE,NC 28429-5647 5501 BARBADOS BOULEVARD CASTLE HAYNE,NC 28429-5647 Website:ncdot.gov 2 Oyster CatcherTM Tables for oyster habitat creation and living shorelines The Oyster Catcher"M Table is a proprietary, patent-pending oys er reef _. construction element produced by Sandbar Oyster Company Oyster Catcherr' is a composite of two materials: jute cloth (the structural element) hardened with cements. Our ability to shape the cloth after soaking in a cement slurry allows production of a wide variety of Oyster CatcherTM shapes. Our Tables (-2 ft in L, W, and H) offer exceptional reef design versatility. Table tops can be fully closed or open, the latter allowing legs of one Table to pass through the tops of Tables beneath, thereby I interlocking them for enhanced stability. The initial open space of Table reef frameworks rapidly infills as ;- oysters grow and fuse together on and among Tables. The surfaces of Oyster Catcher" elements are deeply textured making N., them highly attractive to oyster larvae and protective for young oysters. The rough surface of Table legs acts to lock Tables in place once the legs are partially sunk into bottom sediments. Tables weight "30 pounds each and are easily installed by hand. R For transport over land and water, Tables can be stacked in a spiral , fashion (typically 10 high) for cost-efficient delivery to work sites. x � The next page provides views of different configurations of Oyster CatcherTM Table reefs. 5117 Webb Street Morehead City, North Carolina 28557 Dr. Niels Lindquist, CEO SANDBA Niels @SandbarOysterCompany.com (252) 732-4516 OYSTER COMPANY I Shellfishly Motivated- !' y.''T �,LAiii.. �i�•r.r ° Ti1nrw.. w1^ • - s;•1r.^►E ye • NW ��f. .�11��t ��:���� Cwi441 s. i k 5, Figure 1. Single (left, center) and stacked (right) Table arrangements. \. 1 _ `� • Sir ft•. y�■�" � h1' ` . Ii •� ' 4It _of r a. 'Ilk- p rs 0% - t-t r 1,11,10 • ,... 1. ? . 444, 0* t.' ‘ilkit\ow 1 .,. Altillinat‘. • Figure 2. Side-by-side riteereeNerrrtmgetirilvits7n _ ,{4•R., ,fi•- j al. Interlocked-Provides increased .4" 1. - t �. •' . height and stability. .w'�� � ,�+Woe•+ _. ./.u- Figure 3. Interlocked Ta. = - - . : - - '.7 l - * A I. �.7 z 4 y� 'a yam• ll , ..... , i�r'. art, r , �. . .A. k�. 1 ' F� , t .w 1101u. , A u Figure 4. Volunteers constructing Table reefs - Topsail Beach, NC. p • - �44 silo �,� bra"` a ;a ^ *, 1. ,. W,/ ;Arm' Ft.f�. .�'' - - •�, w its ..r... _,.■....c .�" ,V...5 ,.@s.r ' Figure 5. Staged materials and newly installed reef- Surf City, NC • cr Cr I PROJECT REFERENCE NO. SHEET NO. NOTES• S C Jt\ M-0540A 4-FR n 1.PROPOSED OYSTER STRUCTURES AND BEDS TO BE HAND PLACED WITHOUT THE USE OF HEAVY SWCA MACHINERY TO MINIMIZE IMPACTS TO THE EXISTING ENVIRONMENT. LEGEND r„�.o„NEN„4T„o»hr-„o PROJECT ENGINEER 2.ACCESS FOR CONSTRUCTION TO UTILIZE A TEMPORARY TRESTLE BRIDGE IN AN EFFORT TO MINIMIZE SWCA Environmental Consu%ansry 8 Engineenny Inc IMPACTS TO THE EXISTING ENVIRONMENT. I PROPOSED SILL NIIIIr ch oNCC2213 Snyder Rd Suite 436 ,O�t•N•CARp��N,' 3.DO NOT DISTURB EXISTING UTILITEA gg i•,•:>•>:; PROPOSED OYSTER STRUCTURE (P)919 ;?;:-ocEss%,'.->�4.SEE SHEET L-1 FOR LANDSCAPE PLAN. ,w,,,, com , /0. V PROPOSED RIPRAP 4 - 0/R7 61 I - Elr.lronnd(v causeway 7 water PROPOSED GEOTEXTILE OVERALL SITE PLAN '',•fi'• C1 ' DATE 1 2 ft �,rOAu nnt'``v I-. -i EXISTING MARSH DOCUMENT NOT CONSIDERED FINAL lik°417, ^'MWL Revised Layout DGW 6-8-23 UNLESS ALL SIGNATURES COMPLETED IOWSHEET 4-FR(Showing Field Revision) ' , " I ^24in ' I ♦--NLW sand bed t i I n _ ._ _____ • _ _ Alternate Oyster Structure- Approved by NCDOT and Oyster Catcher"' SWCA on 5/15/23 I Table 1 okti 1 - 450 LF SIDEWALK AND C&G REPLA\CEMENT Scale:t'=40' 845'LIVING SILL AS NECESSARY-END POINT \ \ (SEE DETAIL 2 ON SHEET 2C) CONSTRUCTED TOP OF SILL ELEV.=2.67' OYSTER STRUCTURE(TYP.) \ FINAL TOP OF SILL ELEV.=2.17' (SEE DETAIL 2 ON SHEET 2C) SILL WINDOWS AT 100'INTERVALS TEMPORARY CONSTRUCTION / ACCESS CORRIDOR \ / ROCK SILLS SHALL BE CONSTRUCTED MATCHLINE-STA 21+75 (SEE SHEET 7) 6 INCHES TALLER THAN PROPOSED SEE SHEETS 5-6 \ / DESIGN T Ar INT FnR FUTURE WINDOW MEETS LIVING SETTLEM� cnf Delete Oyster \ SILL AT ELEV.-0.93' / Structures due to Delete this halt of Increase width to 12'wide to G CASTLE HAYNE water depth. ORS,due to water increase area of oyster ALL BE SUPPLEMENTED depth structure-Interlocked (SEE DETAIL 1 ON SHEET 2C) \ TONS F WELL-GRADED I NW° CLASS 1 IPRAP ALONG PROPOSED 3:1 E ANKMENT SLOPE TO MEET PR.GRAD CREATION OF TIDAL MARSH. - - +76 75 MARINE SAND FILL MATERIAL -\ -- - - _ 108.N +14 54 TO BE HAULED IN FROM OFFSITE. +,, _ 100.16 118.$uR r - - PROP.MALW LINE +fi799 \ CLOSURE SILL vV �� �� O 5 (' .6• 93) � � 107.83 R8 TOP OF SILL ELEV.=2.1 T +51 51 �i s» » tiri (SEE DETAIL 3 ON SHEET 2C) 100.57 -, ;• ,--. :>3•h.r:xxt:••ri,,,,,, q;i11,;;: 1 :45;;;:-:: +54 66 - , - . A 1111111. 11 - M /y - - 7 EtSTINc P/w 5/ `�� - S�1 t►VS ,ii��:.-o C ——isimilimm --� - - - --. — _ <• Delete this half of 52.09 :� _-> --_ —i• ��— - �` _ OR9 a to water to - I -= _ -_ _ .al__ ___ _ — �� — // — _ - depthd c _, DAMAGED SI N EWALK DAMAGED SIDEWALK 225 LF EX.GUARDRAIL T B TO BE REPLACED I I \ m REMOVED&REPJI� FD jS EDED •BE REP • ED18+00 19+00 20+00 2'-00 22+00 23+00 .+DO 25+00 26+00 _ ; 450 LF SIDEWALK A D C8 REPLACEMENT PROP.MAHW LINE I i/ AS NECESSARY-ST•-T•OINT (ELEV 1.17) (ELEV 2.17)W+1.0 LINE II1 f / PROP.MAH o ) T---- r -.--r-z I 11 c 1 « Oyster Structures-2 m EMT*R/w --- \�-- Locations-12'x75' r -- --- \1 -interlocked EXIST s:I --_-- u ,\'' PROPOSED SHOULDER SHALL BE 1 z I REINFORCED Wi 900 SY OF 3D aGEOTEXTILE 8 KEYED-IN UNDER m r CASTLE HAYNE LIMESTONE OR V s z PROPOSED RIPRAP (SEE DETAIL 4 ON SHEET 2C) ru E 0 0°0 Y IO, 0 Cc LJD u a N Submitted 4/11 /2022 WETLAND AND SURACE WATER IMPACTS SUMMARY WETLAND IMPACTS SURFACE WATER IMPACTS Hand Existing Existing Permanent Temp. Excavation Mechanized Clearing Permanent Temp. Channel Channel Natural Site Station Structure Fill In Fill In in Clearing in SW SW Impacts Impacts Stream No. (From/To) Size/Type Wetlands Wetlands Wetlands in Wetlands Wetlands impacts impacts Permanent Temp. Design (ac) (ac) (ac) (ac) (ac) (ac) (ac) (ft) (ft) (ft) 3 Rock Sill 0.37 Oyster Structure 0.09 Fill 0.22 0.48 TOTALS*: 0.22 0.00 0.00 0.00 0.00 0.94 0.00 0 0 0 *Rounded totals are sum of actual impacts NOTES: NC DEPARTMENT OF TRANSPORTATION 1. OYSTER STRUCTURES TO BE HAND PLACED WITHOUT THE USE OF HEAVY MACHINERY TO MINIMIZE IMPACTS TO THE EXISTING DIVISION OF HIGHWAYS ENVIRONMENT. 4/27/2021 2. ALL PROPOSED STABILIZATION WORK ON EMBANKMENT TO BE COMPLETED FROM THE NC-24 RIGHT-OF-WAY TO MINIMIZE Revised 5/26/2023 IMPACTS TO THE EXISTING ENVIRONMENT. 3.ACCESS FOR CONSTRUCTION OF THE PROPOSED LIVING SILL AND TIDAL LOW MARSH TO UTILIZE A TEMPORARY TRESTLE BRIDGE CARTERET/ONSLOW IN AN EFFORT TO MINIMIZE IMPACTS TO THE EXISTING ENVIRONMENT. M-0540A 4. 5/26/2023: PERMANENT SW IMPACTS FOR OYSTER STRUCTURE REVISED FROM 0.10 TO 0.09 (3900 SQUARE FEET) DUE TO CHANGES WBS 49083.3.1 IN THE OYSTER STRUCTURE LAYOUT. SHEET 18 OF 18 Revised 2018 Feb fi:: . 'N ROY COOPER i S` Governor c� ELIZABETH S.BISER �.,,,;: , set Secretary BRAXTON DAVIS NORTH CAROLINA Director- Environmental Quality June 13,2023 N.C. Department of Transportation Highway Division Three 5501 Barbados Boulevard Castle Hayne,NC 28429-5647 Dear Sir/Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act,and where applicable,the State Dredge and Fill Law,for you to proceed with your project proposal.The original(buff-colored form)is retained by you and it must be available on site when the project is inspected for compliance.Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings,6714 Mail Service Center,Raleigh,NC 27611-6714, (919)733-2698 within twenty(20)days of this decision on your permit.You should also be aware that another qualified 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 form. Otherwise,all work must be carried out in accordance with your application.Modifications,time extensions,and future maintenance requires additional approval.Please read your permit carefully prior to starting work and review all project plans,as approved.If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. However,if questions arise concerning permit conditions,environmental safeguards,or problem areas,you may contact Department personnel at any time for assistance. By working in accordance with the permit,you will be helping to protect our vitally important coastal resources. Sincerely, /1/ 47 Gregg Bodnar Major Permits Manager N.C.Division of Coastal Management Enclosure Q North Carolina maity I •;1�/� Morehead City OfficeDepart 400ent CommerceofEnvironmental Avenue Quality lMooreheadDivision City, of NorthCoastal CarolinaManagement 28557 NORTH CAROU E !, o.o.m.aa Environmentalou.u� /`� 252.808.2808 Brittingham, Cathy From: Brittingham, Cathy Sent: Tuesday,June 13, 2023 5:03 PM To: Westphal, Anneliese Cc: Lane, Stephen;Tom Steffens; Sprinkle, Hannah H; Harrison, James A;Wilson, Travis W.; Haines, Andrew; Cannon, Amanda J; Dilday, Jason L Subject: Minor Modification, CAMA Major Permit 78-22, NC 24 Resiliency and Living Shoreline Project, Onslow County Attachments: NC 24 Causeway, Living shoreline and offshore sill, 78-22 minor modification June 2023.pdf Hello, Please find attached a Minor Modification of CAMA Major Permit 78-22 for the NC 24 Resiliency and Living Shoreline Project authorizing the following changes to the type, design and layout of the previously authorized oyster structures: install interlocked"table-top" style oyster structures in lieu of the previously authorized "cantilevered" style oyster structures; eliminate oyster structures OR1, OR2, OR3, OR4, and portions of OR5 and OR9; add oyster structures ORA and ORB; increase the width of all oyster structures to 12'; and shorten oyster structures OR5 and OR9 to 40' and 45' in length respectively. A paper copy will be sent to NCDOT in Castle Hayne. Please let me or Stephen Lane know if you have any questions or concerns. Sincerely, Cathy Brittingham Cathy Brittingham,Transportation Project Coordinator N.C. Division of Coastal Management (919)707-9149 phone Please note my new email address: cathy.brittingham@deq.nc.gov Mailing Address: Physical Address: 1617 Mail Service Center 512 North Salisbury Street Raleigh,NC 27699-1617 Archdale Building 12th Floor, Room 1204G Raleigh,NC 27604 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? 1 Brittingham, Cathy From: Lane, Stephen Sent: Wednesday, May 31, 2023 10:36 AM To: Brittingham, Cathy Subject: FW: M-0540A Request for permit modification (CAMA Major Development Permit No.78-22) Attachments: M-0540A_Mod_Request_Letter_20230526.pdf; Oyster Sructure Arrangement - Revised Layout 5-26-23_rev2_dgw.pdf;Wetland Impact Summary Table M-0540_revised 20230526.pdf; Sandbar Oyster Catcher Table spec sheet 20230326.pdf Hi Cathy, Here is the modification request for the NC 24 project that I mentioned to you. I am out in the field today but please give me a call on my cell phone when you get a chance to discuss. Thanks, Stephen From: Westphal,Anneliese<awestphal@ncdot.gov> Sent: Friday, May 26, 2023 3:44 PM To: Lane, Stephen<stephen.lane@deq.nc.gov> Cc:Sprinkle, Hannah H <hannah.sprinkle@deq.nc.gov>; Steffens,Thomas A CIV USARMY CESAW(USA) <Thomas.A.Steffens@usace.army.mil>; Giles,Jon W<jwgilesl@ncdot.gov> Subject: M-0540A Request for permit modification (CAMA Major Development Permit No.78-22) Stephen, Please find attached a letter of request to modify the subject permit for the M-0540A project along NC 24 in Onslow County. Also find attached a revised oyster structure layout plan sheet, a revised wetland impacts summary table, and a Sandbar oyster specification sheet which shows the type of oyster structure that will be used. Please let me know if I can provide any additional information. Thank you, Anneliese Anneliese Westphal Environmental Senior Specialist Division 3 NCDOT- Division of Highways 910 341 2000 office 910 604 1330 mobile 910 675 0143 fax awestphal(cr�ncdot.goy 5501 Barbados Blvd Castle Hayne, NC 28429-5647 1 ROY COOPER ,z� p11�, ' \ j f Governor ELIZABETH S.BISER '' 'a'' 7,_ _ Secretary $�w.w BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality MEMORANDUM TO: Gregg Bodnar FROM: Stephen Lane SUBJECT: Comments&Recommendations—Minor Mod. for CAMA Permit No. 78-22 NCDOT NC 24 Living Shoreline Project, (TIP No. M-0540A) Onslow County DATE: June 12, 2023 The following are my comments and recommendations regarding the permit modification request referenced herein. The request is for authorization to modify the type and layout design of the currently authorized oyster structures. The currently authorized oyster structures utilize a cantilevered design, while the proposed structures would utilize a table-top style design. The revised design would eliminate oyster structures OR1 through OR4 and eliminate portions of OR5 and OR9 due to current water depths. To offset the eliminated oyster structures, oyster structures ORA and ORB would be added landward of the rock sills, while OR5 through OR9 would be increased in width to 12'. Based upon my review I have no objection to the issuance of this permit modification but offer the following conditions: 1 Unless specifically altered herein, this Minor Modification authorizes the following: modification of the authorized oyster structure design to eliminate oyster structures OR1, OR2, OR3, OR4, and portions of OR5 and OR9. The revised oyster structure design includes the audition of oyster structures ORA and ORB landward of the authorized rock sills and increases the authorized width of all oyster structures to 12', while oyster structures OR5 and OR9 are shortened to 40' and 45' in length respectively,all as depicted on the attached workplan drawings or described in the permit modification request. 2 Placement of the oyster structures shall be limited to the areas as indicated on the attached workplan drawings. The structures shall be made of materials that are of a size, strength and/or durability sufficient to prevent movement from the approved alignment by wave or current action. If any portion of the structures becomes dislodged from the approved alignment at any point in the future,the permittee shall immediately contact DCM to determine the appropriate course of action. T North Carolina Department of Environmental Quality Division of Coastal Management [[�////������ wfJy� Morehead City Office 400 Commerce Avenue Moorehead City.North Carolina 28557 o�ee.ila fawkarentel ad\ /`� 252.808.2808 3 The outer limit of the authorized oyster structures shall be marked at 50' intervals with yellow reflectors extending at least three feet above the normal high water. The reflectors shall be maintained for the life of the structure. 4 All conditions and stipulations of the active permit remain in force under this minor modification unless specifically altered herein. 5 This Minor Modification shall be attached to the original of Permit No. 78-22, which was issued on July 22, 2022 as well as all subsequent modifications and/or refinements, and copies of all documents must be readily available on site when a Division representative inspects the project for compliance. 6 This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. _E NorthMorehead CarolinaCity Of Defipartment 1400 of Commerce EnvironmentalAvenue Quality I DivisionooreheadCi oty.f CoastalNorth Management ce 28557 d. .wa+a- r 252.808.2808 ,"e.�StATE 4 ROY COOPER P. .. . t-:._ "� Governor , ELIZABETH S.BISER ��J �Ann,A ✓� Secretary ,,44 QUAM s,kr BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality MEMORANDUM DATE: June 9, 2023 FROM: Cathy Brittingham, DCM Transportation Project Coordinator SUBJECT: Request for Minor Modification of CAMA Major Permit 78-22 Applicant: N.C. Department of Transportation, Division One Project Location: NC 24 Resiliency and Living Shoreline Project, Carteret County Proposed Project: Change the type and layout of the oyster structures, reduce the size of coastal wetland planting areas. Please respond by e-mail and/or return this form to Cathy Brittingham by e-mail at cathy.brittingham@ncdenr.gov. If you have any questions regarding the proposed project, please contact Cathy Brittingham at cathy.brittingham@deq.nc.gov or Stephen Lane at stephen.lane@deq.nc.gov. When appropriate, in-depth comments with supporting data are requested. REPLY x 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 memo. PRINT NAME Hannah Sprinkle AGENCY Division of Water Resources SIGNATURE 9i/e T DATE 06/13/2023 The Division of Water Resources handled the change in impacts through an infield adjustment,all authorized activities and conditions associated with the original Water Quality Certification(WQC No.004907)dated June 22,2022 still apply. Q) NorthDWRWetlands Unit Carolina Department North of EnvironmentalSalisburyStreet Qual 1 ity1617 Mail I Division ofService Coastal Management Center I Raleigh,North Carolina 27699-1617 NORTH CAROLINA D_E °ijibi"d 6M1O_ .s. .. 919.707.9149 w7 y ROY COOPER ' Governor %.. , 0? ELIZABETH S.BISER 0 ; ,.,; sz:" Secretary •.,ex� ad BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality MEMORANDUM DATE: June 9,2023 FROM: Cathy Brittingham,DCM Transportation Project Coordinator SUBJECT: Request for Minor Modification of CAMA Major Permit 78-22 Applicant: N.C. Department of Transportation, Division One Project Location: NC 24 Resiliency and Living Shoreline Project, Carteret County Proposed Project: Change the type and layout of the oyster structures, reduce the size of coastal wetland planting areas. Please respond by e-mail and/or return this form to Cathy Brittingham by e-mail at cathy.brittingham@ncdenr.gov. If you have any questions regarding the proposed project,please contact Cathy Brittingham at cathy.brittingham@deq.nc.gov or Stephen Lane at stephen.lane@deq.nc.gov. When appropriate, in-depth comments with supporting data are 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 memo. PRINT NAME 'r.'o.. \) -t-%, AGENCY Q C' SIGNATURE ""7/. /7'1(."\---------- DATE 0 ;N-3 1)D North Carolina Department of Environmental Quality I Division of Coastal Manage mert Q DWR Wetlands Unit 1512 North Salisbury Street 1617 Mail Service Center Raleigh North Carolina 27699 1617 °q'b elf °iA�S 919.707.9149 - ,..StA7E 4 a ',T ROY COOPER - 'i' v/ Governor 4Q ELIZABETH S.BISER ''.%; j 4- Secretary �Wnni ' - BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality MEMORANDUM DATE: June 9, 2023 FROM: Cathy Brittingham,DCM Transportation Project Coordinator SUBJECT: Request for Minor Modification of CAMA Major Permit 78-22 Applicant: N.C. Department of Transportation, Division One Project Location: NC 24 Resiliency and Living Shoreline Project, Carteret County Proposed Project: Change the type and layout of the oyster structures, reduce the size of coastal wetland planting areas. Please respond by e-mail and/or return this form to Cathy Brittingham by e-mail at cathy.brittingham@ncdenr.gov. If you have any questions regarding the proposed project, please contact Cathy Brittingham at cathy.brittingham@deq.nc.gov or Stephen Lane at stephen.lane@deq.nc.gov. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. X This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached memo. PRINT NAME Andrew Haines AGENCY NC DMF Shellfish Sanitation and Recreational Water Quality Section SIGNATURE ciftyriNxt J Vkifor Shannon Jenkins DATE 6/9/2023 D E Q NorthDWRW Carolinaetlands Unit Depar1 512 tmentNorth of EnvironmentalSalisburyStreet Quality11617 Mail I DivisionService of CoastalCenter MI anageRaleighment ,North Carolina 27699-1617 NORTH CA701JNA 0.1.1."'EN•' "ram\ 919.707.9149 fc ` W ) ROY COOPER Governor ELIZABETH S. BISER -- 4 Secretary �4',ate. ,, BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality MEMORANDUM DATE: June 9, 2023 FROM: Cathy Brittingham,DCM Transportation Project Coordinator SUBJECT: Request for Minor Modification of CAMA Major Permit 78-22 Applicant: N.C. Department of Transportation, Division One Project Location: NC 24 Resiliency and Living Shoreline Project, Carteret County Proposed Project: Change the type and layout of the oyster structures, reduce the size of coastal wetland planting areas. Please respond by e-mail and/or return this form to Cathy Brittingham by e-mail at cathy.brittingham@ncdenr.gov. If you have any questions regarding the proposed project, please contact Cathy Brittingham at cathy.brittingham@deq.nc.gov or Stephen Lane at stephen.lane@deq.nc.gov. When appropriate, in-depth comments with supporting data are requested. REPLY X 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 memo. PRINT NAME James Harrison AGENCY N C D M F SIGNATURE 4 - '/ DATE 12 June 2023 'd/Jl �5 NorthDWRWetlands Unit Carolina Department ofNorth EnvironmentalSalisburyStreet Quality M 1 Division ail ofService CoastalCenter Management 1 Raleigh,North Carolina 27699-1617 NOW.M CAFOI I, bombard°f Environmental m\ �' 919.707.9149 Brittingham, Cathy From: Brittingham, Cathy Sent: Tuesday, June 13, 2023 4:40 PM To: SVC_DEQ.DCM_Accounting Cc: Lane, Stephen Subject: DOT permit fee debit memo, Minor Modification, Major Permit No. 78-22, NC 24 Living Shoreline Attachments: DOT PERMIT FEE BILLING REQUEST.doc Hello, Please see attached. Please let me or Stephen Lane know if you have any questions or concerns. Sincerely, Cathy Cathy Brittingham,Transportation Project Coordinator N.C. Division of Coastal Management (919)707-9149 phone Please note my new email address: cathy.brittingham@deq.nc.gov Mailing Address: Physical Address: 1617 Mail Service Center 512 North Salisbury Street Raleigh,NC 27699-1617 Archdale Building 12th Floor,Room 1204G Raleigh,NC 27604 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? 1 DOT PERMIT FEE BILLING REQUEST Date: 6/13/23 To: Jessica Gibson and Ellie Davis, SVC_DEQ.DCM_Accounting <DCM Accounting@ncdenr.gov> CC: Stephen Lane From: Cathy Brittingham Transfer Amount: $100.00 Project Description: TIP No. M-0540A, Resiliency and Living Shoreline Project. Changes to the type,design and layout of the previously authorized oyster structures: install interlocked"table-top"style oyster structures in lieu of the previously authorized "cantilevered" style oyster structures; eliminate oyster structures OR1, OR2, OR3, OR4, and portions of OR5 and OR9;add oyster structures ORA and ORB; increase the width of all oyster structures to 12'; and shorten oyster structures OR5 and OR9 to 40' and 45' in length respectively. Project Location: NC 24 in Onslow County. DCM Permit Type,Number and Issue Date: Minor Modification, 78-22, issued 6/13/23. Fee Division if Applicable: (record amounts to be split with DWR, if applicable) DCM: 100% DWR: 0% WBS Element Number: 49083.3.1 Brittingham, Cathy From: Brittingham, Cathy Sent: Friday, June 9, 2023 12:45 PM To: Harrison, James A;Wilson, Travis W.;Jenkins, Shannon Cc: Lane, Stephen;Tom Steffens; Sprinkle, Hannah H Subject: NC 24 Resiliency and Living Shoreline Project, M-0540A, Request for permit modification (CAMA Major Development Permit No.78-22) Attachments: M-0540A_Mod_Request_Letter_20230526.pdf;Wetland Impact Summary Table M-0540 _revised 20230526.pdf; Sandbar Oyster Catcher Table spec sheet 20230326.pdf; M-0540A, Oyster Sructure Arrangement - Revised Layout 6-8-23_rev3_dgw.pdf; Request for Comments.docx Hello, Attached for your review and comment please find a request from NCDOT to change the type and layout of the oyster structures at the NC 24 Resiliency and Living Shoreline Project in Carteret County. In addition, FYI, it is my understanding that the area notated on the workplan drawing as "creation of tidal marsh", that is adjacent to the proposed oyster structures OR-A and OR-B, may not have persisted due to the hydrologic forces at the site. Please let me or Stephen Lane know if you have any questions or concerns. Sincerely, Cathy Cathy Brittingham,Transportation Project Coordinator N.C. Division of Coastal Management (919)707-9149 phone Please note my new email address: cathy.brittingham@deq.nc.gov Mailing Address: Physical Address: 1617 Mail Service Center 512 North Salisbury Street Raleigh,NC 27699-1617 Archdale Building 12th Floor,Room 1204G Raleigh,NC 27604 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? 1 Sv iv 1 1--1•0,n -- Brittingham, Cathy From: Lane, Stephen Sent: Monday,June 5, 2023 3:55 PM To: Brittingham, Cathy Subject: FW: M-0540A Request for permit modification (CAMA Major Development Permit No.78-22) Attachments: DC00339 Oyster Structure Table Reef-Similar Projects_Approved Alternate 5-15-23.pdf Hi Cathy, I reached out to Div. 3 and requested a typical for the project as we discussed. They have sent the following information and attachment. Please see the attachment above and as well as the email thread below. I believe that the cross section shown on the right side of page 1 of the attachment is adequate for our use. The typical cross section shown is specifically for this project. I was thinking we could just have them re-send page 1 with appropriate labelling. Before I pass this along to Div. 3, I wanted to make sure that you are ok with that. Thanks, Stephen From:Waugh, Daniel G <dgwaughl@ncdot.gov> Sent: Monday,June 05, 2023 2:12 PM To: Lane, Stephen<stephen.lane@deq.nc.gov>; Westphal, Anneliese<awestphal@ncdot.gov> Cc: Greg Frame<gframe@sepiinc.com>; phhutchins@transystems.com Subject: RE: M-0540A Request for permit modification (CAMA Major Development Permit No.78-22) Stephen Sandbar Oyster Company (SOC) submitted several alternatives to our designer earlier this year. SWCA Designer-Josh Allen - Forwarded several alternates proposed by SOC back in May with the approval email to pursue the proposed alternate design at the (80'x12' Interlocked Tables). I have edited the attachment to show the "approved" alternate layout and project examples (they are similar). We typically do not provide a new typical section for the approved alternate.The design is proprietary to Sand Bar Oyster Company and is represented in the attached submittal that was approved for use. NCDOT can provide the As Built with Cross Sections that reflect the entire construction of the Living Shoreline including the alternate layout for the Oyster Structures. Thanks Daniel Waugh, PE Resident Engineer NCDOT Division 3 Jacksonville Resident Engineer's Office 910 467 0520 office 910 347 4973 fax 1 Dawaugh1( ncdot.gov 295-B Wilmington Hwy. Jacksonville, NC 28540 rrj •4 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From:Waugh, Daniel G Sent: Monday,June 5, 2023 10:52 AM To: Lane,Stephen<stephen.lane@deq.nc.gov>; Westphal, Anneliese<aestphal@ncdot.gov> Subject: RE: M-0540A Request for permit modification (CAMA Major Development Permit No.78-22) Stephen I believe that the brochure/cut sheet the contractor provided has several images of similar situations.These show some progression of oysters, so I would assume they have been in place for 2 to 3 years. I can get the location and dates of install. From what I understand,these types of oyster structures are used as stand-alone structures to provide oyster habitat and to mitigate wave energy. In regards to stability, based on the "original plan" cantilevered type vs. the "proposed" interlocked table top, I believe we are getting a better, more stable product with interlocked table. More legs in the sand with an average of 1.5' embedment providing stronger wider base.Also,the table top has a lower center of gravity vs.the cantilevered type. Less prone to damage or movement due to the wave energy. Will follow up with additional info. Daniel Waugh, PE Resident Engineer NCDOT Division 3 Jacksonville Resident Engineer's Office 910 467 0520 office 910 347 4973 fax Dgwaughl aC�.ncdot.gov 295-B Wilmington Hwy. Jacksonville, NC 28540 Trz • Email correspondence to and from this address is subject to the 2 North Carolina Public Records Law and may be disclosed to third parties. From: Lane,Stephen <stephen.lane(a@deq.nc.gov> Sent: Monday,June 5, 2023 10:23 AM To:Waugh, Daniel G <dgwaughl@ncdot.gov>; Westphal,Anneliese<awestphalc ncdot.gov> Subject: RE: M-0540A Request for permit modification (CAMA Major Development Permit No.78-22) Great. Thanks for the information and quick response. As I have not been involved with this type of installation before, I am just wondering about the potential for the oyster structures placed outside of the sills to be dislodged from their positions if we have a storm/hurricane before the oysters have a chance to mature. Does the installer have any project where these type of oyster structures have weathered storms in areas similar to this? From: Waugh, Daniel G <dgwaughl@ncdot.gov> Sent: Monday,June 05, 2023 10:04 AM To: Lane, Stephen<stephen.lane@deq.nc.gov>; Westphal,Anneliese<aestphal@ncdot.gov> Subject: RE: M-0540A Request for permit modification (CAMA Major Development Permit No.78-22) Stephen I will reach out to the designer for a cross section. Also, the legs are buried similar to the original cross section requirement. No chain or cables. Daniel Waugh, PE Resident Engineer NCDOT Division 3 Jacksonville Resident Engineer's Office 910 467 0520 office 910 347 4973 fax Dgwaugh1( ncdot.gov 295-B Wilmington Hwy. Jacksonville, NC 28540 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lane,Stephen<stephen.lane@deq.nc.gov> Sent: Friday,June 2, 2023 10:22 AM To:Westphal,Anneliese<awestphal@ncdot.gov>; Waugh, Daniel G <dgwaughl@ncdot.gov> Subject: RE: M-0540A Request for permit modification (CAMA Major Development Permit No.78-22) 3 Good morning and Happy Friday to the both of you, We are currently reviewing the proposed modification request for the redesigned oyster structure layout at the NC 24 project. In our review, it came up about possibly having a revised cross section for the revised layout. Would it be possible to get a simple cross section from one of you or the designers similar to the one on Sheet 2 C (Section A-A)? This would replace that cross section in our files. Also, how are the tables anchored in place? Is it just that they are driven into the bottom or is there some kind of chain or cable that secures them together and in place? Thanks, Stephen From:Westphal, Anneliese<aestphal@ncdot.gov> Sent: Friday, May 26, 2023 3:44 PM To: Lane,Stephen<stephen.lane@deq.nc.gov> Cc:Sprinkle, Hannah H <hannah.sprinkle@deq.nc.gov>;Steffens,Thomas A CIV USARMY CESAW (USA) <Thomas.A.Steffens@usace.armv.mil>; Giles,Jon W<iwgilesl@ncdot.gov> Subject: M-0540A Request for permit modification (CAMA Major Development Permit No.78-22) Stephen, Please find attached a letter of request to modify the subject permit for the M-0540A project along NC 24 in Onslow County. Also find attached a revised oyster structure layout plan sheet,a revised wetland impacts summary table, and a Sandbar oyster specification sheet which shows the type of oyster structure that will be used. Please let me know if I can provide any additional information. Thank you, Anneliese Anneliese Westphal Environmental Senior Specialist Division 3 NCDOT- Division of Highways 910 341 2000 office 910 604 1330 mobile 910 675 0143 fax awestphalCcr�.ncdot.gov 5501 Barbados Blvd Castle Hayne, NC 28429-5647 t, �2. a i-,,:ilt i" .' ): C il lh ---y Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties. 4 38 � � � � ism mm � � m m 39 A TI IT■ ;I:I.11 i■Ta uT■i■T■i■ �T•ToTrT=T-rT 40 niiiiiii 11 _LII _L _L 41 • .JIV•JL.•J`.J`. iiiil `.JL.JL... .�J`.J`.J`.J`.J`.J1..J`.J`.J 12 ft 42 L =12 = ,. .�■ _■ . luz. zoi . . I= imisz ..tit, = - 1 !It AZ =AZ =1,2 =1.2 - - l NM MN - MI MI MIEN MI I. — NM - EN — NM - -24in 80 ft (--1---\ Oyster Catcher"' Table causeway water ti 24in -410 12ft .4 '/ f—-MWL Figure 5. Symbols same as Figure 1. This design ,A. 24in assumes only 6 of the 10 rock revetment sections are appropriate for toe reef construction and the Tables 1—~NLW from the 4 reef sections not built are re-allocated sand bed equally to the other 6 sections. This refinement has 200 OC Tables in each reef section with 5 full rows of F.1 interlocked Tables and an average Table linear foot '' i. density of 2.38. Oyster Catcher SANDBAR Table OYSTER COMPANY Ishenstl Maiyai Approved Alternate - DGW 5-15-23 Views of Oyster Catcher' Table reef development in Savannah, "''� 'hi, • , ii,, ' 1 May 2021 ,., r Georgia. , - ` , , ; ,•4; ;,,,v,:,�{ i, - • — {Ili; . t t I ,, •, r , , •..H1#.v• • ti• - ,.,, The original Oyster Catcher' reef ' _ - '� ,y fi .: ' .�,. ^• y'. "� ?' for the ,� ti,-- . ,,_ _ '- proposal ,; "' r ;, Swansboro-Care .. R :, `s _� � . . �z, s,# .f. Carteret Hwy 24 causeway was • s~ _ a•. k . .,`�" _ _ ',`�' ` ` 1,rf,t►s r `` ,'""",4� ` •,, °r'�" 4 three side-by-side rows of Tables. E _ _ jairt4 w 0 ; r ' ,,, , - `� �r ►��s r Discussions with the ACE team - s. -- 4. ;. brought up the alternative design „ ...4; -A - ' 14: .v{ , , , :` -,," '`' ' r1.° �a �?"ilk �: ` .,,, d.r,4 • of open-top Tables with legs of r ' ,-y„ " ; s. •t Nib , one row being inserted through l j the top of the adjacent row(s) to A r J� r, `,, interlock the Tables. This would �' - �' flit. - - .;,- - compact the reef framework but et r r 'ft- maintain the same volume of --. 4'r , i "' ' Oyster Catcher"" materials. • ' .�V. April 2022 ' - . �, * a4"�1 FIA Further, if some of the revetment .-, . ., , - 40" % v �_ . sections aren't appropriate for toe i1 { r;,,- '_" s�tr . reef development, the materials { . �,� �, � � �'� _� • i> '�, earmarked for these sections r +. • Y could be re-allocated to other *� ' f • !� . 's: - `� section to create larger � A. 1f +F' ''��". - ''' - ' - structurally more complex reefs ^'� "� ' �� . - - that would also better promote - — ►i w saltmarsh development — see following sides for examples. r4 ' • Morehead City, NC �` '�'} .,. 8/4/2020 1/10/2022 01 It ..4. ..• , 4115 Sound Drive '� Oyster CatcherTM Pillows �� �,, • ,'- installed above the NHW line in November 2020; Oyster ""w "- `�"'"61r� .40 CatcherT" Table/Pillow sills NAN ..` installed in December 2021. - �i't mow` II* :7". Y it • t r •• 8/28/2022 s � �f �Y S +s t (. 71 I. •_•- �' ,,Y y ♦Y, r,. t`r r - _ -•-n". 'Lr� c % .� tTT::� +'r4 � err lc; aiks 444e, ,,,v•- ,. � 1 La`v r j ,,w 12/3/2022 �- _r,' , ?* 1.1 3 1022 ,\`•• 4 Morehead City, NC 7/7/2018 1/10/2022 I � 4115 Sound Drive Oyster Catcher' Pillows /' ''--`- installed above the NHW line ,1,., w V +, a , a , in November 2020; ')yster , -7J,/.✓ CatcherTM Table/Pillow sills rO' installed in December 2021. '`��' �t„it � � ; %so- ,,k_ is, %,111plete. - x a l - n ` , i .... 12/3/2022 •. 1/10/2022 ! ',�°a. .- 11" Morehead City, NC , .. 9/22/2022 :,-1:-,... , . 9/24/2022 4113 Sound Drive '=' Late September 2022, Oyster , _- �,' ""' fix Catcher" Tables and Pillows .. . . .lii • 4,,,.i _ 4 ,y ... --T installed as a bulkhead .l' 1 . .-"t,.�+' j""" • I `' Y4' "_ 'ram r'� 'r'r �' Y 1 � I , 3�` revetment and offshore sills. • -` _ z ' ;. air .�� _� .� On September 30, 2022, large ' � ''.. $.r i ti•�,. �, _ waves and strong currents � ,• .._ ., < � from Hurricane Ian pummeled F, \tom , �"" . 41* "�,� 1�. ®y K.- this shoreline. 4 ' �t`�•,Ng ,,; , • ' 9/30/2022 ?*' , 12/3/2022 �.- ��i. t ..✓,fi t.. r r' l+- - ` 5 _ •AA - L i .: N am ; ,. I ' Surf City, NC Soundside Park Oyster Catcher' Tables and 'I-- ' ill i ,t . .. „ -17- ''`T1w�-0- + ,, � _ , • r- p Pillows structure installed ,arrt Auk ast 15, 2022. This __ "' structure has a line of Pillows �"ret� ' y' _ �f.�+ l�� a �:A.•� _�. 4, a`•- --•` _ nested under the shoreward �- '} ;: !� >p line of Tables. By October 13, ,;thf ` ' 2022, abundant oyster spat , t _ .• ram-` • �. ' ., '' were observed on the Tables lit' - "� and Pillows. ` \ ' ' . .. iimi, la.7 i - ..,s. -�--r_ I" , , ....,,,,,,.. 10/13/2022