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HomeMy WebLinkAbout63-05 N.C. Dept. of Cultural Resources, Underwater Arch. Branch Permit Class `ANN' Permit Number STATE OF NORTH CAROLINA 63-05 Department of Environment and Natural Resources and Coastal Resources Commission �A� p b Cp05 pGM for COPY C� NIovEnead X Major Development in an Area of Environmental Conce rn pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to N.C.Dept.of Cultural Resources,Underwater Arch Branch,3431 Arendell St.,Morehead City,NC 28557 Authorizing development in Carteret County at Atlantic Ocean. --/- 1.5 miles south of Fort Macon Srale Park , as requested in the permittee's application dated 2/4/05 (MP-1) and 2/2/05 (NIP-2), including attached workplan drawings (3) 1 site map dated received 2/7/05 & 2 dated 2/4/05 r This permit, issued on April 28, 2005 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. f f 3 f l) The authorized archaeological recovery activities shall be carried out in accordance with the attached permit application and workplan drawings. Any alterations in the project plans may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. r f ,) Excavation shall not exceed an average of-3 feet below pre-project substrate levels. f f f 3) The authorized structure and associated activity must not cause an unacceptable interference with F navigation. f (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority W ? :Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Cuastal k ;r„rc_,Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. i This permit must be accessible on-site to Department r personnel when the project is inspected for compliance. �— ✓/ y� f .any maintenance work or project modification not covered C arles S. Jones, Director hereunder requires further Division approval. DVii'ion of Coastal Management All work must cease when the permit expires on This permit and its cunrlitp,r.: .r,_:hereby accepted. December 31, 2008 In issuing this permit, the State of North Carolina agrees f that your project is consistent with the North Carolina Coastal Management Program. mature of Permittee g �.+ny� riirirririiirrrrrro-rr,o-ro-wt�our.»000-soot-.a+r N.C. Dept. of Cultural Resources Permit #63-05 Page 2 of 2 ADDITIONAL CONDITIONS f General f ry 4) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the 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. Q NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. f f NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3274 (DWQ Project No. 050383), which % as issued on 3/11/05. NOTE: The U.S. Army Corps of Engineers has project assigned the proposed COE Action Id. No. g P P 200500500. 1 i I f f F I f 1 f f, F f I y 1 b � 1, F F f f f f 6 o SSS n ��r--::-w•x.rrrm.�vrr.»rrrvw.»oaocr .vrirrii�riiiiriii�i ri.ii�..r,iiiir.ri rirrrrrr.,.�twco-t�rra.k r::�:�.:v� Amn-'WA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Charles S. Jones, Director William G.Ross Jr.,Secretary April 28, 2005 NC Department of Cultural Resources Underwater Archaeology Branch 3431 Arendell Street Morehead City,NC 28557 Dear Sir: 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. Please sign both,the original (buff- colored form) and the copy. 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. Please retain the original (buff-colored form),as it must be available on site when the project is inspected for compliance.. 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 if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. 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 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 is 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, Douglas V.Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: State of NC - Underwater Archeology Unit, c/o Mark Wilde-Ramsing 2. LOCATION OF PROJECT SITE: On the floor of the Atlantic Ocean ±1.5 miles south of the Fort Macon State Park, ±.5 miles west of the federally maintained channel of Beaufort Inlet, in Carteret County. Photo Index - 2000: Unavailable 1995: Unavailable State Plane Coordinates - X: 2697400 Y: 343400 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 06, 2005 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 2/07/05 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Conservation (B) AEC(s) Involved: OH (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - None Planned - None (F) Type of Structures: Existing - Shipwreck Planned - None (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other Sandy Ocean Bottom (Inlet) 13,500 sf 13,500 sf (D) Total Area Disturbed: 13,500 sf (E) Primary Nursery Area: No (F) Water Classification: SB Open: Yes 8. PROJECT SUMMARY: The applicant is the Underwater Archeology Unit of the Archives and History Division of the Department of Cultural Resources. The DCR is applying to perform a full excavation and recovery of the remaining artifacts from the shipwreck thought to be the Queen Anne's Revenge. NC Underwater Archeology Unit - Mark Wilde-Ramsing Page 2 --------------------------- 9. NARRATIVE DESCRIPTION: This project was originally handled as a Major Modification to State Permit#127-97,and was issued on 4/20/05. The permit expired without receiving adequate funding. The request at hand is the same as was reviewed at that time. The project site is located in the Atlantic Ocean, approximately 1.5 miles south of the Fort Macon State Park, and t.Smiles west of the federally maintained channel in Beaufort Inlet,Carteret County. This is the site of a shipwreck presumed to be that of the Queen Anne's Revenge(QAR), the vessel thought to be the pirate ship of the privateer known as Blackbeard. The NC Department of Cultural Resources has designated an area 600 yards in diameter around the wreck as "protected area". The Atlantic Ocean carries a water quality designation of SB; the Carteret County Land Use Plan classifies all areas designated as Areas of Environmental Concern as Conservation; the Division of Marine Fisheries does not designate the Atlantic Ocean as a Primary Nursery Area; and the waters of the Atlantic Ocean are open to the taking of shellfish for consumption. The ocean bottom composition at the wreck location is coarse-grained sand, subject to high energy due to the proximity to the inlet. The Underwater Archeology Unit of the NC Department of Cultural Resources is proposing to perform a full excavation and recovery of the remaining artifacts from the QAR over a five-year period. The original permit authorized the excavation of discovery trenches around the site in search of artifacts that would indicate the significance of the wreck. The 2000 Major Modification authorized the expansion of this project to include full artifact recovery. The shipwreck site is recognized by the number 0003BUI. The dimensions of the hull in the area proposed for excavation are approximately 150' x 90'. The vessel lies covered with a thin layer of sand in approximately 20' -25' of water. Recent hurricane events have uncovered significant portions of the wreck, and exposed them to the elements, necessitating removal to avoid the loss of the resource. The specific proposal involves the excavation of the entire 150' x 90' area, in 10' x 10' x 3'units,to an average depth of-3' from substrate level. Approximately 1500 cubic yards of sand will be removed by means of a hydraulic induction dredge, with a 3" or 6" hose. This system will carry the effluent to a containment area alongside the wreck for filtering. The sand will be filtered through screens, artifacts removed, and spoil re-deposited back into the trenches from which it came. The process is expected to take 5 years to complete, with a maximum of 4 active spring and fall months during any given year. 10. ANTICIPATED IMPACTS: The project as proposed will employ an unorthodox method of spoil placement. However, this is a very high-energy area, conducive to natural sediment disturbance and large grained sand composition. Additionally, the 1500 cubic yards of spoil material will be generated in small quantities over a five-year period. Given that, there should be no visible turbidity increases, or permanent change to the bottom elevation. T. Barrett February 22, 2005 Morehead City Form DCM-Mp-I APPLICATION (To be completed by all applicants) c: b. City, town, community or landmark f-y(LT M A Coal c3LYa uFpR-i SN L�-T 1. APPLICANT c. Street address or secondary road number a. Landowner: STAI v� /�/v�71t Lr/}2.awNA d. Is proposed work within city limits or planning Name jurisdiction? Yes xX No Address e. Name of body of water nearest project (e.g. river, City State creek, sound, bay) t-CA yfo2T a:-.*J l.r`T A-r•LA—ln C 0G0q,-J Zip Day Phone 3. DESCRIPTION AND PLANNED USE Fax OF PROPOSED PROJECT b. Authorized Agent: /V c vN"aCv�wqi-v-Z /4acrn C'miv Lr �aauar Name,477NI : MAQk6,-AL D 1-k4 ,s+h/Lr .GZAR_0,440,Xa. List all development activities you propose (e.g. building a home, motel, marina, bulkhead,pier,and excavation and/or filling activities. Address 3 y3 1 /�2's�.r7i �c�c Sic+tirr" V N DV-RwRR tg- /KcH Lo!-ot, EI tr ,r({i1 o nl ,A� 2rcad�2`t or= � $^� C¢�Ji1lQ`S /-Mr►��Z City C lTl( State N L �' Quctirl sM,�rs G�/EJ C,�� Zip 213 5 S 1 Day Phone z'S 2- 7-t G-(o 9` 1 x 1��b. LS the proposed activity maintenance of an existing project, new work, or both? Co^M ty%)A-Mo V Fax c. Will the roject be for public,private or commercial use? . , y 3u C- c, Project name (if any) Q V C-1,Fv.1 /Aw rQ 6S 2-c�/��Gc� Sif,r PW2vC"— 2ecovr-2`i d. Give a brief description of purpose,use, methods of construction and daily operations of proposed NOTE Prrmir%0 be issued in name ojimdo-wr®r a dlo► project. If more space is needed, please attach additional pages.3 AS QD QN AN A-S S eSS n,rA- proled name. CyAl3 N4S PVC TN 31 f S FhatLovi J/ABM R C o f Cut--.V2.ai. i"ZNF + A,NS AN-0 Fto— 2. LOCATION OF PROPOSED C WM S-r2oPto c- s-Ma-"S r a r-A-a&-a' PROJECT 5 L.0 +„ c-An v EF C/W ren oN C _co,���c.-ns� ,�-r nrt✓ sr7� sr-t �-rrr�c.aG�� --- Npr�ATt�E �tSce.,Pno�l a. County Revised 03/95 � r Barbara Brooks, Administrative Assistant NC Underwater Archaeology Branch P.O. Box 58 ` N0 Kure Beach, NC 28449 Phone: 910/458-9042 Morehead City DCM Fax: 910/458-4093 Email: barbara.l.brooks@ncmail.net --�-119 u i r��q �E'cc4-t'om t C��S J r Form DCM-MP-1 - m. Describe exi ling wastewater treatment facilities. 4. LAND AND WATER N A CHARACTERISTICS -P"Tvt-Tin ATZ'� -D�/►r•, 2 a R #0 t = Ad-•�N� '^j2� -� n. Describe location and type of discharges to waters a. Size of entire tract s J 7T of the state. (For example, surface runoff, sanitary 5 `t`<-�'�"'/+NS /S��go� wastewater, industrial/commercial efflue t, "wash b. Size of individual lot(s) down" and residential discharges.) N/14 — c. Approximate elevation of tract above MHW or NWL '2o ' — --S ' gIF1-0W NyJL__ d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. �5 a^7 A S H1 u. / 4 e, Vegetation on tract IJ )A f. Man-made features now on tract N ) 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (consult the loco!land use pl=.) following items must be submitted: Conservation Transitional Developed Community • A copy of the deed (with state application only) or Rural ZC� Other other instrument under which the applicant claims title SL,A, 36'0 to the affected properties. If the applicant is not h. How is �e ract zoned by local government? claiming to be the owner of said property, then A forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? Yes No (Arwch toning n»►�lan�� �.n��� ,�I�Pua,bt<) • An accurate, dated work plat (including plan view and cross-sectional drawings)drawn to scale in black J. Has a professional archaeological assessment been ink on an 8 1/2' by 11" white paper. (Refer to done for the tract? )(x Yes No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? _ N C- y A 13 detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or eligible property? prints or other larger plats are acceptable only if an ,Yes No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? Yes � No Engineers regarding that agency's use of larger Coastal (marsh) Other ^ drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to (Anach do�ion ifa�ailotle) guide agency personnel unfamiliar with the area to the Revhed 03/95 y . Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTMCATION A:N-D PERNUSSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. i A list of the names and complete addresses or the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application wi.11 allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy or the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised that they have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's on the proposed project to the Division of Coastal approved Coastal Management Program and will be Management. Upon signing this form, the applicant further certifies that such notice has been provided. conducted in a manner consistent with such program. Name /v c ?rt2k-S , Fv2T MA co"i I certify that I am authorized to grant, and do in fact, Address PO Z a)v t 2--1 ,4TP-,v-n c 3e-nt1+,N c- grant permission to representatives of state and federal Phone 2- 5-2- 7 Z 1. - 3 71 5 review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name permit application and follow-up monitoring of the Address project. Phone _ I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Phone �-- _ This is the day of 491�� S • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name M/32 k permittee, and issuing dates. Signature " Imido~r or Authorized Agent • A check for $250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources Project. (DEHNR) to cover the costs of processing the _ DCM MP-2 Excavation and Fill Information application. — DCM MP-3 Upland Development • A signed AEC hazard notice for projects in — 'DCM MP-4 Structures Information — DCM MP-5 Bridges and Culverts oceanfront and inlet areas. , DCM MP-6 Marina Development A statement of compliance with the N.C. NOTE. Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 03195 Form DCINI-HP-2 EXCAVATION ANDFILL ; 3 0 7 :N05 (Except bridges and culverts) Mororioz4da Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from below Describe below the purpose of proposed excavation or MHW or NWL in cubic yards , 7 oo fill activities. All values to be given in Feet. b. Type of material to be excavated 50-1%1D,SHCtt-, 4,yrD CUL-T\AA-U /119-TVIZI LS (,4(ZT T�Zn) Average Final F"I`twg Project c. Does the area to be excavated include coastal Length %ldth Depth Depth wetlands (marsh), submerged aquatic vegetation Access (SAVs) or other wetlands? Yes X X No chwinel (MLA or(NWL) d. Highground excavation in cubic yards Canal 2. DISPOSAL OF EXCAVATED Boat MATERIAL basin a. Location of disposal area A'7T1gC0v>- 7?-W SIB. Bo at ramp b. Dimensions of disposal area S14-D WILL 13t' Rock iZ�' V"O'> Tb �V SHd7W(Z1-tk. Srrt: . VA'�C� NFt l groin .;. ,. c. Do you claim title to disposal area. XX Yes No Rock V: If no, attach a letter granting permission from the breakwater owner. r? Other d. Will a disposal area be available for future maintenance? Yes No (Excluding 150 If yes, where? shorrlinc stabilisation) RevLwd 03195 Form DCM-NIP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes X *A No water (2) Dimensions of fill area f. Does the disposal include any area in the water? )X_ Yes No (3) Purpose of fill b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? Yes X x No If yes, a. Type of shoreline stabilization (1) Dimensions of fill area Bulkhead Riprap (2) Purpose of fill b. Length c. Average distance waterward of MHW or NWL 5. GENERAL d. Maximum distance waterward of MHW or NWL a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? EXCAVA'R) MA7V91AL-S W1LLU Q✓MP^ 1Nrg AN AMFOcr 1ty(wiA'( (Source of information) S 1(S-1Xy,1 4N7! Au oWLM h (Zx'WgN ill 7)tr -doTfoM 11+RovCrH TIM NA,-N-4- Cot,-vn,nl. f. Type of bulkhead or riprap material b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level 3 A-WD 6 +4it A✓" L Sw7vCT1�"� (1) Riprap D(Lj��(r;F SY (2) Bulkhead backfill c. Will wetlands be cr3ssed in transporting equipment h. Type of fill material to project site? Yes Xx No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material Q u, rs I A�NLTS R13VtEr/Gb SHt P W2�C I c_ 4. OTHER FELL ACTIVITIES zecov.-mot t�2°�1tLT A F'"Ject Nun (Excluding Shoreline Stabilization) Signature / a. Will fill material be brought to site? 7\ Z z d 5 Yes No G T. FEB 0 7 Z005 Revised 03/" Morehead City DUO a ► CAMA APPLICATION: DESCRIPTION OF EXCAVATION FOR THE QUEEN ANNE'S REVENGE SHIPWRECK RECOVERY PROJECT, BEAUFORT INLET, CARTERET COUNTY Mark Wilde-Ramsing NC Underwater Archaeology Branch February 4, 2005 Bottom disturbing activities proposed for the Queen Anne's Revenge Recovery Project will involve the'archaeological excavation of 10 X 10 X 3 foot units in and around the shipwreck site. During excavation all sediment and artifacts will be removed down to a culturally sterile layer, which varies from 6 inches to 4 feet and averages 3 feet. SCUBA divers using hydraulic induction dredge systems will form the excavations. During this process sediments will be carefully removed and carried through 3-inch or 6-inch hoses to a containment area, either on the surface or on the bottom outside the shipwreck, where the outfall will be strained and sluiced to capture artifacts. When possible the filtered spoils will be used to backfill the excavated portions within the shipwreck site. Overall, 2,200 cubic yards of sand and cultural materials will be removed from the seabed during the recovery project. Archaeological excavations at the site will be conducted over the course of 5 years with a maximum of 4 months annually during a period prior to June 1'or after September 1'. It is estimated that excavations will proceed at a maximum rate of two 10 X 10 foot units per week during fieldwork. Excavations will be confined to daylight hours and will be intermittent throughout the day, allowing breaks for archaeologists to check progress, examine structural features and document artifacts in situ. After excavation and artifact removal, spoils materials will be returned bringing each unit back to seabed grade. FLB 0 7 Z1005 MOREHEAD CITY Sol SEAUFORT ROGUE BANKS ATLANTIC OCEAN ' W ! � �' SHACKIEFORD BANK r i Shipwreck � f Site 0 NAUTICAL MILES 1 31CR314 f t �tJ ► 'r m r + r ; r ► 1 r u,40, t t ► t I j• t NORTH CAROLINA ; l f . . City DC I t f ! 1 i 1 ! t r DIVISION OF COASTAL MANAGEMENT p APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: State of North Carolina County: Carteret LOCATION OF PROJECT: On the Atlantic Ocean Floor+/- 1.5 miles south of Ft.Macon State Park,+/- .5 miles west of the federally maintained channel of Beaufort Inlet. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 02/07/05 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded:No CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Tere Barrett DIST CT OFFICE: Morehead\ DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: FEE RECD: $4W•0 PUBLIC NOTICE RECD: OZ/Z S END OF NOTICE DATE: Q3//-7 ADJ.RIP. PROP NOTICES RECD: DEED RECD: APPLICATION ASSIGNED TO: glAt5&C-TT ON: O 24Z5 w 5 C) 75 DAY DEADLINE: 150 DAY DEADLINE: MAIL OUT DATE: CZ/Z-1 �S STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTION NOTES COMMENTS S: RETURNED YES NO Coastal Management-Regional Representative Z y-ay Coastal Management-LUP Consistency .3 -Z Z-or Division of Community Assistance -� Land Quality Section Division of Water Quality Storm Water Management(DWQ) State Property Office Division of Archives&History -y-0 5 i/ Division of Environmental Health ; -/-vs t/ Division of Highways Wildlife Resources Commission Division.of Water Resources Division of Marine Fisheries Submerged Lands(DMF) Permit DCM Coordinator: _ MAILING DISTRIBUTION: Agent: DC:M Field Offices: / Elizabctli City Morcheadgity Washington W i lnungton US Army Corps of Engineers(USAGE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Timpy(NC OT) Henry Wickc Others: Cultural Resources: Rence Gledhill-Ear1 Environmental Health: Terry Piero Marine Fisheries: Mike Stree� NCDOT: Ken Pack Shellfish Sanitation: Patty Fowlelv", / State Property Office: Joseph lftdersont/ Water Quality: Cytwk4 t3toly(for non-DOT John Hennessy(NCD T) Water Resources: John Sutherlan Wildlife Resources: Maria Tripp BLumat Wynn David Cox(NCDOT) Travis Wilson(NCDOT) LPO: — FAXING DISTRIBUTION: Permitee at Agent I)CM Field Offices: Elizabeth City(2.52/264-3723) Morehead City(252/247-3330) Washington(252/948-0478) Wilmington(910/350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) ; f ► Bill Biddlecome(NCDOT) Raleigh Bland(252/975-1399) Wilmington: Dave Timpy(NCDOT) Henry Wicker(910/251-4025) CAMA Major Permit Process Manual Page 70 of 70 f 9 ` DEPARTMENT OF THE ARMY WIL1VIINGTON DISTRICT,CORPS OF ENGINEERS _ P.O.BOX 1890 WILNIINGTON.NORTH CAROLINA 28402-1890 MLY TO ATMMON OF. April 22, 2005 Regulatory Division Action ID No. 200500500 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Dear Mr. Huggett: T'Sfi Reference the application of the StMe of North Carolina Underwater Archaeology Branch for a Department of the Army permit request to perform a full excavation and recovery of the remaining artifacts from the shipwreck thought to be the Queen Anne's Revenge located 1.5 miles south of the Fort Macon State Park and 0.5 miles west of the federally maintained channel in Beaufort Inlet, Carteret County,North Carolina The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans,which.are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers(USACE)prior to implementation. 2. The permittee 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. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring,MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as authorized by this permit or any USACE approved modification to this permit, 1 t . 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. 4. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants,hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste,the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or(800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 5. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 6. 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) 772-2191. 7. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 8. The permittee shall advise the Corps 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. 9. 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. 10. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre-proj ect condition. 11. 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 U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 12. Excavation will not exceed—4' maximum or—3' average below pre-proj ect substrate level. Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, . ✓l� VI%ti� Henry Wic er Regulatory Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished(without enclosure): Ms. Cyndi Karoly -1VIs. Tere Barrett, District Manager Division of Water Quality Morehead City Regional Office North Carolina Department of Environment North Carolina Division of Coastal and Natural Resources Management 1650 Mail Service Center 400 Commerce Avenue Raleigh, North Carolina 27699-1650 Morehead City, North Carolina 28557-3421 Mr. Pete Benjamin Commanding Officer U.S. Fish and Wildlife Service U.S. Coast Guard Marine Safety Office Fish and Wildlife Enhancement 721 Medical Center Drive, Suite 100 Post Office Box 33726 Wilmington,North Carolina 28401-4895 Raleigh,North Carolina 27636-3726 Mr. Ron Sechler Mr. Ronald J. Mikulak, Chief National Marine Fisheries Service Wetlands Regulatory Section Habitat Conservation Service Water Management Division Pivers Island U.S. Environmental Protection Agency Beaufort,North Carolina 28516 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 t�ENT OF fy / DPP F,y United States Department of the Interior N o FISH AND WILDLIFE SERVICE fi Raleigh Field Office � ^+ Post Office Box 337 � � &711 4-110P t O 26 q `8qCH 9 Raleigh,North Carolina 27636-3726 April 4, 2005 APR 1 200 5 Mr. Henry Wicker City DCM U. S. Army Corps of Engineers rv' Wilmington Regulatory Field Office " P. O. Box 1890 Wilmington,North Carolina 28402-1890 Subject: Action ID#200500500,North Carolina Department of Cultural Resources(Underwater Archeology Unit),Dredging at offshore archeological site, Carteret County,NC Dear Mr. Wicker: This letter provides the comments of the U. S. Fish and Wildlife Service(Service)on the subject Public Notice(PN),dated March 15,2005. The applicant,the North Carolina Department of Cultural Resources, has applied for a Department of the Army(DA)permit to perform hydraulic induction dredging in an area of approximately.13,500 square feet(0.31 of an acre)of sandy ocean bottoms as part of the excavation and recovery of artifacts from a shipwreck thought to the Queen Anne's Revenge. The proposed work is being considered under Regional General Permit#198000291, a permit/processing agreement for work that has been approved pursuant to the North Carolina Coastal Area Management Act(CAMA). These comments are submitted in accordance with the Fish and Wildlife Coordination Act(FWCA)(48 Stat. 401,as amended; 16 U.S.C. 661-667d). Comments related to the FWCA are to be used in your determination of compliance with 404(b)(1)guidelines(40 CFR 230)and in your public interest review (33 CFR 320.4)in relation to the protection of fish and wildlife resources. Additional comments are provided regarding the District Engineer's determination of project impacts pursuant to section 7 of the Endangered Species Act(ESA)of 1973, as amended(16 U.S.C. 1531-1543). Project Area and Proposed Action The PN contains the Field Investigation Report(FIR),dated February 22,2005, of the North Carolina Division of Coastal Management(NCDCM). The FIR states that the project site is in the Atlantic Ocean approximately 1.5 miles south of Fort Macon State Park. The site is in water approximately 20-25 feet deep. The bottom consists of coarse-grained sand and is subject high energy. The applicant proposes to remove approximately 1,500 cubic yards of bottom sediment by a hydraulic induction dredge. The sediment would be moved to a containment area alongside the wreck for filtering in order to search for artifacts. After filtering the material would be re-deposited back into the trenches from which it came. The action is expected to extend over five years. Anticipated Impacts The FIR states that the proposed action should produce no visible increase in turbidity or change to bottom elevations. Such minimal impacts would be due to the large sand grains composing the bottom sediment,the return of the material to its approximate original location, and the periodic dredging of small quantities over a five year period. 2 Federally Protected Species The Service has reviewed available information on federally-threatened or endangered species known to occur in Carteret County. We have also reviewed information from the North Carolina Natural Heritage Program(NCNHP)database which contains excellent data on the special status species,both federal and state. This database can be accessed by topographic quadrangle(quad)of the U. S. Geological Survey (USGS). Data from USGS quads provide the most project-specific information on species which should be considered in permitting this project. The project area is in the Beaufort quad. The occurrence data of special status species within this quad can be obtained on the internet under the database search section of <hgp://www.ncnhp.org/Pages/heritagedata.html>. Our review indicates that no federally listed species under Service jurisdiction are likely to occur in the project area. Therefore,the Service would concur with a determination by the District Engineer that the action is not likely to adversely affect species designated as threatened,endangered,or their designated critical habitat. However,the requirement of section 7 would need to be reconsidered if: (1)new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2)this action is subsequently modified in a manner that was not considered in this review; or, (3)a new species is listed or critical habitat determined that may be affected by the identified action. Service Position Considering the offshore location of the project site,the limited nature of the proposed dredging, and the overall maintenance of existing bottom contours,the Service believe the proposed work will not have any significant adverse and/or irreversible effects on general fish and wildlife resources under our jurisdiction. Therefore,from the perspective of the FWCA and the 404(b)(1)guidelines,the Service has no objection to the issuance of the DA permit. We appreciate the opportunity to review the permit application. If you have questions regarding these comments or wish to discuss the development of the coordinated federal position,please contact Howard Hall at 919-856-4520,ext. 27 or by e-mail at<howard_hall@fws.gov>. 4Bjamin Ecological Services Supervisor cc: Ronald Mikulak US EPA,Atlanta,GA Ron Sechler,NMFS,Beaufort,NC Mike Street,NC Division of Marine Fisheries,Morehead City,NC Maria Tripp,NCWRC,Washington,NC John Dorney,NC Division of Water Quality,Raleigh,NC Ted Tyndall,NC Division of Coastal Management,Morehead City,NC �0F W A rF9Q Michael F. Easley, Governor �O G William G. Ross, Jr.,Secretary om t-- North Carolina Department of Environment and Natural Resources >_ O -- .w-- :a Alan W. Klimek, P.E. Director Di ality F March 29, 2005 44 State of NC Underwater Archaeology Branch APR 052005 Attn: Mark Wilde-Ramsing, QAR Director 3431 Arendell Street Morehead City Morehead City, NC 28557 `J� �(;M Subject: EXEMPTION Stormwater Project No. SW8 050240 Queen Anne's Revenge Shipwreck Recovery Project Carteret County Dear Mr. Wilde-Ramsing: The Wilmington Regional Office of the Division of Water Quality received a copy of the CAMA Major Permit Application for offshore recovery project on February 28, 2005. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. By copy of this letter, we are informing you that your project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. If you have any questions or need additional information concerning this matter please contact Ms. Linda Lewis at (910) 395-3900. Sinnc�e'r"ely, Ed Beck Acting Regional Supervisor Surface Water Protection Section ENB/arl: S:\WQS\STORMWAT\CAMA\050240.mar05 cc: DCM A.C. Everette, Carteret County Inspections Doug Huggett, DCM Linda Lewis Wilmington Regional Office Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)395-3900 One Wilmington Regional Office Wilmington,NC 28405-3845 FAX (910)350-2004 Internet: wm.enr.state.nc.us NorthCarolina An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Naturally NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM To: Doug Huggett, Major Permits Processing Coordinator From: Maureen Meehan Will, DCM Morehead City District Planne Date: March 22, 2005 Subject: Major Permit Application, Requested by the State of North Carolina Underwater Archeology Unit to perform a full excavation and recovery of the artifacts from the shipwreck thought to be the Queen Anne's Revenge, located in the Atlantic Ocean approximately 1.5 miles south of Ft. Macon State Park, and approximately 0.5 miles west of the Beaufort Inlet, Carteret County, North Carolina. LILT Consistency Determination: The proposal is Consistent With & Not in Conflict with the 1996 Carteret County Land Use Plan certified by the CRC on November 19, 1999, provided that all applicable local, state, and federal development guidelines are met. Overview: Areas of Environmental Concern (AEC) impacted by the proposal include Ocean Hazard Area (OH). The Waters at the project site are classified as SB and are open to the harvesting of shellfish. The area is not a Primary Nursery Area. The Carteret County Land Classification Map designates the subject property AEC as "Conservation". Development within the designated AEC is limited by CAMA regulations and development guidelines. Carteret County includes a policy statement for protection of historic and cultural resources. This is implemented through coordination with the NC Office of Archives and History to ensure identification and preservation of significant archeological sites. The permit applicant is the NC Department of Cultural Resources, which houses the Office of Archives. This project was originally approved in 2000, but was unable to be completed due to the lack of funding. There have been no significant changes to the project, therefore the consistency determination remains the same, `consistent and not in conflict' with the local land use plan. Cc: Tere Barrett, Morehead City District Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO _'� O C Regulatory Division S J �'-� K/ G II /� Action ID. aoUSD DS 6 0 Applicant: WN6kru3 o fl-ag-o loci U' &6mc�\ Waterway: Al Opp County: .�� Type Work: Lxc6vwr Mr.Ron Sechler Commanding Officer National Marine Fisheries United States Coast Guard Service,NOAA 431 Crawford Street Pivers Island Portsmouth,Virginia 23704 Beaufort,North Carolina 28516 Mr.Ronald J. Mikulak, Chief Without enclosures Wetlands Section-IV Water Management Division Mr.Doug Huggett U.S.Environmental Protection Agency Division of Coastal Management 61 Forsyth Street, SW NC Dept of Environment and Atlanta, Georgia 30303 Natural Resources 400 Commerce Avenue Mr.Pete Benjamin,Field Supervisor Morehead City,North Carolina 28557 Fish and Wildlife Enhancement U.S. Fish and Wildlife Enhancement —rPr , h Post Office Box 33726 06 Regional Office Raleigh,North Carolina 27636-3726 Division of Coastal Management NC Department of Environment,Health Commanding Officer 1' and Natural Resource United States Coast Guard L160 `A . Marine Safety Office 55 7 7 721 Medical Center Drive Suite 100 Wilmington,NC 28401 Mr.David Rackley National Marine Fisheries Service,NOAA 219 Forth Johnson Road Gentlemen: Charleston, South Carolina 29412-9110 Pursuant to Action ID No. 198000291,the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before y-/y-6_5- Questions or comments may be addressed to the undersigned, available at telephone (910) 251-4930. Sinc rely, W Henry Wick r,Project Manager Wilmington Regulatory Field Office Enclosure 1 "IOF W grF9 Michael F. Easley, Governor WVOT 4 �O G lr� William G. Ross, Jr., Secretary 60 F North Carolina Department of Environment and Natural Resources N, Alan W. Klimek, P.E. Director Division of Water Quality March 11, 2005 State of North Carolina Archeology Unit NC Underwater Archaeology Branch c/o Mark Wilde-Ramsing 3431 Arendell Street Morehead City, NC 28557 SUBJECT: Approval of 401 Water Quality Certification and Additional Conditions Queen Anne's Revenge Shipwreck Recovery Project DWQ Project#050383 Carteret County Dear Mr. Wilde-Ramsing: You have our approval, in accordance with the attached conditions (WQC #3400)to conduct the following activity located near Beaufort Inlet in the Atlantic Ocean near Fort Macon, Carteret County. This approval allows you to: 1. Excavate an area of approximately 150' X 90 (approximately 1,500 cubic yards) from the location of the Queen Anne's Revenge shipwreck site; 2. Fill an area approximately 150' X 90' (to return the 1,500 cubic yards of sand/shell back over the shipwreck site). This approval is only valid for the purpose and design that you described in your CAMA Major application received by the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO) on February 28, 2005. After reviewing your application, we have determined that General Water Quality Certification Number 3400 covers this activity. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations,NPDES and Coastal Stormwater. In addition, this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your revised CAMA Major Permit application received by the Division of Coastal Management on February 7, 2005. If you change or modify your project,you must notify the Division (DWQ) in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed on the following page: North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)395-3900 Customer Service 1-877-623-6748 Wilmington Regional Office Wilmington,NC 28405-3845 FAX (919)733-2496 Internet: h2o.enr.state.nc.us One NorthCarofiina An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Naturally A Page Two State of North Carolina Archeology Unit NC Underwater Archaeology Branch c/o Mark Wilde-Ramsing Project#050383 March 11, 2005 1. 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 this office and a copy to the 401/Wetlands Unit,North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh,NC, 27699-1650; 2. No excavation and no spoil, solids, or fill of any kind shall occur in wetlands, waters,or riparian areas beyond the footprint of the impacts depicted in the CAMA Major Application. All construction activities,including the design, installation,operation,and maintenance of sediment and erosion contr 1.Best Management Practices,shall be performed so that no violations of state water quality standards, statutes,or rules occur. Please notify this Office at the number listed below if any problem arises during the construction of the project that may affect water quality. If you do not accept any of the conditions of this certification,you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,send a written petition conforming 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 DWQ Permit#050383 under Section 401 of the Clean Water Act. If you have any questions,please telephone Joanne Steenhuis or Edward Beck at 910-395-3900. Sincerely, Alan W.Klimek,P.E.,Director 4-12 Division of Water Quality Attachments: GC#3400 Certificate of Completion cc: Corps of Engineers Wilmington Field Office—Henry Wicker WiRO-Joanne Steenhuis 401 Oversite Unit,Raleigh—Cyndi Karoly CAMA—Tere Barrett CAMA—Doug Huggett WQC #3400 CAMA PERMIT CERTIFICATION GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with requirement of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on February 11, 1997,Water Quality Certification Number 3274 issued June 1, 2000 and Water Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with conditions hereinafter set forth. Conditions of Certification: 1. Activities authorized by CAMA major permits require written concurrence from the Division of Water Quality as well as compliance with all conditions of this General Certification; 2. Activities authorized by Coastal Area Management Act(CAMA) Minor or General Permits do not require written authorization from the Division of Water Quality as long as they comply with all other conditions of this General Certification; 3. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees. The fee shall be collected and distributed between the two agencies in accordance with agreements reached between the Division of Water Quality and the Division of Coastal Management; 4. In accordance with 15A NCAC 2H .0506(h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. In addition, buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation"within the 'Table of Uses"section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public; t WQC #3400 The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek Director WQC #3400 3 DWQ Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: 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 this certificate to the 401/Wetlands Unit,North Carolina Division of Water Quality, 1621 Mail Service Center,Raleigh,NC,27699-1621. This form may be returned to DWQ by the applicant,the applicant's authorized agent,or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification hereby state that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials. Signature: Date: Agent's Certification I, ,hereby state that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials. Signature: Date: Engineer's Certification Partial Final I, ,as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe(periodically,weekly,full time)the construction of the project,for the Permittee hereby state that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials. Signature Registration No. Date Mail to:401 Wetlands Contact NC Dept.of Environment and Natural Resources 127 Cardnal Drive Ext. Wilmington,NC 28405-2004 AA RCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM: TO: Doug Huggett FROM: T. Barrett ►� SUBJECT: Comments and Recommendation - CAMA Major Permit Application- NC Dept pf Cultural Resources - Underwater Archeology Unit DATE: .February 23, 2005 The proposal is for full recovery of the shipwreck believed to be the Queen's Anne Revenge. The following are my comments and recommendations regarding this proposal: This project will employee unusual excavation and spoil disposal methods due to the rare and fragile nature of the project. However, given the energy of the system in which the project lays, the limited amount of disturbance proposed, and the heavy, coarse bottom composition in the area, there should be no significant impacts to the system. Additionally, the "phasing" approach to the project will limit impacts. I recommend the project be authorized as proposed contingent on the following conditions: 1) Excavation will not exceed 4' maximum or-3' average below pre-project substrate level. 2) All proposed development must be done in accordance with the permitted workplat drawings dated 2/04/05. 3) Any change or changes in the plans for the development will require a re-evaluation and modification of this permit. cc: Ted Tyndall, DCM 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper WDENR h.;;�, ,,n n5 North Carolina Department of Environment and Natural Resources Division of Coastal Management Morehead ix�y rn 7M Michael F.Easley,Governor Charles S. Jones, Director William G. Ross Jr.,S6cretary` February 23, 2005 MEMORANDUM: Z TO: Mr. Preston P. Pate, Jr., Director �A c,�AB��A� plv`T Division of Marine Fisheries FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: State of North Carolina-Underwater Archeology Unit Project Location: Carteret County: On the Atlantic Ocean floor+/- 1.5 miles south of Ft.Macon State Park, +/- .5 miles west of the federally maintained channel of Beaufort Inlet Proposed Project: The applicant proposes to perform a full excavation and recovery of the remaining artifacts from the shipwreck thought to be the Queen Anne's Revenge. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 17, 2005. If you have any questions regarding the proposed project,please contact Tere Barrett at (252) 808-2808. 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 comments. SIGNED /l AA U ! ' t"J 0-4 DATE - �-S 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper d —�— FEB 26 2005 NCDENR North Carolina Department of Environment and Natural ResourceIIOP4o l-PvAn iorHCF Division of Coastal Management Michael F. Easley,Governor Charles S. Jones, Director IN�lliam G. Ross Jr.,Secretary 0396 February 23, 2005 MAR 0 9 2005 Morehead.City DGM MEMORANDUM: TO: Renee Gledhill-Early NC Department of Cultural Resources 0S, FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE& FILL Permit Application Review Applicant: State of North Carolina—Underwater Archeology Unit Project Location: Carteret County: On the Atlantic Ocean floor+/- 1.5 miles south of Ft.Macon State Park, +/- .5 miles west of the federally maintained channel of Beaufort Inlet Proposed Project: The applicant proposes to perform a full excavation and recovery of the remaining artifacts from the shipwreck thought to be the Queen Anne's Revenge. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 17, 2005. If you have any questions regarding the proposed project,please contact Tere Barrett at (252) 808-2808. 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 comments. SIGNED C A K _�A I,A DATE 31 r1 i)5 G0S 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer PaFEB 2 5 2-0,05 e NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management r Alv`-7,-►F ­,-- _A �� , ti DCM Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary February 23, 2005 MEMORANDUM: 47 _ x TO: Linda Lewis f_tT C�;F�I��' _� �, Noel Lutheran FEB 2 8 2005 Division of Water Quality :EiY FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: State of North Carolina-Underwater Archeology Unit Project Location: Carteret County: On the Atlantic Ocean floor+/- 1.5 miles south of Ft.Macon State Park, +/- .5 miles west of the federally maintained channel of Beaufort Inlet Proposed Project: The applicant proposes to perform a full excavation and recovery,of the remaining artifacts from the shipwreck thought to be the Queen Anne's Revenge. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 17, 2005. If you have any questions regarding the proposed project, please contact Tere Barrett at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. f_55 u_G-V 31/ / `OS This agency has no comment on the proposed project. JCS 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 //,/"-- 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources , A ■C 4...,ro0 ..itV�c� C� Division of Coastal Management � ��� Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary C��2�2324 2S2o�>�� February 23, 2005 Q FEB � MEMORANDUM: CvrF �:�:W':.i AZ,^ f TO: Maria Tripp r� . NC Wildlife Resources Commission FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: State of North Carolina—Underwater Archeology Unit Project Location: Carteret County: On the Atlantic Ocean floor+/- 1.5 miles south of Ft.Macon State Park, +/- .5 miles west of the federally maintained channel of Beaufort Inlet Proposed Project: The applicant proposes to perform a full excavation and recovery of the remaining artifacts from the shipwreck thought to be the Queen Anne's Revenge. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 17, 2005. If you have any questions regarding the proposed project, please contact Tere Barrett at (252) 808-2808. 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 comments. SIGNED dam )!f DATE f7 11,1,crr 4- 7-aoS 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper M�� °NCDENR Zoos North Carolina Department of Environment and NatutaJ, s s Division of Coastal Management � o y jrw Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary February 23, 2005 MEMORANDUM: TO: Mr. Dan Sams For Mr. James Simmons Division of Land Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: State of North Carolina— Underwater Archeology Unit Project Location: Carteret County: On the Atlantic Ocean floor+/- 1.5 miles south of Ft.Macon State Park, +/- .5 miles west of the federally maintained channel of Beaufort Inlet Proposed Project: The applicant proposes to perform a full excavation and recovery of the remaining artifacts from the shipwreck thought to be the Queen Anne's Revenge. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 17, 2005. If you have any questions regarding the proposed project,please contact Tere Barrett at (252) 808-2808. 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 comments. SIGNED DATE 1%A1*ec'4 4 20,--5 *4n ('_nnnrnerr.P Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\ FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary February 23, 2005 MEMORANDUM: TO: Maureen Meehan, District Planner Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: State of North Carolina—Underwater Archeology Unit Project Location: Carteret County: On the Atlantic Ocean floor+/- 1.5 miles south of Ft.Macon State Park, +/- .5 miles west of the federally maintained channel of Beaufort Inlet Proposed Project: The applicant proposes to perform a full excavation and recovery of the remaining artifacts from the shipwreck thought to be the Queen Anne's Revenge. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 17, 2005. If you have any questions regarding the proposed project,please contact Tere Barrett at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: � This office has no objection to the project as ro osed. c, . aVat 6t" 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. ,�oz C7J SIGNED DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper Q� c ,_ NCDENR k11I North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary.,--r v 6 February 23, 2005 MEMORANDUM: �J TO: Linda Lewis ►` Noel Lutheran Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: State of North Carolina—Underwater Archeology Unit Project Location: Carteret County: On the Atlantic Ocean floor+/- 1.5 miles south of Ft.Macon State Park, +/- .5 miles west of the federally maintained channel of Beaufort Inlet Proposed Project: The applicant proposes to perform a full excavation and recovery of the remaining artifacts from the shipwreck thought to be the Queen Anne's Revenge. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 17, 2005. If you have any questions regarding the proposed project,please contact Tere Barrett at (252) 808-2808. 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 comments. SIGNED �(,� DATE �_Z 3'U S 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary February 23, 2005 MEMORANDUM: TO: Joe Henderson State Property Office FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: State of North Carolina—Underwater Archeology Unit Project Location: Carteret County: On the Atlantic Ocean floor+/- 1.5 miles south of Ft.Macon State Park, +/- .5 miles west of the federally maintained channel of Beaufort Inlet Proposed Project: The applicant proposes to perform a full excavation and recovery of the remaining artifacts from the shipwreck thought to be the Queen Anne's Revenge. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 17, 2005. If you have any questions regarding the proposed project,please contact Tere Barrett at (252) 808-2808. 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 comments. A � am' SIGNED G- C l DATE `1 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director ti G.Ross Jr.,Secretary February 23, 2005 MAR 2 2005 MEMORANDUM: Morehead City DCM TO: Ruth Leggett Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: State of North Carolina—Underwater Archeology Unit Project Location: Carteret County: On the Atlantic Ocean floor+/- 1.5 miles south of Ft.Macon State Park, +/- .5 miles west of the federally maintained channel of Beaufort Inlet Proposed Project: The applicant proposes to perform a full excavation and recovery of the remaining artifacts from the shipwreck thought to be the Queen Anne's Revenge. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 17, 2005. If you have any questions regarding the proposed project, please contact Tere Barrett at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. L/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 1,2 / DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper WE NCDENR MAR 12005 North Carolina Department of Environment and Natural ReMcwhead City DCM Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary February 23, 2005 l'1 L5 MEMORANDUM: 02 4W TO: Patti Fowler Shellfish Sanitation SHEf.LFISH SANITATIOAr FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: State of North Carolina—Underwater Archeology Unit Project Location: Carteret County: On the Atlantic Ocean floor+/- 1.5 miles south of Ft.Macon State Park, +/- .5 miles west of the federally maintained channel of Beaufort Inlet Proposed Project: The applicant proposes to perform a full excavation and recovery of the remaining artifacts from the shipwreck thought to be the Queen Anne's Revenge. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 17, 2005. If you have any questions regarding the proposed project,please contact Tere Barrett at (252) 808-2808. 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 comments. �SIGND 2 d� DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper e�� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S.Jones,Director William G. Ross Jr., Secretary State of North Carolina - Underwater Archeology Branch February 22, 2005 Mark Wilde-Ramsing, QAR Director 3431 Arendell Street Morehead City, North Carolina 28557 Dear Mr. Wilde-Ramsing: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of state property located approximately 1 1/2 miles south of the Fort Macon State Park in Carteret County. It was received on February 07, 2005, and appears to be adequate for processing at this time. The projected deadline for making a decision is April 23, 2005. 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 75th day. If this agency does not render a permit decision within 70 days from February 07, 2005 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. An onsite inspection will be 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 a copy of my field report and/or comments from reviewing agencies. Sincerely, T. Barrett District Manager, MHC tjb Enclosure cc: Ted Tyndall, DCM Doug Huggett, DCM Henry Wicker, COE 151-B Hwy.24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper MEMORANDUM: TO: Doug Huggett FROM: T. Barrett SUBJECT: Comments and Recommendation-CAMA Major Permit Application- NC Dept pf Cultural Resources - Underwater Archeology Unit DATE: March 15, 2005 The proposal is for full recovery of the shipwreck believed to be the Queen's Anne Revenge. The following are my comments and recommendations regarding this proposal: This project will employee unusual excavation and spoil disposal methods due to the rare and fragile nature of the project. However, given the energy of the system in which the project lays, the limited amount of disturbance proposed, and the heavy, coarse bottom composition in the area, there should be no significant impacts to the system. Additionally, the "phasing" approach to the project will limit impacts. I recommend the project be authorized as proposed contingent on the following conditions: 1) Excavation will not exceed -4' maximum or -3' average below pre-project substrate level. 2) All proposed development must be done in accordance with the permitted workplat drawings dated 2/04/05. 3) Any change or changes in the plans for the development will require a re- evaluation and modification of this permit. cc: Ted Tyndall, DCM Development Type FEE DCM% DWQ% (14300 1601 4351000§3 1625 6253) (24300 1602 435100095 2341 I. Private,non-commercial development that does not involve S250 100%($250) 0%($0) the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or S400 100%($400) 0%($0) excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A,B,C,or D below applies: III(A). For Private,noncommercial development,If General water Quality $250 100%($250) 0%($0) Certification No.3301 (see attached) can be applied: III(B): For public or commercial development,if General water Quality S400 100%($400) 0%($0) Certification No.3301(see attached) can be applied: III(C). If General Water Quality Certification No.3301 (see attached) could be applied,but DCM staff determined that additional review and S400 60%($240) 40%($160) written DWQ concurrence is needed because of concems related to water quality or aquatic life: III(D). If General Water Quality Certification No.3301(se ched) $400 60%($240) 40%(S160) can not be applie IV. For development that involves the filling and/or excavation of more $475 60%($285) 40%($190) than one acre of wetlands and/or open water areas: Y NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary Carteret News Times February 22, 2005 Legal Advertisement Section PO Box 1679 Morehead City, North Carolina 28557 Re: Public Notice—NC Dept. of Cultural Resources, Underwater Archaeology Branch Dear Sir: ���� Please publish the attached Notice in the Friday, February-�', 2005, issue of the News-Times. 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 Jaye Poole, NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638, Telephone (919) 733-2293. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, 9. 0'4�7:) T. Barrett Coastal Management Representative tjb Enclosure Cc: Doug Huggett, DCM 400 Commerce Drive, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on February 07, 2005. According to said application, the Underwater Archaeology Branch of the NC Department of Cultural Resources proposes to perform recovery of the artifacts from the shipwreck believed to be the Queen's Anne Revenge. A copy of the entire application may be examined or copied at the office of Tere Barrett, NC Division of Coastal Management, located at 400 Commerce Drive, Morehead City, NC, 28557, ph. (252) 808-2808, during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 400 Commerce Drive, Morehead City, prior to March 17, 2005, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: February 25, 2005 Afflja NC®ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley, Governor Charles S.Jones, Director William G. Ross Jr., Secretary State of North Carolina - Underwater Archeology Branch February 22, 2005 Mark Wilde-Ramsing, QAR Director 3431 Arendell Street Morehead City, North Carolina 28557 Dear Mr. Wilde-Ramsing: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of state property located approximately 1 1/2 miles south of the Fort Macon State Park in Carteret County. It was received on February 07, 2005, and appears to be adequate for processing at this time. The projected deadline for making a decision is April 23, 2005. 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 75th day. If this agency does not render a permit decision within 70 days from February 07, 2005 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. An onsite inspection will be 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 a copy of my field report and/or comments from reviewing agencies. Sincerely, Barrett District Manager, MHC tjb Enclosure cc: Ted Tyndall, DCM Doug Huggett, DCM Henry Wicker, COE 151-B Hwy.24,Hestron Plaza II, Morehead City,North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Fineol Onnnrfnnihi 1 AHirm C—AnHnn Cn,nln.— Cno/ rf .. i d% enni n__a n___..-___n_.__. .N r 1 4 o I I 19A AMA PERMIT APPLI D FOR PROJECT• `�-- i i n ' COMMENTS ACCEPTED THROUGH APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: IV. &S , _ +� �Y `ZC L (C77 L,W(:� l