20110952 Ver 3_CAMA Application_20200207

0
February 7, 2020
MEMORANDUM:
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16-33)
gregg.bodnar(a)ncdenr.gov
SUBJECT: CAMA Major Modification to Permit No. 140-09
Applicant: North Carolina Division of Marine Fisheries
ROY COOPER
MICHAEL S. REGAN
seamu2,
BRAXTON DAVIS
plrectrnt 7)IVISIOIt nfCoorYnl
A9nungenunV
Project Location: Swan Island Oyster Sanctuary, Pamlico Sound, Carteret County
Proposed Project: Propose to modify Major CAMA Permit No. 140-09 by expanding the northern
boundary of the Swan Island Oyster Sanctuary and fill to enhance oyster habitat
with the creation of an artificial reef
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grego Bodnar at the address above by February, 272020. If you have any questions
regarding the proposed project, contact Shane Staples [phone] when appropriate, in-depth comments
with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
PRINT NAM
AGENCY
SIGNATURE
DATE
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.
State of Noeh Carolina I Environmental Quality I Coastal Management
400 Co ... nwce Ave. Morehead City, NC 28557 [phone]

2.
3.
4.
5.
A
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: North Carolina Division of Marine Fisheries
LOCATION OF PROJECT SITE: Carteret County, Pamlico Sound, Approximately 1.4 nautical mile NE of Point
of Marsh near the mouth of the Neuse River
Boundary Locations —
NW
— 350 05.617' N
760
27.504'
W
NE —
350 05.602' N
760
26.765'
W
SE —
350 05.485' N
760
26.764'
W
SW
— 350 05.499' N
760
27.503'
W
INVESTIGATION TYPE: CAMA and D/F
INVESTIGATIVE PROCEDURE: Dates of Site Visit — N/A
Was Applicant Present — N/A
PROCESSING PROCEDURE: Application Received - 24 January 2020
Office - Washington
SITE DESCRIPTION:
(A) Local Land Use Plan — Carteret County
Land Classification From LUP — Conservation (Water)
(B)
AEC(s) Involved: EW, PTA
(D)
Water Dependent: Yes
(D)
Intended Use: Public/Government
(E)
Wastewater Treatment: Existing
— N/A
Planned
— N/A
(F)
Type of Structures: Existing
— N/A
Planned
— Articial Reef
(G)
Estimated Annual Rate of Erosion:
N/A
HABITAT DESCRIPTION
DREDGED
[AREA]
FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
Pamlico Sound Bottom
f871,200ft2
(c) Other
(D) Total Area Disturbed: 871,200 111(20 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA-HQW, NSW
Open: Yes
PROJECT SUMMARY: The NCDMF proposes to modify Major CAMA Permit No. 140-09 by expanding the
northern boundary of the Swan Island Oyster Sanctuary located NE of Point of Marsh in the Pamlico Sound
by 20acres. The NCDMF proposes to fill approximately 10.89 acres of the 20 area with 35,000 tons of class B
limestone rip -rap to enhance oyster habitat with the creation of an artificial reef.

NC Division of Marine Fisheries
Swan Island Oyster Sanctuary Expansion Major Modification 4140-09
Carteret County
Project Setting
This is a Major Modification to CAMA Major Permit No. 140-09. The North
Carolina Division of Marine Fisheries (NCDMF) Oyster Sanctuary Program has 14 existing
Sanctuaries in the Pamlico Sound complex authorized under Major CAMA Permit No. 140-09
originally issued on November 3`d 2009 and modified by Major Modification on November 23rd
2011, November 301h 2011, February 7th 2015, and October 251h 2016. The permit has also been
modified through letters of refinement issued on August 11`h 2011. April loth 2012, December
14`h 2012, June 13'h 2013, and February 24`h 2014.
The Major Modification to Permit No 140-09 issued on October 25" 2016 included a 40-
acre area for placement of material and a 100ft buffer surrounding the sanctuary encompassing
approximately 60 acres total. The existing sanctuary is located 1.4 nautical miles NE of Point of
Marsh at the mouth of the Neuse River and contains 55,000 tons of class B limestone and 25,000
tons of class A granite. The 20-acre expansion area of the currently proposed Major Modification
would move to the northern boundary of the existing sanctuary northward 263ft which includes
the 100ft buffer. The water depths in the area are approximately -13' @ NH W, the bottom
composition is sandy mud, and does not contain existing shellfish resources or submerged
aquatic vegetation.
All existing sanctuaries permitted under Major CAMA Permit No. 140-09 are located in
waters classified SA-HQW by the Environmental Management Commission. Deep Bay (#4) and
Middle Bay (47) are both designated as Secondary Nursery Areas by the NCDMF. The areas
surrounding the sanctuaries are open to shellfishing. The waters of the proposed site are
classified SA-HQW and are currently open to shellfishing.
Project Description
The NCDMF proposes to expand the existing reef boundary for the Swan Island Oyster
Sanctuary northward 263ft for the entirety of its 3690ft in width; this will encompass an
additional 20 acres of bottom in the Pamlico Sound in Carteret County. The NCDMF proposes to
use previously approved material and methodology to offload 35,000 tons of class B limestone
rip -rap into ridges 2-4ft tall on the Sound bottom using heavy equipment and barges. All material
will be placed inside the reef boundaries with a 100ft buffer. Materials will be staged at the at the
NCDMF's South River facility prior to deployment. The proposed construction time frame in
Spring/Summer 2020.
Anticipated Impacts
The project as proposed would expand the existing boundaries of the Swan Island Oyster
Sanctuary encompassing an additional 871,200ftz (20acres) of Pamlico Sound bottom of which
474,640ft2 (10.89acres) are proposed to be filled with class B limestone rip -rap. The project
would result conversion of soft bottom habitat to hard bottom habitat and localized temporary
turbidity during construction. The project, if successful should result in additional shellfish
habitat and hard bottom habitat finfish in the Pamlico Sound.

ROY COOPER
Governor
MICHAEL S. REGAN
Secretnrr
STEPHEN W.MURPHEY
Director
NCDMF Artificial Reefs
The North Carolina Division of Marine Fisheries (NCDMF) Artificial Reef Program has
been formally operating since the 1970s and manages 68 artificial reefs and oyster sanctuaries.
Twenty-five (25) of these sites are in estuarine waters, and the remaining 43 are in ocean waters.
In 2016, the NCDMF released an artificial reef guide that outlines each of the artificial reefs and
oyster sanctuaries. This document provides material information, coordinates, and a figure of the
material on the reef site. A pdf version of the hardcopy reef guide can be found at
http://portal.ncdenr.org/c/document library/get file?uuid=24160156-4b96-49e6-9126-
4fa488b49ebb&grou12Id=38337. The NCDMF Artificial Reef Program has also developed an
interactive reef guide, set up in an ArcGIS format is available here:
https://ncdenr.maps.arceis.com/apps/webgppviewer/index.html?id=3b27e8594cb6444c88b5525b
f763aa55. The interactive guide is complete with material shapefiles, latitude/longitude
information, side -scan sonar imagery, and much more. This is available for review by the public,
state, and federal agencies.
Boundaries for each reef site were defined in a boundary packet that detailed the
coordinates of each reef, material locations, reef boundaries, and acreages of reefs and materials.
This packet was accepted by the Division of Coastal Management on July 10, 2017, and USACE
on October 25, 2017. Letters acknowledging the acceptance of this reef packet are shown in
Attachments I and 2, the relevant reef page is shown in Figure 1.
Project Background
Swan Island Oyster Sanctuary is an existing reef site located about 1.4 nautical miles NE
of Point of Marsh at the mouth of the Neuse River. Construction at this reef site was initially
permitted on October 25, 2016. The site is 60 acres in size and currently contains 55,000 tons of
class B limestone rip rap and 25,000 tons of class A granite rip rap. The reef is marked on each
corner with a 13" diameter spar buoy emblazoned with an orange diamond and the word
"REEF". MLW depth is 10 feet and this site has a vertical clearance requirement of 6 feet.
Proposed Enhancements
NCDMF proposes expanding the reef boundary northward to encompass an additional 20
acres (Figure 2). This area is composed of sandy mud bottom and does not contain any shellfish,
submerged aquatic vegetation, or other natural resources. Construction methodology will mirror
the existing practices at the reef site, with heavy equipment offloading rock from a barge to
create parallel ridges 2-4 feet tall (Figure 3). This construction is expected to occur in
Spring/Summer 2020 and will include up to 35,000 tons of class B (6-10 inch diameter)
limestone rip rap which will be staged at NCDMF's South River facility.
Deployments will follow protected species avoidance measures as outlined in the
biological opinion issued by NMFS on 10/18/19 as well as USFWS Guidelines for Avoiding
Impacts to the West Indian Manatee.
State of North Carolina I Division of Marine Fisheries
3441Arendeli Slreet I P.O.Box7641 Morehead City, North Carolina 28557
252-716 7021

MOM
epuUmoN for
Maier Development hrmft
(fast revised 12/27106)
North Carolina DIVISION OF COASTAL MANAGEMENT
?. PrimaryApplicant/ Landowner Informadon
Business Name
Project Name (if applicable)
North Carolina Division Of Marine Fisheries
Swan Island Oyster Sanctuary
Applicant 1: First Name
MI
Last Name
Jordan
S
Byrum
- i
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed,
Mailing Address
PO Box
City
State
NCDMF
269
Morehead City
NC
ZIP
Country Phone No.
FAX
No.
28557
USA 252-808-8036 ext.
252-728-9218
Street Address (if different from above) _
City
Stat,...
ZIP.
3441 Arendell Street
Morehead City
NC
28557-
Email
[e-mail]
2. Agent/Contractor fiformadon
Business Name
Agent/ Contractor 1: First Name
MI
Last Nam
/7
i
N
N A
— -.
Agent/ Contractor 2: First Name
MI
Last Name
MailingAddress n
PO Box/ City
A
N/ State//
ZIP
Phone No 1
Phone No. 2
FAX No.
Contractor#
Street Address (ifdiN rent from above)
114
City State ZIP
Email
<Form continues on back>
252-808.2808 :: 1.888.4NCOAST :: www,nccoastalmanagement.net

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
- - - -
Street Address
----- ------ .
State Rd. #
Carteret
N/A
N/A
Subdivision Name
City
State
Zip
N/A
N/A
NC
NIA -
Phone No.
Lot No.(s) (if many, attach page with list)
- N A ext.
^additional
, ,(// %4
a. In which INC river basin is the project located?
b. Name of body of water nearest to proposed project
Neuse
Pamlico Sound
c. Is the water body identified in (b) above. natural or manmade?
d. Name the closest major water body to the proposed project site.
NNatural ❑Manmade ❑Unknown
Pamlico Sound.
a. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
❑Yes NNo
work falls within.
NIA
4. Site Description -------- -- --- --
a.
Total length of shoreline on the tract (ft.) -
In. Size of entire tract (sq.R.)
N/A
871,200
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
- //�
/„
NWL (normal water IeveQ
(If many lot sizes, please attach additional page with a list)
-13 NNHW or ❑NWL
'., e.
Vegetation on tract
None
i
f.
Man-made features and uses now on tract
None
g.
Identify and describe the existing land uses adiacent to the proposed project site.
Public trust waters used for numerous recreational and commercial activities (fishing, transportation, etc.), as well as 60
acres of recently created oyster habitat.
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
N/A
(Attach zoning compliance certificate, if applicable)
❑Yes ❑No NNA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo
k.
Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes []No NNA
If yes, by whom?
1.
Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo ❑NA
National Register listed or eligible property?
<Form continues on next page>
252.808.2808 .. 1.888.4RCOAST .. www.nccoastalmanagement.net

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? []Yes NNo
(ii) Are there coastal wetlands on the site? ❑Yes NNo
(m) If yes to either (it or (ii) above, has a delineation been conducted? []Yes NNo
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
N/A
o. Describe existing drinking water supply source.
N/A
p. Describe existing storm water management or treatment systems.
N/A
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use? ❑Commercial ®PubliclGovernment
(]Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
Oyster sanctuaries are a restoration strategy employed by NCDMF to place hard substrate on the bottom where oyster spat
will attach, grow, reproduce, and enhance natural oyster populations. This boundary expansion will allow 20 more acres of
_
hard substrate which,will grow oysters, provide habitat for numerous finfish species, provide recreational fishing
-
opportunities, and support natural oyster populations in Pamlico Sound:
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Large aggregate rock (limestone, granite, or recycled concrete rip rap) is typically used for oyster restoration activities. This
will be delivered and stored at a State-owned facilely, loaded onto a barge, and o0loaded in large ridges using heavy
equipment (excavators/front end loaders). Each load is approximately 1200.1500 tons and deployment is observed by
NCDMF staff to ensure it remains inside permitted boundaries and meets navigational clearance requirements.
d.
List all development activities you propose.
Place up to 35,000 tons of rip rap (limestone, granite, or recycled concrete) on 20 acres of unstructured bottom for oyster
restoration. This 20 acre tract is immediately adjacent to an existing 60 acre oyster restoration project.
e.
Are the proposed activities maintenance of an existing project, new work, or both? Both
f.
What is the approximate total disturbed land area resulting from the proposed project? 20 acres of bottom ❑Sq.Ft
or ®Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area ®Yes NNo []NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
N/A
t
Will wastewater or stormwater be discharged into a wetland? ❑Yes NNo ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes NNo [RNA
j.
Is there any mitigation proposed? ❑Yes NNo ❑NA
If yes, attach a mitigation proposal.
<Form continues on back>
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Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. AddiUonallnformadon
In addition to this completed application form, (MP-1) the following dams below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application
instruction booklet on haw to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d, A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
t A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Phone No -
Address
Name Phone No.
Address
Name Phone No.
Address
fig. A list of previous state or federal permits issued for work on the project trail. Include permit numbers, permihee, and issuing dates.
Major Permit 140.09 issued October 25. 2016
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
I. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10), it necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. Certication and Permission to Enter on Land I
I understand that any permit issued in response to this application will allow only the development described In the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the] information provided in this application is truthful to the best of my knowledge.
Date ` ZV 19 Print Name
Signature
Please indicate application attachments pertaining to
NDCM MP-2 Excavation and Fill Information
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures Information
led project.
❑DCM MP-5 Bridges and Culverts
252-808.2808 .. 1.888.4RC OAST .. www.ncc oas t a i ma na genie n t.net

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-i. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Channel
(NLW or
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
Other
(excluding
shoreline
stabilization
Length
3690 ft
Width
236
CAvg. Existing
Depth
NA
NA
13 ft
f-._.
Final Project
._...
NA
NA
6 it
L Depth
1. EXCAVATION ®This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards. _
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected
❑CW ❑SAV ❑SB _
OWL ❑None
(ii) Describe the purpose of the excavation in these areas:
2. DISPOSAL OF EXi
a. Location of disposal area.
d. High -ground excavation in cubic yards.
b. Dimensions of disposal area.
gThis section not applicable
c. (i) Do you claim file to disposal area? d. (i) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA ❑Yes ❑No ❑NA
oil If no, attach a letter granting permission from the owner (ii) If yes, where?
e. (i) Does the disposal area include any coastal wetlands/marsh I. (i) Does the disposal include any area in the water?
(CW), submerged aquatic vegetation (SAV).. shell bottom (SB), Oyes ONO ❑NA
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected (ii) If yes, how much water area is affected?
❑CW ........_ ❑SAV Elsa
OWL ❑None
(ii) Describe the purpose of disposal in these areas.
252.808.2808 :: 1-888-4RCOAST :: www.nccoastaimatiagement.net revised: 12,26:06

Form DCM MP-2 (Excavation and Fill, Page 2 of 2)
3. SHORELINE STABILIZATION ®This section not applicable
(If development is a wood groin, use MP-4 - Structures)
a. Tvoe of shoreline stabilization: h I enNh
❑Bulkhead ❑Riprap ❑BreakwaterlSill ❑Other. -
c. Average distance waterward.of NHW or NWL:
e. Type of stabilization material.
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill Riprap
Breakwater/Sill Other_
I . Source of rill material.
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? Ayes ❑No ❑NA
If yes.
(,I) Amount of material to be placed in the water Up to 36 000
tons of rip rap material (limestone granite, or regycled
concrete
(ui) Dimensions of fill area 20 acres (236It x 3690 h)
(IV) Purpose of fill
Oyster restoration adjacent to an existing oyster sanctuary
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
--
c (i) Will navigational aids be required as a result of the project?
PgYes []No ❑NA
(it) If yes, explain what type and how they will be implemented.
rc ,
)h oA r.'k
Date
Width:
d. Maximum distance waterward of NHW or NWL.
f. (i) Has there been shoreline erosion during preceding 12
months?
[]Yes []No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of till material.
[I This section not applicable
In (i) Will fill material be placed in coastal wetlands/marsh (CW).
submerged aquatic vegetation (SAV), shell bottom (SB). or
other wetlands ^)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ®None
(it Describe the purpose of the fill in these areas.
b. What type of construction equipment will be used (a g., dragline
backhoe. or hydraulic dredge)?
d (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes We ❑NA
(it) If yes. explain steps that will be taken to avoid or minimize
environmental impacts.
Applicant Name
C)luc..T-Dti~ld Applicant
Project Name_-__----
252.808.2808 :: 1-8884RCOAST :: www.pccoastalmnnagemon Lnet revised: 12 26 06

Figure 1. Swan Island Oyster Sanctuary from boundary reconciliation document accepted by
NCDCM and USACE
OS-15 Swan Island
i;
•�
1
�n
d
N
A
1 A nautical miles NE of Point of Marsh
No proposed changes
Boundary Information:
NW
35' 05.61T N
76' 27.504' W
NE
35' 05.602' N
76' 26.765' W
SE
35' 05.485' N
76' 26.764' W
SW
35' 05.499 N
76' 27.503' W
Site
60.31 acres
Material
0 acres
Figure Prepared 4/0117
0 760 1.6m 3.000 Feet
Permits:
CAMA
140-09
USACE
SAW-201&-01712
Site Depth
111 ft.
Min. Vertical Clearance
Eft.
Clearance Verification
N/A
Ensting Material
3anctuary8oundary
lMiQe Woimn a.

Figure 2. General location of reef site in inset maps. Boundary expansion information in the large map. The expanded area measures 236ft x 369011
(871,200 sqft or 20 acres)
Swan Island Boundary Modification
35` 5.655' N 35' 5.641' N N
76° 27.504' W 3690 feet 76° 26.765' W
236 feet
35° 5.617' N _ 35' 5.602' N
76° 27.504' W 76° 26.765. W
»- - -
r
35° 5.499' N 35° 5.465' N
76' 27.503' W 76' 27.764' W
o u W 1n no M
M.
• Sanctuary Comers X Original Corners
— New Boundary — Original Boundary
0 New Buffer Deployment Area F. r�
Deployed Material _
Figure Date: 121512a19

Figure 3. Profile view of reef site depicting ridge of deployed material with reference buoys to
guide deployments.