Loading...
HomeMy WebLinkAbout20200865 Ver 1_CAMA Application_20200630NORTH CAROLINA Environmental Quality June 30, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregq.bodnar(cDncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: North Carolina Division of Mitigation Services Project Location: Tar/ Pamlico River Basin, Hyde County Proposed Project: To create a 42-acre oyster sanctuary ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grep_p Bodnar at the address above by July 21, 2020. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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 NAME 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 North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 ROY COOPER Govenmr MICHAEL S. REGAN Sutoelm'y BRAXTON DAVIS Uire<hu', Ul rv.vinn uj('nasial kfun,genrenr June 30, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-1 B-33) rg�.bodnaKa ncdenr oov SUBJECT: CAMA Major Permit Application Review Applicant: North Carolina Division of Mitigation Services Project Location: Tar/ Pamlico River Basin, Hyde County Proposed Project: To create a 42-acre oyster sanctuary Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by July 21, 2020. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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 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 Nonh Carolina I Emironmental Quality I Coastal Management 400 Commerce Aee. Morehead City, NC 28557 (252) 808.2808 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: North Carolina Division of Mitigation Services 2. LOCATION OF PROJECT SITE: Hyde County, Pamlico Sound, Approximately 3 nautical miles South of Long Point along the edge of Gull Shoal Boundary Locations (State Plane) — N W — N: 610985 E: 2901323 NE — N: 610985 E: 2903628 SE— N:607927 E:2903628 S W — N: 607927 E: 2901323 3. INVESTIGATION TYPE: CAMA and D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— N/A Was Applicant Present — N/A 5. PROCESSING PROCEDURE: Application Received Complete - 28 May 2020 6. SITE DESCRIPTION: Office - Washington (A) Local Land Use Plan — Hyde County Land Classification from LUP—N/A (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 — Artificial Reef (G) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands (B) Non -Vegetated Wetlands f252,00ft2 (c) Other (D) Total Area Disturbed: 252,000 ftz (5.5 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-HQW, NSW Open: Yes 8. PROJECT SUMMARY: The NCDMS proposes to create a 42-acre oyster sanctuary as mitigation for habitat sites 10-acres and 32 acres respectively. The 60 reef structures will consist oimpacts associated with the USACE expansion of Wanchese Harbor. The sactuary will consist of two sub- f granite rip -rap placed on soft bottom of the Pamlico Sound and each will be 150' long x 28' wide and 5' high. NC Division of Mitigation Services Pamlico Sound Oyster Mitigation Site Hyde County Project Setting The North Carolina Division of Mitigation Services has been allotted fund by the U.S. Army Corps of Engineers to design and build an artificial oyster sanctuary in the Pamlico Sound. The sanctuary will serve as mitigation for the habitat impacts associated with the deepening of Wanchese Harbor as part of the Shallowbag Bay navigation project. The 42-acre mitigation site is located in the open waters of the Pamlico Sound approximately 3 miles south of Long Point in Hyde County on Gull Shoal. The 42-acre site is divided into two sub -sites 10 acres and 32 acres respectively separated by approximately 500 feet. The water depths in the location of the artificial reefs structures range from 12 to 15 deep and the bottom composition is comprised of sand and other soft sediment. The waters of the Pamlico Sound at the project site are classified SA-HQW by the Environmental Management Commission. The Marine Fisheries Commission classifies the area as a Secondary Nursery Area and the area is open to the harvest of shellfish. Proiect Description The NCDMS proposes to create a 42-acre oyster sanctuary in the Pamlico Sound approximately 3 miles south of Long Point. The project will consist of two main areas along Gull Shoal 10-acres and 32-acres respectively. The artificial reef design will consist of 60 individual structures constructed of class A and class 1 granite rip rap. Each structure will be 150' long x 28' wide and have a trapezoidal cross-section with a maximum height of 5 feet. All structures follow design criteria used by the NC Division of Marine Fisheries for artificial reef/oyster sanctuaries with methodology approved by multiply state and federal agencies as laid out in the provided Environmental Assessment. Materials for the artificial reef will be staged at 114 Hill Street in Engelhard, NC on a parcel that is owned by the Wanchese Seafood Industrial Park. Anticipated Impacts The project as proposed would create a new oyster sanctuary encompassing 42-acres of Pamlico Sound bottom of which 252,OOOft2 (5.5-acres) are proposed to be filled with granite 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 for finfrsh in the Pamlico Sound. 4700 Falls of Neuse, Suite 300 MIARaleigh, NC 27609 m o f f a t t & N c h o l (919) 781-4626: (919) 781-4869 w .moffatnichol.com March 26, 2020 Mr. Shane Staples Division of Coastal Management NC Department of Environmental Quality 943 Washington Square Mall Washington, NC 27889 (252) 948-3851 shatie.staples@ncdent.gov Subject: NC Division of Mitigation Services Pamlico Sound Oyster Sanctuary Mitigation Project Dear Mr. Staples: The Division of Mitigation Services (DMS) has been allotted funds from the U.S. Army Corps of Engineers to design and build an artificial oyster reef sanctuary in Pamlico Sound, North Carolina. The reef sanctuary is intended to satisfy mitigation requirements for habitat impacts associated with the deepening of Wanchese Harbor, a component of the Manteo (Shallowbag) Bay navigation project. The proposed project will provide 42 acres of oyster habitat in the vicinity of Gull Shoal. DMS has prepared an environmental assessment (EA) to provide information in support of an application for a Coastal Area Management Act (CAMA) Major Permit from the NC Division of Coastal Management (DCM). The EA is included as an attachment to the application. Further details on the project are available in the attached application and accompanying documentation. If you have any questions on this project, please call us at 919-781-4626, or email me at Tkennedy@moffattnichol.com. Sincerely, Moffatt & Nichol 9'--?z5- J Todd Kennedy, PH, QEP Project Manager Enclosures RECEIVED MAY 2 S 2020 DCM-WARO AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: North Carolina Division of Mitigation Services Mailing Address: 1652 Mail Service Center Raleigh NC 27699-1652 Phone Number: 919-707-8319 Email Address: lin.xu(aD-ncdenr.gov I certify that I have authorized Moffatt & Nichol Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: NC DMS Pamlico Sound Oyster Reef in Hyde County. l furthermore certify that / am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Signature �t � )(l- �s Print or Type Name /j / -/- RECEIVED Date MAY 2 8 2020 This certification is valid through /-�? / 3% 1 -2 D-" 6 DCM_WARO NC Division of Mitigation Services Pamlico Sound Oyster Sanctuary Mitigation Site CAMA Permit Narrative Project Purpose, Need, and Scope The North Carolina Division of Mitigation Services (DMS) has been allotted funds by the U.S. Army Corps of Engineers (USACE) to design and build an artificial oyster sanctuary in Pamlico Sound, North Carolina. The sanctuary is intended to satisfy mitigation requirements for habitat impacts associated with the deepening of Wanchese Harbor, a component of the Manteo (Shallowbag) Bay, North Carolina navigation project. It will provide 17 hectares (42 acres) of oyster habitat. The project consists of creating a new, subtidal oyster sanctuary located in the open waters of the Pamlico Sound approximately 4.8 kilometers (3 miles) due south of Long Point in Hyde County (Figure 1). The location is near a significant shoal formation called Gull Shoal. One new sanctuary site is proposed with two subareas: one that is approximately 4 hectares (10 acres) in size and the other totaling 13 hectares (32 acres). The two subareas are separated by approximately 152.4 meters (500 feet). The permitting area for the project surrounds the two subareas and is approximately 65 hectares (161.8 acres) in size. Figure 1. Location map for Pamlico Sound Oyster Reef The design calls for 60 individual reef structures that are trapezoidal in shape with dimensions of 45.7 meters by 8.5 meters (150 feet by 28 feet) and totaling 2.23 hectares (5.5 acres) of footprint. Each structure includes a 0.3-meter (I -foot) bedding stone layer of NC Department of Transportation (NCDOT) Class A rip rap (granite) placed on the sound floor to minimize settlement. Layered on top of the bedding stone is RECEIVED MAY 2 8 2020 DCM-WARO DMS Pamlico Sound Oyster Sanctuary Mitigation Site CAMA Permit Narrative 1.2 meters (4 feet) of NCDOT Class 1 rip rap or a maximum height of 1.5 meters (5 feet). Individual structures are separated by 23 meters (75 feet). See design plans for additional details (Attachment A). Currently there are soft bottom sediments at the site. This habitat will be replaced by 2.23 hectares (5.5 acres) of oyster reef based on reef structure footprint. There are no hard bottom, submerged aquatic vegetation (SAV), oyster reef, primary nursery areas (PNAs), wetlands, or other benthic habitat at the site. The primary purpose and need of the project (i.e., the Preferred Alternative) is to construct a 17-hectare (42-acre) artificial oyster sanctuary to serve as Estuarine Subtidal-Mollusk habitat mitigation for wetland impacts stemming from the dredging of Wanchese Harbor. In addition, the project will address oyster population decline and the lack of oyster larval supply in the Pamlico Sound, while also providing long- term environmental benefit and ecosystem services. An environmental assessment (EA) was prepared to support the evaluation of alternatives and analysis of potential impacts. The document is provided as an attachment to the permit application (Attachment B). In addition to the primary purpose of the project, the sanctuary helps to address the overall need to restore oyster populations in the Pamlico Sound. Oyster populations have declined in North Carolina waters as a result of overharvest, habitat destruction, disease, and pollution (DMF, 2001; Denton et al., 2010). Restoration of eastern oysters, Crassostrea virginica, is needed in the Pamlico Sound to address this decline given the important role of oysters for healthy estuarine ecosystem function. Some of the most important ecosystem services include enhancing estuarine biodiversity, increasing production of fish and invertebrates, improving water quality by filtering sediment and microalgae, and stimulating denitrification (Dame et al., 1984; Lenihan & Peterson, 1998; Nelson et al., 2004; Newell et al., 2002; Peterson et al., 2003; Powers et al., 2009). Oyster reefs also benefit recreational and commercial fisheries (i.e., finfish species) and other marine species by providing habitat, refuge, and feeding opportunities (DMF, 2015). The Division of Marine Fisheries (DMF) and their partners have been developing oyster sanctuaries across the Pamlico Sound to promote high density broodstock that provide oyster larval production and distribution among the larger ecosystem as part of the Oyster Sanctuary Program (DMF, 2015). To date, DMF and their partners has been involved in the development of more than 15 oyster sanctuaries, some under development, across the Pamlico Sound region. Larval availability has been traditionally lower in the western Pamlico Sound. DMF's long-term plan is to develop additional reef sites that would contribute to the macro -scale larval supply in the region. Construction Methodology Reef Construction Artificial oyster reef structures will be deployed using barges at least 200 feet by 50 feet. Rock material will be placed in the water directly offthe barge with a bobcat or front-end loader in the locations designated in the engineering plans. Excavators and long reach equipment will be available in the working area to reposition any rock material that is misaligned. Stockpile Site Several potential stockpile sites were investigated in Hyde County. The focus of the search was to find state or county -owned land that had at least 0.5 acres available and access to a navigable waterway. Out of four potential sites investigated, the Engelhard site is being carried forward for permitting. See Figure below. RECEIVED MAY 2 S 2020 0CM-WAR® DMS Pamlico Sound Oyster Sanctuary Mitigation Site CAMA Permit Narrative Figure 2. Stockpile site map The Wanchese Seafood Industrial Park's address is 114 Hill Street in Engelhard. In total the property is about 3.2 hectares (8 acres) in size, a half -acre section in the southwest corner of the property has been identified as a suitable stockpile site. There is a paved road that goes down the middle of the property which would allow for easy access to the site from land. The half -acre stockpile area has been placed well outside of the 75-foot zone bordering the estuarine open water Area of Environmental Concern (AEC). Half of the property has a building on it, which is being leased to a tenant. Use of this site should not interrupt the daily operations for the tenant on the other side of the property. The property is situated off Far Creek which is a United States Army Corps of Engineers maintained harbor. This suggests the site would provide sufficient navigation depth for a barge. The widest part of Far Creek harbor is about 76 meters (250 feet), which would not allow for a 61-meter (200-foot) long barge to turn around. The site presents waterfront access issues with the presence of four abandoned trawlers lining the waterfront of the property. The trawlers are made of wood and steel and are about 24 meters (80 feet) long. The waterfront of the property is also lined with an old pier/boardwalk and pilings which would likely need to be removed by the contractor. A letter of consent for use of the property is attached (Attachment Q. Reef construction materials will be brought to the site in metal bins and will not be piled loosely in the stockpile area. The metal bins will be lifted either with a crane or bobcat for placement on the barge. RECEIVE® MAY 2 S 2020 CCM-WARO DMS Pamlico Sound Oyster Sanctuary Mitigation Site CAMA Permit Narrative Environmental Concerns Water Quality The placement of stone at the reef site will result in minor turbidity increases during construction. However, this will remain localized and temporary. The proposed action will not contribute to point or non -point sources of pollutants and will not have long-term adverse impacts on water quality. Establishment of oysters on these constructed reefs will have positive benefits to water quality and no long-term, adverse impacts are expected. SAV DMF defines SAV as rooted plants that remain submerged during all tidal fluctuations. North Carolina has eight plant species that can be found in SAV beds. In North Carolina, SAV is usually found in waters that are less than 2 meters (6 or 7 feet) deep due to turbidity and sunlight penetration. A review of available SAV data from the Albemarle -Pamlico National Estuary Partnership (APNEP) at its online mapping tool (hnp://portal.ncdenr.org/web/apnep/sav-map) indicates that the closest SAV to the project area is approximately 6.4 kilometers (4 miles) away within Wysocking Bay. In addition to a review of APNEP data, diver surveys were conducted by the University of North Carolina at Wilmington (UNCW) Center for Marine Science (CMS) on March 8, 2019 and April 25, 2019. Divers swam a total of 16 transects, all 164 feet (50 meters) long, in two different target subareas to determine bottom habitat composition. They made note of the bottom habitat every 5 meters (about 16 feet). The divers did not locate any SAV beds within the project area, and therefore the preferred alternative is not expected to have any impacts on SAV habitat. Essential Fish Habitat and Manaeed Soecies Essential Fish Habitat (EFH) types located within the project area include Aquatic Bed (Tidal Freshwater) and Estuarine Water Column/Creeks. Aquatic bed habitats in the project area include the soft bottom substrate of the Pamlico Sound. This habitat type is comprised of sand as well as inorganic muds, organic muds, and peat. Nutrients for this habitat type are typically provided by riverine sources and transported via wind tides in addition to lunar tidal exchange. The abundance of benthic macroalgae in this habitat supports a high diversity of invertebrates that are an important fishery food source. Although SAV are not present within the project area, this habitat can typically support SAV populations. The estuarine water column extends from the estuarine bottom to the surface waters and is characterized by the oligohaline (estuarine) waters present in Pamlico Sound with seasonally variable salinity levels. Distinct zones within the water column can be defined by parameters such as salinity, temperature, and DO. Water column zonation continually fluctuates and is a function of tidal dynamics, season, nutrient levels, and ocean proximity. Fish and shellfish often exploit distinct resources within the water column based on species - specific diet, behavior, and morphology. The Preferred Alternative would likely result in primarily short-term, localized, and temporary adverse effects to EFH and managed species, but project design, implementation, and construction measures under consideration would keep these impacts to a minimum, as well as reduce the possibility of any permanent, long-term impacts. Short-term impacts would include increased turbidity, siltation, and noise from construction activities. Most managed species found in this area though are highly mobile and would be able to escape construction disturbance and eventually return to the area post -construction. Aquatic substrate impacted by siltation should recover after construction, and turbidity would be limited to the immediate construction area. The project will convert soft bottom habitat to oyster reef habitat. Over time this will result in increased species diversity for fish. RECEIVED MAY 2 S 2020 DCM-WARO DMS Pamlico Sound Oyster Sanctuary Mitigation Site CAMA Permit Narrative NOAA/NMFS has jurisdiction over seven protected marine species that maybe found in the Pamlico Sound and adjacent waters. These species include Atlantic sturgeon, shortnose sturgeon, Kemp's ridley sea turtle, green turtle, leatherback turtle, loggerhead turtle, and hawksbill turtle. All seven of these species have potential habitat within the project area for the Preferred Alternative. There are no anticipated impacts from the Preferred Alternative on NOAA/NMFS managed species. Moffatt & Nichol will ensure that conservation measures follow the recently approved DMF programmatic consultation for statewide reef development (NOAA, 2019), thus there will be no adverse impacts anticipated for NOAA/NMFS managed species. The spacing between the reef structures will allow for adequate movement for NOAA/NMFS managed species, and any impacts resulting from construction would likely be temporary. In addition, because this project takes place completely in -water, no USFWS- listed species will be impacted. Wetlands There will be no anticipated impacts to CAMA-managed coastal wetlands at the Engelhard stockpile site, as the work will occur entirely within upland areas. Coastal wetland absence at the site was confirmed with GIS data as well as personal communication with Division of Coastal Management staff on December 9, 2019. The stockpile area at the Engelhard stockpile site will be placed well outside of the 75-foot boundary from the estuarine waters AEC. State Historic Preservation Office SHPO) Pursuant to Section 106 and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800, the North Carolina State Historic Preservation Office (SHPO) conducted a review of the proposed project and is not aware of any historic resources which would be affected by the proposed project; therefore, the proposed project to construct an oyster reef will not adversely impact any cultural or historic resources. A non-SHPO resource sunken vessel is located within the reef layout area in Pamlico Sound and will need to be removed prior to reef construction. No dredging or alterations to the substrate will occur as a result of removing the vessel. Cumulative Impacts Cumulative impacts will be positive since this project contributes to part of the proposed larval highway ton increase oyster productivity throughout the Pamlico Sound in keeping with DMF goals. The reef is expected to promote ecosystem services such as improving water quality, providing habitat for other aquatic species, and improving opportunities for recreational fishing. SEPA The State Environmental Policy Act (SEPA) applies for any project that meets all three of the following criteria, an environmental document must be prepared: 1. An expenditure of $10 million in funds provided by the state of North Carolina for a single project or action or related group of projects or action Or 2. Land -disturbing activity of equal to or greater than 10 acres of public lands resulting in substantial, permanent changes in the natural cover or topography of those lands (or waters) RECEIVED MAY 2 8 2020 DCM-WARO DMS Pamlico Sound Oyster Sanctuary Mitigation Site CAMA Permit Narrative 3. An action by a state agency, and Has a potential detrimental environmental effect upon natural resources, public health and safety, natural beauty, or historical or cultural elements, of the state's common inheritance. This project is not subject to SEPA (personal communication, Lyn Hardison, 5/31/2019) Conservation Measures In developing the Pamlico Oyster Reef, DMS will implement the following conservation measures which are based on measures developed by DMF, NOAA, and USACE as part of the programmatic consultation for DMF's artificial reef program (NOAA, 2019)). The Permittee shall follow the NMFS Sea Turtle and Smalltooth Sawfish Construction Conditions, dated March 23, 2006, and will apply these measures to further reduce interaction risk and require all construction workers to watch for all ESA -listed species. Operation of any mechanical construction equipment will cease immediately if a protected species is seen within a 50-foot radius of the equipment. Deployment activities will cease immediately if Endangered Species Act (ESA) -listed species are sighted within 50 feet of the construction area and will not recommence until the protected species observer reports that the ESA -listed species has left the area under its own volition. DMS in consultation with DMF, DCM, USACE and other state and federal agencies has selected granite rip rap (Class 1 and Class A) as the construction material. These materials meet the following guidelines: • DMF Guidelines and Specifications for Acceptable Reef Materials, which were created using guidance from internal studies. • Atlantic States Marine Fisheries Commission (ASMFC)/Gulf States Marine Fisheries Commission (GSMFC) Guidelines for Marine Artificial Reef Materials. • USEPA National Guidance: Best Management Practices (BMPs) for Preparing Vessels Intended to Create Artificial Reefs. • NOAA/NMFS National Artificial Reef Plan and artificial reef guidance. In addition, DMS will adhere to the following permit conditions set forth in in the Corps' Regional General Permit 198500194 and Programmatic General Permit 1980002911, the DMF Special Conditions, as amended by NMFS's recommended project design criteria's (PDCs) as follows: 1. Any deployment of reef materials must comply with: a. Maximum speed for all vessels involved in placing the reef material is 10 knots. b. Deployments will be conducted during daylight hours when lighting, weather, and sea conditions allow for visual monitoring of the project area. c. Deployment: Deployment activities will not commence until the project supervisor reports that no sea turtles, marine mammals (North Atlantic right whales have additional restrictions listed below), or other ESA -listed species have been sighted within 91.4 meters (300 feet) of the active deployment site (i.e., barge carrying material or moored vessel to be scuttled) for at least 60 minutes. Deployment activities will cease immediately if sea RECEIVED MAY 2 8 2020 DCM-WAR® DMS Pamlico Sound Oyster Sanctuary Mitigation Site CAMA Permit Narrative turtles, marine mammals, or other ESA -listed species are sighted within 91.4 meters (300 feet) of the active deployment site. Deployment activities will not recommence until the project supervisor reports that no sea turtles, marine mammals, or other ESA -listed species have been sighted for at least 60 minutes. DMF and its designees are also required to participate in the Right Whale Early Warning System to protect North Atlantic right whales. If a right whale or any other species of whale is reported within the area, then the contractor will be required to follow the enclosed NMFS's Southeast Region Vessel Strike Avoidance Measures and Reporting for Mariners (revised February 2008) (Appendix B), except where specific measures below are in conflict, in which case the measures in this Opinion govern (e.g., a speed restriction to a maximum of 10 knots (kt) at all times in right whale calving areas [i.e., federally -protected areas off the southeastern U.S. coast designated and implemented for the protection of right whales and their calves during their calvingimigration season] for vessels 19.8 meters (65 feet) in length or greater). By law, vessels shall maintain a 457.2-meter (500-yard) buffer between the vessel and any North Atlantic right whale [as required by federal regulation 50 CFR 224.103 (c)]. 2. Vessel Movement: If a sea turtle, giant manta ray, oceanic whitetip shark, or marine mammal is seen within 91.4 meters (300 feet) of the vessel, all appropriate precautions shall be implemented to avoid a collision (for North Atlantic right whale regulations require maintaining a distance of 457.2 meters or 1500 feet). These precautions shall include cessation of any vessel movement when closer than 15.24 meters (50 feet) of a sea turtle, giant manta ray, oceanic whitetip shark, or marine mammal (excluding at times when movement is required for safe navigation [e.g., transiting inlets]). Operation may not resume until the protected species has departed the immediate area of its own volition. a. All vessels: i. Marine mammals (i.e., dolphins, whales [other than North Atlantic right whales], and porpoises) and sea turtles: Maintain a minimum distance of 91.4 meters (300 feet). ii. North Atlantic right whale: Maintain a minimum 457.2-meter (1,500-foot) distance (500 yards). iii. Vessels 19.8 meters (65 feet) in length or longer must comply with the Right Whale Ship Strike Reduction Rule (50 CFR 224.105) which includes reducing speeds to 10 knots or less in Seasonal Management Areas (http://www.fisheries.noaa.gov/pr/shipstrike/). iv. Mariners shall check various communication media for general information regarding avoiding ship strikes and specific information regarding right whale sightings in the area. These include NOAA weather radio, USCG NAVTEX broadcasts, and Notices to Mariners. v. Reduce speed to 10 knots or less when mother/calf pairs or groups of marine mammals are observed, when safety permits. 3. Reef structures shall be sited and installed in accordance with the permitted boundaries and site clearances. New reef sections are limited to 1 reef section measuring %4- by '/4-nmi area (40 ac) in size with a distance of 152.4 meters (500 feet) between each section. Offshore reefs shall maintain RECEIVE® MAY 2 8 2020 CCM-WARD DMS Pamlico Sound Oyster Sanctuary Mitigation Site CAMA Permit Narrative a minimum vertical clearance of twice the height of the structure from the top of the deployed material relative to the mean low water (MLW) at all times. 4. Reef structures shall not be placed on natural hard -bottom habitat. No artificial reef materials shall be deployed until a benthic assessment of the bottom conditions has been accomplished by diver (Note, that this has been accomplished through surveys by Geodynamics and UNCW), submersible video camera, or sidescan sonar. The inspection of the deployment area may occur at the time of deployment but no more than I year prior to deployment. The permittee shall maintain a deployment buffer of at least 60.96 meters (200 feet) from any submerged aquatic resources, including seagrasses, macroalgae, hard or soft coral (including coral reefs), sponges, oysters, or hard bottom when placed in areas of sand. If materials are off-loaded from a barge or placed in areas that may generate turbidity (e.g., areas with fines or muck), a 152.4-meter (500-foot) buffer is required. 5. Materials should be of sufficient size and relative' density to not move from the reef site post - deployment and be clean and free from asphalt, creosote, petroleum, other hydrocarbons and toxic residues, loose free-floating material or other deleterious substances. 6. The use of explosives to deploy materials is not authorized. 7. Reef materials shall be selected to ensure that ESA -listed species do not become entrapped in reef structures, or entangled in debris (e.g., abandoned fishing tackle, nets, and lines) that may accumulate on artificial reefs: a. Materials used for artificial reef building shall conform to the recommendations in the National Artificial Reef Plan (as Amended): Guidelines for Marine Artificial Reef Materials, Second Edition (ASMFC and GSMFC 2004). Except that derelict automobiles shall not be used and derelict vessels and military surplus shall have openings on all exposed sides adequate to prevent entrapment of ESA -listed species. Openings will be sufficient of sufficient size and quantity to allow for several points of egress for sea turtle species that may enter the structure. b. Military surplus and vessel structures such as ladders, rails, booms, antennas, etc. will be removed to reduce the potential accumulation of abandoned fishing tackle and lines. For all secondary -use, recycled concrete and similar materials, all steel reinforcement rods (rebar) must be cut at the base of the concrete so that no metal protrudes from the concrete's surface. 8. During regularly scheduled reef assessments, staff will make reasonable attempts to clean reef materials of debris, without compromising the safety of the crew and divers. For example, precluding conditions might involve low visibility or high current, which may present diver safety issues and increase the potential of divers being entangled or snagged. The Permittee will send confirmation of cleanup to NMFS's Southeast Regional Office (takereport.nmfsser@noaa.gov), including dates of cleanup efforts and results of the clean-up. 9. All material placed to construct reefs (specifically designed reef modules) will be selected and placed to avoid the movement of reef materials due to sea conditions or currents. The Permittee (i.e., DMS) will be responsible for any materials which are moved by sea conditions or which break loose from reefs, and the Permittee will be responsible for any damage caused by such materials. No individual artificial reef component (i.e., prefabricated module, concrete piece, etc.) will weigh less than 500 pounds, with the exception of materials deployed directly by authorized county or RECEIVED 8 MAY 2 8 ZOZO DCM-WARO DMS Pamlico Sound Oyster Sanctuary Mitigation Site CAMA Permit Narrative state programs in low -energy environments (e.g., Reef Ball "Bay Ball" or "Mini -Bay Ball" in shallow estuaries or bays). The permittee shall not deploy artificial reef materials until an assessment of the bottom conditions has been accomplished by diver, submersible video camera, or sidescan sonar. (Note, that this has been accomplished through surveys by Geodynamics and UNCW). The inspection of the deployment area may occur at the time of deployment but no more than 1 year prior to deployment. No artificial reef material will be deployed in any nearshore area 335.3 meters (1,100 feet) of any identified sea turtle nesting beach that predominantly consists of sandy benthic habitat. No emergent artificial reef material will be authorized in identified loggerhead sea turtle nearshore reproductive critical habitat areas. Any artificial reef material deployed within these critical habitat areas and within 335.3 meters (1,100 feet) of the beach at MLW) must provide at least 1.2 meters (4 feet) of surface clearance at MLW, a maximum reef section length of 15.24 meters (50 feet), and the project must include gaps free of any material at a 1:1 ratio (e.g., for every 7.6 meters/25 feet of contiguous artificial reef material, a 7.6-meter/25- foot gap clear of any material must be created). 10. All materials used for construction of reefs shall be consistent with the National Artificial Reef Plan and will be clean and free of petroleum and other hydrocarbons (oil, grease, asphalt and creosote), toxic residues (mercury, cadmium and lead) and loose, free floating material and other deleterious substances and/or in compliance with criteria established by the USEPA. The use of tires, Fish Aggregating Devices (FADS), post -use sanitary sewer materials, automobiles and other civilian vehicles, white goods (refrigerators, washers, etc.) boat molds, floatables, loose organic material and general demolition debris, other than clean concrete units to form reefs, are not authorized. 11. The placement of material within any jurisdictional wetland, SAV bed, coral reefs, oyster reefs, mussel beds, scallop beds, clam beds or live bottoms (areas supporting the growth of sponges, sea fans, soft coral and other sessile macro invertebrates generally associated with rock outcrops) is not authorized. RECEIVED MAY 2 8 2020 DCM-WARO DMS Pamlico Sound Oyster Sanctuary Mitigation Site CAMA Permit Narrative References Dame, R.F., R.G. Zingmark, E. Haski. 1984. Oyster reefs as processors of estuarine materials. J Exp Mar Biol Ecol 83:239-247. Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal, and B. Boutin. 2010. North Carolina Coastal Habitat Protection Plan. North Carolina Department of Environmental and Natural Resources (DENR). Division of Marine Fisheries (DMF). 639 pp. Lenihan, H.S., and C.H. Peterson. 1998. How habitat degradation through fishery disturbance enhances impacts of bottom water hypoxia on oyster reefs. Ecological Applications 8:128-140. North Carolina Division of Marine Fisheries (DMF). 2001. North Carolina oyster fishery management plan. North Carolina Department of Environment and Natural Resources (DENR). North Carolina Division of Marine Fisheries (DMF). 2015. Environmental Assessment for Little Creek Oyster Sanctuary. Prepared for US Army Corps of Engineers. Nelson K.A., L.A. Leonard, M.H. Posey, T.D. Alphin. M.A. Mallin. 2004. Using transplanted oyster beds to improve water quality in small tidal creeks: a pilot study. J Exp Mar Biol Ecol 298:347-368. Newell R.I.E., J.C. Cornwell, M.S. Owens. 2002. Influence of simulated bivalve biodeposition and microphytobenthos on sediment nitrogen dynamics: a laboratory study. Limnol Oceanogr 47:1367-1379. National Oceanic and Atmospheric Administration (NOAA). 2019. North Carolina Division of Marine Fisheries Artificial Reef Program. Action ID SAW-2018-01538. Consultation Number SER-2019-19783, SERO-2019-00225. Approved October 2019. Peterson, C.H., J.H. Grabowski, and S.P. Powers. 2003. Estimated enhancement of fish production resulting from restoring oyster reef habitat: Quantitative valuation. Marine Ecology Progress Series 264:249-264. Powers, S.P., P. Peterson, J.H. Grabowski., and H.S. Lenihan. 2009. Success of constructed oyster reefs in no -harvest sanctuaries: implications for restoration. Marine Ecology Progress Series 389, 159-170. RECEIVED MAY 2 8 2020 10 DCM-WAR® ON Mr-1 APPLICATION for Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Nc Division Of Mitigation Services Pamlico Sound Oyster Sanctuary Mitigation Site Applicant 1: First Name MI Last Name Lin Xu Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State 1652 Mail Service Center Raleigh NC ZIP Country Phone No. FAX No. 276991652 USA 919.707 - 8319 ext. Street Address (if different from above) city State ZIP 217 West Jones Street., Suite 3000A Raleigh NC 27603- Email lin.xu@ncdenr.gov 2. Agent/ContractorInformation Business Name Moffatt & Nichol Agent/ Contractor 1: First Name MI Last Name Todd Kennedy Agentl Contractor 2: First Name MI Last Name Robert Neal Mailing Address PO Box City State 4700 Falls of Neuse Road, Suite 300 Raleigh NC ZIP Phone No. 1 Phone No. 2 27609 919 - 781 - 4626 ext. 919 - 781 - 4626 w. FAX No. Contractor # 919 781 4869 Street Address (if different from above) City State ZIP Email <Form continues on back> RECEIVEn MAY 2 S 20rd DCM-WARO Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address Stale Rd. # Hyde N/A N/A Subdivision Name city State Zip N/A N/A NC N/A - N/A Phone No. Lot No.(s) (if many, attach additional page with list) N/A - N/A . N/A ext. N/A NIA, N/A, N/A, N/A, N/A a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project Tar -Pamlico Pamlico Sound c. Is the water body identified in (b) above, natural or manmade? J. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ONO work falls within. NIA 4. Site Description a. Total length of shoreline on the tract (R.) b. Size of entire tract (sq.ft.) NIA 7.0480e+6 (permit area) c. Size of Individual lot(s) J. Approximate elevation of tract above NHW (normal high water) or N/A, I NWL (normal water level) (If many lot sizes, please attach additional page with a list) N/A ❑NHW or ❑NWL e. Vegetation on tract N/A f. Man-made features and uses now on tract N/A g. Identify and describe the existing land uses adiacen to the proposed project site. N/A 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. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No NNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ONO NNA National Register listed or eligible property? t V CU <Form continues on next page> MAY 2 8 2020 Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? []Yes ®No (Iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. N/A p. Describe existing storm water management or treatment systems. The stockpile site is covered under stormwater permit SW7110805 and has 48.661 square feet of impervious area available to develop within the current stormwater permit. A minor moditfication form and site mapping are included to update the stormwater permit on development (temporary) activities for the stockpile area. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®PubliclGovemment ❑PrivatelCommunity b. Give a brief descripllon of purpose, use, and daily operations of the project when complete. The primary purpose and need of the project is to construct a 42-acre arlifical oyster sanctuary to serve as Estuarine Sublidal-Mollusk habitat mitigation for wetland impacts stemming from the dredging of Wanchese harbor. In addition, the project will address oyster population decline and the lack of oyster larval supply in the Pamlico Sound, while also providing long-term environmental benefits and ecosystem services. 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. There will be one site with two subareas to maximize the chances for success of the artificial oyster sanctuary. The tiered system includes a 10-acre, shallower reef subarea to be constructed adjacent to a deeper, 32-acre reef subarea to provide habitat variability that could enhance oyster survival and productivity as well as increase larval recruitment and contributions to the "larval superhighway" planned by the NC Division of Marine Fisheries. Reef structures will be deployed using barges at least 200 feet by 50 feet. The National Marine Fisheries Service (NMFS) Sea Turtle and Smalltooth Sawfish Construction Conditions, DMF Guidelines, Atlantic States Marine Fisheries Commission (ASMFCpGulf States Marine Fisheries Commision (GSMFC) Guidelines for Marine Artifical Reef Materials, USEPA National Guidance: Best Management Practices (BMPs) for Preparing Vessels Intended to Create Artifical Reefs, NOAA/NMFS National Artifical Reef Plan/Guidance, and USACE General Permit 198500194 and Programmatic General Permit 1980002911 permit conditions will be adhered to during all construction activities.There will be a need for an upland stockpile to be a temporary holding location for construction materials and barge loading. A non-SHPO resource derelict vessel is located at the stockpile site and will need to be removed prior to construction. No dredging or alterations to the substrate will occur as a result of removing the vessel. d. List all development activities you propose. This project involves the creation of 42 acres of oyster sanctuary habitat in the Pamlico Sound to be used for mitigation. Habitat structures are 60 individual reef structures constructed with granite rip rap. e. Are the proposed activities maintenance of an existing project, new work, or both? NA f. What is the approximate total disturbed land area resulting from the proposed project? 5.5 acres ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes [2 that the public has established use of? �VED h. Describe location and type of existing and proposed discharges to waters of the state. N/A tory 9 �al� Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit I. Will wastewater or stormwaler be discharged into a wetland? []Yes ❑No ®NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA J. Is there any mitigaton proposed? []Yes []No RNA If yes, attach a mitigation proposal. Form continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following Items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is suffkiently detalled to gulde agency personnel unfamiliar with the area to the site. d. A copy of the deed (with slate application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Williams Seafood, Inc. Phone No. N/A Address PO BOX 454, Engelhard, NC 27824 Name Gibbs Development Properties Phone No. N/A Address PO BOX 39, Engelhard, NC 27824 Name Dudley Scott Williams Phone No. N/A Address 3100 Hodges Road, Scranton, NC 27875 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and Issuing dates. Slate Stormwater Permit SW7110805 N/A N/A NIA h. Signed consultant or agent authorizatlon form. If applicable. I. Welland delineation, If necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project Involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land 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. ���+CC CC 1t�� Date _03-28-2020 Print Name J Todd Kennedy, Agent on Beh2IfHL4CIEiv�VED Mitigation Services Signature MAY 2 8 2020 � / �� Form DCM MP-1 (Page 5 of 5) APPLICATION for Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information Major Development Permit RECEIVED MAY 2 S 2020 DCM-WARO Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length NA NA NA NA NA NA 9000 Width NA NA NA NA NA NA NA Avg. Existing NA NA NA NA NA NA Depth Final Project Depth NA NA NA NA NA NA 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in cubic yards. c. (i) Does the area to be excavated include coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA III) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None III) Describe the purpose of disposal in these areas: b. Type of material to d. High -ground excavation in cubic yards. ®This section not applicable of disposal area. d. (i) Will a disposal area be available for future maintenance? []Yes ❑No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes []No ❑NA (ii) If yes, how much water area is affected? MAY 2 8 2020 DCM-WAR® 3. SHORELINE STABILIZATION ®This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Lannth- UBulkhead ❑Riprap ❑Breakwater/Sill ❑Other:.__ c. Average distance walerward 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_ 1. Source of fill material. Width: _ d. Maximum distance waterward of NHW or NWL: I. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes []No ❑NA (11) If yes, state amount of erosion and source of erosion amount Information. h. Type of fill material. 4. OTHER FILL ACTIVITIES El This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes LINO ❑NA b. (1) WIII fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (11) Amount of material to be placed in the water 51,769 tons other wetlands (WL)? If any boxes are checked, provide the (Ili) Dimensions of FlII area 5.5 Acres number of square feet affected. ❑CW (iv) Purpose of fill ❑SAV _ ❑sB ❑WL ®None For the purpose of creating 60 individual reef structures (ii) Describe the purpose of the fill in these areas: within the overall 42 acre oyster sanctuary site. a. How will excavated or fill material be kept on site and erosion controlled? An upland stockpile site has been selected in Engelhard on site Covered by an existing stormwater permit. When stone material Is being placed in the water at the sound site, steps will be taken to minimize turbidity and siltation, but some minor turbidity is expected to occur and will be temporary and localized. C. (i) Will navigational aids be required as a result of the project? d. ®Yes ❑No ❑NA (li) If yes, explain what type and how they will be implemented. Navigation Impacts will be negligible and will include navigational aids required by the U.S. Coast Guard and shown on permit drawings. What type of construction equipment will be used (e.g., dragllne, backhoe, or hydraulic dredge)? Reef structures will be deployed using barges at least 200 feet by 50 feel. Rock material will be placed in the water directly off of the barge with a bobcat or front end loader in the locations designated in the engineering plans.Excavators and long reach equipment will be available in the working area to reposition any rock material that is misaligned. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ❑No RNA (it) If yes, explain steps that will be taken to avoid or minimize environmental impacts. REC 02-25-2020 Pamlico Sound Oyster Sanctuary Mitigat' Rfe2 8 2020 Date Project Name D WARO J Todd Kennedy, Agent on Behalf of NC Division of Mitigation Services Applicant Name Applicant Signature RECEIVED MAY 2 8 2020 DCM-WARD Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marine: ❑Commercial ❑Public/Government ❑Private/Community c. (1) Dock(s) and/or pier(s) (it) Number _ (Ili) Length (iv) Width (v) Floating []Yes ❑No ®This section not applicable b. (1) Will the facility be open to the general public? []Yes ❑No d. (1) Are Finger Piers included? ❑Yes []NO If yes: (ii) Number _ (Ili) Length (iv) Width _ (v)Floating []Yes ❑No e. (I) Are Platforms included? []Yes []No I. (i) Are Boatlifts included? ❑Yes []No If yes: If yes: (ii) Number (it) Number _ (ill) Length _ (ill) Length IN) Width _ (iv) Width (v) Floating ❑Yes []NO Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, Including travel lift and/or rail, repair or (it) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips') only, number of slips: ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel []Open water; no dredging required []Other; please describe: k. Typical boat length: _ m. (!)Will the facility have tie pilings? []Yes ❑No (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I. (1) Will the facility be open to the gene'FalEC public IVE® ❑Yes ❑No MAY 2 8 ZOZO DCM-WARO Z DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding lank pumpoub Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of "No Sewage Discharge'signs proposed. (it) Give the location and number of "Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing Industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safely measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin Hushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED an. Is the marina/docking facilityMAY proposed within a primary or secondary nursery area? ❑Yes ❑No 2 S 2020 DCIVI-VYARO n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ONO 0. Is the marina/docking facility proposed within or adjacent to 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 P. Is the proposed marina/doddng facility located within or within close proximity to any shellfish leases? ❑Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (it) Number _ (Ili) Length (iv) Width _ Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpfle, etc. Ifa rock groin, use MP-2, Excavation and Fill.) a• (i) Num®This section not applicable ber (li) Length (Ili) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW. NWL or wetlands 6. MOORING PILINGS and BUOYS a. Is the structure(s): ❑Commercial ❑PubliclGovernmenl [)Private/Community a Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing _ 7. GENERAL ®This section not applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) (RECEIVED MAY 2 S 2020 0CM-WARD a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. Approximately 3.3 miles from shore Approximately 3.4 miles Note; For buoy or mooring piling, use arc of swing including length of vessel. C. Width of water body 23 miles (measured inshore of the Oyster reef to Hatteras) e. (i) Will navigational aids be required as a result of the project? ®Yes LINO ❑NA (it) If yes, explain what type and how they will be implemented. Navigation impacts will be negligible and will include navigational aids required by the U.S. Coast Guard and shown on permit drawings. & OTHER a. Give complete description; 03/26/2020 Date Pamlico Sound Oyster Sanctuary Mitigation Site Project Name J Todd Kennedy, Agent on Behalf of NC Division of Mitigation Services App" n, to Appll nt Signature d. Water depth at waterward end of structure at NLW or NWL 5 to 16 feet ®This section not applicable RECEIVED MAY 2 S 2020 DCM-WARD ws-a� ., r.. '�3dH8 tl3AdJ Awx� osee=tl a.w MI%Itltl]NItlON'.VMII'O]30 �M�xn avo-nmu mir I V11r,w �� � J33tl tl31LDYHM106 dJI1X01 ALL p f pig .6q 00 � pxm m� rU n iuo $ �w 2 Q • H� LLa Oo LL �s w _ w W J �yy o W Q g6 O OC > N Q O y z Z Z �Ae W g O�ss ° cf) Z UO c W a m u m a aro.rz ai aro .s..�-oaw wa•r wn ossa ru a w uo.ml:l.e . ® ONYaL0N1tlN33 3Y b[VD56 a N30 I.,,, 0I036 n<ww •11 �� •�f10W0NWON'.UNM n3�0U1 umu mr 1V1,,,W a ao axnoe oa a �, x 8 zp Pg ;3 a we OOh nF s LLJ `S Q q � p a F a Q �W ® o o a o w cq<� U a S§p) Nff U �a0861uz 6g sz d$ aim 12 € k �as `s gs f2 g §s a y g z g u $ m $iN a� Fad= a6 c � a �1 � g _€ G@ ins �� Mtl3 o<gg � gda3 F �s : eb' F`so� Sn�E�w msaM °5 dis€E� G "2 m `m=� 4� M � 5�esi uas � a €j� P%. 12y€ q_ 6�€ SF b=�4 b Fa Ia.II W g `s kcg Q3 s� x� a �_ � a$ p g �a � �a=g< <� g gcs a H �z ER a�< ? aig ai g g ssa§� a3�Wk o ®� -� s € i rr � As>`r� t'i afl �o Y�F 8- H 4& s: D ¢ d a3 a p Ill a . i�a a € �g g ua §� I la s s M z 11Z ul N M i ui tl d N M N M i M U 0 r---------------------------------------------------------- 0 .�:4.'0R%%FY93IX.^.XSY88SA f`AX%2aaF<X7 d�R�S9�'X64'g9c%ffPgc SSRG:A:9&:MSp i$x7ESMN'a��es@ SA6RF68XF.�A:YYS.9X9d y?"a ."ale Mqr CY R93qq a;X3 3 �Y�aa8 Him 6 a a9s9$%$5'56208�®ImgSn Y�pa R7�i6���y3:as9a$"^$®�ia±�aa'g9g9m 38g"sg, g$ggg^'^YiR"^y �y'pM%8F'RX.;R g�k�- .ws"^�aIXzna=""qya"9RE'7c dtlYNXR Si A%R;4,MRXR33XR�AYM 6MMGa%C 886XX8:99S PSa^,8^Gq MMR Sib: 9f999A�8�999 Y .$aA:�a"X.ffg6g$^$�,�gKRB�gGg '"535:•IXAY3,$CXFX:RA.^.Y6IX m"�RRgXg R:36&A6Rx�YMYFiq: 'g:g9��gkg xyygg IX5"d �dg�'a d:OFAa ��:^SAX"a YYSd SA��6�a"atlgX IX'AAMYo".SAY®47�8 ®y,y $�a� " S�SSSRR:CFSp,.e„^.pXYgq:AAYm MM8: S: %SY:AM9 F.^�ASAYGYXS g 5s o \oast, a, ox�iooe ...w... xouaw A� U g rxmwaxtxox noo w.sx mm.0 vu, 1x11r, d e xmuo axnoaoonxroe T,y,. Z� � Ww 6 O— m5 i Y g Q R 380 9Yg zs tW mW mWal iW 20 _ W s— f � OJ"Rb I g l I. SBoR An Qo O N .� ,GO WNN t A� m U m <