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HomeMy WebLinkAbout20030994 Ver 2_CAMA Application_20100211Aj;A NC ENR North Carolina Department of Environment and Natura Division of Coastal Management everly Eaves Perdue James H. Gregson governor Director February 9, 2010 MEMORANDUM: TO: Cyndi Karoly Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Intersal, Inc. D3 - oqqv? u 2 Resources Dee Freeman Secretary LB11i, ?B 1 ? ZGtG VPETtANDS AND STORw TER SWCH Location: The project site is located at the NC DCR Permit Area near Beaufort Inlet, Carteret County. Proposed Project: The applicant is proposing to conduct privately funded underwater archaeological investigations for "The El Salvador" 3 miles west of Beaufort Inlet and within the Atlantic Ocean. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/02/2010. If you have any questions regarding the proposed project, please contact Heather Styron 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 400 Commerce Ave., Morehead City, NC 28557--3421 Rhorne: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement, net An Equal p,portunity', Atrrmative A.etion Employer One NorthCarolna ,Naturally DIVISION OF COASTAL MANAGE tiIENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAVIE: Intersal, Inc., C/o John Masters 2 T OC ATTON OF PR_nTFCT STTE• NC ncR_ nermit grey Incaterd nP;i.r Ri-ai!fnrt Tn.let and offshore of Fort Macon State Park Photo Index - P.o Photos available State Plane Coordinates - X: 2696200 Y: 351200 Lat: 34°39.392 Lon: 076°38.802 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/2/10 Was Applicant Present --no 5. PROCESSING PROCEDURE: Application Received - 1/22/10 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Atlantic Beach Land Classification from LUP - Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Water (C) Water Dependent: Yes (D) Iritended Use: Commercial (E) Wastewater Treatment: Existing - none Planned - none (F) Type of Structures: Existing - none Planned - none (G) Estimated Annual Rate of Erosion: Shoreline of Fort Macon is 2'/yr 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Open Water (Atlantic Ocean) Archaeological N/A N/A investigation of 10,000 fta (D) Total Area Disturbed: 10,000 ft2 (E) Primary Nursery Area: No (F) Water Classification: SB Open: Yes 8. PROJECT SUNLMARY: The applicant proposes to conduct privately funded underwater archaeological investigations for "The El Salvador" 3 miles west of Beaufort Inlet and within the Atlantic Ocean. Intersal Offshore of Beaufort Inlet Page 2 9 Narrative Description In 2009 Intersal and its partner Odyssey Marine Exploration completed a remote sensing survey of the western half of Intersal's previous permit area (DCM permit # 142-03 and DCR permit # BUI485). Their analysis of the data indicated half a dozen target areas that could represent the remains of an 18`h century shipwreck "El Salvador". The applicants are currently planning for relocation of the targets from this survey in the summer of 2010. The area of interest is located 3 miles west of Beaufort Inlet (31,680 ft). It is located northwest of the QAR location. The waters of the Atlantic Ocean are classified as SB and are open to the taking of shellfish. Atlantic Beaches' Land Use Plan classifies this area as Conservation. The substrate in this area is large coarse grained sand typical of oceans and inlets. This area has strong tidal currents and shifting sands. 10. Project Description: The applicant proposes to conduct temporary excavation 3 miles east and west of Beaufort Inlet within the Atlantic Ocean. The project area is located north west of the QAR location within the DCR BUI485 permit area. The relocation and identification of the targets would be done using archeological standards as close to those of the QAR project as possible. Per the applicant divers would use hand held magnetometers to confirm the location of the anomalies. When an anomaly is found a temporary datum anchor would be installed 30' away from the target. A barge would anchor over the site and deploy dredge hoses. A 3 inch to 6 inch hydraulic dredge system would be used. The divers would excavate the site to uncover the target. All the material removed would be sent topside through a sluice box to help ensure no loss of cultural material and returned to the bottom through the water column. The datum anchor would be removed at the end of excavation from each site that is eliminated as a candidate for "El Salvador". The applicants are proposing excavation in a 100' x 100' area. Each target site would be 25' x 25'. There would be a total of 12 target sites. The average existing depth is 10' to 30' with a final depth of 14' to 34' post excavation. A total of 1200 cubic yards of material would be sifted. The disposal site would be adjacent to the area of excavation and would be a total of 10,000 square feet. All of the excavated material would be directed into the artifact recovery system and allowed to return to the bottom through the water column. Per the applicant through previous experience a 4' wide depression is created for each foot of sand excavated. Since most artifacts are found within 4-5 feet of the surface, the average depression left after target relocation should be no more than 16' wide confirmed by visual evidence over the last decade of QAR and the El Salvador. Per the applicant previous experience has shown that through the tidal currents and shifting sands that these areas are Intersal Offshore of Beaufort Inlet Paae 2 usually filled within days of the excavation- 11. Anticipated impacts: The project area measures 100' x 100' or 10,000 square feet. This is the maximum area that would be disturbed per the applicant. A total of (12) 25' x 25' targets would be located within this area. Intersal has stated that the maximum amount of material to be removed would be 1200 .cubic yards which is confirmed through calculations. Some areas may have less material removed. All of this material would be placed back on the ocean bottom in the same area, adjacent to the anomalies. The substrate is course sand which should cause minimal increases in turbidity but has the capacity to cause some short-term impacts to fish utilizing the area. There maybe some minimal impacts to the public as well during the "El Salvador" search. This could include sports fisherman as well as commercial fisherman working within the project area. HEATHER STYRON Morehead City February 8, 2010 XyA CDE '1;rt l -archr L)"3p-ft"neni of Environment' an,(,, Divislor of Coastal klaragerment Beverly 'ayes Perdue Governor DATE: February 3, 2010 TO: Doug Huggett THRU: Tere Barrett FROM: Heather M. Styron f*?6 James Gregscn C,irectcr MEMORANDUM Dee F, eemar, Isecretar't SUBJECT: Comments and Recommendations - CAMA Major Permit -Intersal Inc, 3 miles east and west of Beaufort Inlet, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal involves the archeological excavation within the Atlantic Ocean, 3 miles east and west of the Beaufort Inlet, in search of the remains of an 18Th century shipwreck the "el Salvador". The area affected would be 10,000 square feet of ocean bottom. The development conforms to the guidelines set forth under 15A NCAC 07H .0206, 15A NCAC 07H .0207, 15A NCAC 07H.0208 and 15A NCAC 07H.0300. The waters of the Atlantic Ocean are open to shellfish harvest. They are not considered Primary Nursery Areas. Assuming that state and federal agencies concur with the proposal, the District recommends the project be authorized as proposed, contingent upon the following specific and general conditions: 1. The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. 2. The excavation area shall not be more than the 100' x100' area as submitted and shown on plats dated received 1/22/10. 3. The depth of the excavation shall not exceed 4' below existing substrate. 4. The datum anchor should be removed when each area has been eliminated as a candidate for the recovery. 5. Intersal should follow all standards within the existing DCR permit (# BUI485). 6. All precautions should be taken to ensure navigation is not hindered and Public Trust Area is not unduly affected. 400 Commerce Ave.; Morehead City, NC 28557 Phone: 252-808-2808 FAX: 252-247-3330 Internet: www rtccoastalmanagement.net An Equal Opportunity'. Affirmative Action Employer No rthCarolina .111ahmal& gem NP-1 APPLICATION for .. ,_ Major Development Permit (last revised 12/27/06) North Caro lna DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant! Landowner Information Business Name Project Name (if applicable) Intersal, Inc. Applicant 1: First Name MI Last Name Intersal, Inc. 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 61977 Palm Bay Florida ZIP Country Phone No. FAX No. 32906 USA 321 - 412 - 6650 ext. 954 - 452 - 0790 Street Address (if different from above) City State ZIP c/o Haft, Steinlauf + Co., 1200 S. Pine Island Road, Suite 475 Plantation Florida 33324- Email elbsfl@yahoo.com 2. AgentlContractor Information Business Name Agent/ Contractor 1: First Name John MI P Last Name Masters Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box 61977 City Palm Bay State Florida ZIP 32906 Phone No. 1 321 - 412 - 6650 ext. Phone No. 2 321 - 432 - 5140 ext. FAX No. Contractor # Street Address (if different from above) 5406 NW 52 Terrace City Gainesville State Florida ZIP 32653- Email elbsfl@yahoo.com <Form continues on back> 252-808-2303 1 38--4RC0A5 t" 'v '.q ..JV. a c r r,vast 1 an -:a 'u. M--nx...^-t Form DCr MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret NC DCR Permit Area located near Beaufort Inlet Subdivision Name City State ? i Zip Phone No. Lot No. (s) (if many, attach additional page with list) - - ext. , , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak river basin Beaufort Inlet c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ?Manmade ?Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ?Yes ®No work falls within. State of North Carolina 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) Permit Area: 3 miles east + west of Beaufort Inlet Permit Area: as described in "a." previous, from mean high 6 miles = aprox 31,680 ft (see attached map #1) water mark to depth of 30' (see attached map # 1) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) ?NHW or ?NWL e. Vegetation on tract f. Man-made features and uses now on tract g. Identify and describe the existing land uses adiacent to the proposed project site. Beaufort Inlet; US ACE dump zone Atlantic Beach / Ft Macon State Park Shackelford Banks h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? State of NC (Attach zoning compliance certificate, if applicable) ?Yes ?No [DNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ®Yes ?No ?NA If yes, by whom? See attached DCR Permit BU1485 1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA National Register listed or eligible property? <Form continues on next page> 252-808-2303 4 , 313M- C A S'r xa x,nc a t is az x° w zt. c t Form LLCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site'? (ii) Are there coastal wetlands on the site? (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) n. Describe existing wastewater treatment facilities. o. Describe existing drinking water supply source. p. Describe existing storm water management or treatment systems. ?Yes IONo ?Yes ®No ?Yes ®No 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ?Public/Government ?Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. NC DCR permit BU1485; search, re-location and identification of survey targets, in the search for El Salvador 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. Methods + equipment will be similar to that of QAR project at Beaufort inlet (NC DCR); ie., limited use of dredge and sluice to uncover specific survey targets. d. List all development activities you propose. Use of Dredge for Artifact Recovery e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance of an existing project. f. What is the approximate total disturbed land area resulting from the proposed project? Under.9 ?Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes ®No ?NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Beaufort Inlet Sand displacement; all excavated material will be directed into artifact recvovey system and allowed to return to the bottom through the water column. i. Will wastewater or stormwater 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 mitigation proposed? ?Yes ®No ?NA If yes, attach a mitigation proposal. <Form continues on back> 803 8 r 33 .. t 338, 4 e, AST „ %evww.ncCoatStaImana O.Ment,n It 2 5 2 - Form DCM MP-1 (Page 4 of 4) ' APPLICATION for Major Development Permit 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 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. f. 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 Fort Macon State Park Phone No. (252) 726-3775 Address PC Box 127, 2300 East Fort Macon Road, Atlantic Beach, NC, 28512 Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NC DCR Permit BU1485, renewed annually since 1995 CAMA Permit 142-03 (10/20/03); 142-03 Modified (9/29/04) Federal admiralty arrest#99-cv-207 (12/17/99), E. District of NC h. Signed consultant or agent authorization form, if applicable. I. Wetland 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. 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. Date s f '? i ') Print Name l `f> r y Signature f -z"- 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 52-808-2303 ., 1-38 -4 COOS t ?a?m a,z?c ?? ?s? ?trraa x z??, eza f,rt- a form DCM NIP-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 Breakwater (excluding shoreline (NLW or NWL stabilization Length 25' (at 12) Width 25' (at 12) Avg. Existing NA NA 10' to 30' Depth Final Project NA NA 14' to 34' Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 1,200 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 ?WL ®None (ii) Describe the purpose of the excavation in these areas: VA TED MA 2. DISPOSAL OF EX a. Location of disposal area. Ajacent to excavation c e (i) Do you claim title to disposal area? []Yes ®No ?NA (ii) If no, attach a letter granting permission from the owner. (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 ?WL ®None (ii) Describe the purpose of disposal in these areas: [] This section not applicable b. Type of material to be excavated. Sand d. High-ground excavation in cubic yards. None []This section not b. Dimensions of disposal area. 10,000 Sq. Ft. d. (i) Will a disposal area be available for future maintenance? []Yes ?No ONA (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? 10,000 Sq. Ft. 252-808-2808 _. 1-3484RC AS f a_€a +s a x;,;^, ? )rr a z , spa 4..a , , d, t C' > 3. SHORELINE STABILIZATION ?This section not applicable (If development is a wood groin, use MP-4 - Structures) a. i ype ur snoreune siacmzauon: ?Bulkhead ?Riprap i?Breakwater/Sill ?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 fill material. o. Length: 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 fill material. 4. OTHER FILL ACTIVITIES [D This section not applicable (Excluding Shoreline Stabilization) i. (i) Will fill material be brought to the site? ?Yes ?No ?NA b. (i) Will fill material be Dlaced in coastal wetlands/march /rWl If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill a. How will excavated or fill material be kept on site and erosion controlled? Excavated material will be directed into artifact recovery system and allowed to return to the bottom through the water column c. (i) Will navigational aids be required as a result of the project? ?Yes ZNo ?NA (ii) If yes, explain what type and how they will be implemented. Date 1 .1 J Project Name 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 ?WL ?None (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? 3" to 6" Hydrolic induction dredge system d. (i) Will wetlands be crossed in transporting equipment to project site? ?Yes ®No ?NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Applicant Name John Masters Applicant Signature :252-808-2803 ;. 1- 88-4410 AST a ;?rtrv,rt a .st a a ot. et Permit Number ?9BU1584 (renewal) STATE OFNORTH CAROLINA Department of Cultural Resources PERMIT for X Exploration X Recovery Salvage Issued to: David Reeder, President Intersal, Incorporated 1781 Academy St. NE Palm Bay, Florida 32905 Authorizing activities affecting submerged cultural resources in Carteret County at Beaufort Inlet as requested in the Permittee's application dated December 24, 2008. This permit, issued on March 27, 2009, is subject to compliance with the application (where consistent with the pennit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may cause the permit to be null and void. SEE SPECIAL CONDITIONS OF PERMIT A through V Any project modifications not covered hereunder requires further Departmental approval. All work must cease when the permit expires on March 26. 2010. Signed by the authority of the Secretary of the Department of Cultural Resources S ? Ce State Archeologist, Office bfJ State Archaeology This permit and its conditions arc hereby accepted. ignature of P ittee SPECIAL CONDITIONS FOR - MTT 0 B 11584 (Renewal) A. This permit is to search for the Spanish vessel El Salvador lost in 1750. The Permittee shall have no prioritized claim under this permit to excavate or salvage other identified shipwrecks or submerged cultural resources found within the search area. B. This permit is limited to survey and preliminary site assessment activities as defined in Attachment B., Phases One through Four, of the Permittee's original application (May 16, 1994) designed to locate the remains of the Spanish vessel El Salvador, lost in 17S0, and make an initial determination of the nature, extent and significance of the site. C. This permit authorizes the Permittee exclusive rights to conduct survey and preliminary site assessment activities within the search area designated in the Permittee's original application (May 16, 1994). D. The period of this permit shall be one year. The permit may be renewed yearly, subject to any changes in the permit terms the Department of Cultural Resources (hereinafter DCR) deems appropriate, providing the Permittee has satisfactorily met all the terms and conditions of this permit. E. After issuance, this permit, or any part thereof, shall not be assigned or sublet by the Penmittee. F. The Permittee agrees to maintain close operational control of all survey and preliminary site assessment, laboratory, and report preparation activities performed under the Permit. "Operational control," at a minimum, includes direct, personal involvement and oversight (e.g., by the Permittee's controlling person or director of operations) of all: personnel management; fieldwork operations (boat operations, remote sensing, mapping, diving, excavations, artifact and data recovery); laboratory operations (artifact stabilization, documentation, analysis and conservation); and reporting. All representatives of the Permittee assigned to operational control of employees or contractors performing any duties under the Permit shall consent to a criminal history record check (NCGS § 121-25.1). Failure by the Permittee to demonstrate operational control of permitted activities may result in revocation of the Permit. G. Issuance or renewal of this permit shall not be construed to confer in the Permittee any right, nor create in DCR or the State any duty or obligation, to defend or in any way support the Permittee against claims by third parties. DCR and the State reserve the right to make that determination based on the facts and circumstances of each claim. BU1584 permit conditions J ilnr? H. Prior to commencing any recovery operations, the Permittee shall be responsible for" obtaining all required permits and authorization from other state and federal regulatory agencies and, if necessary, adjacent landowners. 1. The Permittee agrees to notify the office of the Underwater Archaeology Branch , 1528 Fort Fisher Blvd. South, Kure Beach, North Carolina 28449, phone 910/458- 9042, at least 48 hours prior to initiating any field activities. J. With regard to the matters authorized and regulated by terms of this Permit, the Underwater Archaeology Branch (UAB) and other DCR agency officials may perform inspections of any operations or facilities of the permit holder or its contractors, on reasonable (24 hour minimum) advance notification. K. DCR may require the Permittee to reimburse DCR for reasonable costs incurred by UAB/DCR personnel when performing on-site or on-premises inspections. If required, reimbursement shall be consistent with State laws and regulations governing travel and subsistence allowances of State officers and employees. DCR will coordinate with the Permittee prior to incurring expenses for which DCR intends to request reimbursement. L. Recovery of cultural materials during this phase of the project shall be limited to diagnostic samples to facilitate site identification and dating. No more than ten artifacts shall be removed from any one site. M. All artifacts and other materials recovered during this phase of investigation remain property of the State of North Carolina, unless and until they become part of a potential division of materials governed by subsequent agreements, under Condition U of this Permit. Items removed from any context, whether or not they prove to be from El Salvador, must be fully documented as to location, condition, and possible identity, before any disposition is made under terms of this permit (Condition O). N. Before undertaking recovery of any artifacts, the Permittee shall demonstrate to the satisfaction of DCR that they have provided for facilities within the State of North Carolina, sufficient in size, security, equipment, staffing and supplies to perform stabilization and preliminary conservation and analysis of potentially diagnostic artifacts (Condition L). 0. The Permittee shall keep all cultural material recovered under the terms of this permit in secure wet storage until examined by the Underwater Archaeology Branch and arrangements are made for their final disposition. If, for any reasons enumerated in the Permit, the Permit is revoked or future Permit renewal requests are denied, all materials recovered under terms of this Permit shall be returned to DCR custody as soon as possible, at a time and place determined by DCR and the Permittee. No materials may be removed from the territorial limits of North Carolina for any reason without the prior written authorization of the State Archaeologist or Deputy State Archaeologist, UAB. BU1584 permit conditions 2 t+i P. Stabilization, conservation and documentation of all recovered archaeological materials during identification and preliminary recovery phases covered by this permit, or especially during any later phases of site investigations (Conditions T and U, below) shall be performed to professional standards comparable to those found in 36 CFR 79, Curation of Federally Owned and Administered Archaeological Collections, and in procedures established for collections recovered from site 31 CR314, the Queen Anne's Revenge Shipwreck site. The Permittee is responsible for proposing methods for stabilization, conservation and documentation, subject to advance review and approval by of the State Archaeologist or Deputy State Archaeologist, UAB. All associated costs for artifact conservation and documentation shall be borne by the Permittee. Q. This Permit prohibits the use of devices, including propwash deflectors, "blowers" or "mailboxes," which force water onto the ocean floor and displace sediment for the purpose of discovering, exposing, or excavating shipwrecks, or any portions thereof, or their associated cargoes, tackle, and materials. The use of handheld excavation devices, such as induction dredges or airlift systems, is permitted as long as the user maintains proper archaeological controls. All excavation methods must be approved in advance by the Deputy State Archaeologist, UAB. R. The Permittee shall keep a daily log of activities conducted under this Permit including a list of recovered artifacts with assigned identification numbers, provenience, labeled digital images, and current disposition. The Permittee shall submit copies to UAB of this log on a weekly basis during field operations. Daily logs shall include precise locational data (corrected GPS coordinates) for all actual or potential targets or fords, and more generally for all areas of exploration conducted during the reporting period. Monthly progress reports shall be submitted during periods when no fieldwork is being conducted (laboratory or report preparation, for example). If no work is conducted during a given month, the Permittee shall notify DCR of this fact in writing. Failure to submit copies of the daily logs or monthly progress reports in a timely manner may be grounds for permit revocation. All logs and reports shall be signed and dated by the Permittee. S. One month prior to the expiration of this permit the Permittee shall provide DCR with a project report as described in Section .1011 of DCR's "Exploration and Salvage Rules and Regulations." Draft and final versions of detailed reports shall be submitted by the Permittee to DCR no later than 120 and 60 days from completion of field operations, respectively. Final reports shall be accompanied by archivally- stable copies of all field records; daily logs, charts, maps, artifact inventories and images. After DCR review and approval, a minimum of four (4) copies (two printed and bound, one unbound, and one digital version) of the final report shall be submitted to UAB and DCR. All reports shall be signed and dated by the Permittee. BU1584 permit conditions T. Should the Permittee locate identifiable remains of El Salvador and desire to conduct more extensive investigations of the site, as defined in Attachment B, Phase Five, of the Pecmittee's original application (May 16, 1994), to include such activities as large scale excavation and/or the recovery of an extensive number of artifacts, or artifacts of a large size (i.e., anchors, cannon, etc.), a separate plan and agreement shall be developed by the Pernttee and DCR. The approval of such a plan by DCR will depend on the appropriateness and acceptability of the proposed project. In reviewing the proposal a.number of factors will be considered, including: a. Does the proposed methodology ensure the retrieval of the maximum amount of information contained in the underwater archaeological site, based on a detailed scientific and historical research design (cf. Secretary of the Interior's Standards and Guidelines for Archeological Documentation); b. Will the proposed project utilize accepted techniques for underwater excavation, site mapping and documentation, and artifact recovery and conservation; c. Do proper facilities and sufficient funding exist to insure that any material recovered during the course of the project will be properly stored, conserved and curated; d. Does the Permittee employ or contract with, and retain professional staff, including archaeologists, historians, conservators and others who meet acceptable professional standards, including those defined by the Secretary of the Interior's Professional Qualifications Standards, 36 CFR 61 (48 FR 22716, 1983),. U. Should the Permittee locate identifiable remains of El Salvador and desire to conduct extensive excavation and recovery operations at the site as described in condition ,r' above, the following terms shall govern any and all division of artifacts from the site: 25% of all coins, gems, and precious metals, all artifacts made of these materials, and all other trade cargo shall be retained by DCR, and 75% of all coins, gems, and precious metals, all artifacts made of these materials, and all other trade cargo shall be awarded to the Permittee. DCR and the Permittee agree that all other artifacts, such as vessel structure, ship's fittings, weapons, personal effects, equipment and provisions, shall be kept as an intact collection retained and managed by DCR in a suitable facility where the material can be curated for scientific study and public display. The division of artifacts shall be made on an annual basis at a time, and by a system, mutually agreeable to both parties. V. This Permit supersedes the Permits and Special Conditions issued by DCR on 24 March 2009 and 26 March 2009 for 09BUI584. BUI584 permit conditions 4 To-, L' S- --IA ?j Agent Re- Mersal Permut j<t o-m it aN concs.i-ri, :,?N.a i.RSAL, RN{.:. l ? is letter i:?, Meant to document and confirm that Izitersal, Inc. has designated its Director offJperafion- -10111n Ntawqers, to function as Internal's went in regards to all CATIA permit app licak On Matte. Nf .., Thanks., f Dave Reeder "e€.;<>t CEO >ersad. fine, A) Project Narrative Project goal is location and recovery of Spanish vessel El Salvador, lost in 1750. Project operates under permit from NC Dept. of Cultural Resources (permit # BU1485), which allows sui"Vey aiid prellfniliaiy site assessinent activities designed to locate the remains of the Spanish vessel El Salvador, believed to be near Beaufort Inlet. Intersal, Inc. has held NC DCR permits to search for shipwrecks at Beaufort Inlet for over two decades. In 1996 Intersal discovered Queen Anne's Revenge, lost by Blackbeard the Pirate near Beaufort Inlet in 1718. Intersal has spent the last decade working with DCR on the QAR project In 1999 Intersal discovered a debris trail of 18`h Century artifacts in the western half of its permit area. Anchors, Cannon, Ballast and many other artifacts have been recovered and are currently in the possession of NC DCR. Intersal has made binding commitments to the State of NC that it will maintain proper archaeological standards in all operation in our permit area. Because NC DCR obtained a CAMA permit for its work on the QAR site, Intersal has been asked by NC DCR to obtain a similar CAMA permit as we continue our work at Beaufort Inlet. In 2004, Intersal obtained a CAMA permit for specific work close to Ft Macon State Park beach. That work has ended; Intersal is currently working in no less than 10 feet of water, and there will be no impact on Ft Macon State Park Beach. Relocation and Identification of targets will be done using archaeological standards as close to those of the QAR project as possible. After divers using hand held magnetometers confirm the location of the anomaly, a temporary Datum anchor will be installed 30 ft away from the target. A barge will anchor over the site and deploy dredge hoses. Divers will excavate the site to uncover the target, with all material removed sent topside and through a sluice box to insure no loss of cultural material. Datum anchor will be removed at end of excavation from each site that is eliminated as candidate for El Salvador. Previous experience in this area on the QAR site indicates a depression 4 feet wide is created for each foot of sand excavated. Since most artifacts are found within 4-5 feet of the surface, the average depression left after target relocation should be 16-20 feet wide. Once again, previous experience on the QAR has been that the dynamic nature of the currents in this area insures that these holes are mostly filled in within days of excavation. B) Present Status In 2009 Intersal and its partner Odyssey Marine Exploration completed a remote sensing survey of the Western half of Intersal's permit area. Analysis of that data indicates half a dozen targets that could represent the remains of an 18`h century shipwreck. Intersal and Odyssey are currently planning for relocation of targets from this survey in the summer of 2010. 1 w r 7 t,ws , tilr ; . mom r7l f ® t' Y' V a 'W t Y .• a t • Iti' _ `r { _ v a ?s s v a y ? i -_ Z 3 a ? cn fV O O 7 1 O r! Z U1 o0 ?;; o C7 CD UI R X V lJi C? L' n " m z y ?n °o o C? c T m ? °mr. NCTOGJ my?A d Z(DO m OO LO ® LCq N (] C Z rAC?O? n N O _ras? t ? -O ( m rm 1 rm ? W f oq e IT f: ?gJ f ? rn j A F loll: W ttrm n s& G r' e t. n ? ® C ..tr j 1 p ?.. ? ,. i _' ?R'?-s- 3H 0 l o o' NOTE: EACH CIRCLE WILL BE EXCAVATED AT TARGET SITES WITHIN INTERSAL SURVEY AREA, TO BE DETERMINED BY SURVEY DATA , SCA{ng:77 aoo 'J .\ W+E MAP INSERT # i REPRESENTATION OF MAXIMUM TOTAL AREA OF EXCAVATION liw\? V-- 4 v `; R CA] z C7 C7 4 , T a z m C7 a m ?' ? rn 0 Z , y c/3 ' .? p Z • o ?.. o _. o ;a m a z