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HomeMy WebLinkAbout20201153 Ver 1_CAMA Application_20200908238 Princess Street Wilmington, NC 28041 m o f f a t t & n i c h o l I (910) 218-7100 Fax (919) 781 A869 ww6v. m offattn i ch o l. co m July 06, 2020 Ms. Heather Styron N.C. Division of Coastal Management (DCM) 400 Commerce Avenue Morehead City, NC 28557 Re: Town of Morehead City - CAMA Major Permit Modification Request Pelletier Creek Maintenance Dredging Dear Ms. Styron, On behalf of the Town of Morehead City (Town), please find enclosed a CAMA Major Permit modification request for permit 75-16 for the work known as Pelletier Creek Maintenance Dredging. The modification request would match the dredging footprint of the Town's project with the federally authorized limits maintained by the USACE. The current authorization for CAMA permit 75-16 allows the dredging of an approximate 30-ft width over a 900-ft length. However, the federal navigation channel in Pelletier Creek extends approximately 1,900-ft and maintains a 50-ft width. The proposed modification would allow the Town of Morehead City to maximize the maintenance potential based on available resources and minimize environmental disruptions to the habitat adjacent to Pelletier Creek. The modification request does not propose to change any other aspects of the current authorization and will maintain the same construction timeframe (November 16 — March 31) and excavation depth (-5-ft MLLW +1). We appreciate the Division's assistance and guidance in preparing the enclosed application and look forward to a favorable review. Please feel free to contact me if there are any questions or additional information is required. Sincerely, MOFFATT & NICHOL Robert Neal, P.E. Senior Coastal Engineer cc: Sandi Watkins, Town of Morehead City Doug Huggett, Moffatt & Nichol (w/o attachment) Dom Mr-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Town Of Morehead City Project Name (if applicable) Pelletier Creek Maintenance Dredging Applicant 1: First Name Ryan MI Last Name Eggleston Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 706 Arendell Street PO Box City Morehead City State North Carolina ZIP 28557 Country USA Phone No. 252 - 726 - 6848 ext. 110 FAX No. - - Street Address (if different from above) City State ZIP Email Ryan.Eggleston@moreheadcitync.org 2. Agen Won tractor Information Business Name Moffatt & Nichol Agent/ Contractor 1: First Name Robert MI B Last Name Neal Agent/ Contractor 2: First Name MI Last Name Mailing Address 238 Princess St PO Box City Wilmington State NC ZIP 28401 Phone No. 1 910 - 218 - 7100 ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email Rneal@moffattnichol.com <Form continues on back> 252-808-2808 .. 1-888-4114COAST .. www.ncconstalmana0ernent.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit ......................:. . P _ 3. ro ect Location County (can be multiple) Street Address State Rd. # Carteret 4700 South Shore Drive n/a Subdivision Name City State zip Pelletier Creek Morehead City NC 28557 - Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak River Basin Pelletier Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. RNatural ®Manmade ❑Unknown Bogue Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes Q No work falls within. Morehead City, NC a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) N/A 2.2 acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or Submerged Lands, NWL (normal water level) (If many lot sizes, please attach additional page with a list) nla ❑NHW or LINWL e. Vegetation on tract None f. Man-made features and uses now on tract N/a. g. Identify and describe the existing land uses adiacent to the proposed project site. Residential and commerical, marina businesses 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 RNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes RNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes. []No ®NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No RNA National Register listed or eligible property? <Form continues on next page> 252.808-2808 .- 1-888-4RCOAST .- www.ncconstaimanagernent.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes NNo (ii) Are there coastal wetlands on the site? ❑Yes ONo (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. None o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. None 5. Acf%vitres 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. Pelletier Creek entrance channel provides access to a harbor of refuge for recreational boaters. The entrance channel also helps support small businesses and residential boating communities dependent on navigable access to Bogue Sound. This process will allow for safe ingress and egress of approximately 400 or more vessels. 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. Maintenance dredging operations will be conducted by the bucket to barge methodology where an excavator positioned on a floating barge places dredge material in a barge for transport to an off-loading or transfer site. The material will be transferred from the floating equipment to dump trucks at the transfer site. The dump trucks will haul the material to an end -use placement area. d. List all development activities you propose. Maintenance Dredging e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance f. What is the approximate total disturbed land area resulting from the proposed project? 2.2 Ac - Dredge Area ❑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 stale. Small amounts of dredge effluent will leak from dredge material during transfer between the floating barges and dump truck equipment. 1. 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> 252-808-2808 :: 1-888-4RCOAST .. www.nccoastatmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional information In addition to this completed application fort, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application instruction booklet on 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 Phone No. Address 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. CAMA Permit 75-16, issued to Pensacola Yacht Club in 2016 an transferred to the Town of Morehead City on March 04, 2020. 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, ttpt the information provided in this application is truthful to the best of my knowl dge. Date b � 0 �-�`/ Print Name _Ryan Eggleston, C�a Signature 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 252-808-2808 .. 1-888-4RCOAST .. www.ticcoastailliatiagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-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 (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length 1,900 ft Width 50 ft Avg. Existing Approx. -4.5 NA NA Depth MLLW Final Project -6(-5+1) Depth MLLW 1 EXCAVATION p Thrs seot�on not applicable ; a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. silty sand, sandy silt, and silt 4,500 CY c. (i) Does the area to be excavated include coastal wetlandslmarsh d_ High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (S13), 0 CY or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL NNone (ii) Describe the purpose of the excavation in these areas: 2 DISPOSAL OF:EXCAVATED MATERIAL pThis sectron`not applicable a. Location of disposal area. b. Dimensions of disposal area. Determined by Contractor N/A c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes NNo ❑NA []Yes ❑No NNA (R) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlandslmarsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes NNo ❑NA or other wetlands (VVL)? If any boxes are checked, provide the {ii} If yes, how much water area is affected? number of square feet affected. ❑CW ❑SAV ❑SB ❑WL NNone (ii) Describe the purpose of disposal in these areas: 252-808-2808 :: 1-888-4RCOAST :: wwwmccoastalmanage��ent,net revised: 12126/06 Form DrAVI king-2 (Excavattic'm avid Vill, Page 2 of 1 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: c. Average distance waterward of NHW or NWL: d. Maximum 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 t. Source of fill material. 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 ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes El No El NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or ii Amount of material to be laced in the water other wetlands (WL)? If any boxes are checked, provide the () p number of square feet affected. (iii) Dimensions of fill area ❑CW ❑SAV ❑SB (iv) Purpose of fill ❑WL ❑None (ii) Describe the purpose of the fill in these areas: 5. GENERA L a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Standard erosion controls and best management practices Excavator and barge along with dump trucks for material (earthen berms, silt fencing, etc.) transport. c. (i) Will navigational aids be required as a result of the project? ®Yes ❑No ❑NA (5) If yes, explain what type and how they will be implemented. Aids are currently present, they should be removed for the dredging event and replaced after project completion. 61��cla.o Date Pelletier Creek Maintenance Dredging Project Name 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. Ryan Eggleston Applicant Name Applicant 115,9na4e 252..008-2808 :: 11-888-411GOAST :: www.nccoastaleq»iia_yernelit- iet revised: '12/26/06 Pelletier Creek Maintenance Dredging Morehead City, NC Permit Modification Narrative Introduction The Town of Morehead City (Town) is requesting a permit modification to CAMA permit 75-16 to modify the Pelletier Creek dredge footprint to match the federal maintenance limits. The existing CAMA permit covers approximately 900-ft of the federally authorized entrance channel for Pelletier Creek at a 30-ft width. However, the River and Harbors Act of 1954 provided federal authorization for 1,900-ft entrance channel at a 50-ft width. Therefore, the proposed modification extends the permit limits to encompass the entire 1,900-ft channel entrance and match the 50-ft federally authorized width between Bogue Sound and the Pelletier Creek harbor of refuge. The modification request only modifies the dredge footprint and does not adjust the authorized depth, which remains -5-ft MLLW (+1). With the proposed modifications, maintenance events should not require removal of more than approximately 4,500 cubic yards (CY) of material to re-establish the federally authorized channel limits. Figure 1 shows the project vicinity in Morehead City. Figure 1. Pelletier Creek Vicinity Map (NTS) Project Purpose & Need Pelletier Creek provides access to a harbor of refuge from Bogue Sound and many residential and commercial locations. The small businesses in the Pelletier Creek community rely on navigable access to maintain their economy and current standard of living. The areas weather and tidal currents threaten to continuously shoal the entrance channel, creating navigation hazards for recreational boaters. If Pelletier Creek is un-navigable, the businesses within the Pelletier Creek system risk revenue loss or pennanent closure if maintenance operations cannot be conducted. In addition to the economic impacts, a safety risk also exists if the channel entrance is not easily accessible to recreational craft during storm events and typical adverse weather. Pelletier Creek functions as a harbor of refuge during storm events and recreational Town of Morehead City Pelletier Creek Maintenance Dredging Permit Narrative boaters depend on the entrance channel being open and navigable. During an unexpected weather event, boaters may attempt to escape adverse conditions and inadvertently navigate onto a shoal area and become unable to reach shelter. Modifying the Pelletier Creek permit will provide the Town of Morehead City an increased potential to maintain a safe and navigable entrance for the recreational boaters and businesses dependent on the system. Modifying the maintenance area to match the federally authorized channel limits will also assist the USACE in maintaining the channel entrance. The modified permit will allow the Town of Morehead City to remove material from the full federal channel footprint, instead of only a portion or 30-ft width. Maximizing the material removed from the channel will provide a longer maintenance interval before any additional dredging becomes necessary. This will provide an enhanced opportunity to improve or maintain the navigation access into Pelletier Creek, while also minimizing the maintenance frequency and potential disruptions to the adjacent environmental habitats. Maintenance History The USACE has historically maintained Pelletier Creek, however the federal government has not prioritized dredging the entrance channel in recent years. Records indicate the USACE dredged Pelletier Creek in 2001 and 2008, however, more recent maintenance events were managed by non-federal entities. (Tab E provides a summary of the USACE's original 408 review for the current authorization of CAMA permit 75-16. The 408 review provides a summary of previous maintenance events reported by the USACE) In 2016 Pensacola Yacht Club obtained CAMA permit 75-16 to conduct the maintenance dredging and the Town of Morehead City conducted the most recent work. In total, records indicate maintenance dredging occurred in Pelletier Creek during the following years: ■ 2001 (USACE) ■ 2008 (USACE) ■ 2016 (Pensacola Yacht Club) ■ 2020 (Town of Morehead City) Construction Template & Methodology The permit modification for Pelletier Creek will allow removal of approximately 4,500 CY of dredge spoil from the entrance channel. The modification request maintains the original design of -5-ft MLLW plus one (1) additional foot as an overdredge allowance, for a maximum excavation depth of -6-ft MLLW. The dredge template shall also maintain the same 3(H): l (V) side slopes as previously authorized. Excluding the side slope area, the maintenance dredging could impact a maximum of 2.2 ac (95,000 ft2). Figure 2 and Figure 3 show the dredge template in plan and profile view, respectively. The modification request will not change the construction methodology for the project, or the end use placement areas. The dredging will be conducted by the bucket to barge methodology, where an excavator mounted on a floating barge, removes the material and places it in a hopper or bin for transfer to an offloading site. At the offloading site, the material will be transferred to dump trucks, or other hauling equipment, for transport to a final placement area. Prior to placement of dredge spoils, the Town of Morehead City will notify the Division of Coastal Management (DCM) so a representative may inspect the site to help verify the appropriate erosion control BMPs have been established. In addition, DCM will be notified immediately in the unlikely event of containment breech. The dredge material will be placed a minimum of 30-ft landward of the NHW (normal high water) line or landward of any marsh area, whichever is more restrictive. 2 Town of Morehead City Pelletier Creek Maintenance Dredging Permit Narrative 65b,00S37;�! � .6 . E 2GW21 7. s E: �er�aay.ao i 3J•v, �'>o, • �- 13+W . 17, 4, iz+dn. I 1I '1bF00, N:38202 M E 2M70.10 A►JA �• "1—PROPOSED OREOGNGTOFL _ r JJJ 5.0WiLWWITH VALLOWABLE t OVER -DEPTH, TYP I FEDERAL NAVIGATION - CHANNEL LIMITS, TYP CL PELLETOR CREEK �' 74AVIGATION CHANNEL f� y cax N: 381120.4E Figure 2. Pelletier Creek Dredge Template (Planview) CLCHANNEL 25'-0" 25'-0" APPROX. EXIST. EDGE OF FEDERAL GRADE, EL CHANNEL, TYP VARIES I 3•r ,� 3'• I DESIGN DREDGE -5.0 MLLW7 VARIES OVER -DEPTH -6.0 MLLW TYP Figure 3. Pelletier Creek Dredge Template (Profile View) 3 Town of Morehead City Pelletier Creek Maintenance Dredging Permit Narrative Historic & Environmental Resources An archaeological assessment has not been completed for the proposed modification. However, the River and Harbors Act of 1954 provided federal authorization for the 1,900-ft entrance channel at a 50-ft width. In addition, records indicate the proposed channel entrance has been dredged four (4) times previously, dating back to 2001. Authorization of the previous maintenance events indicates no historical or archaeological resources fall within the proposed channel boundaries. Environmental resources, such as shellfish and submerged aquatic vegetation (SAV) have also not been identified within the proposed dredge area. Tab G provides the most recent publicly available SAV mapping efforts from the North Carolina Department of Environmental Quality (DEQ). Also, Tab H provides a memorandum between DCM staff indicating the site does not support shellfish habitat. The proposed work would also be conducted between November 16th and March 31 St of any year, consistent with the current permit authorization. Limiting the maintenance operations to cooler winter months lowers the probability of adverse environmental impacts. North Carolina Environmental Policy Act (SEPA) The North Carolina Environmental Policy Act (SEPA) helps to ensure projects provide the appropriate environmental review and documentation for decision making purposes. However, pursuant to North Carolina General Statute (NCGS) 113A-12(6), the issuance of a CAMA permit satisfies SEPA requirements for providing the appropriate environmental review. Therefore, indications suggest additional SEPA documentation should not be required for this modification request. Summary The Town of Morehead City is requesting a permit modification to allow maintenance dredging of the federally authorized Pelletier Creek entrance channel. Current authorizations allow excavation of a 30-ft channel approximately 900-ft in length. The modification request will allow the Town of Morehead City to maintenance dredge the full 1,900-ft channel length and 50-ft width. A maximum of approximately 4,500 CY will be removed from the approximate 2.2 ac site during the maintenance operations. The modification request will not change the proposed dredge depth [-5-ft (+1) MLLW] or channel side slopes (3H:IV). In addition, the modification request does not alter the requirements of any material transfer site or end -use placement site. The modification request maintains consistency with the Pelletier Creek federal authorization and should not create adverse impacts to shellfish or SAV habitat. Previous studies indicate the proposed dredge area does not support shellfish or SAV habitat. In addition, maintenance operations would be conducted between November 16 and March 31, to further limit the potential of adverse impacts. 4 ROY COOPER Governor MICHAEL S. REGAN Secretary NORTH CAROLINA Environmental Qualih September 8, 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 a0cdenr.gov SUBJECT: CAMA Permit Application Review— Major Modification 75-16 Applicant: Town of Morehead City Project Location: 4700 South Shore Dr., Carteret County Proposed Project: Maintenance Dredging 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 September 29s' 2020. If you have any questions regarding the proposed project, contact Heather Styron (252) 808-2808 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 ■ It •l: A St' U 'T1.4 yn MOREHEAD .CITY PROJECT r SITE ._ O� m ATLANTIC INTRACOASTAL WATERWAY y k_ ATLANTIC OCEAN Ak li L;H E DF IARTF I A :i0l ■ I ►I I! i Ordl. a 4 (. •- s A li. I` �`} �'�r� C �r r ,I . ��v-*d ,`gym ,. •, aeJ�� • t J •,�4��. r � IIIIIIIII� del Terra; en, I S f I ' PELLETIER CREEK �...... i1 1 HARBOR OF y REFUGE - C BOGUE II k r. SOUND Ito lb EEO si '>a e 4 ITE _' iT' - - ;- . 0 m Ar N: 362N8.00 E:26666 7 20 Apt- -- 19 F 44� W PROJECT TITLE.- PELLETIER CREEK MAINTENANCE DREDGING DATUM: MLLW PREPARED BY.' MOFFATT & NICHOL L N' FEDERAL NAVIGATION CHANNEL LIMITS, TYP "1C� DREDGE PLAN VIEW SCALE: 1"=300' PREPARED FOR: TOWN OF MOREHEAD CITY, NORTH CAROLINA DATE: MAY 20, 2020 NOTES: 1. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ACQUIRING USE OF ANY AND ALL MATERIAL TRANSFER SITE(S) AND MATERIAL PLACEMENT SITE(S). 2. THE CONTRACTOR SHALL MAINTAIN THE PROJECT AREA, INCLUDING THE PLACEMENT AREA(S), TRANSFER SITE(S), TRAFFIC CORRIDORS, AND STAGING AREAS FREE OF TRASH, DEBRIS, RUBBLE, AND ALL OTHER MISCELLANEOUS OBSTRUCTIONS. THE CONTRACTOR SHALL RESTORE THE PROJECT SITE(S) TO PRE -CONSTRUCTION CONDITIONS AS DETERMINED BY THE TOWN OF MOREHEAD CITY. 3. THE CONTRACTOR SHALL PREVENT RUTS, DITCHES, GULLIES, OR DEPRESSIONS FROM FORMING WITHIN THE OFFLOADING SITE, MATERIAL PLACEMENT SITE(S), OR TRAVEL CORRIDORS. UPON NOTIFICATION OF A RUT/DEPRESSED AREA, THE CONTRACTOR SHALL TAKE IMMEDIATE STEPS TO SMOOTH GRADE THE AREA IN QUESTION. DREDGE MATERIAL SHALL NOT BE USED TO FILL DEPRESSIONS CREATED AS PART OF THE CONSTRUCTION PROCESS. 4. MAINTENANCE DREDGING OPERATIONS MAY REMOVE UP TO APPROXIMATELY 4,500 CUBIC YARDS FROM THE PELLETIER CREEK CHANNEL LIMITS. 5. MAINTENANCE OPERATIONS MAY DREDGE TO -5 FT MLLW +1 FT OF ALLOWABLE OVER -DEPTH FOR A MAXIMUM (DEEPEST) DREDGE DEPTH OF -6 FT MLLW. CLCHANNEL 25'-0" APPROX. EXIST. GRADE, EL VARIES EDGE OF FEDERAL CHANNEL, TYP DESIGN DREDGE -5.0 MLLW OVER -DEPTH -6.0 MLLW TYP TYPICAL SECTION A -A NOT TO SCALE NOT TO BE USED FOR CONSTRUCTION ISSUED FOR PERMIT REVIEW ONLY SHEET TITLE.' DREDGE PLAN 300' 0' 300' 600' SCALE: 1 "=300' SHEET 2 of- 2 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Peletier Creek Maintenance Excavation, Town of Morehead City 2. LOCATION OF PROJECT SITE: Major Modification to extend the maintenance excavation for the entrance channel of Peletier Creek within the 1954 designated USCOE 50' x 1900' channel, Carteret County Photo Index - 2000: 41-522 O-Q (10) 2006: 41-8040 J (15) State Plane Coordinates - LAT 34°43'29.94 LON 76°46'49.11 3. INVESTIGATION TYPE: D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 8/20/2020 Was Applicant Present No 5. PROCESSING PROCEDURE: Application Received — 7/14/2020 Application Complete- 7/22/2020 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Morehead City Land Classification from LUP — Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Water (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — N/A Planned — none (F) Type of Structures: Existing — Excavated footprint of 30' x 900' x -4.5' Planned — maintenance excavation of existing entrance and 1954 federal authorized 50' x 1900' x -6' mllw USACOE channel to Peletier Creek (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Shallow Bottom 95,000 ft2 N/A N/A (D) Total Area Disturbed: 95,0001 (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant is proposing a major modification to existing major permit 75-16 to modify the previously permitted dredge footprint of 30' x 900' x -5' to match the 1954 federal maintenance limits of 50' x 1900' x -5' mllw (plus allowance for -1' over dredge for total of-6'mllw) USCOE channel along the entrance of Peletier Creek in Morehead City. Field Investigation Town of Morehead City Peletier Creek Page 02 9. Narrative Description: The Town of Morehead City, project is located off highway 70 East in Morehead City, Carteret County. The project area can be found via several different roads, however, the easiest viewing location is found by turning south off of Highway 70 East in Morehead City onto Mansfield Parkway (next to Kmart). Follow Mansfield Parkway to the end and turn left onto South Shore Drive. There is a private residence at the very end of this road, however there is an undeveloped private lot at the corner of Shore Drive and Tennessee Ave. that overlooks Bogue Sound. The Peletier Creek entrance is located to the east of this area. The subject area serves surrounding single family residences as well as surrounding businesses. The entrance channel to Peletier Creek is a USCOE designated channel with Peletier Creek designated as a Harbor of Refuge. According to the applicant, the channel was federally authorized in 1954 for a 50' x 1900' x -5' mllw channel. The current major permit authorized a 30' x 900' x -5' channel. According to the applicant, this area was excavated in 2001, 2008, 2016 and 2020. The water depths in the area to be excavated currently are -4.5 mllw, with a connecting water depth of -6' and greater leading south to the AIWW. The Division of Water Resources classifies this area as SB Waters. This part of Bogue Sound is not a designated Primary Nursery Area and is closed to the taking of shellfish. The Morehead City Land Use Plan certified in 2007 classifies this area as Conservation within the AEC. No shellfish resources or submerged aquatic vegetation were observed within the project area. There are single-family homes to the east and the west of the project location. 10. Project Description: The Town of Morehead City is proposing a modification to the previously permitted channel excavation of 30' x 900' x -5' to the federally authorized channel of 50' x 1900' x -6' within Peletier Creek. The existing water depths within these areas are an average of - 4.5 mllw with the connecting water depths at the channel entrance at -6'NLW or greater. A total of approximately 4,500 cubic yards of material would be removed from the main channel area with an excavation footprint of 50' x 1900'. The final depth for the entrance channel would be -6' (-5'+ -1' over dredge) mllw. The excavation would be done by bucket to barge and taken offsite to a preapproved spoil location. Per the applicant, the excavation of the original 50' x 1900' x -6' USACOE channel is necessary due to the area is a Harbor of Refuge and a means of continued commerce and livelihood for the small business as well as safe passage for boaters within the area. 11. Anticipated Impacts: The proposed excavation would increase turbidity and cause approximately 95,000 square feet of disturbance to shallow bottom habitat. There will be no impact to SAV or shellfish. Spoils would be barged and offloaded at a preapproved site. There would be spoil spillage at or near the shoreline and water column during the offloading process from the barge to Field Investigation Town of Morehead City Peletier Creek Page 03 the dump truck. Sedimentation measures would need to be taken to prevent spoil seepage and runoff into the adjacent waterbody and within the estuarine shoreline area. Any residual spoil berms on the bottom substrate would need to be restored to predevelopment elevations and contours. HEATHER STYRON Morehead City August 26, 2020 NC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) Applicant: Town of Morehead City Date: 8/26/2020 Project Site County Carteret Staff: HMS District: ❑Elizabeth City ❑Washington ®Morehead City ❑Wilmington Project Name: Peletier creek entrance channel maint excay. Date of initial application submittal (EX: 1/8/2007): 711412020 Date application "received as complete" in the Field office ; 7/22/2020 Permit Authorization: ❑CAMA ®Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes ®No Photos Taken: Yes ® No❑ Setback Required (riparian): ❑Yes ®No Critical Habitat: ❑Yes ®No ❑Not Sure 15 foot waiver obtained: ❑Yes ®No Hazard Notification Returned: ❑Yes ®No SAV: ❑Yes ®No ❑Not Sure Shell Bottom: ❑Yes ❑No ❑ Not Sure Temporary Impacts: ®Yes [:]No Sandbags: ❑Yes ❑No ❑ Not Sure Did the land use classification come from county LUP: ❑Yes ®No Mitigation Required (optional): ❑Yes ®No Moratorium Conditions: []Yes ❑No ❑NA Environmental Assessment Done: ❑Yes ®No ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis spicata) ❑ (SC) Bullrush or three square (Scirpus sp.) ❑ (TY) Cattail (Typha sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina patens) roemerianus) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 can ❑ III(D) Priv. public or comm w/ D&F to 1 acre; be applied - $250 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major permit - ❑ Major Modification to a CAMA Major permit ® IV Any development involving D&F of more $100 -$250 than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commercial/no dredge and/or fill $100 -$400 ❑ I. Private no dredge and/or fill - $250 ❑ lll(C) Priv. public or comm w/D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 Applicant: Town of Morehead Clty Date: 8/26/2020 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One excavation 1 New Work ❑ Replace 1900, 50' -6'nlw Maint ® ❑ Y ON New Work ® Replace Maint ❑ ❑ Y ON New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ® ❑ Y ON New Work ® Replace Maint ❑ ❑ Y ON New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Applicant: Town of Morehead City Date: 8/26/2020 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) Shallow Bottom Dredge ® Fill ❑ Both ElOther El 95000 95000 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ® Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ® Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ MAJOR PERMIT FEE MATRIX Applicant: Town of Morehead City. Selection Development Type Fee DCM % DWQ % (14300 16014351000931625 6253) (243001602 436100095 2341) I. Private, non-commercial ® development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($40.0) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached) can be a lied: III(B), Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic. life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open wafer areas: Permit Class TRANSFER/ RENEWAL/ MAINTENANCE-5 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission r ermt for X Major Development in an Area of Environmental Concern pursuant to NC GS 113 A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Town of Morehead City, 706 Arendell Street, Morehead City, NC 28557 Authorizing development in Carteret Permit Number 75-16 County at entrance channel of Pelletier Creek, within a designated USACE channel, in Morehead City, as requested in the permittee's application dated 5/19/16 including attached workplan dwgs (3) Plan View and Cross -Sectional dated received at DCM MHC 5/20/16 and Peltier Creek dated 6/13/13. This permit, issued on March 4, 2020 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below, Any violation of these terms may 6- to finPc imnricnnmP.nt nr civil Action- or may cause the permit to be null and void. Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) Excavation shall not exceed -6 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. . (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. 40� /a//6U Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Morehead City ADDITIONAL CONDITIONS Permit No. 75-16 Page 2 of 3 4) Prior to the initiation of any excavation and/or spoil disposal activities authorized by this permit, the permittee shall contact the Division of Marine Fisheries, Shellfish Sanitation and Recreational Water Quality, at (252) 726-7024 to determine if temporary shellfish or swimming advisories are required. Spoil Disposal 5) All excavated materials shall be confined above normal low water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 6) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any excavation activities. Maintenance Clause 7) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. General 8) The permittee and/or his or her contractor shall meet with a representative of the Division prior to initiation of any phase of this project. 9) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the written approval of the Division of Coastal Management. 10) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 11) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including authorization from the U.S. Army Corps of Engineers. Town of Morehead City ADDITIONAL CONDITIONS Permit No. 75-16 Page 3 of 3 NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal low water level. NOTE: A renewal/transfer fee of $200 was received by DCM for this project. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1.343 CESAW-ECP-PE MEMORANDUM.FOR RECORD SUBJECT: Section 408- Peltier Creels 2.8 0Qctober 2016 Federal Project Authority: Peltier Creek, which consists of an entrance channel (6' deep by 50' wide) and small boat basin (G' deep by 200' wide by 600' long), was authorized by the River and Harbor Act of 1954. Location and Description: The proposed project is located at Peltier Creek within the authorized U.S. Army Corps of.Engineers (USAGE). navigation projectin Carteret°C"ounty (Figure 1). Peltier Creels is designated as a Harbor of Refuge: a port, inlet, or other'body of water noimally sheltered from heavy seas by land and in which a vessel can navigate and safely moor. Proposed Action: The Wihriington District, Regulatory Division, received an application from tie Pensacola Yacht Club, LLC seeking Department of the Army (D A.) authorizati. qn to allov� maintenance dredging within the authorized dimensions of the existing USACE project:.at Peltier Creek. A total of approximately 3,000 cubic yards of material will be removed from the most heavily shoaled areas of the Peltier entrance channel and basin (Figure 2). The" proposed action is dredging to a depth of -6 feet mean low be water and a width of 30 feet. The dredging will. accomplished by bucket and barge with dredged. material taken offsite to a preapproved noisy federal upland disposal location. Technical Analysis: The Wilmington District operations.; Engineering,. and Plane in& Branches have reviewed the plans for the maintenance dredging and have concluded that there is no evidence to indicate that the proposed project will have any negative effects on the federal project. To the contrary, the proposed project will improve navigation within the federally authorized USACE project. Public Interest Determination: The channel leading. Vito Peltier Creek allows various- sized vessels to navigate the entrance channel. and to dock adjacent to the. basin. Peltier Creek is used for docking recreational boats, and is a Harbor of Refuge to protect ships from roiTgh seas: The proposed dredging will temporarily increase turbidity in the vicinity of the work; however, the proposed dredging should not adversely affect.significantresources, especially since the dredging will occur within a previously disturbed area. Peltier Creek is riot. designated as a Primary Nursery Area and the waters are closed to shellfish harvesting. No shellfish resources. or submerged aquatic vegetation occur within the project area. CESAW-ECP-PE SUBJECT, Section 408 -Peltier Creek Real Estate: Based on coordination with SAS -RE, the proposed project does. t-.ot involve Federal property; therefore. no USACE real estate action is required. Environmental Compliance: Pursuant to Section 404 of the Clean `Hater Act and Section 10 of Pensacola Yacht Club,; LLC is required:to obtain a D.A..permit. the Rivers and Harbors Act, the through the USACE Wilmington Regulatory Field Office. The proposed pa'aject is being evaluated in accordance with the National Environmental Poliey:Mt.(NEPA.) through. the issuance of General Permit 2878., for which an Environmental Assessment was previously completed. Compliance with all other applicable laws and regulations .will be completed prior to issuance of the D.A. permit. Conclusion: Based upon the foregoing, -it is my determination that:,'(1) the proposed action Will not be injurious to the public interest, and (2) the pxeposed action will not imparr the usefulness of the federal proj ect. Moreover, based upon a review of the questions set -'forth in EC 1 l.`b5 2 216, Para &t. (1)-(7), I have denn teinecl that the approval of this work is within my delegated authorit . In accordance vaith 33 U._S. C. 408, l hereby grant approval to the Pensacola approvalY Yacht Club, LLC to execute the proposed work. Point of Contact: For questions regarding this evaluation,..please contact Ms. Jenny Owens; Wilmington District Section 408 Coordinator; at: (910) 251-4757 or at Jennifer. l.owens a usace.army,mil. ~7 ac . KEVIN P. L itS SR. COL, EN. 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Date: June 6, 2016 0-9\1 Consistency Determination: The request is consistent with/not in conflict with the Town of Morehead City Land Use Plan certified by the CRC on September 28, 2007. Overview: The subject property is located off highway 70 East in Morehead City, The proposed project excavation site is located at the USACOE channel entrance to Peletier Creek off of Bogue Sound. According to the USACOE the site was excavated in 2001 and 2008. The project proposes to excavate approximately 3,000 cubic yards from the main channel area of 30' x 600' to 900'. Existing water depths at the site range from -1'to -3' NLW depending on location, proposed final water depth is -6' NLW. Areas of Environmental Concern (AEC) include Public Trust Area and Estuarine Water. This portion of Bogue Sound is classified as SB (Primary Recreation, Salt Water). This area of Bogue Sound is not designated as a Primary Nursery Area and is closed to the taking of shellfish. No Submerged Aquatic Vegetation (SAV) habitat or shellfish resources were found at the site. A review of historic and archaeological resources was not provided. Anticipated impacts resulting from this project are expected to include: an increase in turbidity and cause approximately 18,000 ftz of disturbance to shallow bottom habitat. There will be no impact to SAV or shellfish. Spoils will be barged and offloaded to a pre -approved site. Basis for Determination: The Town of Morehead City Future Land Use Map (FLUM) designates all estuarine waters as "Conservation/Open Space". The project appears consistent with the Future Land Use designations. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-28091252-247-3330 (fax) if North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 2 of 2 The following LUP policies may be applicable to this request: Areas of Environmental Concern (4.2.6, P. 94) Policy 1: "The Town of Morehead City supports state and federal law regarding land use and development in AECs". Policy 5: "...supports the use standards for estuarine and public trust areas as specified in 15A NCAC .0207' State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 1252-247-3330 (fax)