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HomeMy WebLinkAbout20201336 Ver 1_Meeting Request Review_20200929ID#* 20201336 Version* 1 Regional Office* Wilmington Regional Office - (910) 796-7215 Reviewer List* Holley Snider Pre -Filing Meeting Request submitted 9/29/2020 Contact Name * Contact Email Address* Project Name* Project Owner* Project County* Owner Address: Jordan Byrum jordan.byrum@ncdenr.gov Cedar Island Oyster Sanctuary North Carolina Division of Marine Fisheries Carteret Street Address 3441 Arendell St Address Line 2 aty Morehead City Rbstal / Zip Code 28557 Is this a transportation project?* r Yes r No Type(s) of approval sought from the DWR: r- 401 Water Quality Certification - F- 401 Water Quality Certification - Regular Express r- Individual Permit r- Modification r- Shoreline Stabilization Does this project have an existing project ID#?* r Yes r No State / Frovince / Region NC Country USA Do you know the name of the staff member you would like to request a meeting with? Please give a brief project description below. * The project will be to construct an oyster sanctuary in lower Pamlico Sound. The sanctuary will be constructed using clean aggregate materials such as limestone marl or concrete deployed from a barge. Construction will occur over a three year period, likely during the spring and early summer months. A scoping meeting was held at which DWR was present. The date of the scoping meeting was September 29, 2020 and this project was discussed. This meeting met the requirement for requesting a pre -filing meeting under 40 CFR Part 121 for 401 Certifications in accordance with the federal Clean Water Act. Please give a couple of dates you are available for a meeting. 9/29/2020 Please attach the documentation you would like to have the meeting about. Cedar Island Project Narrative_CAMA.PDF 2.31VIB Map_Cedar Island Sanctuary_Permit.pdf 235.29KB PlannedDeploymentMap.pdf 1023.81 KB pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Submittal Date 9/29/2020 Reviewer Meeting Request Decision Has a meeting been scheduled?* r Yes r No NCDMF Artificial Reefs The North Carolina Division of Marine Fisheries (NCDMF) Artificial Reef Program has been formally operating since the 1970’s and manages 68 artificial reefs and oyster sanctuaries. Twenty-five (25) of these sites are located in estuarine waters, and the remaining 43 are in ocean waters. In 2016, the NCDMF released an artificial reef guide which outlines each of the artificial reefs and oyster sanctuaries. This document provides material information, latitude longitude information, and a figure of the material on the reef site. A pdf version of the hardcopy reef guide can be found at: http://portal.ncdenr.org/c/document_library/get_file?uuid=24160156- 4b96-49e6-9126-4fa488b49cbb&groupId=38337. The NCDMF Artificial Reef Program has also developed an interactive reef guide, set up in an ArcGIS format is available here: https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=3b27e8594cb6444c88b5525b f763aa55. The interactive guide is complete with material shapefiles, latitude/longitude information, and side-scan sonar imagery. This is available for review by the public, state, and federal agencies. Location Siting General Protocol The NCDMF Oyster Sanctuary Program is charged with creating oyster reefs in Pamlico Sound as part of the Senator Jean Preston Oyster Sanctuary Network. These reefs are protected from shellfish harvest and are strategically sited in consideration of physical and biological requirements for oyster propagation, interactions with existing oyster sanctuaries, as well as logistical, economic, and social factors. With attention to connectivity and bio-physical requirements, NCDMF works with North Carolina State University to implement a habitat suitability index (HSI) model for oyster restoration. This model uses a variety of inputs, including habitat connectivity potential based on published larval transport data for the Pamlico Sound. Essentially, this model is a tool to estimate the connective value of prospective sanctuary sites in terms of larval subsidies to other sanctuaries, cultch planted reefs, and natural reefs. In further consideration of bio-physical requirements, the site selection protocol incorporates best management practices for selecting sites based on bottom sediment type and existing natural resources, such as shell or seagrass. During site investigations, staff use side scan sonar, backscatter analysis, and benthic grab (ponar) to evaluate local conditions. Data from these site investigations are used to determine proposed reef boundaries. The proposed sanctuary will be permitted through the Division of Coastal Management and the US Army Corps of Engineers. This permitting process allows other agency comments as well as a public comment period that will identify potential user conflicts with the location of the sanctuary. Cedar Island Site After thorough investigation, the NCDMF has identified a 75-acre site near Cedar Island as the preferred location for upcoming reef development under the NCDMF-Coastal Federation partnership. Cedar Island is located in the mouth of West Bay, 1.5 nautical miles to the north of Cedar Island’s most western point (Figure 1). The average depth of the site is ~15 feet with a range from 11 to 17 feet (Figure 2). The bottom type within the proposed boundaries of the site is relatively uniform throughout depth ranges and consists primarily of muddy sand (Figure 3, Figure 4). Since oyster reefs can be susceptible to die offs caused by hypoxic events (<4 mg/L O2; North Carolina Department of Environment, Health and Natural Resources, Division of Water Quality, standard) and predatory pests (boring sponge, oyster drills, etc.), the Division also includes these in consideration for selecting a suitable site. Nearby, recent water quality monitoring for the area measured dissolved oxygen levels ranging from 5 to 12 mg/L O2, and salinities from 7 to 24 ppt, indicating this site is suitable for supporting oyster populations (UNC IMS, Paerl Lab, Station 8: 2018-2020). Additionally, the proposed new oyster sanctuary is in relatively close proximity to Raccoon Island, Swan Island, and West Bay. Each of these sanctuaries are considered to be successful (≥20 oysters/m2) based on 2019 and 2020 NCDMF oyster sanctuary monitoring assessments. After analysis of the bathymetric survey, it was concluded that there is no existing shell resource. Additionally, the 75-acre site is expected to have a minimal impact on commercial trawling, though concerns will be addressed in the public comment period of the permitting process. However, by strategically building a sanctuary on the edge of a shallow shoreline which poses a navigational clearance hazard, deep drafting fishing vessels are less apt to visit the area (Figure 1). Within the 75-acre boundary, NCDMF intends to establish a 100-foot buffer of no development, leaving 60 acres available for reef construction. The purpose of this buffer is to protect against deployment error and possible material movement over time. In summary, the proposed Cedar Island site has been selected due to its favorable depth strata, water quality characteristics, and ability to provide additional connectivity to other successful, nearby sanctuaries, while also remaining outside of any major vessel thoroughfare. Materials General Specifications NCDMF intends to use only biologically suitable materials which have previously been approved by permitting agencies. Further, the NCDMF applies experiential knowledge and best management practices to avoid propagating reef species which are invasive or detrimental to local estuarine ecosystems. Reef construction materials used by NCDMF are described in detail within the Guidelines and Specifications for Acceptable Artificial Reef Materials, 2016 2nd Edition (Attachment 1). Cedar Island Materials To complete 60 acres of reef habitat, the NCDMF may elect to use a variety of previously permitted and approved materials including but not limited to: precast concrete, reinforced concrete pipe, crushed concrete and concrete rubble, reef balls, granite rock, basalt rock, and additional limestone rock. NCDMF is seeking permit approval for up to 60 acres of developed bottom, using any of the aforementioned, previously approved reef construction materials in various quantities to complete the reef. In selecting a suitable material type for this sanctuary, the Division has taken into account the material performance at nearby sanctuaries and the influence annual water quality may have on the proliferation of potential sanctuary pests (boring sponge, oyster drills, etc.). In terms of settlement and survival, granite, marl, and crushed concrete have each produced oyster densities > 20 oyster/m2 in areas with similar water quality characteristics over the last few years. By applying similar sanctuary performance and characteristics information, currently available stockpiled material (3400 tons limestone marl, class B rip rap), and actual material deployment costs, a rough annual material deployment plan has been laid out below. Year Acreage Material Type Material Tonnage 2021 ~8 Limestone class B rip rap | Crushed Concrete 3,400 | 15,000 2022 ~8 Crushed Concrete/Other 20,000 2023 ~8 Crushed Concrete/Other 20,000 General Practices NCDMF coordinates all reef deployments, using either marine contractors or State- maintained vessels and staff. In either instance, NCDMF staff remain on site during all deployments to ensure enhancements remain (1) within permitted boundaries and (2) compliant with navigational clearance requirements. Cedar Island Deployments Since the Division currently has ~3400 tons of limestone class B rip rap currently stockpiled at the staging site, it will be deployed in conjunction with a similar sized crushed concrete during year one to develop approximately 8 acres of restored oyster habitat. In subsequent years, any of the previously approved materials (Attachment 1) may be used to complete the site, for a total of up to 60 acres of developed bottom and 75 total acres of permitted sanctuary area. This 8-acre annual goal will of course be dependent on appropriated budget and material costs adjustments. NCDMF will work with the Coastal Federation and contractors to employ the most effective and controlled deployment strategies. In general, this reef will be designed as an array of ridges. Each ridge will have a profile of no less than two feet and no more than six feet. This approach will allow more flexibility for both NCDMF and the contractor to construct greater acreage without requiring high precision to maintain permit compliance. All deployments of material will be conducted by a capable marine contractor chosen by the Coastal Federation and NCDMF. Detailed schematics and design plans will be included in the contractor’s scope of work and strictly adhered to. To guide contractors during deployments, NCDMF staff will mark each ridge with high-flyer buoys, placed incrementally along a straight line (Figure 5). As deployments occur, NCDMF staff will periodically halt deployments in order to check the vertical profile of deployed materials throughout the project. GIS, GPS, sounding poles, and high frequency sonar will be used to monitor reef development for permit compliance. Deployment lines will each be around 200 feet in length and deployed in parallel ridges to ensure deployment accuracy and reduce vertical clearance concerns. Marking buoys will be placed at each end of deployment lines to aid contractors with accuracy. NCDMF vessels will be present at all times and aid the contractor vessel to ensure positioning and deployment occurs at the proper coordinates Figure 1. Density data for vessels equipped with AIS transponders during the year 2011 in the Pamlico Sound and surrounding waterways. Based on this information, there is no direct impact on vessel passage due to the construction of this proposed new oyster sanctuary. Figure Date: 8/27/20 Figure 2. Bathymetry scan of the proposed site for Cedar Island Oyster Sanctuary indicating a minimum depth of 11 feet and a maximum depth of 16.5 feet. Figure Date: 8/27/20 Figure 3. Map containing bottom type measured via backscatter and the sampling locations for benthic grab sites 1 – 6. Figure Date: 8/27/20 Figure 4. Benthic sediment grabs collected from each of the six locations sampled within and around the proposed boundary area. All sediment samples contain substrate composed of primarily sand mixed with silty mud, which is considered a suitable bottom type for sanctuary construction. Figure Date: 8/27/20 Figure 5. GIS drawing of the deployment strategy. Parallel “ridges” of material will be developed to streamline deployment efforts as well as increase developed acreage of oyster habitat. Year one deployments cover ~ 8 acres of footprint Figure Date: 8/27/20 Figure 6. Conceptual drawing of a ridge of deployed material with reference buoys to guide deployments. Figure Date: 8/27/20 Figure 7. Boundaries for each reef site were defined in a boundary packet which detailed the coordinates of each reef, material locations, reef boundaries, and acreages of reefs and materials. This packet was accepted by Division of Coastal Management on July 10, 2017 and USACE on October 25, 2017. This is the prospective page which will be added after this reef is permitted. Attachment 1. Guidelines and Specifications for Acceptable Artificial Reef Materials (2016, 2nd Edition) MarineCadastre.gov, NOAA Office for Coastal Management OS-16 C edar Island ¯ 0 1,500 3,000750 Feet NW 35° 3.471' N 76° 22.922' WNE35° 3.463' N 76° 22.560' WSE35° 3.165' N 76° 22.570' WSW35° 3.173' N 76° 22.932' WSiteMaterial Boundary Information 0 acres75.00 acres Site Depth 15 ft.Min. Vertical Clearance 6 ft.Clearance Verification N/A 1.3 nautical miles N W of Cedar Island Proposed Oyster Sanctuary Figure Prepared 9/10/2020 Sanctuary Boundary Cedar Island Oyster Sanctuary AN 0 250 500 1,000 Feet ,\ II I I II I I I w Fir i i►�1 Legend Q Permit Corners ----- Deployment Lines Permit Boundary Area Material Footprint ® 100ft buffer Proposed Construction Design: Material will be deployed in ridges similar to another recent sanctuary construction project (Swan Island). Each ridge will be around 200 feet long and 40 feet wide. So far, this design has proven to successfully provide adequate rugosity and complexity to promote successful oyster larvae settlement, growth, and survival. v 20 12 13./'� �' `� �Ilp�rgrlll lllll111 ire is 11 14 FI R`25s 15tt "2 4M W6 2 *14� ��rni�nulu� rso 1&1 10 / 13 14 tz 3 s 9 6 n is .... 13 21 / .... Markef......... Subrr. 21 FI G 2.5s 15ft21 .., 4M "5WB„ �.. 0'l 5 13 \ 3 3 34- io:..