Loading...
HomeMy WebLinkAbout20100557 Ver 1_CAMA Application_20100714A ?"Ja 2 0 1 0 0 5 5 7 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary JulY 13, 2010 #4@1W# v?4 Al l 4 2010 MEMORANDUM SO WA MR '? srgq?,y??iry TO: Cyndi Karoly Environmental Biological Supervisor Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: The Nature Conservancy / US Fish & Wildlife Service Project Location: Pamlico Sound off Alligator River Nat'l Wildlife Refuge, Dare Co. Proposed Project: Construct 3 oyster reef/breakwaters Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/03/10 to 400= Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Claudia Jones at (252) 264-3901. 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 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723; Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer NorthCarohna Naturally 0 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAM: U.S. Fish &. Wildlife Service,'Nature Conservancy i'Major -',v1od. of #08-1G) 2. LOCATION OF PROJECT SITE: The sites of the proposed projects are in the Pamlico Sound between Manns Harbor and Stumpy Point off of the Alligator River National Wildlife Refuge. There are three individual site locations within this area. The Point Peter site is down a gravel road off of Highway 264, approximately 7 miles south of the intersection of Highways 64 and 264 within the Alligator River National Wildlife Refuge. The northern and southern sites do not have vehicular access. The northern site is 1.75 miles north of the Point Peter site and the southern site is 2.75 miles south of Point Peter. Photo Index - Point Peter Site: 2006: 178-8936 (C5, C6); 1995: 178-1837 (E2, E3) Northern Site: 2006: 178-8939 ((P13, P14) 1995: 178-1840, (S3, S4) Southern Site: 2006: 176-8878 (112) 1995: 178-1836 (G-14) State Plane Coordinates - X: 2966475 Y:750829 Rover File: B081816A USGS Map: Wanchese (middle left) 3. INVESTIGATION TYPE: CAMA and D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visits- August 18, 2009, June 10 & 15, 2010, July 9, 2010 Was Applicant Present-yes, on two of four visits 5. PROCESSING PROCEDURE: Application Received Complete- June 28, 2010 6. SITE DESCRIPTION: (A) Local Land Use Plan - 2003 Dare County Land Use Plan Land Classification from LUP - Conservation (B) AEC(s) Involved: Estuarine Waters, Public Trust Area (C) Water Dependent: Yes (D) Intended Use: Public, Erosion control/habitat creation/research (E) Wastewater Treatment: N/A (F) Type of Structures: Pt. Peter site: Existing -Gravel road, marl breakwater/sills Planned - Oyster shell breakwater/sills Northern site: Existing - None Planned - Marl breakwater/sills Southern site: Existing - None Planned - Marl breakwater/sills (G) Estimated Annual Rate of Erosion: 15 feet/year Source -Applicant Field Investigation Report Point Peter Road Oyster Restoration Project Major Modification- Dare County Page 2 7. HABITAT DESCRIPTION: [AREA, square feet (SF)] DREDGED FILLED I SHADED Point Peter Site (A) Estuarine Waters / Public Trust Area None 4,000 sq. feet None (B) Estuarine Shoreline / Uplands None i None None Northern Site (A) Estuarine Waters / Public Trust Area None 2,000 sq. feet None (B) Estuarine Shoreline / Uplands None None None Southern Site (A) Estuarine Waters / Public Trust Area None 2,000 sq. feet None (B) Estuarine Shoreline / Uplands None None None (C) Total Area Disturbed: 8,000 sf (0.18 acre) Point Peter Site: 4,000 sf Northern Site: 2,000 sf Southern Site: 2,000 sf (D) Primary Nursery Area: No (E) Water Classification: SA (commercial shellfishing) Open 8. PROJECT SUMMARY: The applicant proposes to construct three oyster reef/breakwaters at three locations in the Pamlico Sound adjacent to the Alligator River National Wildlife Refuge near Stumpy Point. They have previously constructed a breakwater at the Point Peter site under Major Permit #08-10. They are requesting a modification of that permit. Project Setting 4 The proposed oyster reef/breakwater will be constructed in waters of the Pamlico Sound adjacent to the Field Investigation Report Point Peter Road Oyster Restoration Project Major Modification- Dare County Page 3 Alligator River National Wildlife Refuge on the Dare County Mainland. All three locatic s are between vlanns Harbor to the north and Stumpy Point to the south. Alligator River National NVildlife Refuge cons s t s of 152,000 acres of forested, scrub shrub. and herbaceous wetlands on mainland Dare and Hyde counties. The shoreline along the Refuge's Croatan/Pamlico Sound interface is natural with an irregularly eroding peat shoreline interspersed with a few small sand beaches. Coastal Wetlands (primarily Spartina patens, Distichlis spicata, Cladium jamaicense) predominate in most places along the shore with some areas of 404 wetlands (composed predominately of Baccharis halimifolia, Morella cerifera and Phragmites australis) also present. The Point Peter site is just north of the eastern terminus of Point Peter Road, a gravel road within the refuge boundary that goes from Highway 264 to the Pamlico Sound. The road is located approximately 7 miles south of the 64/264 intersection. At the end of Point Peter Road a 10-20 foot wide finger of peat juts out into the sound almost 100 feet. There is an approximately 10-foot wide ditch parallel to Point Peter Road to the north and a 40-foot wide canal along the south side of the road. The ditch seems to open and close and is closed right now. The water depths in the project area range from 2 feet to 6 feet. The water depth where the sills are to be constructed is approximately 4.5 feet. The bottom substrate is sand. No submerged aquatic vegetation (SAV) was observed in the project area. There is an existing 430 ft. breakwater consisting of four sills just north of the road that was permitted under Major Permit #08-10. The closest adjacent property owners are approximately 6.5 miles to the north and 4 miles to the south. The northern site is approximately 2.75 miles to the north of Point Peter Rd. There is a small drainage ditch (5'-10' wide) from the marsh that drains into the Pamlico sounds. Phragmites australis is growing immediately adjacent to the ditch with an expanse of sawgrass (Cladium jamaicense) beyond that. Scattered Baccharis halimifolia and other wetland shrub species are along the peat shoreline. Water depths range from -3.5 - 6.0 offshore in the project area. The substrate is sandy. No SAV was observed in the project area. The closest adjacent property owners are approximately 3.5 miles to the north and 7.25 miles to the south. The southern site is approximately 1.75 miles south of Point Peter. There is an old ditch(5'-10' wide) that has naturally become plugged. There is a mowed firebreak next to the ditch on the south side. Water depths in the project area are between -2' and -3'. The substrate is sandy. No SAV was observed in the project area. There are coastal wetlands of similar composition to that at the Point Peter site as well as 404 wetlands. The closest adjacent property owners are approximately 6.5 miles to the north and 4 miles to the south. The waters adjacent to the Refuge in this portion of the Pamlico Sound are classified as SA and are open to commercial shellfishing. Project Description The applicant proposes to construct three oyster reef breakwaters by installing a series of sills at three separate locations. At the Point Peter location, a series of sills constructed out of bagged oyster shells is proposed immediately north of the existing, recently constructed marl breakwater/sills. The shell bags would be Field Investigation Report Point Peter Road Oyster Restoration Project Major Nlodification- Dare County Page 4 constructed in 4 individual 100 ft segments an average of 95 ft waterward of NWL, with a 10 ft spacing between segments. The new segment would add an additional 430 ft to the existing 430 ft segment. The bags will be filled with oyster shells offsite and moved to Pt. Peter Rd. to be placed on a barge and moved to the sill construction area. At the northern site the applicant proposes to construct two 100 ft segments with 5 ft spacing between segments and a 10 ft overlap of the segments. The sills will be 10 ft wide and 5 ft tall. The sills will be parallel to shore at an average distance of 32.5 feet waterward of NWL and straddling the ditch opening. At the southern site the sills will be constructed between 80-100 ft waterward of NWL in two 100 ft segments and extend on either side of the ditch. The sills will be 10 feet wide and 3.5 ft tall with a 5 ft spacing and a 10 ft overlap. The sills at the northern and southern sites will be constructed of Class B riprap marl. The marl will be stored on a gravel portion of Point Peter Road and accessed by barge from the adjacent canal. Construction of the sills will be from the barge. The purpose of the project is to create oyster habitat, reduce erosion, and to create a protected shallow-water area to potentially allow the establishment of submerged aquatic vegetation (SAV). The Nature Conservancy is looking at this as a pilotlexperimental project to study the potential effectiveness of using marl/shell reefs to increase the ability of near shore habitats and their ecological communities to adapt to sea level rise. 9. ANTICIPATED IMPACTS It is anticipated that the proposed development will cause the following impacts: • Construction of the sills will result in the filling of 8,000 SF (0.18 acre) of Public Trust Area and Estuarine Water bottom AECs. • The construction will result in temporary turbidity in the immediate project area. • It is anticipated that the impacts stated above will be offset by creation of fish/oyster habitat/ and if successful, reduction of erosion along the shoreline. • There is the potential for the marl/oyster shell bags to be moved by high wave energy. A review of available maps indicates that no archaeological sites are located in the immediate vicinity of the proposed development. Submitted By: Claudia Jones Date: ......... July 12, 2010 MAJOR PERMIT FEE MATRIX Applicant: U.S. FISH & WILDLIFE SERVICE / THE NATURE CONSERVANCY Selection Development Type Fee DCM % DWQ % 1601 4351000931625 6253) (243001602 435100095 2341) I. Private, non-commercial + ® development that does not 100% ($250) 0%($0) involve the filling or excavation of any wetlands or o en water areas: OR MODIFICATION II. Public or commercial development that does not $400 100%($400) 0%($0) involve the filling or excavation of any wetlands or open water areas: 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. 3490 (See attached can be applied: III(B). Public or commercial development, if General $400 100%($400) 0%($0) Water Quality Certification No. 3490 (See attached) can be applied: III(C). If General Water E E] Quality Certification No. $400 60%($240) 40%($160) 3490 (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) 3490 (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 water areas: J lN 2 4 20i?? COASTAL MANAGEMENT Alligator River offshore oyster reef sill demonstration project: project narr five ELZABETH CITY Accelerating sea-level rise, as well as an increased frequency and severity of storm and wind events have hastened erosion along some shores of the Alligator River National Wildlife Refuge to unsustainable levels. For example, shoreline erosion in the vicinity of Point Peter Road, an estuarine access road halfway between Manns Harbor and Stumpy Point, has been calculated to exceed 40 feet per year based upon analysis of historical and current aerial photography. The Nature Conservancy, in partnership with the U.S. Fish and Wildlife Service, is proposing to undertake a pilot project to determine the efficacy of building oyster shell bag and marl offshore oyster reef sills along high-energy estuarine shorelines to: (i) attenuate wave energy and reduce rates of erosion in order to increase the resilience of shoreline ecological communities to sea- level rise, (ii) create conditions under which new shallow-water habitat can become established, and (iii) restore native oyster habitat. These sites will serve both as experimental reefs to identify the most efficient and cost effective natural material for shoreline protection and as a demonstration of natural alternatives to hard stabilization along erosive shorelines. Oyster shell bags, mesh bags filled with lose oyster shell, are a commonly used oyster restoration material and have been successfully deployed as offshore oyster reef sills in high energy locations across North Carolina including Jockey's Ridge State Park. Marl, class B riprap limestone fossil rock, has already been permitted and deployed in the vicinity of Point Peter Road, Alligator River National Wildlife Refuge as an offshore oyster reef sill and also is the preferred material for the North Carolina Division of Marine Fisheries for the construction of subtidal oyster sanctuaries. The proposed project is a modification to the currently permitted offshore marl oyster reef sill project adjacent to Point Peter Road, Alligator River National Wildlife Refuge, Dare County (DCM Permit No. 08-10; 400 linear feet total) to build an additional 800 linear feet of offshore oyster reef sills in several locations on the eastern shoreline of Alligator River National Wildlife Refuge. We are proposing to use oyster shell bags (400 linear feet) and marl (400 linear feet) as our sill construction materials. The focal point of development activities will be waterward of Point Peter Road (400 linear feet total of shell bag offshore oyster reef sills) adjacent to the currently permitted offshore marl oyster reef sill project. The oyster reef sills will be configured parallel to shore at an average distance of 95 feet waterward of NWL. The sills will be constructed in individual 100 foot segments (10 feet wide; 4-5 feet tall) with a 10 foot spacing between adjacent segments. We also propose two additional highly eroding sites to the north and south of Point Peter, both adjacent to secondary drainage ditches, where 200 linear feet of marl oyster reef sills are to be constructed at each location. The oyster reef sills will be configured generally parallel to shore at an average distance of 32.5 feet waterward of NWL at the northern drainage ditch site and 90 feet waterward of NWL at the southern drainage ditch site. The sills will be constructed in individual 100 foot segments (10 feet wide; 5 feet tall at the northern drainage ditch site and 3.5 feet tall at the southern drainage ditch site) with a 5 foot spacing and 10 foot overlap between adjacent segments. Construction of all offshore oyster reef sills will be conducted using a shallow water barge contractor, although volunteers may be used to construct the shell bag offshore oyster reef sills. It is anticipated that the relief and structural complexity of these reefs will baffle wave energy and storm surges, thus reducing shoreline erosion potential. In addition, the natural communities that most certainly will develop on these structures will provide valuable human ecosystem services, including improvement of water quality and sequestration of carbon, while functioning as exceptional habitat for numerous fishes and invertebrates. E: r-N RECEIVED JUN 24 2010 COASTAL MANAGEMENT ELIZABETH CITY RECEIVED + 2 0 1 (: = M!-1 APPLICATION for Miler lovelopment POMN (last revised 12127106) COASTAL MANAGEMENT ELIZABETH CITY North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) Untited States Fish And Wildlife Service Alligator River offshore oyster reef sill demonstration project Applicant 1: First Name MI Last Name Dennis Stewart 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 Alligator River National Wildlife Refuge 1969 Manteo NC ZIP Country Phone No. FAX No. 27954 Dare 252 -473-1131 ext. 231 252 -473 -1668 Street Address (rf different from above) City State ZIP 708 North Hwy 64 Manteo NC 27954- Email dennis-stewart@fws.gov 2. AgentContractor Information J Loll Business Name f F 2 ?? The Nature Conservancy Zl4P•yt ? Agent/ Contractor 1: First Name MI Last Name a1yt Brian P Boutin Agent/ Contractor 2: First Name MI Last Name Aaron J McCall Mailing Address PO Box City State 701 West Ocean Acres Drive Kill Devil Hills NC ZIP Phone No. 1 Phone No. 2 27948 252 -441 - 252 5 ext. 28 252 - 441 - 2525 ext. 27 FAX No. Contractor # 252 441 1271 Street Address (if different from above) City State ZIP Email bboutin@tnc.org; ajmccall@tnc.org <Form continues on back> 252-808-2808 - 3-888-4RCOAST ., wvww.nccoastat;nanagernent.net Form DCM MP-1 (Page 2 of 5) nl=vci v LL) JUN 2 4 2010 APPLICATION for Major Development Permit 3. Project Location COASTAL MANAGEMENT T County (can be multiple) Street Address State Rd. # Dare E of Hwy 264 including Point Peter Road Subdivision Name City State Zip None Manns Harbor/Stumpy Point NC 27953/27978 - Phone No. Lot No. (s) (if many, attach additional page with list) - - ext. 028268000,013207000, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank River Pamlico Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ?Manmade ?Unknown Pamlico Sound 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. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 49,010' 41,450.19 acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 31,506 acres, 9,944.19 acres, NWL (normal water level) (if many lot sizes, please attach additional page with a list) 1-2' ?NHW or ®NWL e. Vegetation on tract Brackish and freshwater marsh, pond pine/giant cane pocosin, and cypress/gum swamp f. Man-trade features and uses now on tract Point Peter has a gravel road leading down to Pamlico Sound adjacent to a major drainage ditch. Several other major and minor drainage ditches bisect the tract, including those running adjacent to Hwy 264. g. Identify and describe the existing land uses adiacent to the proposed project site. The land adjacent to the project site is owned and managed by USFWS as part of the Alligator River National Wildife Refuge with the purpose of habitat conservation for perpetuity. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Vacant Land-Federal Govt (Attach zoning compliance certificate, if applicable) ?Yes ?No SNA 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? ' 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> 252-806-2808 ., 11-888-4RCOAST ., vavv?N.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 5) RECEIVED I I! N 2 4 20"1 APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ?No (ii) Are there coastal wetlands on the site? COASTAL PJIAa IAGPIJENT ( ®Yes ?No ELIZABETH CITY (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. Historic man-made ditch network draining into adjacent public trust waters.. 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. This is a pilot project to determine the efficacy of building shell bag and marl offshore oyster reef sills along several sections of a high-energy estuarine shoreline to: (i) attenuate wave energy and reduce rates of erosion in order to increase the resilience of shoreline ecological communities to sea-level rise, (ii) create conditions under which new shallow-water habitat can become established, and (iii) restore native oyster habitat. 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. Marl oyster reef sills will be construted by mechanically deploying the material from a single shallow water barge using a single backhoe. Shell bag oyster reef sills will be constructed by mechanically deploying the material from a single shallow water barge equipped with a crane and/or using volunteers to deploy individual shell bags. The barge and other heavy machinery will be stored at the contractors place of business when not in use. d. List all development activities you propose. We propose to modify our currently permitted offshore marl oyster reef sill project adjacent to Point Peter Road, Alligator River National Wildlife Refuge, Dare County (DCM Permit No. 08-10; 400 linear feet total) to build an additional 800 linear feet of offshore oyster reef sills using oyster shell bags (400 linear feet) and marl (400 linear feet) along the eastern shoreline of Alligator River National Wildlife Refuge. The focal point of development activities will be waterward of Point Peter Road (400 linear feet total of shell bag offshore oyster reef sills) adjacent to the currently permitted offshore marl oyster reef sill project. We also propose additional sites to the north and south of Point Peter, both adjacent to secondary drainage ditches, where 200 linear feet of marl oyster reef sills are to be constructed at each location. e. Are the proposed activities maintenance of an existing project, new work, or both? New worts f. What is the approximate total disturbed land area resulting from the proposed project? N/A ?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. Point Peter Road runs parallel to a major drainage ditch the empties directly into Pamlico Sound. Several other major and minor drainage ditches bisect the tract, including the two minor drainage ditches that connect directly to Pamlico Sound to the north and south of Point Peter where offshore oyster reef sills are proposed. 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. 232-803-2808 . 1-688-4RCOAST www.necoastalmanagernent.net Form DCM MP-1 (Page 4 of 5) RECEIVED A PLICATION for Maj r Dev lopment Permit <Form continues on [bacnn,Ta1 nnarn;;F14FVT 6. Additionallnformation Fi !ZABrTH CITY 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) - (t) are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. 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 Mr. George S. Jackson Phone'No. Address 1523 Rivershore Road, Elizabeth City NC, 27909 Name Mr. William B. Twiford, Sr. Phone No. Address PO Box 355, Manteo, NC 27954 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. DCM Permit No. 08-10, The Nature Conservancy, 1/22/2010 DWQ Project No. 09-0960, The Nature Conservancy, 9/17/09 COE Action Id. No. SAW-200901709, The Nature Conservancy, 9/17/09 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 May 11, 2010 Print Name Brian Boutin 1`r-- 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 252-80€3-2808 ,. i-888-4RCOAS`1' ., >parr,sacc?as irra age ?t.saet Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit RECEIVED JUN 2 4 20110 COASTAL MANAGEMENT ELIZABETH CITY 252-808-2808 „ 1-888-4RCOdAST „ www.nccoastalmanage-nent.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) RECEIVED JU1N 2 4 20110 COASTAL MANAGEMENT Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Bel si ire to rx,rr Wi§L if other' 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. Joint Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL stabilization Length see below Width see below Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL ?None (ii) Describe the purpose of the excavation in these areas: d. High-ground excavation in cubic yards. 2. 'DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable l a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? ?Yes ?No ?NA (ii) If no, attach a letter granting permission from the owner. d. (i) Will a disposal area be available for future maintenance? ?Yes ?No ?NA (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL ?None (ii) Describe the purpose of disposal in these areas: f. (i) Does the disposal include any area in the water? ?Yes ?No ?NA (ii) If yes, how much water area is affected? 252-808-2808 ;: 1-888- RCDA.S f ;; ?3F?a?r ?s?cpas??(.?araa? ? eratori?a r? ?s sec: 112126/f t r c)r I3 - (-Rxcavatioi ai nd Fi;l, 'age 21of 3) J!JN 2 4 7`7" 3. SHORELINE STABILIZATION -1 This section not applicable (if development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: b. Length: 800' total: 400' at Point Peter; 200' at the northern []Bulkhead []Riprap EBreakwater/Sill []Other. drainage ditch site 200' at the southem drainage ditch site Width: 10' c. Average distance waterward of NHW or NWL: 95' adjacent to d. Maximum distance waterward of NHW or NWL: 110' at Point Point Peter, 32.5' at the northern drainage ditch site; 90' at the Peter, 45' at the northern drainage ditch site; 105' at the southern southern drainage ditch site drainage ditch site e. Type of stabilization material: oyster shell bags and marl f. (i) Has there been shoreline erosion during preceding 12 months? EYes ONo ?NA (ii) If yes, state amount of erosion and source of erosion amount information. 15' based on repeated measurements of shoreline benchmarks g. Number of square feet of fill to be placed below water level. Bulkhead backfill - Riprap Breakwater/Sill 8,000 Other i. Source of fill material. Local fish houses; DMF (oyster shell) and New Bern (marl) h. Type of fill material. oyster shell bags and marl 4. OTHER FILL ACTIHITIES EThis section not applicable (Excluding Shoreline Stabilization) a ri1 Will fill material be brouaht to the site? []Yes ?No ?NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL 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)? N/A Shallow water barge, backhoe, forklift, and crane c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project []Yes ENo ?NA site? []Yes ENo ?NA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize Yellow reflectors will be installed at least 3' above NWL at 50' environmental impacts. intervals. submerged aquatic vegetation (5AV), sneii uottom (ors), 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: 252-808-2808 -- 1-888-4RCOAST .: www.,ncco?staimanaqement.net revised: 12f26iO6 May 11,2010 Date Alligator River offshore oyster reef sill demonstration project Project Name Brian Boutin (The Nature Conservancy) Applicant Name Brian Boutin Applicant Sign RECEIVED JUN 24 2010 COASTAL MANAGEMENT ELIZABETH CITY a?ev"sseai: 1 i2670r1 252-808-2808:- 1-888-4RCt`AST :: wl-v(w,nccoast ate jar aq,'-I alr--ntariet 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ? Office Toilets ? Toilets for patrons; Number: ; Location: RECEIVED ? Showers ? Soatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. COASTAL MANAGEMENT d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ?Yes ?No 252-808-2808.-.- 1-888-4RCOAST :. www.nccoastalnianaqement.net revised: 12/27/06 11 J For-in DIV-4 n. Is the made a/docking facility proposed within or adjacent to any shellfish harvesting area? ?Yes ?No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ?Yes ?No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): []Commercial ?Public/Government []Private/Community JAGEMENT (ii) Number COASTAL MA,' (iii) Length ELIZABETH CITY (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ?This section not applicable a. Length 800' total: 400' at Point Peter; 200' at the northem b. Average distance from NI-W, NWL, or wetlands drainage ditch site: 200' at the southern drainage ditch 95' adiacent to Point Peter 32.5' at the northern drainage site ditch site; 90' at the southern drainage ditch site c. Maximum distance beyond NMN, NWL or wetlands 110' at Point Peter: 45' at the northem drainage ditch site 105' at the southem drainage ditch site 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): []Commercial ?Public/Govemment []Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) ?52-608-2808 :, 1-888,4 COAST revised 12127106 Form. 01.M 1101P-4 Fags?, " of 4, a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. N/A; Alligator River National Wildlife Refuge property NIA Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body From the shoreline due east to Hatteras Island is 12.25 miles d. Water depth at waterward end of structure at NLW or NWL 4-5' at Point Peter; 5-6' at the northern drainage ditch site; 3' at the southern drainage ditch site e. (i) Will navigational aids be required as a result of the project? ?Yes ®No ?NA (ii) If yes, explain what type and how they will be implemented. Yellow reflectors will be installed at least 3' above NWL at 50' intervals. 8. OTHER ? This section not applicable a. Give complete description: We propose to modify our currently permitted offshore marl oyster reef sill project adjacent to Point Peter Road, Alligator River National Wildlife Refuge, Dare County (DCM Permit No. 08-10; 400 linear feet total) to build an additional 800 linear feet of offshore oyster reef sills using oyster shell bags (400 linear feet) and marl (400 linear feet). The focal point of development activities will be waterward of Point Peter Road (400 linear feet total of shell bag offshore oyster reef sills) adjacent to the currently permitted offshore marl oyster reef sill project. We also propose additional sites to the north and south of Point Peter, both adjacent to secondary drainage ditches, where 200 linear feet of marl oyster reef sills are to be constructed at each location. Each sill, regardless of material, will be constructed in 100 foot sections with 5-10' wide fish passages between sections. The northern and southern drainage ditch sites will have 10' overlaps between sill segments. The materials will be put on site using a shallow water barge. Each sill segment will be no more than 6" above NHW. May 11, 2010 Date Alligator River offshore oyster reef sill demonstration project Project Name Brian Boutin (The Nature Conservancy) Applicant Name Brian Boutin Applicant e ' RECEIVED JUN 24 2010 COASTAL MANAGEMENT ELIZABETH CITY 252-808-2808 :: 1-888-4RCO `3` :: ww.nccoasta m ,, a ae t.net revised: 12127106 0 1.5 3 6 9 12 Km 'OS = A ai1os OIOZ 18Z ounp :a1rQ upog mug :fq mvwu(I (XouundasuoD amitN oqZ) upog ueug :IumoilddV L JO I :BUIMUJU juauodwoo uaItp afnuitup cuagpoN ;aa,o t uoqu4suouiap pis;aaa aaps o 53ogsjjo aaAi2I ao;g giV 1001 silts Jaw JOISXo Isew a.Iogsjjo posodoid WON ADD H139y- z?""' W3?bN_ yW ?y13d0? We 8 z Nnp 0303 U > <; <; ; ;[>> ..... ;, .> Y;, a2njo-d a3iipHAN IMOTWIN sanrd zoILIStIIV ::"id sM3sn :[. t .Y}YY.....>....>[; jar r f?f j1f >?Y r.r f~j ) >r>? Y f'?'4 fir z. ><>< K? 1Y e}sa'>iY S>?a tY iY YtY Y J,'* ?Z' * <' 3 a?n?a21 3TIPPAN TWOT ?N aanU .101t .tiV Slmsrn >[>?a[>Z>?a<aiY a5a <)?) YET T .<)<Y<) ,,; SY [ <. < < <Y AM H139VZ113 1N3W3JdNVN ]ViSVOO OIN V z Nnr ODAOODH 0 ?o ?o to z r d db d ?. QR C bd 0 v , 0, N p D cD CD n O O O wp O~ O '001 = J 31133S 01OZ 18Z ounr :aluQ ut}nog uuug :,Cq umLjCl (XouunaasuoD axmnN otU) ut}nog uutag :luvoilddV L JO £ :2u!MPJU luauodutoo prog nlad lutod }aa,oc uopea;suoulap .daopa pig pis 3553 as;s o ajogsjjo ianr ` ` ;>S?`d<aaae}si?;•tzeac?i'1?±;?x?: >t>t> t t < pueD --? tY: ?i)i Yi) it) ,t)<). itY >CYi <Y z< ;t ;_).> <> a t>a r aonjo d aJ!IPI!AAi, IuuoilnN Janrg aoluoitid SM3SI1 t,. i it} , i<i<> ;t>`) t yt>t>t, < <>t>", < gal!G (01-80 ON liuuad 101 wou) skis Jaat .tals'fo atogsjjo I liew iuilsixg I i puns wiluzrd 's -* Isc -* SIPS pat aals,ko atogsjjo X96 ftq llags pasodoid qljo A113 H139dZi13 1N3W3Jyt?v iylSeO? OW 8 t NflP 00 3/113038 ADO H13OVZI13 1N3W39VNVVV 1t11St100 0107 z NAP 43AI3038 cn U 0 a 0 t? N. O r, d d b d ? y ? tD ? UQ CD ? ,, v ? N ? 2 ? ? C> . a a ?- o cu o W cG pi RECEIVED F J eJ Rai 2 4 AO COASTAL MANAGEMENT ELIZABETH CITY o ? r. c* 3 U Z O O "? .C ? 4-4 0 O sue.. O w cd p N . m QQ r-, z kn 0 .°<' kAlp 0 3a1i1> < . >. .>..><>.>: USFWS Alligator River .> National Wildlife Refuge <. <. <>. >" <><><><>°><> * I, <>.><>relii3e ><; :?<> >Naaa1; lita>1c>.> <>.> <.> < <> > RECEIVED JUN 2 8 2010 MANAGEM BETH CITY 1 Pamlico Sound *- 2' 100' Proposed offshore marl oyster reef sills Alligator River offshore oyster reef sill demonstration proiect Southern drainage ditch component Drawing: 6 of 7 Applicant: Brian Boutin (The Nature Conservancy) Drawn by: Brian Boutin Date: June 28, 2010 Scale 1" = 50' *- 3' P U U O V a? z a? ? U ?d o o o 0 ? 03 Q -4 04 Cd <CQ A z ?n ri 0 1110 HABV7113 1NINIO N 1d1St/00 OIE V Z Nfl P