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HomeMy WebLinkAbout20201336 Ver 1_CAMA Application_20201221ROY COOPER Governor MICHAEL S. REGAN kecretary STEPHEN W. MURPHEY nirc(ror 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&groupld=38337. The NCDMF Artificial Reef Program has also developed an interactive reef guide, set up in an ArcGIS format is available here: https:Hncdenr.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. RECEIVED State of North Carolina I Division of'Marine Fisheries :3,141 Arendell Street ' P.U. Box 769 I Morehead City. North Carolina 28557 OCT 13 252-726-7021 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 02; 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 02, 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. RECEIVS State of North Carolina I Division of Marine I7isheries OCT 3 2020 3441 Arendell Street P.U. Box 769 ' Morehead City. North Carolina 28557 252 726-7021 Cy ry 7t a ?, 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 I Crushed 39400 115,000 Concrete 2022 —8 Crushed Concrete/Other 20,000 2023 —8 Crushed Concrete/Other 2000 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. State of North Carolina I Division of Marine Fisheries OCT 13 2020 34•4I Ai endell Sheet P.O. Box 70 I Morehead City, North Carolina 28557 252-716-702I C--MHO CNpp ry Scoping Meeting Statement 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. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. State of North Carolina I Division of Marine Fisheries OCT 13 2020 3441 Arendeil Street ! P.O. Box 7b9 ! Morehead City. North Carolina 28557 252-716-702I cdljo C, Cedar Island Oyster Sanctuary Legend 2011 Vessel Densities (AIS) Cedar Island Site High : 675,156 Current Oyster Sanctuaries Low: O N Figure Date: 8,2712020 HX25f 1N7 ,t 12 1 10 Esn HERE. Garmm. (c) OpenStreelMapconlnbutors. 2_,RO and the GIs user community a 5wa . 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. State of North Carolina I Division of Marine Fisheries O C T 13 2020 3441 Arendell Street P.O. Box 76() Morehead City. North Carolina 28557 �I11t�j 252 726 7021 I�lt �JI nrY Cedar Island Oyster Sanctuary Legend 0 Permit Corners Bathymetry Permit Boundary Area Value 5m 100ft buffer 3 m Figure Date: 8/27/2020 Esri HERE Garm!n ic) OpenSbeethlap contributors. and the G!S user community ,2 HN YSl IY'JN'2.1 _ �� 12 it , ro %A1'S1Y6 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. O C i 13 2020 State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 ' Morehead City, North Carolina 28557 "J` f1P971��j ��n� ,, C# Y 252 726--7021 t�71 r y `�'" r� r' -a ;, Cedar Island Oyster Sanctuary N 0 250 500 1.%0 Feet A r t Legend Q Permit Corners Backscatter Permit Boundary Area Value ® 100ft buffer Firm Bottom (!� Sediment Grabs Soft Bottom Figure Date: 8127/2020 2 t - 4 14 .t t ft 4i1 112W r.tarineCa(lastre gov, N='O".. t'-,kc.-g ra n is r< rr ,r to it t r w'5wa Figure 3. Map containing bottom type measured via backscatter and the sampling locations for benthic grab sites 1 — 6. Esri. HERE. Gamin. tc) OpenSlreethlap conlnbulm and the GIS user community State of North Carolina I Division of Marine Fisheries 3441 Arendell Street ! P.O. Box 769 ! Morehead City. North Carolina 28557 252-726-7021 Dcm®hWHD C1 0 4 ,j 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. ReCIEWED O C T 13 2020 State of North Carolina I Division of Marine Fisheriesa 3441 Arendell Street i P.O. Box 769 I Morehead City. North Carolina 28557 2S2-726-7021 Cedar Island Oyster Sanctuary N A 0 00 r i i 1%0 570 Fem Legend Figure Date 8/27/2020 Q Permit Corners - Deployment Lines Permit Boundary Area Material Footprint 100ft buffer Year 1 Deployments Proposed Construction Design Material will be deployed in ridges slmNar 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 Esn. HERE. Garmin. (c) OpenStreelMap conlribulors and the GIs user commurnt, ,a MM26Ib1.2J r �r „ w•� .y �M'5YB 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. �: ' el Aso State of North Carolina I Division of Marine Fisheries 3441 Arendell Street ! P.O. fox 769 { Morehead City, North Carolina 28557 (j�0 252-726-7021 r, Figure 6. Conceptual drawing of a ridge of deployed material with reference buoys to guide deployments. *%#Civet) OCT 13 2020 State of North Carolina I Division of Marine Fisheries DC/►-` A411 rV 3441 Arendeil Street 1 P.O. Box 769 ! Morehead City. North Carolina 28557 252-726-7021 ' OS-16 Cedar Island 1, 1 f /10 12 14 F1 R 2o5s 16ft 4 1121 h 12 �a 10 tvlarineCadastre.gov. NOAA Office for Coastal Management 1.3 nautical miles NW of Cedar Island Proposed Oyster Sanctuary Boundary Information NW 35° 3.471' N 76' 22.922' W NE 350 3.463' N 760 22.560' W SE 350 3.165' N 760 22.570' W SW 350 3.173' N 760 22.932' W Site 75.00 acres Material 1 0 acres Figure Prepared 9/10/2020 0 750 1.500 3,000 Feet i I I I I I I Sanctuary Boundary Site Depth 15 ft. Vertical Clearance 6 ft. Clearance Verification WA 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. k�cely® OCT 13 2020 l State of North Carolina I Division of Marine Fisheries C'.H 3441 Arendell Street ; P.U. Box 769 I Morehead City. North Carolina 28557pye� 252-726-7021 ®/ Attachment 1. Guidelines and Specifications for Acceptable Artificial Reef Materials (2016, 2nd Edition) PAT McCRORY DONALD R. VAN DER VAART Marine Fisheries BRAXTON C. DAVIS ENVIRONMENTAL QUALITY North Carolina Division of Marine Fisheries Guidelines and Specifications for Acceptable Artificial Reef Materials (2016. 2nd Edition) Artificial reef materials are selected on four primary considerations: Function, compatibility, durability, and stability. Materials used must meet their intended function, by supporting diverse and abundant biological communities. Selected materials must also be compatible with the aquatic environment in which they are placed. This means they must not pose environmental risks. Also, unstable materials, or those prone to movement, and non -durable, or easily degraded, materials must be precluded from use. The North Carolina Division of Marine Fisheries Artificial Reef Program has produced a comprehensive list of accepted materials for use in partner projects. These materials were chosen based on the above criteria, using guidance from internal program studies, The ASMFC/GSMFC Guidelines for Marine Artificial Reef Materials (Second Ed., 2004), The Environmental Protection Agency's (EPA) National Guidance: Best Management Practices (BMPs) for Preparing Vessels Intended to Create Artificial Reefs, and the NOAA/NMFS National Artificial Reef Plan. Accepted Materials: Concrete. Any hard, strong building material made by mixing a cementing material (commonly Portland cement) and a mineral aggregate with sufficient water to cause material to set and bind. Types include (but are not limited to) oval and round pipe, box culverts, risers, catch - basins, knock -out boxes, bridge rubble and bridge spans, manholes, slabs, pilings, crushed concrete, and pre -designed structures such as Reef Balls or other units. All concrete must be fully cured to ensure environmental compatibility. Required Specifications: Ocean- • Unacceptable types in the ocean: slabs, small pilings, crushed concrete, small designed structures • Size - concrete pipe must be no less than 4 feet in length and no less than 36 inches in inside diameter, unless such smaller pieces are "nested" inside large diameter pieces • Composition - units must be no more than 25% degraded or missing. All concrete must be fully cured before deployment • Design - pre -designed structures must meet approval of Artificial Reef Staff for function, compatibility, durability, and stability Estuary - • Size - concrete pipe must be no smaller than 12 inches in inside diameter and not exceed 30 inches in inside diameter. Any concrete structure must ~'Nothing Compares State of North Carolina I Environmental Quality i Marine Fisheries PO Box 7b9 1 3441 Arendell Street i Morehead City. NC 28557 252 726 7021 T ecel en State of North Carolina I Division of Marine Fisheries OCT y 3441 Arendell Street I P.O. Box 7b9 I Morehead City. North Carolina 28557 13 2020 252-726-702I not exceed 8 feet in length, width, or height. Crushed concrete must be: 8" maximum diameter, 6" average diameter, 4" minimum diameter, 10% maximum oversize, 5% maximum undersize Composition - units must be no more than 25% degraded or missing. All concrete must be fully cured before deployment Design - pre -designed structures must meet approval of Artificial Reef Staff for function, compatibility, durability, and stability Vessels: Vessels are a commonly used artificial reef material. These may be composed of ferro-cement or steel, though steel vessels are most common and preferred. Thorough preparation and cleaning is required before these materials may be used as reefs (EPA BMPs). Required Specifications: Ocean - • Size - vessels must be no smaller than 100 feet in length unless paired with a second 100 foot or greater vessel • Clearance - vessels are subject to clearance requirements and in many cases, must be shortened in height to comply with permits. This may involve expensive removal of vessel superstructure • Cleaning and preparation - vessels are subject to US Coast Guard and/or EPA inspection to satisfy BMPs, including removals of wood, floatables, loose materials, and deleterious substances. • Stability - all air must be allowed to escape during sinking • Durability - vessel selection is ultimately at the discretion of the Artificial Reef Coordinator, to satisfy expectations of durability Estuary - • Vessels are not accepted in estuarine waters Natural Materials: Natural materials have been used by most coastal states to replenish various types of habitat with a particular focus on shell bottom. Natural materials include different approved mineral rocks such as limestone marl, granite, and basalt. Required Specifications: Ocean - Natural materials are not widely used in the ocean, given their susceptibility to sediment burial Estuary - • Size - o Limestone Marl (NCDOT Class B Spec.): 12" maximum diameter, 8" average diameter, 5" minimum diameter, 10% maximum oversize, 5% maximum undersize o Granite and Basalt: 8" maximum diameter, 6" average diameter, 4" minimum diameter, 10% maximum oversize, 5% maximum undersize • Location- Limestone is not acceptable for use in high salinity environments, given high susceptibility to bio-eroding organisms �-Nothing Cornpares - - State of North Carolina I Environmental Quality i Marine Fisheries PO Box 761) 1 3441 Arendell Street Morehead City. NC 28557 252 726 7021 T U 0 C T 13 2020 State of North Carolina I Division of Marine Fisheries p � CITY t441 Arendell Street i P.O. Box 769 1 Morehead City. North Carolina 28557 ry�� ■ 252-726-7021 Notes on all materials: 1) All materials must be cleaned and prepared in accordance with United States Corps of Engineers General (Regional) Permits (#GP198500194 or #GP19000291), any applicable NC Division of Coastal Management permits, and conform to site -specific navigational clearance requirements established bythe United States Coast Guard and NOAA Office of Coast Survey. 2) Planned arrangements for acquisition, cleaning, preparation, dockage/staging, towing, and sinking/deployment must be described in proposals. Dockage, towing, and deployment will require proof of at least $1,000,000 marine liability insurance. -^'Nothing Compares State of North Carolina I Environmental Quality I Marine Fisheries PO Box 769 13441 Arendell Street I Morehead City. NC 28557 252 726 7021 T C C T 13 2020 State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. lox 769 i Morehead City. North Carolina 28557 "'" 252-726-7021 cm-9fl 11 �— n� �i men NF4 CAPPucAnoNror Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant( Landowner Information Business Name Project Name (if applicable) Ncdeq/ Ncdmf Cedar Island Oyster Sanctuary Applicant 1: First Name MI Last Name Division of Marine Fisheries 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 NCDEQ/NC Division of Marine Fisheries 769 Morehead City NC ZIP Country Phone No. FAX No. 28557 USA 252 - 808 - 8036 ext. 252 - 726 - 9218 Street Address (if different from above) City State ZIP 3441 Arendell Street Morehead City NC 28557- Email Jordan. Byrum@ncdenr.gov 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email CCU ( / r <Form continues on back> �) C T 3 2020 4 t.. � MY ���• ��;�. ���� �� �_����4����� oo ���,F.a����asta9rr�ae�a�er�<< � •; Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret N/A N/A Subdivision Name City State Zip N/A N/A NC 28516 - 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 Neuse River Pamlico Sound, 1.5 nautical miles to the north of Cedar Island's most western point 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. N/A 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) N/A 3,266,303 tract c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) -12.5 (1' tidal amplitude) ®NHW or ❑NWL e. Vegetation on tract none f. Man-made features and uses now on tract none g. Identify and describe the existing land uses adjacent to the proposed project site. The surrounding waters are public trust waters and are used for multiple recreational and commercial purposes (e.g., fishing, transportation). 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 ®NA 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? I. 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> 'RECE EK) OCT 13 2020 (����'� �t� ; Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. N/A p. Describe existing storm water management or treatment systems. N/A 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. The purpose of this program is to provide a suitable substrate, which will be protected from disturbances by commercial and recreational oystermen, for oyster spat attachment. These sanctuaries are used in a continuing effort of North Carolina to rehabilitate the oyster population. These measures will increase oyster biomass, provide broodstocks (increased larvae production), encourage resistance to diseases, provide finfish habitat, and other ecologically important functions of oyster reefs (e.g., water filtration, increase water clarity, and denitrification). 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. The material proposed for constructing this oyster sanctuary is any combination of previously permitted materials including.. processed recycled concrete (approximately 4" to 8", with no steel, no asphalt and no hazardous material), recycled concrete pipe, and concrete reef structures (reef balls, reef cones) or recycled concrete precast products, granite rock, basalt rock, and limestone rock.. This material will be off loaded from barges/landing craft with the use of front end loaders, cranes, conveyors, and excavators depending on type and size of material. These vessels can carry several hundred to thousand of tons of material per trip. In year one, limestone class B rip rap will be deployed within the 75 acres of permitted construction area to create no less than 15 developed 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. 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. d. List all development activities you propose. Development activites include the placement of hard substrate for oyster colonization, and to create fish habitat. This activity would rehabiltate 60 acres of unconsolidated bottom habitat. Also, 4 pencil marker buoys will be placed at each corner boundary, depicting the orange hazard diamond, "Oyster Sanctuary", and "Rocks," in accordance with USCG ATON rules and regulations. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 60 acres of bottom ❑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. N/A Eli 3 2020 `.�����:��.�'05 9 71'NOWUHH r C I TpG Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes [:]No ®NA j. Is there any mitigation proposed? ❑Yes ®No [:]NA If yes, attach a mitigation proposal. <Form continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (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 N/A 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. Major Permit #140-09 - "tract' is submerged bottom, additional area to the existing permit. 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. further certify that the information provided in this application is truthful to the best of my knowledge. Date 10/5/2020 Print Name Jordan Byrum Signature ` CT A 3 2020 f a� . 09TY Form DCM MP-1 (Page 5 of 5) APPLICATION for Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information Major Development Permit OCT 13 2020 d- g - 08-2 00 PA 1 -i 8 -41 C A T Ga www.nccoastal ar-gage entanot Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 1807 Width 1807 Avg. Existing NA NA 15 Depth Final Project NA NA 6 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 wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No RNA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of disposal in these areas: d. (i) Will a disposal area be available for future maintenance? [—]Yes ❑No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? "-_tiF � � . Form DCM MP- (E cmnvraf oro and FUN, Pago 2 of 3) 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: f. (i) Has there been shoreline erosion during preceding 12 months? I—lyes mwo I—Inin (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. 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 ❑No ❑NA If yes, (ii) Amount of material to be placed in the water Combination of previously permitted sanctuary materials including:: precast concrete, reinforced concrete pipe, crushed concrete and concrete rubble, reef balls, granite rock, basalt rock, and additional limestone rock necessary to construct 40 acres of habitat. (iii) Dimensions of fill area 60 acres (1,607 x 1,607 ft) (iv) Purpose of fill Primarily for oyster rehabliatation by creating oyster habitat with a secondary purpose to create finfish habitat. b. (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the fill in these areas: 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)? All material or reef structures will be placed onto sea bottom. All This material will be off loaded from barges/landing craft with the the material is immobile once set unless a catstrophic weather use of front end loaders, conveyers, radial stackers, and/or event happens. In such an event, a 100 foot buffer is in place to excavators depending on type and size of material. These encompass movements of material. vessels can carry several hundreds or thousands of tons of material per trip c. (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. Temporary buoys will be placed on site boundaries until project completeion; upon which, (4) pencil marker buoys will be placed at each corner boundary, depicting the orange hazard diamond and saying "Oyster Sanctuary" and "Rocks," in accordance with USCG ATON rules and regulations. 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.PVC Mry 0" hL11 10/5/2020 Date Cedar Island Oyster Sanctuary Project Name Jordan Byrum Applicant Na e M6"—, Applic vcSignature C OCT 13 2020 r(wry 252-808-2808::1-888-4RCOAST -.: www.nccoaN.,Ls,�-,L:LLi,yiL,�aqement.net NORTH CAROLINA Environmental Qualih October 26, 2020 MEMORANDUM. FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregq.bodnar(a_NCDENR.gov SUBJECT: CAMA / Dredge and Fill Application Review Applicant: NC Division of Marine Fisheries Project Location: Pamlico Sound adjacent to Cedar Island, Carteret County Proposed Project: Oyster Sanctuary ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gre_qq Bodnar at the address above by November 23, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport 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 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: NC Div of Marine Fisheries 2. LOCATION OF PROJECT SITE: Pamlico Sound adjacent to Cedar Island Latitude: 35°3.471' N Longitude: 76°22.922'W 3503.463' N 76022.560'W 3503.165' N 76022.572'W 3 5 03.173' N 76022.93 2' W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—10/20/20 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received—10/13/20 Application Complete- 10/13/20 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County Land Classification from LUP — Undeveloped (B) AEC(s) Involved: EW, PTA (C) Water Dependent: (yes) (D) Intended Use: Artificial Oyster Reef (E) Wastewater Treatment: Existing — N/A Planned — N/A (F) Type of Structures: Existing — N/A Planned — 75 acre oyster reef (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Open Water N/A 75 ac N/A (D) Total Area Disturbed: 75 ac (E) Primary Nursery Area: No (F) Water Classification: SW (G) Shellfish Classification: Open 8. PROJECT SUMMARY: NC Div. of Marine Fisheries is proposing to construct an 75' acre oyster sanctuary Field Investigation Report: NC Div.of Marine Fisheries Page 02 9. NARRATIVE DESCRIPTION: The NC Div. of Marine Fisheries project is located in the mouth of West Bay 1.5 nautical miles north of Cedar Islands most western point. The location of each corner of the proposed reef is listed above. This waterbody is listed as SW and is open to the taking of shellfish. It is not a Primary Nursery Area. There does not appear to be any SAVs in this area and the bottom substrate consists of fine sand with some silt. This area in Carteret County's LUP is classified as undeveloped. 10. PROJECT DESCRIPTION: In an effort to expand the Senator Jean Preston Oyster Sanctuary Network NCDMF is proposing to construct a 75' acre oyster reef in the mouth of West Bay. A variety of previously approved materials would be placed on 60 acres of the 75-acre site. Water depths in this area average 15' NLW. An in depth narrative has been provided by NCDMF to further explain why this site was selected. NCDMF has stated that the 4 corners of the reef would be marked with appropriate Artificial Reef signage as determined by the USCG private aids to navigation suggestions. NCDMF has completed the scoping requirement as required by NCDWR. 11. ANTICIPATED IMPACTS: There would be 75 ac of Public Trust Area usurped by this project with approximately 60 ac of bottom benthic habitat filled. Temporary turbidity would occur during deployment of the reef material. This reef would be protected from shellfish harvest while providing physical and biological requirements for oyster propagation. Name: Ryan Davenport Date: 10/21/20 Morehead City MAJOR PERMIT FEE MATRIX Applicant: r f�AS ey- F'�' ( �' 1 0 0 (-7 Selection Development Type Fee DCM % DWQ % (14300 1601 4351000931625 6253) (243001602 435100095 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% ($400) 0% ($0) involve the filling or excavation of any wetlands or open 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 applied: 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/ r $475 60% ($2 5) 40% ($190) excavation of more tha one acre of wetlands and/or open water areas: