20100441 Ver 2_401 Application_20110311

0 e, -9

1v-
,. ( C] c Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1 .3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps: Section 404 Permit ED Section 10 Permit
1b. Specify Nationwide Permit (NWP) number. 27 of General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ® Yes 7'
1 d. Type(s) of approval sought from the DW Q (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ® Yes ? No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ? No
2. Project Information
2a. Name of project: NC Division of Marine Fisheries Shellfish Rehabilitation Program - Cultch Planting
2b. County: Dare, Hyde, Beaufort, Pamlico, Carteret, Onslow, Pender, New Hanover, Brunswick
2c. Nearest municipality / town: NIA
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information
3a. Name(s) on Recorded Deed: State of North Carolina - public trust waters
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip: --
3f. Telephone no.: 2 9 201,
3g. Fax no.: aEN
3h. Email address: $ QEl

Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Vers!r r-
4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
4b. Name: Craig Hardy
4c. Business name
(if applicable): NC Division of Marine Fisheries, Resource Enhancement Section
4d. Street address: 3441 Arendell Street
4e. City, state, zip: Morehead City, North Carolina, 28557
4f. Telephone no.: 252-808-8046
4g. Fax no.: 252-726-9218
4h. Email address: [e-mail]
5. Agent/Consultant information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
i
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1 b. Site coordinates (in decimal degrees):
Latitude: Longitude: -
(DD_DDDDDD) (-DD.DDDDDD)
1 c. Property size: Usually less than 100/year statewide acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: On spreadsheet with Lat/Lon
2b. Water Quality Classification of nearest receiving water: SA
2c. River basin:
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time c
application:
Site suitability will be determined based on DMF cultch planting criteria - sites will not contain SAV or live shellfish
3b. List the total estimated acreage of all existing wetlands on the property:
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3d. Explain the purpose of the proposed project:
Enhancement of shellfish habitat in coastal waters (estuarine)
3e. Describe the overall project in detail, including the type of equipment to be used:
The DMF uses 5 self powered barges (32'- 63') and a 1600 Class (135') landing craft to deploy cultch materials (shells &
limestone marl) on sites that have met the criteria for site selection for the program (attached). Amounts per site vary from
several hundred to up to 25,000 bushels. Deployment goals are to provide a low profile covering of stable substrate on a
unproductive but potentially productive estuarine bottom. These "cultch planting sites" usually provide an increase of
several inches of material but can contain small ridges or mounds due to the deployment methods. The small barges use
water pressure (using seawater) to wash the cultch off the deck. The LCU uses a front-end loader for deployments.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? ? Yes ? No ? Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
? Preliminary ? Final
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No
this project (including all prior phases) in the past? ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
Process developed to comply with NWP 27
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project?
® Yes ? No
6b. If yes, explain.
Cultch planting has been an annual state project in its current format since the early 1970's and will continue arms ll;
funding allows. Requests, applications, and reports will be submitted annually as described.
Page 4 of 11
PCN Form -Version 1.3 December 10, 2008 Version
C. Proposed impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
? Wetlands ? Streams - tributaries ? Buffers
® Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes El Corps
? No ? DWQ
W2 ? PEI T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ ,
W4 ? P ? T
I ? Yes
-
? Corps I
? No ? DWQ
W5 ?P?T ?Yes ?Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (I NT)? other) (feet) feet)
S1 ? P ? T ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps -
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? ENT ? DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 11
PCN Form -Version 1.3 December 10, 2008 Version
I
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all oxen water impacts hPlnw
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (a
Permanent (P) or
Temporary T !
01 ?P?T
02 ? P ? T
03 PEl T
04 ?P?T
4f. Total open water impacts
ores)
4g. Comments: Proposed sites will be indicated on maps, individual sites that meet criteria will be entered on spreadsheet
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes
? No If yes, permit ID no:
5i. Expected pond surface area (acres): !
r
}. Size o pond watershed (acres):
Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer irnpacls
below. If an impacts require mitigation, then ou MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
-Temporary T impact required?
B1 ?P?T ?Yes
? No
B2 ? P ? T ? Yes
? No
B3 ? P ? T ? Yes
? No
6h. Total buffer impacts
6i. Comments: No impacts
Page 6 of 11
PCN Form -Version 1.3 December 10, 206
s ?
D. Impact Justification and Mitigation
1. Avoidance and Minimization
a. peaica y describe measures taken to avoid or minimize the proposed impacts in designing projec
Materials have been used extensively, techniques have been previously submitted for review, criteria for site
been submitted
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Low profile construction design and deployment techniques using identified and approved materials.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No j
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank

? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (fidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
I a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why,
? Yes .'_.
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 0%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Materials deployed on esturine bottom
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply IAL.:
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties

4a. Which of the following state-implemented stormwater management programs apply ? HOW
? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Ve
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (if so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in 0 Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
NIA
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered
5a. Will this project occur in or near an area with federally protected species or
habitat? 0 Yes El No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? 0 Yes El No
5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh
El Asheville
5d. What data sources did you use to deterrnine whether your site would impact Endangered Species or De;.ir!r
Habitat?
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
i
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
0 Yes ® No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes Nc
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? Projects are subtidal
H. Craig Hardy ,. r'- f March 21, 2011
Applicant/Agent's Printed Name Applicant/A (` s Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.) Date
Page 11 of 11
PCN Form -Version 1.3 December 10, 2008 Versior.
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003
(33 CFR 325) Expires December 31. 2004
The public reporting burden for this collection of information is estimated to average 10 hours per response, although the majority of applications shou
require 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,
and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget,
Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no
person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.
Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdic-
tion over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and
Sanctuaries Act, Section 103, 33 USC 1413. Principal Purpose: Information provided on this form will be used in evaluating the application for a
permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies.
Submission of requested information is voluntary, however, if information is not provided, the permit application cannot be processed nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
APPLICATION NO. 2. FIELD OFFICE CODE
5. APPLICANT'S NAME
N.C. Division of Marine Fisheries
6. APPLICANTS ADDRESS
P.O. Box 769
Morehead City, N.C. 28557
7. APPLICANT'S PHONE NUMBERS WITH AREA CODE
a. Residence
b. Business (252) 726 - 7021
6. AUTHORIZED AGENTS NAME AND TITLE (an agent is not required)
9. AGENTS ADDRESS
10. AGENTS PHONE NUMBERS WITH AREA CODE
a. Residence
b_ Business
11. STATEMENT OF AUTHORIZATION
I hereby authorize to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
APPLICANTS SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVrrY
12. PROJECT NAME OR TITLE (see instructions)
N.C. Shellfish Rehabilitation, Oyster Sanctuary, and Shellfish Lease programs
13. NAME OF WATERBODY, IF KNOWN (if applicable) 1 14. PROJECT STREET ADDRESS (it applicable)
N.C. Estuarine waters
15. LOCATION OF PROJECT
3. DATE RECEIVED 14. DATE APPLICATION COMPLETED
BY
N.C.
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
Shellfish Producing waters from lower Albemarle Sound to N.C./S.C. state border
17. DIRECTIONS TO THE SITE
ENG FORM 4345, Jul 97 EDITION OF SEP 94 IS OBSOLETE (Proponent: CECW-OR)
18. Nature of Activity (Description of project, include all features)
Shellfish Rehabilitation Program: Long-term state program that deploys cultch materials (shell or limestone marl) for shellfish
habitat enhancement. The program also deploys cultch materials that are seeded with native larvae when available. The relay of
polluted shellfish to approved harvest areas is conducted annually with the cooperation of the Division of Environmental Health
Shellfish Sanitation Section. All operations are conducted primarily with state owned vessels to construct low profile structures
designed to function as natural shellfish beds. Sites are selected by staff biologists with consideration of public input, bottom
type, salinity, water flow, impacts to existing habitat and historical and current uses such as fishing and navigation (areas
containing SAV and natural shellfish beds or high vessel traffic areas are avoided). Project goals are to deploy - 300,000 bushels
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
Shellfish Rehabilitation Program: Long-term state program that historically focused on enhancing shellfish resources to support
the commercial shellfish harvest on public bottom. Due to the decline of the shellfish resources over the past several decades,
impacts of degraded water quality and prevalence of shellfish diseases the program focus has shifted to become a component of a
broader management scheme that is driven by species specific Fisheries Management Plans. These plans consider the
__..:__.. ?__?a_1 .._? L:_1.. .._....1 ....I..._.. f.r.L,. _..__.. _.._ _.. ._...I7 ..., at_ .. ___..?.:_ L_.... C.,.. ?,C4L., L.....,,a TI. ,. ___...?..... ......1 :.. ...
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
One of the limiting factors in the recovery or enhancement of the State's shellfish resources is suitable habitat. The deployment of
cultch materials expands the suitable substrate required for the settlement and protection of shellfish larvae. The loss of certain
characteristics in the spawning stock in reduced populations that are harvested heavily (i.e. large, fact growing, stress and disease
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
The Division prefers to use cured oyster shells for cultch material as it seems to be the best material for
recruitment and k an extremelv stahle slthStrate due to itg Sire and welAt. Other shells such as scallon and
22. Surface Area in Acres of Wetlands or Other Waters Filled (sea instructions)
Based on 275,00 bushels of available cultch material: <100 acres statewide annually
Rnepti nn 4 AA0 tone of (`lacc R rin ran- ,..R 0 arrrPc ctntpwirla anmial1w
23, is Any Portion of the Work Already Complete? Yes No IF YES, DESCRIBE THE COMPLETED WORK
Ongoing annual activities that result in -50 new shellfish rehabilitation sites annually. Currently Ten oyster sanctuaries that are
enhanced as fundine is available.
24. Addresses of Adjoining Property Owners, Lessees, etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a
supplemental list).
25. List of Other Certifications or Approvals/Denials Received from other Federal, State, or Local Agencies for Work Described in This Application
'Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application
is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized
agent of the applicant.
- f,
rf cG<<. c r .aa? sl
SIGNATURE Qt= AP LICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized
agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States, knowingly
and willfully falsifies, conceals, or covers up any trick scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall
be fined not more than $10,000 or imprisoned not more than five years or both.
Instructions for Preparing a
Department of the Army Permit Application
Blocks 1 through 4. To be completed by Corps of Engineers
Block 5. Applicant's Name. Enter the name of the responsible party or parties. If the responsible party is an agency,
company, corporation, or other organization, indicate the responsible officer and title. If more than one party is associated
with the application, please attach a sheet with the necessary information marked Block 5.
Block 6. Address of Applicant. Please provide the full address of the party or parties responsible for the application. If
more space is needed, attach an extra sheet of paper marked Block 6.
Block 7. Applicant Telephone Number(s). Please provide the number where you can usually be reached during normal
business hours.
Blocks 8 through 11. To be completed, if you choose to have an agent
Block 8. Authorized Agent's Name and Title. Indicate name of individual or agency, designated by you, to represent you
in this process. An agent can be an attorney, builder, contractor, eng-ineer, or any other person or organization. Note: An
agent is not required.
Blocks 9 and 10. Agent's Address and Telephone Number. Please provide the complete mailing address of the agent,
along with the telephone number where he / she can be reached during normal business hours.
Block 11. Statement of Authorization. To be completed by applicant, if an agent is to be employed.
Block 12. Proposed Project Name or Title. Please provide name identifying the proposed project, e.g., Landmark Plaza,
Burned Hills Subdivision, or Edsall Commercial Center,
Block 13. Name of Waterbody. Please provide the name of any stream, lake, marsh, or other waterway to be directly
impacted by the activity. If it is a minor (no name) stream, identify the waterbody the minor stream enters.
Block 14. Proposed Project Street Address. If the proposed project is located at a site having a street address (not a box
number), please enter it here.
Block 15. Location of Proposed Project. Enter the county and state where the proposed project is located. If more space is
required, please attach a sheet with the necessary information marked Block 15.
Block 16. Other Location Descriptions. If available, provide the Section, Township, and Range of the site and / or the
latitude and longitude. You may also provide description of the proposed project location, such as lot numbers, tract num-
bers, or you may choose to locate the proposed project site from a known point (such as the right descending bank of Smith
Creek, one mile downstream from the Highway 14 bridge). If a large river or stream, include the river mile of the proposed
project site if known.
Block 17, Directions to the Site. Provide directions to the site from a known location or landmark. Include highway and
street numbers as well as names. Also provide distances from known locations and any other information that would assist
in locating the site.
Block 18. Nature of Activity. Describe the overall activity or project. Give appropriate dimensions of structures such as
wingwalls, dikes (identify the materials to be used in construction, as well as the methods by which the work is to be done),
or excavations (length, width, and height). Indicate whether discharge of dredged or fill material is involved. Also, identify
any structure to be constructed on a fill, piles, or float-supported platforms.
The written descriptions and illustrations are an important pan of the application. Please describe, in detail, what you wish
to do. If more space is needed, attach an extra sheet of paper marked Block 18.
Block 19. Proposed Project Purpose. Describe the purpose and need for the proposed project. What will it be used for and
why? Also include a brief description of any related activities to be developed as the result of the proposed project. Give the
approximate dates you plan to both begin and complete all work.
Block 20. Reasons for Discharge. If the activity involves the discharge of dredged and/or fill material into a wetland or
other waterbody, including the temporary placement of material, explain the specific purpose of the placement of the mate-
rial (such as erosion control).
Block 21. Types of Material Being Discharged and the Amount of Each Type in Cubic Yards. Describe the material to
be discharged and amount of each material to be discharged within Corps jurisdiction. Please be sure this description will
agree with your illustrations. Discharge material includes: rock, sand, clay, concrete, etc.
Block 22. Surface Areas of Wetlands or Other Waters Filled. Describe the area to be filled at each location. Specifically
identify the surface areas, or part thereof, to be filled. Also include the means by which the discharge is to be done (backhoe,
dragline, etc.). If dredged material is to be discharged on an upland site, identify the site and the steps to be taken (if neces-
sary) to prevent runoff from the dredged material back into a waterbody. If more space is needed, attach an extra sheet of
paper marked Block 22.
Block 23. Is Any Portion of the Work Already Complete? Provide any background on any part of the proposed project
already completed. Describe the area already developed, structures completed, any dredged or fill material already dis-
charged, the type of material, volume in cubic yards, acres filled, if a wetland or other waterbody (in acres or square feet). If
the work was done under an existing Corps permit, identity the authorization, if possible.
Block 24. Names and Addresses of Adjoining Property Owners, Lessees, etc.,Whose Property Adjoins the Project Site.
List complete names and full mailing addresses of the adjacent property owners (public and private) lessees, etc., whose
property adjoins the waterbody or aquau?c site where the work is being proposed so that they may be notified of the proposed
activity (usually by public notice). If in re space is needed, attach an extra sheet of paper marked Block 24.
Information regarding adjacent landowners is usually available through the office of the tax assessor in the county or
counties where the project is to be developed.
Block 25. Information about Approvals or Denials by Other Agencies. You may need the approval of other federal, state,
or local agencies for your project. Identify any applications you have submitted and the status, if any (approved or denied) of
each application. You need not have obtained all other permits before applying for a Corps permit.
Block 26. Signature of Applicant or Agent. The application must be signed by the owner or other authorized party (agent).
This signature shall be an affirmation that the party applying for the permit possesses the requisite property rights to under-
take the activity applied for (including compliance with special conditions, mitigation, etc.).
General Information.
DRAWINGS AND ILLUSTRATIONS
Three types of illustrations are needed to properly depict the work to be undertaken. These illustrations or drawings are
identified as a Vicinity Map, a Plan View or a Typical Cross-Section Map. Identify each illustration with a figure or attach-
ment number.
Please submit one original, or good quality copy, of all drawings on 8'/z x11 inch plain white paper (tracing paper or film
may be substituted). Use the fewest number of sheets necessary for your drawings or illustrations.
Each illustration should identify the project, the applicant, and the type of illustration (vicinity map, plan view, or cross-
section). While illustrations need not be professional (many small, private project illustrations are prepared by hand),
they should be clear, accurate, and contain all necessary information.
#18. Shellfish Rehabilitation Program: Long-term state program that annually deploys
cultch materials (shell or limestone marl) for shellfish habitat enhancement. The program
also deploys cultch materials that are seeded with native larvae when available. The
relay of polluted shellfish to approved harvest areas is also conducted annually with the
cooperation of the Division of Environmental Health Shellfish Sanitation Section. All
operations are conducted primarily with state owned vessels to construct low profile
structures designed to function as natural shellfish beds. Sites are selected by staff
biologists with consideration of public input, bottom type, salinity, water flow, impacts to
existing habitat and historical and current uses such as fishing and navigation (areas
containing SAV and natural shellfish beds or high vessel traffic areas are avoided).
Project goals are to deploy - 300,000 bushels of material annually.
Oyster Sanctuary Program: This program constructs shellfish sanctuaries that provide
stable habitat and protection from harvest pressure and the use of bottom disturbing gear.
Techniques are fluid, incorporating innovations and successes and failures of ongoing
efforts, but have been based primarily on the use of Class B limestone riprap to construct
high profile mounds (100 - 200 tons per mound) in a relatively high-density deployment
scheme. Site selection criteria considers larval transport from the sites, suitability of
bottom type, existing habitat and populations, salinity, flow, and uses such as fishing
practices and navigation. Navigation is a prime consideration, as the impacts of
anoxic/hypoxic events, which are low in the water column, require the structures to
provide profile enabling shellfish inhabiting the upper portions of the structures to
survive. Navigational clearance is provided for vessels expected to operate in the area
and hazard buoys are maintained on the corners of the sites to warn of the presence of the
submerged structures.
Shellfish Lease Program: This program allows residents of N.C. to apply to lease public
estuarine bottom for the commercial culture of shellfish. Criteria for approval are similar
to above programs and are reviewed by Division staff. The application package along
with any public comments (a public hearing is held) are considered in the approval of the
application. The lease period is five years with a renewal option if planting and
production requirements are fulfilled. Accepted materials for planting have been shells,
limestone marl, and seed shellfish. Only native shellfish seed are allowed and any native
species that originate outside the state must be tested and permitted for importation into
the state. Bottom leases may be amended to include use of the water column under more
stringent application and use standards.
#19. Shellfish Rehabilitation Program: Long-term state program that historically
focused on enhancing shellfish resources to support the commercial shellfish harvest on
public bottom. Due to the decline of the shellfish resources over the past several decades,
impacts of degraded water quality and prevalence of shellfish diseases, the program focus
has shifted to become a component of a broader management scheme that is driven by
species specific Fisheries Management Plans. These plans consider the environmental
and biological values of the resource as well as the economic benefits of the harvest. The
program goal is to enhance and restore the shellfish resources to a sustainable level that
provides both environmental benefits and supports a viable fishery.
Oyster Sanctuary Program: The goal of the Sanctuary Program is to site, construct, and
monitor a network of sanctuaries that will provide protected habitat for the development
and maintenance of a robust broodstock capable of increasing spawning biomass and
providing selected genetic attributes back into shellfish populations.
Shellfish Lease Program: This program allows potentially productive shellfish producing
bottoms to be used for the culture of shellfish. Benefits include increasing shellfish
biomass (environmental, biological, spawning stock benefits) and potentially reducing
harvest pressure on natural wild shellfish populations.
# 20. One of the limiting factors in the recovery or enhancement of the State's shellfish
resources is suitable habitat. The deployment of cultch materials expands the suitable
substrate required for the settlement and protection of shellfish larvae. The loss of certain
characteristics in the spawning stock in reduced populations that are harvested heavily
(i.e. large, fast growing, stress and disease tolerant individuals are removed from the
population leaving less desirable individuals to dominate the spawning population) is
being addressed by the sanctuary efforts by protecting the development of a mature
broodstock through natural recruitment or seeding with selected individuals allowing
natural selection to restore these genetic characteristics to the spawning stock. Polluted
shellfish relays relocate shellfish to open harvest waters where they can depurate for
harvest, spawn, and provide habitat. The limited relocation of polluted shellfish from
areas of high natural recruitment also reduces legal size shellfish available to poachers
and provides space for additional recruitment. Shellfish leaseholders are required to
"plant" 50 bushels of cultch material or 25 bushels of seed or a combination of the two
per acre of leased bottom annually.
# 21. The Division prefers to use cured oyster shells for cultch material as it has proven
to be the best material for recruitment and is an extremely stable substrate due to its size
and weight. Other shells such as scallop and clam are used when available. The use
sedimentary limestone marl and rip rap has provided very stable substrate that is not
affected by environmental impacts and has the benefits of relatively light weight and the
structures created provide many interstitial spaces that increase surface area and value as
nursery habitat.
Goals for deployment amounts based on material availability and funding:
Shells: 100,000 - 200,000 bu. = 4,600 - 9,200 cubic yards
1" - 2.5" marl: 200,000 - 300,000 bu. = 9,200 - 13,800 cubic yards
Class B rip rap: 4,500 - 10,000 tons= 5,900 - 13,200 cubic yards
#22. Based on 275,00 bushels of available cultch material: < 100 acres statewide
annually
Based on 9,000 tons of Class B rip rap: -8.0 acres statewide annually
Polluted shellfish relay: -l - 2 acres annually
Shellfish Leases: approx. 1,800 acres under lease annually
#23. Ongoing annual activities that result in -50 new shellfish rehabilitation sites
annually. Currently ten oyster sanctuaries that are enhanced as funding is available.
North Carolina Division of Marine Fisheries
Proposed Cuitch Planting Sites for 2011

5J 5
4
F -
ILI

4
rY II
it

i

P?
Dare County Areas
2 0 2 4 Miles
5
I 1
Nlonh C na . M a'l'b FMwt%*
Cim th Ptaftmo SkI

r

r^°
2 2
M OMMOW COun
North Carolina Division of Marine Fisheries
Proposed Cuttch Planting Sites for 2011
• r
L

45 1? _ S ?`..
_ l I r
.
IL I? _. ?r- `J I
1 ', % J j1
w i ?
4

t°T lC L ?.rt-
1
I
L?1 ?. c = 1
4._I
, ? ?f45
,?
T..rr
-
I

J
J
w ?r

® Pamlico County Areas
2 0 2 4 Miles w:
r F k
North Carolina Division of Marine Fisheries
Proposed Cuitch Planting Sites for 2011
- JJ/J
N

II

j r__ a ?

i`
Id"

I
ll i `? ? l
22
1
f
?i
l
J

I
f

ff
® Pender and New Hanover County Areas
1 0 1 2 Miles _
w :

if
??n ? f f? ti Yl qI
a1 -`1J
3 c.

L
s? ? Imo;
r-I
+
r
ti

anAc

yy.? y ?J Ci'? 1 ? I I

L
tD i o 0
CL
.
O 1

© std

11 ?
D ?' `
!
?i
C ?
- Z = _

IJ 0

?/Iq
W ^J
? ?3

r p '17
?

N ?

11• Ir
.{' 4 r

V
71 N ?
CD CD

Y!
4
r.3
W

?i -ter

North Carolina Division of Marine Fisheries
Proposed Duitch Planting Sites for 2011

Brunswick County Areas
2 0 2 4 Miles --
+ 4 y
North Carolina Division of Marine Fisheries
Proposed Cuitch Planting Sites for 2011
Rattan-
-
Bay
Tu m again ?,. 4
B
.
ay
? ?? it '} r Q
?

f
7
W est$ay
llll
J
4,
1 y,
d.L of Island
4 r_
5 ,

L --t

w
brUm Inlet
y
?+ S
i
II II L.?I `rt
±r ,
4 ? i a

r7
....
rs
"a&

Carteret County Areas
4 0 4 8 Miles
f * i
North Carolina Division of Marine Fisheries
Cultch Planting Protocols
1. Site Selection
The first step to planting cultch material is selecting a suitable site. Before planting starts
within a county, a public hearing is held within that county to take any public suggestions
or comments. A summary of local and recent year planting sites is presented along with
cultch material amounts available for current year plantings. Site selections will take
place after the public hearing. DMF Biologists and Technicians conduct an on-site
investigation for all new sites. The Biologist Supervisor of the Resource Enhancement
Section is responsible for all planting sites in the central and northern districts. A
Biologist in the Fisheries Management Section is responsible for all planting sites in the
southern district.
The following are criteria for site selection.
• Suitability for Fishermen
Fishermen want to be able to work during bad weather, so placing a site in protected
waters allows them to continue harvesting oysters during bad weather events. Water
depth is also a concern for fishermen. Some of our sites are located in Mechanical
Methods Prohibited (MMP) areas, which means fishermen are only allowed to harvest
oysters by hand and with hand operated rakes and tongs. These sites are placed in
shallow waters (1-6 ft.). Sites not in MMP areas have a depth range of 5-18 feet. These
sites are usually worked with oyster dredges. Fishermen also like to have the site located
close to their landings so they do not have to run long distances.
• Distance from Stockpile
DMF tries to meet the requests of the public for new sites, while considering cost
effectiveness, time lines, and spawning season. We have a limited number of stockpile
sites from which we are able to conduct planting operations. The amount of material we
are able to deploy during a planting season (April - September) varies greatly on the
distance we have to run from the stockpile locations.
Bottom Type
Before cultch material is planted, a site investigation is performed to determine its'
suitability. The bottom type is a major factor that is considered. If the bottom is too soft
the material will sink into the bottom resulting in material losses. If the bottom is too
hard this could indicate high wave activity and material would be scattered or "sand-up".
A firm clay bottom is a good bottom type. Most any firm bottom works well and we
typically plant material on a firm sandy-mud or firm muddy-sand bottom.
• Water designation by state agencies (MMP, PNA, DPA, Clam Kicking Areas)
r w a
The Shellfish Sanitation Section is responsible for monitoring and classifying coastal
waters as to their suitability for shellfish harvesting for human consumption.
Recommendations are made to the Division of Marine Fisheries to close those waters that
have the potential for causing illness from shellfish consumption. DMF does not plant
cultch materials in such waters as part of the annual cultch planting program.
DMF has designations on water bodies that can restrict or limit types of fishing gear used.
DMF may or may not plant cultch materials in these designated areas to help protect the
oyster reef and to be consistent with our own rules.
2. Planting Operations
Cultch planting operations take place during the months of April through September.
The purpose is to provide suitable substrate for the attachment of natural oyster spat as
well as other filter feeding organisms. Cultch material (oyster shells, sea scallop shells,
calico scallop shells, surf clam shells, and marl) is off loaded from division vessels with
the use of water pressure or heavy equipment (crawlers, tractors, loaders). Cultch
planting sites vary in size from 0.1 to 10 acres in size depending on cultch availability,
bottom type, and harvest gear allowed in the area. Typically the sites average less than 5
acres especially in the smaller water bodies (creeks and bays) but can encompass more
acreage for sites that exhibit particularly high potential. Site specific characteristics
influence the size of the site and materials used. Sites located in areas were mechanical
methods are allowed may have more material per acre to address the use of dredges that
typically have greater impact on the integrity of the deployed cultch material. Sites
located in hand harvest areas may have materials spread over a larger area based on the
harvest methods and suitability of the location. For example sites with stable substrates
that will be harvested by low impact means may have materials deployed in a less
concentrated manner to take advantage of the high quality of the site. Cultch planting
sites have a low profile, typically 2" to 18" high, and some maybe just a single layer of
cultch material covering the bottom. Cultch planting typically does not cover the site
completely leaving areas of bare bottom within the site, so a 5 acre permitted site will not
have 5 acres of cultch coverage.
Stockpile sites are locations where we store cultch material for future planting operations.
DMF currently has nine stockpile sites, which are listed below.
1. Wanchese, Wanchese Harbor, Dare County
2. Swanquarter, Swanquarter DOT Ferry Basin, Hyde County
3. Hobucken, Wildlife Resources Commission Public Use Area, Pamlico County
4. Cedar Island, Small Boat Harbor, Carteret County
5. South River, end of Tosto Road, Carteret County
6. Morris Landing, end of Morris Landing Road, Onslow County
7. Camp Lejeune, TLZ Blue Bird, Onslow County
8. Shallotte, end of Carter Road, Brunswick County
• M/V West Bay is a 135 foot 1600 class LCU. This vessel conducts cultch-
planting operations from Swanquarter and South River stockpile sites. At both of these
0
locations, the bow of the vessel is positioned at the waters edge and the front door is
lowered onto the shore. Dump trucks loaded with cultch material are backed onto the
vessel and dumped. Once the vessel is fully loaded with cultch material, a front-end
loader runs on deck for unloading the cultch material once the vessel is on site. The MN
West Bay's carrying capacity is 150 tons (3,000 to 5,000 bushels) of material. Due to her
draft, the MN West Bay can only plant cultch material in deep water (> 8 ft.).
Occasionally MN West Bay will serve as a cultch transport vessel to remote locations.
During this type of operation, the MN West Bay is working in tandem with smaller
vessels, which allows DMF to plant in shallow waters far away from any stockpile site.
Cultch material is transferred from the M/V West Bay to one of the following vessels
using a front-end loader.
0 R/V Crab Slough is a 60 foot motorized barge designed for cultch planting
operations in shallow water (>5ft). This vessel conducts cultch-planting operations from
the Dare, Hyde, Pamlico and Carteret county stockpile sites. Typically, the RN Crab
Slough operates from Dare and Hyde counties stockpile sites. This vessel is loaded in
different ways depending on the stockpile site. From the Wanchese stockpile site the
vessel is loaded by a dump truck emptying its load from the elevated bulkhead onto the
deck of the vessel. At the Swan Quarter site, it is loaded with a conveyor feed by a small
front-end loader. Sometimes the R/V Crab Slough is loaded with a large front-end
loader, which is positioned on a dock along side the vessel. A high-pressure stream of
water is used to distribute the cultch material over the bottom once the vessel is on site.
This vessel's carrying capacity is 500 to 1,000 bushels.
0 RN Shell Point is a 50 foot motorized barge designed for cultch planting
operations in shallow water (>4ft). This vessel conducts cultch-planting operations from
the Hyde, Pamlico and Carteret county stockpile sites. Typically, the RN Shell Point
operates from Pamlico and Carteret county stockpile sites where it utilizes a conveyor fed
by a small front-end loader for loading. However, this vessel can be loaded in the same
manner as the RN Crab Slough depending on the stockpile site. A high-pressure stream
of water is used to distribute the cultch material over the bottom once the vessel is on site.
This vessel's carrying capacity is 500 to 1,000 bushels.
• The R/V Cape Fear and RN Stones Bay are 32 ft long and 36 ft long respectively.
These motorized barges were designed for cultch planting operations in very shallow
water (>2.5ft). These vessels primarily conduct cultch-planting operations from the
Onslow County and Brunswick County stockpile sites. They construct sites in Onslow,
Pender, New Hanover and Brunswick counties. From the Camp Lejeune stockpile site
these vessels are loaded by a front-end loader from the elevated bulkhead onto the deck
of the vessel. From the Brunswick County site, the vessels are loaded by a front-end
loader running up a ramp placed on the bow to the vessels and dumping the loads on
deck. A high-pressure stream of water is used to distribute the cultch material over the
bottom once the vessel is on site. These vessels's carrying capacity is 200 to 400 bushels.
3. Site Mapping
Beginning in 2008, all newly constructed cultch planting sites will be mapped utilizing a
GPS and a ground truthing pole. Typically four GPS positions will be recorded, but on
irregular shaped sites more may be required. DMF has future plans to utilize bottom
y
mapping equipment and software to get a more accurate size and position of each new
site.
4. Site Sampling
Samples are collected once a year, during January to April. Samples from the previous
three years plantings are analyzed for initial spat set and growth. Survival was analyzed
prior to 1981. The data are used to evaluate the success of the plantings, determine the
suitability of various areas for oyster culture, and make comparisons between different
plantings, areas, or cultch materials and to assist in the selection of future planting sites.
Beginning in 1981, recent mortality was no longer recorded. Prior to 2005, data was not
collected for sites within and south of New River. Using a standard oyster dredge,
hydraulic patent tongs or hand tongs samples are collected on sub-tidal sites. A
minimum of thirty cultch pieces are collected. Gear parameters and environmental
conditions are noted. Normally a 75-pound, 36-inch tooth bar dredge or hand tongs are
used. On rare occasions patent tongs may be used to obtain planting samples. Inter-tidal
sites are sampled by hand at low tide in all applicable inter-tidal areas of the Southern
District and hand tongs are used in the more northerly sub-tidal areas of Stump Sound
and New River. Three tong grabs per location are usually taken to obtain the minimum
amounts of cultch required. Thirty pieces of cultch are randomly selected from each
sample and the type of cultch (oyster, calico scallop, surf clam, marl, or sea scallop) is
noted and the lengths of each spat are measured to the nearest millimeter and recorded.
Prior to 1981, the length of each piece of cultch was recorded and numbers of recently
dead spat were counted.