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HomeMy WebLinkAbout20130043 Ver 1_CAMA Application_2013011620130043 ' PIMA 4f' NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary January 14, 2013 MEMORANDUM: TO: Karen Higgins 401 Oversight Division of Water Quality- Surface Water Protection FROM: Doug Huggett, NC DENR -DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11- 12 -09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: North Carolina Coastal Federation c/o Ted Wilgis Project Location: Open water area in the Lockwood Folly River, Brunswick County Proposed Project: construction of 21 oyster restoration patch reefs Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huaaett at the address above by February 7, 2013. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796 -7215, when appropriate, in -depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. SIGNED This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910 -796 -7215 \ FAX: 910 - 395 -3964 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer JAN 1 6 2013 ndw a WATER QU�1- DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: North Carolina Coastal Federation 2. LOCATION OF PROJECT SITE: Open water area in the Lockwood Folly River in Brunswick County. Photo Index - 2006:7-6182 L,M,N,O- 7 -10 State Plane Coordinates — LAT: 33056.411'N LON: 78013.165'W 33056.499'N 78013.096'W 33056.365'N 78013.074W 33056.351'N 78013.161'W 3. INVESTIGATION TYPE: CAMA /D &F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 10/24/12,12/11/12 Was Applicant Present —No, No 5. PROCESSING PROCEDURE: Application Received — 10/01/12, 11/29/12,12/11/12 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Brunswick County Land Classification from LUP — Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Waters (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing — N/A Planned — N/A (F) Type of Structures: Existing — none Planned —Oyster restoration patch reef areas (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED O_ THER (A) Highground Disturbance N/A N/A N/A (B) Open Water N/A N/A 130,640 sq.ft. usurped (B) Shallow Bottom N/A 15,000 N/A sq.ft.(0.34 acres) (D) Total Area Disturbed: 15,000 sq. ft. (0.34 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant is proposing to construct a total of 21 oyster restoration patch reefs, to establish cultch for oyster attachment and creation of fish habitat within the intertidal zone and estuarine waters of the Lockwood Folly River in Brunswick County. NC Coastal Federation Page 02 9. NARRATIVE DESCRIPTION: The project site is located in open waters of the Lockwood Folly River. The site must be accessed by boat. The area is located southeast of Varnumtown (west bank of river), west of Money Point (east side of river) and near red channel Marker #8. This area of the river is only accessable by boat. The subject project would take place in a 3.0 acre intertidal flat within the Lockwood Folly River. The applicant has staked the proposed 3 acre project area with PVC posts. The PVC posts designate the four (4) corners of the proposed 3 acre area to be impacted. A small patch of Smooth Cordgrass (Spartina alterniflora) measuring approximately 10 feet wide by 15 feet long is present in the western edge of the proposed project area. Also in this area are two (2) existing oyster reefs measuring on average, 70 feet wide by 20 feet in length and have minimal new growth present. Water depths in the proposed project area are approximately 0 feet at NLW and are exposed during low water. Existing natural drainage channels within the project area have depths of approximately -1 foot at NLW and follow the down river flow, from north to south. This area of the Lockwood Folly River has a tidal amplitude of approximately 4.5 -5.0 feet. The bottom substrate is mostly sandy shoal with some finer silts and mud are present in the location of the natural drainage channels. The marked federal channel is located west of the proposed project area, however the ACOE claims jurisdiction of the open waters of the Lockwood Folly River from bank to bank. The Division of Water Quality classifies this area of the Lockwood Folly River as SA. This area IS designated a Primary Nursery Area by the Division of Marine Fisheries. This portion of the Lockwood Folly River is closed to the harvesting of shellfish. The parcel is classified as conservation in the Brunswick County LUP. 10. PROJECT DESCRIPTION: The applicant is proposing to construct approximately 15,000 square feet of new patch oyster restoration reef areas. The purpose for these reefs is to establish cultch for oyster attachment and creation of fish habitat within the intertidal zone and estuarine waters of the Lockwood Folly River in Brunswick County. The site is currently a sand mud flat shoal with some existing oyster reefs present and a small patch of Spartina alterniflora. The proposed reefs would be constructed of two (2) types of substrate; clean, loose oyster shell cultch and marine limestone marl. A total of 19 patch oyster reefs would be constructed of clean, loose oyster shell cultch. As proposed, the oyster shell reefs would be circular in shape with a diameter of approximately 30 feet and would cover an area approximately 710 square feet and would have a maximum height of 16 inches above the existing substrate. The applicant states individual reefs would consist of a maximum of 750 bushels of loose oyster shell. The proposed marine limestone marl reefs would be circular in shape with a diameter of approximately 15 feet and would cover an area approximately 205 square feet. As proposed, the marl reefs would have a maximum height of 16 inches above the existing substrate. The applicant states the individual marl reefs would consist of a maximum of 225 NC Coastal Federation Page 03 bushels of marl. The proposed patch oyster reefs would be constructed in the sub -tidal and intertidal locations and all reef materials used for construction would be ferried by small barge to the project site. The structures would be located in the open waters and intertidal flats of the Lockwood Folly River. The proposed reefs would be located approximately 100 feet from Channel Marker 8, which marks the federal navigation channel of the river. At periods of low tide, approximately 1.5 feet of the proposed oyster reefs would be exposed above the water's surface. The reefs would be constructed using a barge with an excavator to unload the material onsite. All structures proposed would be located along the intertidal flats and as proposed, would be aligned to avoid any existing natural drainage channels, no upland development is proposed. No SAVs are located within the waters adjacent to the proposed development at the times of field visits. 11. ANTICIPATED IMPACTS: The proposed reefs would fill 15,000 square feet of shallow bottom habitat and incorporate 130,640 square feet (3 acres) of Estuarine Waters. The location of the proposed reefs in relation to the proximity of the existing oyster reefs and drainage channels could potentially make accessing the eastern shoreline of the river difficult. The position of the proposed structures appears to make access thru the natural drainage channels more restrictive during periods of low tides for public use. The reefs are proposed to extend above the surface of the water at NLW to a height of approximately +1.5 feet above the substrate. This could cause a hazard to navigation for boaters utilizing the area for recreational and commercial purposes, being the reefs would be exposed above the water's surface at periods of low tide and submerged during periods of high tide exhibiting minimal clearance. The existing natural drainage channels appear to connect to the narrow channels that provide access to the east side of the river near Money Point. During site visits it was observed that on the existing reefs in and near the project area, new oyster growth was minimal. During site visits .it was noted that the areas adjacent the reefs, and existing natural drainage channels had converted from a sandy substrate to a soft silt laden substrate. It appears both the position and close proximity to one another affects the natural current flow, therefore causing a disruption in the natural sediment deposition for the immediate area. The proposed reefs would add structure to an area otherwise void of structure /habitat therefore would benefit many native species of finfish. Holley Snider Wilmington January 10, 2013 Project Narrative Lockwood Folly River Oyster Reef Habitat Restoration Project Applicant: North Carolina Coastal Federation, Inc. Date: August 27, 2012 Project Summary: The North Carolina Coastal Federation is proposing to create and restore 15,000 square feet of intertidal Eastern Oyster (Crassostrea virginica) patch reef habitat in a 3 acre project area in the lower Lockwood Folly River in Brunswick County. The proposed project will use a maximum of 14,500 bushels of oyster shell and 500 bushels of marine limestone marl to create a series of 21 patch oyster reefs in the 3 acre project area. Project Area Description: The Lockwood Folly River, within the Lumber River Basin, is located in southeastern North Carolina in coastal Brunswick County. The river's headwaters are in the Green Swamp and flow into the Atlantic Ocean through the Lockwood Folly Inlet. The estuary maintains polyhaline to euhaline conditions ranging from 18 to 36 ppt salinity. Due to the proximity of the inlet and strong tidal flow the estuary experiences a high rate of water exchange and flushing. This allows the lower river to maintain high water quality despite increasing non -point source pollution from a developing watershed. Tidal salt marshes, dominated by saltmarsh cordgrass (Spartina alterniora), saltmeadow hay (Spartina patens), saltgrass (Distichils spicata), occur along the estuarine shorelines and make up small islands in the lower river. The lower river contains extensive intertidal flats with areas of shell hash and mud. The Lockwood Folly River contains significant areas of intact wetland areas along its length which valuable buffering and water quality benefits. The existing estuarine habitats, water quality direct connection with the ocean makes the Lockwood Folly a vital area for estuarine and marine organisms foraging, migrating, breeding, spawning and seeking refuge as juveniles. Project Background: The Lockwood Folly contains significant areas of oyster beds and maintains high levels of annual oyster spat fall. However, due to water quality declines, heavy sedimentation rates, and focused harvest pressure in the remaining open waters viable oyster reef habitat has been degraded and lost. Oyster spat monitoring by UNCW's Benthic Ecology Lab and volunteers indicates that high levels of oyster larvae are present each year from May- October in the waters adjacent to the project area. However, substrate for the larval settlement is a limiting factor. Providing adequate reef habitat and settlement substrate will help to enhance the oyster population, oyster reef habitat, fish habitat and potentially some localized water quality benefits in the lower river estuary. Recent global analyses suggest that shellfish reefs are near or past functional extinction in many regions (Beck et al. 2009). Management strategies that include restoration efforts designed to conserve or even improve reef conditions are recommended to reverse the negative consequences of reef losses (Brumbaugh et al. 2006, Beck et al. 2009). Unlike many other global regions, reefs in the southeastern US are characterized as good to poor (Beck et al. 2009), in part because of historical under - exploitation and until recent (1990s) delayed coastal development. Although far from ideal, the good to poor condition of southeastern oyster habitats represents an opportunity to be proactive environmentally and attempt to reverse the losses before reefs become functionally extinct in the region. Once valued primarily as a resource, oysters are now recognized as ecosystem engineers (sensu Jones et al. 1994) and oyster reefs are one of the key structural elements within southeast estuaries. Reefs create complex habitats used by fish, crustaceans and bivalves including commercial and recreational species as well as other invertebrates, birds and mammals (Zimmerman et al. 1989, Wenner et al. 1996, Coen et al. 1999b, Coen and Luckenbach 2000, Meyer and Townsend 2000). Oysters also can improve water clarity and quality by filtering large quantities of water (Nelson et al. 2004, Newell 2004, Grizzle et al. 2008); a mature oyster can filter X00 L of water per day. Observed declines in oyster populations not only affect the resource but also are associated with adverse effects to reef - associated species and reduced water quality, ultimately leading to shifts away from "natural" ecosystem functioning. Few species besides the oyster are as readily identified as central to the functioning of estuarine systems. State and federal fisheries management recognize shell bottom habitat as critical to fisheries production. Although fully functional reefs may require 3 -5 yrs. to develop, data suggest oyster shell alone attracts many more fish than adjacent bare mud flats (Coen et al. 1999, Lenhert & Allen 2004, Garwood et al. submitted). An impressive nlRQGNEHVes, >85 species, quickly colonize oyster shell providing food sources for larger invertebrates an(b(" grK{ Pagel of 4 SEP 0 4 2G12 natural process of stabilizing the shells. Similar to natural shell habitat, restored oyster reefs also provide habitat for economically important species. These species use shell bottom as spawning, nursery, foraging, and/or refuge areas and emphasizes the importance of oyster reefs /shell bottom as fisheries habitat. In consideration of the economic importance of shellfish producing areas, the NC Marine Fisheries Commission classified reefs as critical habitat areas under 15A NCAC 3I.0101. The South Atlantic Fishery Management Council also recognizes oyster reefs as Essential Fish Habitat for estuarine and nearshore coastal ecosystems (Coen et al. 1999). Project Site: The 3 acre proposed project site is located on an intertidal flat just off the main stem of the lower Lockwood Folly River. The proposed site is above the section of the river called Eastern Bend, below the town of Varnamtown, and opposite of the Lockwood Folly Golf and Country Club community. The site is between the Cross Rock Shellfish Management Area and the oyster reef known as the "S Rock ". The patch oyster reef habitat will be constructed in the project site in the public trust waters of North Carolina the lower estuary of the Lockwood Folly River (Work Plan Drawing #4). The GPS coordinates for the site are: NW Corner: 33° 56'25.16" N x 781 13'9.86" W; NE Corner: 331 56'25.21" N x 78° 13'5.42" W SW Corner: 331 56'21.74" N x 781 13'9.80" W; SE Corner: 33° 56'21.71" N x 78° 13'5.39" W The proposed oyster reef site will be located just upriver of the line marking the permanent closure of waters to shellfish harvest (Work Plan Drawing #5). The closure is due to bacteriological contamination. While the bacteria are not harmful to reef development and the oysters' health, the persistent presence of high levels of bacteria has resulted in the permanent closure of waters to shellfish harvest above the closure line. Placement of the reefs just inside the closed area eliminates a potential user conflict from the potential closure of open shellfish waters to build and protect the habitat restoration sites. Placing the reefs in the closed areas will also allow for monitoring, research and comparison of created oyster reefs to existing oyster reefs further upstream and closer to the pollution sources in the closed areas. The proposed reef site is located downriver of the DMF Primary Nursery Area demarcation (Work Plan Drawing #5) in the river (coordinates downloaded from DMF website). The proposed project site is located in an area designated as Secondary Nursery Area. Oyster reef habitat is considered Essential Fish Habitat and provides refuge and foraging opportunities for larval, juvenile and adult transient, resident and facultative fish, crustaceans and shellfish. The created oyster reef habitat is designed to restore and enhance important fishery habitat in the lower river which has experienced loss and degradation of historic oyster reefs. The proposed project site is dominated by intertidal sand/mud flats with a few existing patch oyster reefs and a small area of Spartina alterniflora vegetation. No reef material will be placed on any existing oyster reefs or on the small patch of Spartina alterniora in the project site. Project Methodology - Patch Oyster Reef Habitat Creation: 21 patch reefs of Eastern Oyster (Crassostrea virginica) habitat will be created as a result of the proposed project (Work Plan Drawing #2). The reefs will be placed within the proposed 3 -acre project area in a manner that is appropriate for oyster larval recruitment and settlement; reef development; and nekton and epifauana utilization. NCCF has consulted with UNCW shellfish researchers and NC Division of Marine Fisheries staff regarding the design and placement of the created reefs. The reefs will be designed with suitable elevations, patch size, inter -reef habitat, surface and edge complexity and shell layer thickness to allow for maximum potential for oyster larvae recruitment and settlement, water flow and transport of oxygen and food for the oysters, habitat provision and other ecosystem services. Oyster spat monitoring by UNCW's Benthic Ecology Lab and volunteers indicates that high levels of oyster larvae are present each year from May- October in the waters adjacent to the project area. Existing natural reefs near the project site will be used as reference reefs for the project design and monitoring. A) The proposed project will use a maximum of 14,250 bushels of recycled oyster shell to create 19 patch intertidal oyster reefs. Each reef will: — cover a maximum area of 710 square feet R E (` E- I V E D — have a height of 16" above the existing substrate DCM ��' !. ! i;�' ''< ?�i , NC — contain a maximum of 750 bushels of oyster shell SAP 4 4 2012 Page 2 of 4 — contain a maximum of 920 cubic feet of oyster shell The total area covered by the 21 created patch oyster shell reefs in the project area will be 14,500 square feet containing 17,480 cubic feet of oyster shell. B) If allowed, the project will use #4 marine limestone marl to build two patch oyster reefs to demonstrate and monitor the effectiveness of this reef material. Marl is a suitable reef material and is utilized by NCDMF for oyster reef enhancement activities. Using marl in conjunction with oyster shell supplements the amount of reef material and enables further evaluation of marl as reef material in estuaries along the coast. Two similar patch marl intertidal oyster reefs were created by NCCF and NCDMF in Dicks Bay off of Myrtlegrove Sound. 5 years of monitoring of the reefs indicate that they have statistically similar levels of oyster and epifauna densities as created reefs with oyster shell. The project is proposing that 450 bushels of #4 marine limestone marl be used in conjunction with the oyster shell to create two oyster reef mounds each containing 225 bushels of 4 marine limestone marl. Each reef mound will: — cover a maximum area of 205 square feet — have a height of 16" above the existing substrate — contain a maximum of 225 bushels of marl — contain a maximum of 265 cubic feet of marl The total area covered by the 2 created patch marl reef mounds in the project area will be 500 square feet containing 535 cubic feet of #4 marine limestone marl. As a whole the proposed project will construct 21 oyster reefs covering a total area of 15,000 square feet containing 18,015 cubic feet (14,700 bushels) of oyster shell and marl reef material. NCCF will mark the project site and reef locations with PVC poles according to the designated project design prior to reef construction. The oyster reef material will be purchased from oyster shucking houses and quarries (marl) and transported by truck to a stockpile location near the project site. The stockpile area is a vacant lot owned by the Town of Varnamtown near the town boat ramp. The project contractor will haul the reef material from the stockpile area to the boat ramp area to load it onto barges. The loads of reef material may be temporarily be stored on the concrete pad of the boat ramp so that a front end loader can scoop up the material and load it onto the barges. The contractor will load the reef material onto small, shallow draft barges. The barges will travel to the project site during high tide conditions. The contractor will most likely deploy the shell off the barge using a small front end loader on the barge. The reef material will scooped up on the barge and then deployed into the reef footprints as indicated by the PVC poles placed earlier. All natural reefs and wetlands will be posted so the contractor can avoid those areas as he works in the project area. NCCF will be monitoring the reef construction activities and will check the placement of the shell at low tide to ensure that it meets the project design specifications. Depending on the tides the contractor may deploy — 500 -1000 bushels of reef material a day. Reef construction is anticipated to occur between September and October while oyster larvae are still present. Upon the satisfactory completion of the reef material deployment NCCF will place signage on the project area posts and work with NCDMF to have the site proclamated as a shellfish research sanctuary. The site will remain in the public trust, and all activities except shellfish harvesting will be allowed in the project area. Project Monitoring Plan The Benthic Ecology Lab at UNCW has been contracted by NCCF to conduct pre- and post - project monitoring of the site in conjunction with NCCF and volunteers. The pre - project monitoring will occur in Fall 2012 prior to reef construction. Post - project monitoring will begin in the summer of 2013 and occur according to the monitoring schedule for a period of 5 years. The monitoring program will be implemented to evaluate progress towards the project's habitat restoration objectives; measure overall project success and to comply with NOAA's minimum scientific monitoring requirements. The parameters include the structural and functional parameters listed below for the project components. The parameters, where appropriate, will be measured and monitored prior to the project initiation, concurrent with project implementation and continue until the results point to a trend of restoration success. Monitoring timing will be ccplEJ9lftto the Page 3of4 [)CM W,I- P"' ".•r1`C) N!, NC' 1 4 project schedule and the selected parameters. The timing will allow for any necessary changes or adaptive management during the project. Oyster Reef Habitat Monitoring I. Project Objectives: a. Increase the acreage of oyster reef habitat (structural) b. Increase the amount of substrate available for oyster recruitment, reef development, and fish habitat (functional) II. Monitoring Parameters: a. Acreage of oyster habitat created (structural) b. Abundances and densities of oysters and epifauna (functional) c. Oyster spat fall within the project area and reference areas III. Monitoring Measurements: a. Structural - Extent and area of created oyster habitat calculated by measuring reef footprints using on the ground measurements, aerial photographs and mapping tools b. Functional - Sample 20cm x 20cm quadrat random excavations from created and reference reefs identify and enumerate all oysters and epifauna within the quadrat c. Per NCDMF spat count parameters: 30 random shells will be collected and the number of spat on each counted. The average # of spat/shell will be calculated. N. Baseline ConditionsNalues: a. Pre - project survey for oysters and oyster habitat in the project area b. Comparison to existing natural reference reefs representative of existing conditions and similar reef architecture and landscape characteristics (series of patch reefs on mudflats ) c. 1 -2 Reference reefs will be selected at each site within the project area that: i. best represent the existing natural condition; ii. are similar in architecture and landscape characteristics to designed created reefs; and iii. represent target conditions. V. Evaluation of Results: a. Quantitative comparison to baseline pre - project conditions b. Statistical comparison to reference reefs at each site c. Success Criteria: L Increase in oyster habitat in the project area equal to or greater than project goal ii. Created reefs exhibit similar densities and abundances of oyster and epifauna as natural reefs at corresponding sites RECEIVED DCM WILMINGTON, NC Page 4 of 4 'q u" i t WWI WFUCAT181ftr Nola Development Famit (Mast revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Appl/canW Landowner Informadon Business Name Project Name (if applicable) N.C. Coastal Federation ERA Lockwood Folly Oyster Reef Habitat Restoration Project Applicant 1: First Name MI Last Name Edward (Ted) S Wilgis Applicant 2: First Name MI Last Name WA WA WA If addidional appgcants, please attach an addidional page(s) with names fisted. Mailing Address PO Box City State 530 Causeway Dr, Suite F -1 n/a Wrightsville Beach NC ZIP Country Phone No. FAX No. 28480 USA 910 - 509 -2838 ext.202 910 - 509 -2840 Street Address (lf dff9'erent dom above) City State ZIP same as above - I Email tedw@nccoast.org ' 2. AgenOContmctor Information Business Name WA Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box CRY State ZIP Phone No.1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address a different from above) City State ZIP Email <Fonn continues on back> 1-i tC; It=1 V E DCM WILMINGTON, NC OCT 01 2012 Form UCM MP -1 (Page 2 of 6) APPLICATION for Major Development Permit 3. Project Locadon a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) Street Address 130,640 sq. ft. (3 acres) c. Size of individual lots) County (can be mufttple) N/A- nearest roads are Vamamtown Rd SW & Genoes Pt. Rd. State Rd. g Brunswick SW e. Vegetation on tract WA Subdivision Name City L Man -made features and uses now on tract State zip n/a Vamamtown NC 28463- Phone No. Lot No.(s) (if many, attach addiction/ page with fist) n/a - - ext. n/a n/a, I I , a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project Lumber Lockwood Folly River 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 OManmade OUnknown Atlantic Intracoastal Waterway (AIWW) e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed []Yes ONo work falls within. n/a 4. Site Descripdon a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) n/a 130,640 sq. ft. (3 acres) c. Size of individual lots) d. Approximate elevation of tract above NHW (normal high water) or n/a, NWL (normal waterlevep I I Of many lotsize.% please attach addidional page with a fist) n/a ONHW or ONWL e. Vegetation on tract The project area is comprised of intertidal and shallow subtidal flats in the Lockwood Folly River. There is a small patch ( -12 sq. ft) of Spartina aftemiflora on the intertidal flat That is the only vegetation in the project area. ft will be marked and flagged to avoid any disturbance. L Man -made features and uses now on tract There are no man -trade features on the site Uses include boating and fishing. g. Identify and describe the existing land uses asUacent to the proposed project site. The adjacent land is within the Lockwood Folly Country Club and the Town of Vamamtown. h. How does local government zone the tract? t. Is the proposed project consistent with the applicable zoning? n/a (Attach zoning compliance certificate, N applicable) OYes ONo ®NA J. is the proposed activity part of an urban waterfront redevelopment proposal? Oyes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. OYes ONo ®NA If yes, by whom? 1. Is the proposed projed located in a National Registered Historic District or does it involve a OYes ONo ®NA National Register listed or eligible property? RECEIVED DCM WILMINGTON, NC OCT 0 1 01 Form DCM MP -1 (Page 3 of 6) <Fomi continues on next pago APPLICATION for Major Development Permit m. m Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? Wes []No (UQ If yes to either (Q or (it) above, has a delineation been conducted? ❑Yes ®No (Attach documentedon, If available) n. Describe existing wastewater treatment facilities. n/a o. Describe existing ddnldng water supply source. n/a p. Describe existing storm water management or treatment systems. n/a 5. Acts Nes and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®Public/Govemment ❑Private /Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The North Carolina Coastal Federation is proposing to create and restore 15,000 square feet of intertidal Eastern Oyster (Crassostrea virginica) patch reef habitat in a 3 acre project area in the lower Lockwood Folly River in Brunswick County. The proposed project will use a maximum of 14,500 bushels of oyster shell and 500 bushels of marine limestone marl to create a series of 21 patch oyster reefs in the 3 acre project area. The proposed project provides an opportunity to protect, restore and create additional oyster habitat in the lower Lockwood Folly River. Oyster habitat is under increasing pressure from harvest and water quality declines. The goals of the project are to provide substrate for the attachment of oyster larvae and oyster reef development for valuable habitat for finfish, shellfish and waterfowl. Once constructed, NCCF will apply to the N.C. Division of Marine Fisheries to have the project area designated as a Shellfish Research Sanctuary (dosed to shellfish harvesting) to allow for the continued monitoring and management of the project Since the project is located in dosed shellfish waters the project does not represent a loss of harvest area. The project area will be open to the public for fishing and monitoring. 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. (See Workplan Drawings 1-3 and Project Narrative). 21 patch reefs of Eastern Oyster (Crassostrea virginica) habitat will be created as a result of the proposed project (Figure 6). The reefs will be placed within the proposed 3 -acre project area in a manner that is appropriate for oyster larval recruitment and settlement; reef development; and nekton and epifauana utilization. NCCF has consulted with UNCW shellfish researchers and NC Division of Marine Fisheries staff regarding the design and placement of the created reefs. The reefs will be designed with suitable elevations, patch size, inter -reef habitat, surface and edge complexity and shell layer thickness to allow for maximum potential for oyster larvae recruitment and settlement, water flow and transport of oxygen and food for the oysters, habitat provision and other ecosystem services. Existing natural reefs near the project site will be used as reference reefs for the project design and monitoring. As a whole the proposed project will construct 21 oyster reefs covering a total area of 15,000 square feet containing 18,015 cubic feet (14,700 bushels) of oyster shell and mart reef material. NCCF will mark the project site and reef locations with PVC poles according to the designated project design prior to reef construction. The oyster reef material will be purchased from oyster shucking houses and quarries (marl) and transported by truck to a stockpile location near the project site. The stockpile area is a vacant lot owned by the Town of Vamamtown near the town boat ramp. The project contractor will haul the reef material from the stockpile area to the boat ramp area to load it onto barges. The loads of reef material may be temporarily be stored on the concrete pad of the boat ramp so that a front end loader can scoop up the material and load it onto the barges. The contractor will load the reef material onto small, shallow draft barges. The barges will travel to the project site during high tide conditions. The contractor will most likely deploy the shell off the barge using a small front end loader on the barge. The reef material will scooped up on the barge and then deployed into the reef footprints as indicated by the PVC poles placed earlier. All natural reefs and wetlands will be posted so the contractor can avoid those areas as he works in the project area. NCCF will be monitoring the reef RECEIVED DCM WILMINGTON, NC OCT 0 1 2012 Form DCM MP-1 (Page 4 of 6) APPLICATION for Major Development Permit construction activities and will check the placement of the shell at low tide to ensure that it meets the project design specifications. Depending on the tides the contractor may deploy — 500 -1000 bushels of reef material a day. Reef construction is anticipated to occur between September and October while oyster larvae are still present. Upon the satisfactory completion of the reef material deployment NCCF will place signage on the project area posts and work with NCDMF to have the site proclamated as a shellfish research sanctuary. The site will remain in the public trust, and all activities except shellfish harvesting will be allowed in the project area. The Benthic Ecology Lab at UNCW will be conducting pre and post project monitoring of the site in conjunction with NCCF. The post monitoring will begin in the summer of 2013 and occur according to the monitoring schedule for a period of 5 years. d. List all development activities you propose. (See Workplan Drawings 1-6 and Project Narrative). 21 patch reefs of Eastern Oyster (Crassostrea virginica) habitat will be created as a result of the proposed project The reefs will be placed within the proposed 3 -acre project area in a manner that is appropriate for oyster larval recruitment and settlement; reef development; and nekton and epifauana utilization. NCCF has consulted with UNCW shellfish researchers and NC Division of Marine Fisheries 'staff regarding the design and placement of the created reefs. The reefs will be designed with suitable elevations, patch size, inter -reef habitat, surface and edge complexity and shell layer thickness to allow for maximum potential for oyster larvae recruitment and settlement, water flow and transport of oxygen and food for the oysters, habitat provision and other ecosystem services. EAsting natural reefs near the project site will be used as reference reefs for the project design and monitoring. A) The proposed project will use a maximum of 14,250 bushels of recycled oyster shell to create 19 patch intertidal oyster reefs. Each reef will: 3 cover a maximum area of 710 square feet 3 have a height of 16" above the existing substrate 7 contain a maximum of 750 bushels of oyster shell 3 contain a maximum of 920 cubic feet of oyster shell The total area covered by the (21) created patch oyster shell reefs In the project area will be 14,500 square feet containing 17,480 cubic feet of oyster shell. B) If allowed, the project will use #4 marine limestone mad to build two patch oyster reefs to demonstrate and monitor the effectiveness of this reef material. Marl is a suitable reef material and is utilized by NCDMF for oyster reef enhancement activities. Using marl in conjunction with oyster shell supplements the amount of reef material and enables further evaluation of marl as reef material in estuaries along the coast The project is proposing that 450 bushels of #4 marine limestone marl be used in conjunction with the oyster shell to create two oyster reef mounds each containing 225 bushels of 4 marine limestone marl. Each reef mound will: 3 cover a maximum area of 205 square feet 3 have a height of 16° above the existing substrate :1 contain a maximum of 225 bushels of mad :1 contain a maximum of 265 cubic feet of marl The total area covered by the (2) created patch marl reef mounds in the project area will be 500 square feet containing 535 cubic feet of #4 marine limestone marl. As a whole the proposed project will construct 21 oyster reefs covering a total area of 15,000 square feet containing 18,015 cubic feet (14,700 bushels) of oyster shell and mad reef material. NCCF will mark the project site and reef locations with PVC poles according to the designated project design prior to reef construction. e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What Is the approximate total disturbed land area resulting from the proposed project? 15,000 sq ft. within a 130,640 sq. ft (3 acres) project area Sq.Ft or OAcxes g. Will the proposed project encroach on any public easement, public ac essway or other area [3Yes ®No ❑NA that the public has established use of? RECEIVED nrm w1I RAINGInNITNC 0 CT 0 12012 • Form DCM MP= 1(Page 5 of 6) APPLICATION for Major Development Permit h. Describe location and type of existing and proposed discharges to waters of the state. n/a t. Will wastewater or stonnwater be discharged Into a wetland? If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA ). Is there any mitigation proposed? ❑Yes ❑No ®NA If yes, attach a mitigation proposal. <Form continues on back> 6. Addidonallnfom don In addition to this completed application bm; (MP -1) the following Items below, it applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are shveys applicable to any major development apprication. Please consult the application Instruction booklet on how to property prepare the required Items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross - sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? if previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days In which to submit comments on the proposed project to the Division of Coastal Management Name WA Phone No. Address Name WA 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. We h. Signed consultant or agent authorization form, if applicable. 1. Wetland delineation, If necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owned 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. T. Cer>tlficadbn and Permission to EnW 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 fad grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow -up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledgeR EC E I V E D 0 C T 0 12012 Form DCM MP -1 (Page 6 of 6) Date Original: August 27, 2012 Revised: September 28, 2012 Print Name Ted Wilgis - NCCF Signature —� Please indicate application attachments pertaining to your proposed project ®DCM MP -2 Excavation and Fill lnformabon ODCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ODCM MP-4 Structures Information APPLICATION ror Major Development Permit RECEIVED DCM WILMINGTON, NC Porin 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. 1. EXCAVATION 0This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yams. c (i) Does the area to be excavated include coastal wetlands/marsh d High - ground excavation in cubic yards. (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 OWL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL 0This section not applicable a. Location of disposal area. b. Dimensions of disposal area c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. 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 OWL ❑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? (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? RECEWED SEP 0, 4 2`i2 252 -808 -2808 :: 1- 888- 4RCOAST :: wwwr.nccoastalmanagement.net revised: 12 126106 Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL ) stabilization Length 15,000 square feet Width Avg. Existing NA NA 4' NHW - 0' Depth NLW Final Project NA NA 2'8" NHW - 0' Depth NLW 1. EXCAVATION 0This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yams. c (i) Does the area to be excavated include coastal wetlands/marsh d High - ground excavation in cubic yards. (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 OWL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL 0This section not applicable a. Location of disposal area. b. Dimensions of disposal area c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. 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 OWL ❑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? (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? RECEWED SEP 0, 4 2`i2 252 -808 -2808 :: 1- 888- 4RCOAST :: wwwr.nccoastalmanagement.net revised: 12 126106 Form DCM MP -2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ®This section not applicable (if development is a wood groin, use MP-4 — Structures) a. i ype or snoreone staowzation: ❑Bulkhead ❑ Riprap ❑Breakwater /Sill ❑Other. c Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater /Sill Other i. Source of fill material. b. Length: Width: d. Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h Type of fill material. 4. OTHER FILL ACT11/ITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands /marsh (CW), If yes, (ii) Amount of material to be placed in the water 18.015 cf (iii) Dimensions of fill area 15.000 sf (iv) Purpose of fill The proposed project will use recycled, cured oyster shell and #4 marine limestone marl (as used by NCDMF for oyster cultch plantings) to build 21 patch intertidal oyster reefs. The reef (cultch) material is necessary to provide a suitable substrate for oyster larvae to settle on and attach. The reef material also provides habitat for finfish, shellfish and crabs. submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)7 If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of the fill in these areas - N/A 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)? The reef material, like the native reef material on site, is heavy and The project contractor will haul the reef material from the stockpile will remain in place in the project area. As the reef material is area to the boat ramp area to load it onto barges. The loads of deployed from the barge a temporary slight increase in localized reef material may be temporarily be stored on the concrete pad turbidity may occur, but will quickly dissipate. of the boat ramp so that a front end loader can scoop up the material and load it onto the barges. The contractor will load the reef material onto small, shallow draft barges. The barges RECEIVED will travel to the project site during high tide conditions. The contractor will most likely deploy the shell off the barge using a ° `N ' �C N NC small front end loader on the barge. The reef material will DGM l I i e . scooped up on the barge and then deployed into the reef SEp tl 4 AM footprints as indicated by the PVC poles placed earlier. c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes ❑No ®NA site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize 252.808 -2808 :: 1. 888- 4RCOAST :: www.nccoastaimanagement.net revised: 92126106 Form DCM MP -2 (Excavation and Fill, Page 3 of 3) (ii) If yes, explain what type and how they will be implemented. environmental impacts. (8) 2"x IV PVC poles with reflective tape and signage will be placed along the boundaries of the 3 acre project area. August 27, 2012 Date Lockwood Folly River Oyster Reef Habitat Restoration Project Project Name Ted WiIgis, N.C. Coastal Federation Appli t me Applicant 11ture RECEIVED 0 C M W1 U1 11,,�uT0N, NC SEP 0 4 2M 252 -808 -2808 :: 1- 888- 4RCOA$T :: www.nccoastalmanagement.net revised: 12/26104 sapepuno8 a.insolD s.ialeM VS pue VNd yliM uoile:)ol 1:)afoad 910 Z Sulme.aQ ueld VOM ZZ /8Z /ZZ :naH puZ `ZZ /LZ /6 :nail }SZ 'ZZ /LZ /8 :aleo u0ileaap93 lelseOD DN :Iue:)ilddd ZiOZ 6 9 ncaN 1:)9foad uolleaoisad jejigeH laaa aalsAo Janid Allo3 pooMP01 VU3 ON �NOic-)NINIIIM - I ._e v C!J Dr" '.MINGTON, N( ERA Lockwood Folly River Oyster Reef Habitat Restoration Project NOV 2 9 2012 Applicant: NC Coastal Federation Date: 8/27/12; 1st Rev: 9/27/12; 2 "d Rev: 11/28/12 Work Plan Drawing 3 of 6 Project Location with PNA and SA Waters Closure Boundaries