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HomeMy WebLinkAbout20231056 Ver 1_CAMA Application_20230801K DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT E—iro—eatal Quality 1. APPLICANT'S NAME: Stephanie Valdez 2. LOCATION OF PROJECT SITE: Rachel Carson Reserve Beaufort, NC 28516 Longitude: Latitude: 3. INVESTIGATION TYPE: CAMA + Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Date of Visit Purpose of Visit Applicant Present? 4/23/2023 Site Visit Yes 5. PROCESSING PROCEDURE - Application Received Application Co m lete Regional Office 6/20/2023 7/31/2023 DCM - Morehead City Regional Office 6. SITE DESCRIPTION: (A) Local Land Use Plan: Town of Beaufort Land Classification from LUP: Land Classification From LUPs (B) AEC(s) Involved: Coastal Shoreline, Estuarine Shoreline, Public Trust Shoreline, Coastal Wetlands, Estuarine Waters, Complex Natural Areas (C) Water Dependent: No (D) Intended Use: Public/Government (E) Wastewater Treatment: Existing: N/A Planned: N/A (F) Type of Structures: Existing: Planned: Other (G) Estimated Annual Rate of Erosion: Erosion Information Source: Annual Erosion Source 7. HABITAT DESCRIPTION: DREDGED ft2 FILLED ft2 OTHER ft2 A Open Water B CW's above NHW C CW's below NHW 1650 D Shallow Bottom E High Ground (F) Non -Coastal WL (E) Total Area Disturbed: 5390 ft' (F) Primary Nursery Area: No (G) Water Classification: HQW: High Quality Waters; SA: Market Shellfishing, Tidal Salt Water Open to Shellfishing: No Field Investigation Report: Stephanie Valdez DCM Major Permit Page I 8. PROJECT SUMMARY: The proposed project is for a 55.7'x 95.1' (-5390sf) area of coastal wetlands to be subdivided into 15 plots to be delineated with 60 PVC pipes. 6 out of the 15 plots will have 0.5' depth of soil disturbance and biomass removal using a rototiller for a total 1650sf disturbance. The proposal is part of a long-term monitoring research project for a global research network. 9. NARRATIVE DESCRIPTION: The area is an outlying coastal wetland island located on the southeastern portion of the Rachel Carson Reserve, Beaufort, Carteret County. The applicant states that the area is 11.9-acre with 330' of shoreline. A majority of the tract is coastal wetlands, which consists mostly of Spartina alterniflora, Spartina patens, Salicornia spp., and Juncus roemerianus. Upland vegetation consists of primarily sea oxeye, wax myrtle, and S. patens along the shoreline. The property shoreline is natural and has an elevation of 2' above NHW. The waters of Back Sound adjacent to the project area are classified as "SA, HQW" by the Division of Water Resources and have not been previously dredged. There are no nearby Primary Nursery Areas. According to the maps provided by the Shellfish Sanitation Section of the NC Division of Marine Fisheries, the waters within the project location contiguous to Back Sound are closed shellfish harvesting. No SAV were observed within the project area. There is no dredging proposed within navigable waters. A federal navigation channel in Taylor Creek which has been historically dredged and maintained exists on the northern edge of the Rachel Carson Reserve. 10. PROJECT DESCRIPTION: The applicant is proposing to conduct a long-term research and monitoring experiment on the Rachel Carson Reserve. The experiment will be a singular site in a global study (DRAGNet), that explores impacts of disturbance and nutrient availability on grasslands and salt marshes. The experiment will be monitored annually for ten years to observe and explore nutrient availability and disturbance recovery. The proposed project is for a 55.7'x 95.1' (-5390sf) area of coastal wetlands to be subdivided into fifteen 156.25sf plots delineated with a total of 60 PVC markers, four posts measuring 6'x2" diameter and 56 smaller posts measuring at 3'xl" diameter. The proposal shows that PVC posts will be anchored 1' into substrate. 6 out of the 15 plots will have 0.5' depth of soil disturbance and coastal wetland biomass removal using a rototiller. Disturbance will be limited to first 3 years of the 10 year experiment. 11. ANTICIPATED IMPACTS: The development would incorporate 1650sf coastal wetland and substrate disturbance. The development could impact potential feeding grounds and habitat for species listed on federal and state agencies. There is a potential for unknown long-term impacts and reestablishment of coastal wetlands vegetation after disturbance. There should be no interference with navigation due to its location on a marsh island and shallow water depths. Field Investigation Report: Stephanie Valdez DCM Major Permit Page 12 Name: Wayne Hall Date: 08-01-2023 Office: DCM - Morehead City Regional Office Field Investigation Report: Stephanie Valdez DCM Major Permit Page 13 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Duke University Marine Lab Project Name (if applicable) DRAGNet Applicant 1: First Name Stephanie MI R Last Name Valdez Applicant 2: First Name Brian MI R Last Name Silliman If additional applicants, please attach an additional page(s) with names listed. Mailing Address 135 Duke Marine Lab Rd. PO Box City Beaufort State NC ZIP 28516 Country USA Phone No. 360 - 731 - 9723 ext. FAX No. Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 ext. Phone No. 2 ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address Rachel Carson Reserve State Rd. # Front St. Carteret Subdivision Name City Beaufort State Zip 28516 NC - Phone No. Lot No.(s) (if many, attach additional page with list) 360- 731 -9723 ext. , , , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Back Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. j]Natural ❑Manmade ❑Unknown Back Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Beaufort, NC 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 330 5390 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) ❑NHW or ❑NWL e. Vegetation on tract Salt Marsh f. Man-made features and uses now on tract No man-made features on tract, used as recreation space and research g. Identify and describe the existing land uses adjacent to the proposed project site. Project will occur on the Rachel Carson Reserve, state owned land. Therefore, there is no occupancy of the proposed land and rather, it is used for research and recreation. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? State owned nature preserve (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes WNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes [3No ❑NA National Register listed or eligible property? <Form continues on next page> Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes F]No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. There are no wastewater treatment facilities on the Rachel Carson Reserve o. Describe existing drinking water supply source. There is no drinking water supply on the Rachel Carson Reserve p. Describe existing storm water management or treatment systems. There is no storm water management or treatment systems on the Rachel Carson Reserve 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The project is a long-term research experiment. The experiment at the Rachel Carson reserve will be a site in a global study, DRAGNet, that explores impacts of disturbance and nutrient availability on grasslands including salt marshes. The experiment will be monitored annually for ten years. 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. There will be a total of 15, 25 square meter plots. Plots will be constructed of PVC corner posts to mark each plot. In addition, disturbance of 6 of the plots, as total biomass removal, will be done using a rototiller stored at the Duke University Marine Lab. d. List all development activities you propose. Total plant biomass removal and nitrogen, phosphorus, and potassium fertilization annually. Plots will be monitored annually where biomass and sediment samples will be taken from a subsection of each plot. 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? 1650 [SSq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ❑No K]NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. There are no proposed discharges to the waters of the state. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ❑No ONA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? ®Yes ❑No ❑NA If yes, attach a mitigation proposal. <Form continues on back> Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. No portion of the experiment has been completed. 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 Rachel Carson Reserve Phone No. (252) 838-0886 Address Front St., Beaufort NC, 28516 Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Rachel Carson reserve research permit- 2-2022, issued 05/09/2022 NC DEQ SEAP permit- 2072460, issued 03/02/2023 h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 03/02/2023 Print Name Stephanie Valdez Signature L/ Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ❑DCM MP-4 Structures Information Disturbance and Resources Across Global Grasslands (DRAGNet) Experimental Network Stephanie Valdez Duke University Stephani e.val dezg duke. edu Background: The Disturbance and Resources Across Global Grasslands (DRAGNet) Experimental Network is a global network of researchers conducting the same experiment across longitudinal and latitudinal gradients and grassland types, including coastal marshes. Both human disturbance and changes to nutrient availability are pervasive causes of habitat loss and changes to biodiversity (Ellis 2011, Newbold et al. 2016, Higgins 2017). A goal of DRAGNet is to experimentally explore how grasslands respond to disturbance and nutrient availability on large scales. DRAGNet builds on the success of the Nutrient Network (NutNet), an ongoing 10 year, global study with over 130 sites and nearly 300 publications. DRAGNet will expand the research to explore impacts of disturbance. Salt marshes, a type of coastal grasslands, are threatened by many of the same anthropogenic stressors as terrestrial counter parts including disturbances caused by development (Silliman and Bertness 2004) and nutrient run off primarily from agricultural run-off (Deegan et al. 2012). In fact, salt marshes, occupying a thin band of viable habitat along the coast, may be more imperil than terrestrial grasslands. Having sites that represent valuable coastal grasslands in a global network is not only important for the global understanding of impacts on grasslands but also, more locally, for understanding how disturbances and nutrient availability may impact the resiliency of local salt marshes to these stressors. Methods: The proposed methods for DRAGNet are to set up a fully factorial, randomized block designed experiment to explore nutrient availability and disturbance recovery. Treatments include (n=3): 1) nutrient addition and disturbance, 2) ambient nutrient and disturbance, 3) nutrient addition without disturbance, and 4) ambient nutrient without disturbance. In the fifth year of the experiment, an additional treatment will be added, in which, nutrients are no longer added to a subset of the fertilized plots. Plots will be 25m2 with a lm2 walkway between each for a total of 589m2. Plots will be marked at the corners and in the center with PVC or bamboo. The center 2m x 2m of plots will be used for measurement and split into four, lm x lm subplots. One subplot will be designated for non-destructive plant composition and light measurements, while the other three will be designated for destructive soil and aboveground biomass measurements (Fig. 1). N4.J-r NPKµ �esaatia^ °'at° Figure 1: Diagram of 7pisturhance , NPKµ Cessrtion �onrro� 1� W NPNµ and example experimental set up with three randomized blocks ' � 1 m walkways Oisturhan[e piscurhanc¢ NPKµ for a total of 15 plots. / / NPKµ Cessation NPKN ` Sm NPKµ pisturhance C^ntrol To achieve nutrient Olsturhance additions, NPK fertilizer will be added to nutrient plots annually at a rate of 10 g m_2 of each nitrogen, phosphorus, and potassium. Disturbance will only occur in the first three years of the experiment on approximately 150m2 of marsh. Disturbance will include clipping all standing biomass, removing rhizomes, and tilling the soil. Plant species composition and light will be collected annually as well as standing biomass including live plants and dead mass. Soil metrics including nutrient availability, chemistry, and texture will be collected in the first, third, and fifth year. The experiment has the potential to continue beyond year five, with measures being taken annually but disturbance will conclude in year three and nutrient additions on a subset of plots in year five. The full timeline for the DRAGNet would be 10 years. Site: The Rachel Carson Reserve is an excellent area to conduct such a long-term experiment given the reserve oversite and management of the area. Research permits and approval have already been granted by Reserve personnel and a SEAP permit obtained from NC DEQ. Resources: DRAGNet Website: https:Hnutnet.or /g dragnet DRAGNet Experimental Protocol: https://nutnet.org/index.php/dragnetprotocol The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Citations: Deegan, L. A., Johnson D. S., Warren, R. S., Peterson, B. J., Fleeger, J. W., Fagherazzi, S., & Wollheim, W. M. (2012). Coastal eutrophication as a driver of salt marsh loss. Nature, 490(7420), 388-392. https://doi.org/10.103 8/nature l 1533 Ellis, E.C. (2011). Anthropogenic transformation of the terrestrial biosphere. Philos. Trans. R. Soc. A Math. Phys. Eng. Sci., 369, 1010-1035 Higgins, S.I. (2017). Ecosystem assembly: A mission for terrestrial Earth system science. Ecosystems, 20, 69-77 Higgins, S.I. (2017). Ecosystem assembly: A mission for terrestiral Earth system science. Ecosystems, 20, 69-77 Newbold, T., Hudson, L.W., Arnell, A.P., Contu, S., De Palma, A., Ferrier, S., et al. (2016). Has land use pushed terrestrial biodiversity beyond the planetary boundary? A global assessment. Science (80)., 354, 288-291 Silliman, B. R., & Bertness, M. D. (2004). Shoreline Development Drives Invasion of Phragmites australis and the Loss of Plant Diversity on New England Salt Marshes. Conservation Biology, 18(5), 1424-1434. https://doi.org/10. I I I I/j.1523-1739.2004.00112.x Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. One 15 units (plots) c. Density (give the number of residential units and the units per acre). zero residential units 15 units per acre (total land used 5390 sq ft) e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ❑No UNA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 0% i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 0% j. Describe proposed method of sewage disposal. No sewage will be created I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). No discharge to the waters of the state is expected d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 1650 sq ft to be disturbed by vegetation removal 2422 sq ft of land subjected to nutrient addition f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. No impervious surfaces h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ❑No E]NA (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? ❑Yes ❑No @NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes ❑No ®NA If yes, attach appropriate documentation. Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) No drinking water supply on the reserve o. When was the lot(s) platted and recorded? N/A 01/19/2023 Date DRAGNet Project Name Stephanie Valdez Applicant Name 'I -At ��- Applicant Signature n. (i) Will water be impounded? ❑Yes ❑No j]NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No [}]NA 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/26/06 North Carolina Department of Administration Beverly Eaves Perdue, Governor December 20, 2012 Secretary Dee Freeman Department of Environment and Natural Resources 1615 Mail Service Center Raleigh, North Carolina 27699-1615 Moses Carey, Jr., Secretary Re: Dedication of Areas within the Rachel Carson Component of the North Carolina National Estuarine Research Reserve Dear Secretary Freeman: Pursuant to Article 9A, Chapter 113A of the North Carolina General Statutes, this letter of allocation is executed for the purpose of dedicating the State-owned lands hereinafter described as a North Carolina Nature Preserve. These articles of dedication replace the articles of dedication dated June 5, 1987. The articles were amended to standardize the letter of allocation, to reflect additions, and to improve boundary accuracy. Those real properties are allocated to the Department of Environment and Natural Resources and currently managed by the Division of Coastal Management, briefly described below: Site Name Approximate Acreage Rachel Carson Component of the North Carolina 2,238 acres National Estuarine Research Reserve which are specifically described in Exhibit A, attached hereto and by reference made a part hereof. Dedication of the qualified portions of the tracts fulfill the terms of any prior grant agreements. Mailing Address: Telephone (919) 807-2425 Location: 1301 Mail Service Center Fax (919) 733-9571 116 West Jones Street Raleigh, N.C. 27699-1301 State Courier #51-01-00 Raleigh, North Carolina e-mail: moses.care),@doa.nc.gov An Equal Opportunity/Affirmative Action Employer The Governor and Council of State have approved the dedication of the State-owned lands described by this document as the Rachel Carson Component of the North Carolina National Estuarine Reserve Nature Preserve to be held in trust by the Custodian for the uses and purposes expressed in the Nature Preserves Act at a meeting in Raleigh, North Carolina on the 2"d of October, 2012. Sincerely, "/7/ Moses Carey, Jr. MC CONSENTED AND AGREED TO: q, 'no //2 n' I Secretary Dee Freeman Department of Environment and Natural Resources EXHIBIT A RACHEL CARSON COMPONENT OF THE NORTH CAROLINA NATIONAL ESTUARINE RESEARCH RESERVE DEDICATED NATURE PRESERVE COUNTY: Carteret County PHYSIOGRAPHIC PROVINCE: Coastal Plain TOPOGRAPHIC QUADS: Beaufort, Hankers Island SIZE OF AREA: ca. 2,238 (all primary area, including a 1,287-acre submerged area held by the Division of Coastal Management) OWNERJADMINISTRATOR: State of NC, Division of Coastal Management, Coastal Reserve Program DESCRIPTION: (see attached) BOUNDARY JUSTIFICATION: The primary areas are drawn based on the extent of intact natural communities. MANAGEMENT AND USE: The dedicated nature preserve is owned by the State. The site will be used for research, education and compatible recreational uses according to State Statutes (G.S. 113A-129.1-3 et seq.) and departmental regulations (15A NCAC 70.0100-.0202) for the Coastal Reserve Program within the Division of Coastal Management. A herd of feral horses, owned by the State and managed by the Coastal Reserve, lives on the island. These horses represent a management conflict due to impacts to natural conditions. Management activities are undertaken to control the size of the herd and minimize its impacts. DESCRIPTION: The Rachel Carson component of the North Carolina National Estuarine Research Reserve Dedicated Nature Preserve is composed of a complex of five islands. Town Marsh, Carrot, Horse, and Bird Shoal Islands are located across from the Beaufort waterfront. These four islands are in close proximity to one another and span approximately three miles in length from east to west and less than a mile wide from north to south. Middle Marsh, separated from the rest of the site by the North River Channel, is almost two miles long and less than a mile wide. Though not on the coast itself, the islands are exposed to wave energy through Beaufort Inlet, and, with the exception of Middle Marsh, closely resemble barrier islands in form. Natural communities resemble those of barrier islands, including Upper Beach, Maritime Shrub, and Salt Marsh. The Upper Beach community occurs on open sand with sparse vegetation of sea -rocket (Cakile edentula), salt -meadow cordgrass (Spartina patens), seabeach knot -weed (Polygonum glaucum), and shoreline sea -purslane (Sesuvium portulacastrum). Behind the dunes is a complex of low, shrub -covered islands, intertidal flats, tidal creeks, and shallow estuarine waters. The islands support Maritime Shrub communities, dominated by stunted live oak (Quercus virginiana), southern red cedar (Juniperus virginiana var. silicicola), loblolly pine (Pinus taeda), southern wax myrtle (Myrica cerifera), yaupon holly (Ilex vomitoria), and red bay (Persea palustris). Salt Marsh communities occur on intertidal flats and are comprised of saltwater cordgrass (Spartina alterni,Jlora), with supratidal Salt Flats of glassworts (Salicornia spp.), black needlerush (Juncos roemerianus), and sea oxeye (Borrichia frutescens). The area provides excellent habitat for nesting and foraging birds, with over 200 bird species observed annually. The preserve provides habitat for several species listed by federal and state agencies: Rare Plants: Seabeach Amaranth (Amaranthus pumilus): State Threatened; Federally Threatened Seabeach Knotweed (Polygonum glaucum): Significantly Rare -Throughout Shoreline Sea -Purslane (Sesuvium portulacastrum): Significantly Rare -Peripheral A Chain -teeth Moss (Tortula plinthobia): Significantly Rare -Other Moundlily Yucca (Yuccagloriosa): Significantly Rare -Peripheral Southern Seabeach Sandmat (Euphorbia bombensis): Significantly Rare -Throughout Rare Animals: Piping Plover (Charadrius melodus): State Threatened; Federally Threatened Wilson's Plover (Charadrius wilsonia): Significantly Rare Little Blue Heron (Egretta caerulea): State Special Concern Snowy Egret (Egretta thula): State Special Concern Tricolored Heron (Egretta tricolor): State Special Concern Common Tern (Sterna hirundo): State Special Concern Eastern Painted Bunting (Passerina ciris ciris): Significantly Rare; Federal Species of Concern Glossy Ibis (Plegadis falcinellus): State Special Concern Black Skimmer (Rynchops niger): State Special Concern Least Tern (Sterna antillarum): State Special Concern West Indian Manatee (Trichechus manatus): State Endangered; Federally Endangered Diamondback terrapin (Malaclemys terrapin terrapin): State Special Concern; Federal Species of Concern Loggerhead Sea Turtle (Caretta caretta): State Threatened; Federally Threatened Brown Pelican (Pelecanus occidentalis): Significantly Rare Green Sea Turtle (Chelonia mydas): State Threatened; Federally Threatened THIS ALLOCATION IS MADE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: Definitions: As used in the Letter of Allocation, the terms "natural area," and "nature preserve" have the same meaning as contained in the North Carolina General Statutes 113A- 164.3. 2. Dedication: The Reserve, as described in this Allocation, is hereby dedicated as a nature preserve for the purposes provided in the Nature Preserves Act. 3. Primary Custodian: The primary custodian of the preserve will be the Department of Environment and Natural Resources, Division of Coastal Management, Coastal Reserve Program which will be responsible for managing the preserve in accordance with the regulations set forth in 15 NCAC 12H .0300 and .0400 and 15 NCAC 70.0100 and .0200. 4. Primary Classification: The primary classification and purpose of the preserve shall be protection of coastal and estuarine ecosystems for research, education and such compatible traditional uses as are allowed by law and authorized by the Custodian and the terms of this allocation. 5. - Rules for Management: A. Character of Visitor Activity: The principal visitor activities in the preserve shall be research, educational programs, hunting and fishing, walking, canoeing/kayaking and observation. These activities shall be regulated to protect and conserve the natural features of the preserve. Activities and uses unrelated to those listed above are prohibited except as provided in this Dedication or unless necessary to carry out the purposes of the preserve. Prohibited activities include, but are not limited to, construction not compatible with the preserve, commercial activities and development, commercial silviculture, agriculture and grazing of domestic animals, gathering of plants or plant products for purposes other than approved research or restoration, the removal, disturbance, molestation, or defacement of minerals, archaeological and natural resources or natural features, or changes in topography except by existing easements or for restoration purposes, and those activities specifically restricted in this dedication. There will be no fires, except as specifically permitted by the Custodian for approved fire management activities or as described in the site management plan. There shall be no littering. Camping shall be allowed only as permitted for research purposes by the site management plan and in relevant 15A NCAC 70 sections. B. Visitors and Visitor Facilities: The Custodian reserves the right to orient and guide visitors for educational programs, scientific research, and preserve management. The Custodian may create and maintain nature trails, signage or kiosks, overlooks, fences, guardrails, steps and boardwalks adequate to promote the safe, permitted use of the preserve while protecting the preserve from unwanted or excessive visitor traffic and restricting visitor access to protect sensitive environmental resources. C. Roads. Structures and other Construction: New roads shall not be constructed in the preserve. When necessary, the Custodian may construct and maintain access limited to staff use for management purposes, such as service paths for patrol, fire control, right-of- way maintenance, and other management activities. Fences, barriers and other structures consistent with the purposes of the preserve as stated in this dedication may be installed. The Custodian shall locate, build and maintain trails and visitor control structures in a manner consistent with this dedication and in consultation with the North Carolina Natural Heritage Program. D. Vehicles: Motorized vehicles will be allowed as necessary for law .enforcement and emergency, for research by permit only and to provide for the management of the preserve as consistent with this dedication. Use of motorized vehicles at the Rachel Carson site shall be allowed according to stewardship policies specified by the Custodian in the NCNERR management plan. E. Disturbance of Natural Features: The cutting or removal of trees, dead or alive, or the disturbance of other natural features is prohibited except that which is consistent with this dedication or as required under the terms of certain existing right-of-way easements/permits between the State and public utility companies and other government agencies, restoration of natural conditions or is necessary for public safety. There is an existing easement between the State of North Carolina and the Army Corps of Engineers providing for disposal of dredge spoil materials in select areas, or disposal cells, along the northern boundary of the Reserve. There will otherwise be no mining, drilling, removal of topsoil, sand, gravel, rock, minerals, or other material, nor any change in topography or surface hydrology of the preserve other than for purposes of approved restoration. F. Hydrologic Alteration: The purpose of water level control shall be to maintain natural water regimes. Water levels that have been altered by human activities may be changed by the Custodian to restore the preserve to its natural condition. Removal of groundwater is allowable only as described through existing easements. The specific conditions and limitations of existing easements shall be considered part of this dedication agreement. G. Pollution and Dumping: There will be no storage or dumping of ashes, trash, garbage, hazardous substances, toxic waste, other unsightly or offensive material, or fill material, including dredge materials in, on, or under the preserve. No underground storage tanks may be placed within the preserve. No surface or ground waters of the preserve may have pollutants added within the preserve. H. Control of Natural Processes: Natural processes will generally be managed by allowing natural environments to evolve through natural processes with minimal influence from human activities. Control of natural processes may be undertaken if necessary to maintain or restore a particular ecosystem for the preservation of threatened, rare, endangered or unusual species and habitats. I. Control of Populations (natural and exotic): Any control of animal or plant populations, other than permitted hunting and fishing activities, shall be only to correct situations where populations have been significantly altered from natural conditions. The Custodian may, using scientifically sound natural resource management practices implemented by appropriately trained staff, apply biological controls, herbicides and pesticides, and other means deemed necessary or appropriate to control or eradicate exotic or native species of plant or animal that are degrading the natural character of the preserve. Hunting and Fishing: Hunting and fishing shall be permitted subject to regulation and management by the Wildlife Resources Commission or the Division of Marine Fisheries and applicable local, county and township ordinances. Regulation and management of hunting and fishing shall be consistent with protection of the natural diversity and primitive character of the preserve. The Custodian reserves the right to change the hunting and fishing policy in the future should it be deemed necessary to ensure long- term protection of wildlife and habitats. K. Bringing in Flora and Fauna: No exotic flora and no animals except leashed dogs and cats, or animals being reintroduced shall be brought into the preserve. Any reintroduction will be of species native to the natural community and shall be conducted by the Custodian or its agents according to an approved resource management plan. L. Fire: Wildfire management will ensure maintenance and protection of natural resources. Wild fires may mimic natural processes historically occurring in an ecosystem on a landscape level. When the extent of a wild fire does not threaten human life or structures, it may be allowed to burn with no direct suppression. If wild fire control is necessary, firebreaks may need to be established. When possible, existing roads and firebreaks will be utilized for wild fire control. When new firebreaks need to be established, environmentally sensitive areas will be avoided whenever possible. Any prescribed burning will be conducted in accordance with an approved fire management plan and in consultation with the North Carolina Natural Heritage Program. M. Research and Collecting Permits: Any person wishing to engage in scientific research or collecting shall first secure written permission from the Custodian. N. Management Plan: The Department of Environment and Natural Resources, Division of Coastal Management, as Primary Custodian of the preserve, shall develop a management plan for the preserve as prescribed in NCAC 70.0201. This management plan should be subject to all the provisions of this dedication and with the management principles set forth in the North Carolina Administrative Code 15 NCAC 12H.0300 and .0400. In any case where contradictions may arise between this instrument of dedication and other management regulations, the terms of this dedication shall take precedence. 6. Amendment, Modification, and Termination: Any changes to this Dedication must be made in accordance with the provisions of North Carolina General Statutes 113A-164.8, which require the approval of the Governor and the Council of State. The lands dedicated to the preserve pursuant to this instrument may be removed from dedication upon approval of the Governor and the Council of State. 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