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HomeMy WebLinkAbout20240129 Ver 1_Narrative_AR372_20240118ROY COOPER Governor ELIZABETH S. BISER Secretary KATHY B. RAWLS Director Pre -Construction Notice for US Army Corps of Engineers NC Division of Marine Fisheries January 18, 2024 North Carolina Artificial Reef Program Sites The North Carolina Division of Marine Fisheries (NC DMF) Artificial Reef Program has been formally operating since the 1970s and has a total of 70 permitted artificial reefs and oyster sanctuaries within the state of North Carolina. Twenty-five (25) of these sites are in the state's estuaries, while 43 are in ocean waters. In 2016, the NC DMF released an artificial reef guide that outlines each of the artificial reefs and oyster sanctuaries. The artificial reef guide provides material information, latitude/longitude information, and a figure of the material on each of the reef sites. A pdf version of the hardcopy reef guide can be found at http://portal.ncdenr.org/c/document libEM/get file?uuid=24160156-4b96-49e6-9126- 4fa488b49cbb&groupId=38337. The NC DMF Artificial Reef Program has also developed an interactive reef guide, set up in an ArcGIS format is available here: hllps://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=3b27e8594cb6444c88b5525b f763aa55. The interactive guide is complete with material shapefiles, latitude/longitude information, side -scan sonar imagery, and much more. This is available for review by the public, state, and federal agencies. Additionally, a reef boundary reconciliation document was prepared in 2017 which summarized the location, boundaries, existing materials, and permitting history of each site. This was reviewed by NCDCM and USACE for accuracy and was accepted in fall 2017. The relevant pages and acceptance letter are included in Attachment 1. Materials For reef construction, NCDMF intends to use only biologically suitable materials that are approved for reef building. Accordingly, NCDMF adheres to program documentation which details specifications for acceptable reef construction materials, based on federal and state guidance (references available upon request). It should be specially noted that all materials placed at the state's artificial reef sites are free of hydrocarbons, contaminants, and toxins, as required by the United States Army Corps of Engineers (USACE), the Environmental Protection Agency (EPA), the United States Coast Guard (USCG), and other agencies involved in permitting of artificial reefs. State of North Carolina Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 Morehead City, North Carolina 28557 252-726-7021 Project Background General Information The Division of Marine Fisheries is partnering with a non-profit, Eternal Reefs, to deploy prefabricated reef units containing the cremated remains of individuals. The ashes will be sealed inside a capsule, which will be encased in the concrete used to construct the reef unit. Site AR-372 AR-372 is located at 34.104917' N, 77.748617' W which is approximately 5.3 nm northeast of the Carolina Beach Inlet sea buoy, or 4.8 nm southeast of the Masonboro Inlet sea buoy. The reef site is defined by a 1500 ft. radius circular boundary, encompassing a total area of 162.27 acres in total. Site depth is 48 feet. and has a charted minimum vertical clearance of 15 feet. In consideration of site depth and required clearance, this site allows for a construction profile of up to 33 feet. Surveys revealed no existing shell resource or natural hardbottom within the proposed boundary. Existing materials already on AR-372 include barges, reef balls, concrete pipe, and Atlantic pods. Proposed Enhancements Materials NCDMF and its partner plan to use reef balls for this project. These are prefabricated concrete structures, which have been used successfully at dozens of reef sites in North Carolina. These structures meet the specifications outlined in the Section 7 consultation issued on 10/18/19 by the National Marine Fisheries Service. These prefabricated units weigh approximately 1000 lbs each and are consistent with NCDMF guidelines for acceptable artificial reef materials (Attachment 2). Spatial Design of Reef As standard practice, the reef program maintains a 150 ft. buffer of no construction on the inside perimeter of all ocean reef boundaries. The remaining area of each reef is gridded into 150 ft. x 150 ft. grids for spatial reference and planning purposes. An area has been identified in each reef site for material deployment. This can be seen as the yellow box in Figure 2. The area of the designated box is 15.49 acres. Reef Construction/ Material Deployments NCDMF anticipates conducting up to three deployments annually. The first deployment for this project is projected for Spring or Summer 2024. NCDMF personnel will be on -site for all deployments to make sure permit and vertical clearance compliance is maintained. To guide deployments, program staff will mark deployment locations with visible references above the waterline, using recreational grade GPS. NCDMF staff will ensure reef construction operations and methodology are consistent with historically successful practices. Reef Monitoring State of North Carolina Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 Morehead City, North Carolina 28557 252-726-7021 During construction, NCDMF staff will serve as observer(s) to ensure proper permit and building compliance. Deployed materials will be surveyed with calibrated onboard sonar to verify compliance with vertical clearance requirements. When time allows, staff will survey the sites with bathymetric mapping equipment, as an update to the Artificial Reef program's artificial reef guide and habitat records. Staff will also perform SCUBA surveys on reef sites to observe material condition, as time allows. The Artificial Reef program also employs an online survey for recreational users to provide feedback on Artificial Reefs through its website, including these sites. Further, artificial reefs are included in MRIP survey questionnaires, which can offer valuable biological information. Protected Resource Interactions NCDMF staff will adhere to all conditions outlined in the Section 7 Biological Opinion issued on 10/18/19 by National Marine Fisheries Service. Reef Marking AR-372 is an existing reef site and marked on NOAA charts. NCDMF does not maintain any physical marking on station. State of North Carolina Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 Morehead City, North Carolina 28557 252-726-7021 AR-372 Eternal Reefs AlbemaHe Sound Pamhco Sound Onstow Bay ��- i5 30 6D Nautical Miles Legend I I , AR-37 Figure 1. North Carolina coast map showing reef location. Figure Date: 1/18/24 State of North Carolina Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 Morehead City, North Carolina 28557 252-726-7021 AR-372 Eternal Reefs 0 375 750 1,500 Feet I I I I I I I Figure 2. Proposed spatial design for AR-372. Note there is a 150 ft. buffer of no construction around the perimeter of the reef site. The construction boundary is gridded into 150 ft x 150 ft grids, for planning reef deployments. For reference, the yellow highlighted area is the proposed 15.49 acre for enhancements. Figure Date: 1/18/24 State of North Carolina Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 Morehead City, North Carolina 28557 252-726-7021 Attachment 1. NCDMF Artificial Reef and Oyster Sanctuary Site Information (April 2017) AFC-7 65.7° magnetic - 5.3 nautical miles from a 375 750 1,500 Feet Carolina Beach Inlet Sea Buev i I I I i I I I i 140.1° magnetic - 4.8 nautical miles from MasonborD Inlet Sea Buoy No Proposed Changes Boundary Information: Center 34' 06295' N 77° 44.917 vi+ Radius 1500ft. 162.27acres Material 1 3.53 acres Figure Prepared 44717 Permits: SAW-2014-00567 Site Depth 48 ft. Min. Vertical Clearance 15ft. Clearance Verified yes + Centerpoint Reef Boundary Material State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 252-726-7021 I DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF WASHINGTON REGULATORY FIELDENGINEERS OFFICE 2407 W 5T" STREET WASHINGTON, NORTH CAROLINA 27889 October 25, 2017 NC Division of Marine Fisheries I J"Soli Ppaters Artificial Reef Program c/o Jason Peters Received 81 3441 Arendell St, Morehead City, NC 28557 Date ne�td D � I1 SUBJECT: NC DMF Artificial Reef Boundary Modifications Dear Mr. Peters: This letter is in response to the NC Division of Marine Fisheries Artificial Reef Programs request to modify and document the expansion of numerous artificial reef and oyster sanctuary sites throughout the estuarine and coastal waters of North Carolina. The reef site boundaries specified within this letter (see attached) are existing or permitted and have been accurately documented. These boundaries will be kept on file at the U.S. Army Corps of Engineers Washington Regulatory Field Office. If at any time your agency wishes to access these records, apply for a permit, or modify a boundary, this letter shall be referenced, along with the appropriate reef site information. This acknowledgement of the reef sites does not convey an active permit or authorization to conduct development within the reef site boundaries. Any future development within these reef sites will require authorization from the US Army Corps of Engineers. Please contact Mr. Josh Pelletier at the Washington Regulatory Field Office prior to the commencement of any activity at josh.r.pelletier@usace.army.mil or by telephone at (910) 251-4605. Sincerely, J99h elletier, Project Manger 4q9'hington Regulatory Field Office State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 I Morehead City, North Carolina 28557 252-726-7021 North Carolina Division of Marine Fisheries Artificial Reef Sites October 2017 Estuarine Reefs (Coastal Inshore Waters) AR-191 AR-197 AR-291 AR-292 AR-2951OS-04 Clam Shoal AR-2981OS-06 Ocracoke AR-380 AR-381 AR-392 AR-396 AR-398 AR-491 OS-01 Crootan Sound Coastal Ocean Reefs (Atlantic Shoreline to 3nm) AR-160 AR-165 AR-275 AR-315 AR-320 AR-342 AR-350 AR-364 AR-370 AR-378 AR-378B AR-425 AR-430 Federal Ocean (Seaward of 3nm line) AR-130 AR-140 AR-145 AR-220 AR-225 AR-230 AR-250 AR-255 AR-285 AR-300 AR-302 AR-305 AR-330 AR-340 AR-345 AR-355 AR-362 AR-366 AR-368 OS-02 Deep Bay OS-03 West Bay OS-05 Crab Hole OS-07 Middle Bay OS-08 Neuse River OS-09 West Bluff OS-10 Gibbs Shoal OS-11 Long Shoal OS-12 Raccoon Island OS-13 Pea Island OS-14 Little Creek OS-15 Swan Island AR-372 AR-376 AR-382 AR-385 AR-400 AR-420 AR-440 AR-445 AR-455 AR-460 AR-465 State of North Carolina Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 Morehead City, North Carolina 28557 252-726-7021 Attachment 2: Guidelines and Specifications for Acceptable Artificial Reef Materials (2017, 3rd Edition) ROY COOPER Governor MICHAEL S. REGAN u Secretary Marine Fisheries BRAXTON C. DAVIS ENVIRONMENTAL QUALITY Director North Carolina Division of Marine Fisheries Guidelines and Specifications for Acceptable Artificial Reef Materials Card Edition, 20171 Artificial reef materials are selected on four primary considerations: Function, compatibility, durability, and stability. Materials used must meet their intended function, by supporting diverse and abundant biological communities. Selected materials must also be compatible with the aquatic environment in which they are placed. This means they must not pose environmental risks. Also, unstable materials, or those prone to movement, and non -durable, or easily degraded, materials must be precluded from use. The North Carolina Division of Marine Fisheries Artificial Reef Program has produced a comprehensive list of accepted materials for use in partner projects. These materials were chosen based on the above criteria, using guidance from internal program studies, The ASMFC/GSMFC Guidelines for Marine Artificial Reef Materials (Second Ed., 2004), The Environmental Protection Agency's (EPA) National Guidance: Best Management Practices (BMPs) for Preparing Vessels Intended to Create Artificial Reefs, and the NOAA/NMFS National Artificial Reef Plan. Accepted Materials: Concrete: Any hard, strong building material made by mixing a cementing material (commonly Portland cement) and a mineral aggregate with sufficient water to cause material to set and bind. Types include (but are not limited to) oval and round pipe, box culverts, risers, catch - basins, knock -out boxes, bridge rubble and bridge spans, manholes, slabs, pilings, crushed concrete, and pre -designed structures such as Reef Balls or other units. All concrete must be fully cured to ensure environmental compatibility. Required Specifications: 0 cean- • Unacceptable types in the ocean: slabs, small pilings, crushed concrete, small designed structures • Size - concrete pipe must be no less than 4 feet in length and no less than 36 inches in inside diameter, unless such smaller pieces are "nested" inside large diameter pieces • Composition - units must be no more than 25% degraded or missing. All concrete must be fully cured before deployment • Design - pre -designed structures must meet approval of Artificial Reef Staff for function, compatibility, durability, and stability Estuary - Nothing Compares„ State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City. North Carolina 28557 252-726-7021 State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 I Morehead City, North Carolina 28557 252-726-7021 • Size - concrete pipe must be no smaller than 12 inches in inside diameter and not exceed 30 inches in inside diameter. Any concrete structure must not exceed 8 feet in length, width, or height. Crushed concrete must be: 8" maximum diameter, 6" average diameter, 4" minimum diameter, 10% maximum oversize, 5% maximum undersize. In some instances of shallow water development, 2-4" diameter crushed concrete is acceptable. • Composition - units must be no more than 25% degraded or missing. All concrete must be fully cured before deployment • Design - pre -designed structures must meet approval of Artificial Reef Staff for function, compatibility, durability, and stability Vessels: Vessels are a commonly used artificial reef material. These may be composed of ferro-cement or steel, though steel vessels are most common and preferred. Thorough preparation and cleaning is required before these materials may be used as reefs (EPA BMPs). Required Specifications: Ocean - • Size - vessels must be no smaller than 100 feet in length unless paired with a second 100 foot or greater vessel • Clearance - vessels are subject to clearance requirements and in many cases, must be shortened in height to comply with permits. This may involve expensive removal of vessel superstructure • Cleaning and preparation - vessels are subject to US Coast Guard and/or EPA inspection to satisfy BMPs, including removals of wood, floatables, loose materials, and deleterious substances. • Stability - all air must be allowed to escape during sinking • Durability - vessel selection is ultimately at the discretion of the Artificial Reef Coordinator, to satisfy expectations of durability Estuary - • Vessels are not accepted in estuarine waters Natural Materials: Natural materials have been used by most coastal states to replenish various types of habitat with a particular focus on shell bottom. Natural materials include different approved mineral rocks such as calcium carbonate shells, limestone marl, granite, and basalt. Required Specifications: Ocean - • Natural materials are not widely used in the ocean, given their size and susceptibility to sediment burial Estuary - • Size - o Limestone Marl (NCDOT Class B Spec.): 12"maximum diameter, 8" average diameter, 5" minimum diameter, 10% maximum oversize, 5% maximum undersize. In some instances of shallow water development, NCDOT Spec #4limestone marl is acceptable. Nothing Compares, State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 252-726-7021 State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 I Morehead City, North Carolina 28557 252-726-7021 Granite and Basalt: 8" maximum diameter, 6 average diameter, 4" minimum diameter, 10% maximum oversize, 5% maximum undersize Location- Limestone is not acceptable for use in high salinity environments, given high susceptibility to bio-eroding organisms. Notes on all materials: 1] All materials must be cleaned and prepared in accordance with United States Corps of Engineers General (Regional) Permits [#GP198500194 or 4GP19000291], any applicable NC Division of Coastal Management permits, and conform to site -specific navigational clearance requirements established by the United States Coast Guard and NOAA Office of Coast Survey. 2) Planned arrangements for acquisition, cleaning, preparation, dockage/staging, towing, and sinking/deployment must be described in proposals. Dockage,towing, and deployment will require proof of at least$1,000,000 marine liability insurance. 3) Additional guidance on material specifications and contracting requirements is provided in the following documents: a. Technical SpecificationsforArtificial Reeffonstruction Using Vessels: Publically Funded Projects b. Technical SpecificationsforArtificial Reeffonstruction Using Vessels: Privately Funded Projects C. Technical SpecificationsforArtificialReeforOysterSanctuaryConstructionusingNaturalMaterials: Privately Funded Projects d. Technical Specii icationsforArtificial Reefor Oyster Sanctuary Construction using Natural Materials: Publically Funded Projects e. Technical SpecifrcadonsforArtifcfalReefConstructionUsingConcrete:PublicallyFundedProjects f. Technical SpecificationsforArtificial Reef Construction Using Concrete: Privately Funded Projects Nothing Compares, State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 252-726-7021 State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 I Morehead City, North Carolina 28557 252-726-7021