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HomeMy WebLinkAbout20071500 Ver 4_CYH Attachments_20240403DAVEY#-. Resource Group TO: US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 April 3, 2024 NC Division of Water Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: The Coastal Yacht Hangar; Carteret County, NC RGP 198000291 & 401 WQC Renewal Request Action ID: SAW-2007-02987 & DWR Project # 2007-1500 To Whom It May Concern: On behalf of The Coastal Yacht Hangar, LLC, Davey Resource Group is submitting a Pre -Construction Notification form and associated attachments to renew the GP 291 and 401 Water Quality Certification for the Coastal Yacht Hangar, a boat storage and docking facility located at 1303 Sensation Weigh in Beaufort, NC, Carteret County. The purpose of the project is to provide the Beaufort community with safe navigation and access to Core Creek. This project was previously authorized in 2017 and the permits expired on December 31, 2021. The CAMA Major Permit was recently renewed. There are no changes to the previously permitted plans, docking facilities and dredging. The applicant proposes impacts to 0.49 acre of wetlands for the purpose of roadway fill for access and the footprint of the indoor boat storage facility. Additionally, 7.81 acres of open water dredging impacts (approximately 40,000 cy of material to be removed) will be needed to construct a 30-slip docking facility and access channel along Core Creek. If you have any questions, or would like to discuss the application, please do not hesitate to call. Thank you for your assistance. Sincerely, ilett Henson Environmental Scientist Encl. Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 COASTAL YACHT HANGAR BEAUFORT, NC Carteret County Action ID: SAW-2007-02987 DWR Project # 2007-1500 v3 DCM Permit # 5-08 PCN Attachments Table of Contents 1.0 AGENT AUTHORIZATION FORM 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph 3.0 SITE PLAN DRAWINGS 4.0 PREVIOUS AND EXISTING PERMITS 5.0 MITIGATION CREDIT RESERVATION LETTER 6.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC Species List EFH Mapper Report EFH and T&E Narrative 1.0 AGENT AUTHORIZATION FORM DAVEY#-,,, Resource Group AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: Uwe, the undersigned, hereby authorize Davey Resource Group, Inc. to act as our agent in the preparation and representation of information related to the Section 404/401 permit application for the Coastal Yacht Hangar project located in Beaufort, NC (Carteret County). All questions regarding this project should be directed to Davey Resource Group. Sincerely, Applicant nJ E-� !'v 4>P1 /1/) Print Name / ,A69;2,Gl Date ?hone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph L:\WETLANDS\2024 WETLANDS FILES\P.ENV0001508 --- 24 - Coastal Yacht Hangar, CYH LLC Boundaries are approximate and not meant to be absolute. Map Source: OpenStreetMap Coastal Yacht Hanger Carteret County, NC Map Date: 3.15.2024 R E NVOOO 15O8 14cRA v6 s QAVEYr Resource Group 3805 Wrightsville Avenue Wilmington, NC 28403 (910)452-0001 °v,a� ❑w �so+e 11 . R�Y ! �Cri�'Dawn 'S� 4u�T Q� N 0 1,000 2,000 Fig. 1 Vicinity Map 4,000 =ft RA W 9 m 0 .,µe. r, 1 +.-. j � a. S.l. '� • !� r •r f L:\WETLANDS\2024 WETLANDS FILES\P.ENV0001508 N --- 24 - Coastal Yacht Hangar, CYH LLC 0 250 500 1,000 Boundaries are approximate and not meant to be absolute. ft Map Source: USGS Topographic 7.5 Minute - Carteret County Coastal Yacht Hanger Carteret County, NC Map Date: 3.15.2024 R ENV0001508 DAVEY# Resource Group 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 Fig. 2 Topographic Map L:\WETLANDS\2024 WETLANDS FILES\P.ENV0001508 N --- 24 - Coastal Yacht Hangar, CYH LLC 0 250 500 1,000 Boundaries are approximate and not meant to be absolute. ft Map Source: GIS Soils Data Carteret County Coastal Yacht Hanger Carteret County, NC Map Date: 3.15.2024 R ENV0001508 DAVEY# Resource Group 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 Fig. 4 Soils Map L:\WETLANDS\2024 WETLANDS FILES\P.ENV0001508 N --- 24 - Coastal Yacht Hangar, CYH LLC 0 250 500 1,000 Boundaries are approximate and not meant to be absolute. ft Map Source: 2020 NC OneMap Coastal Yacht Hanger Carteret County, NC Map Date: 3.15.2024 R ENV0001508 DAVEY# Resource Group 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 Fig. 6 Current Aerial 3.0 SITE PLAN DRAWINGS O QU 0..OEF W UWC/2C7QWQ'.�-Uco W a2 nd'0 COc- C30J UUUUUUUi�UUU �I I I I o o= i � 7 1 m � / / I I 1 1 � I I J d Q Z Z U m`, geF J a v�W w NZ z as He13 NouvsN3s E, of wa_ — z� Jo M o I� �i�dll y{ 4 4jlllli { i gel? 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R N 4^m H m ZLU W F u> m uz�x3 -0 W Z Q ao z III d �ijay�iw� w a a�H H w m J xLU ZW�zmoQo 00 x o= c Q-y�coWaWo Q - w Q W ® a a m 'e ze x e `o FFu J jOf lz yHU1J m ^.�j] �� Q W d 'a W inn w a [if LU Q 8, 0 LLI Q O a - - U) Of s w U H OUJ ui p )U-0 z cr a z_ [if Q ¢2�� 3,cr w n, W Z � � On �� v LLJ my N � Q OOW w a a �s - _ - w ' z ' n s W LLJ LU cn LLJ LLJ _ _ _ i.or3-maw aaans _ z n- -wror r_¢x_r _a-o dra s m y S N 5_i N_ O ti 4.0 PREVIOUS & EXISTING PERMITS DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 May 23, 2017 Regulatory Division Action ID No. SAW-2007-02987 and State Permit No. 5-08 The Coastal Yacht Hangar, LLC. Mr. Richard McGough 362 Tyler Drive Clearbrook, Virginia 22624 Dear Mr. McGough: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to renew the work associated with your Department of the Army (DA) permit issued on September 25, 2015, which authorized impacts to waters of the U.S. in association with a private marina, clubhouse, pool, ship store, boat storage, parking area, and docking facility known as Costal Yacht Hangars. Specifically, permanent fill impacts totaling 0.49 acre wetland impacts for the purpose of roadway fill for access and the footprint of the indoor boat storage facility. Additionally, dredging impacts associated with this project total 7.81 acres of shallow bottom habitat (approximately 40,000 cubic yards of material to be removed) for the purpose of constructing a 30-slip marina and access channel located at 1301 Sensation Way, along Core Creek, in Beaufort, Carteret County, North Carolina. Please reference the attached permit issued September 25, 2015 and special conditions, which are still applicable. Your proposal continues to be consistent with the provisions and objectives of general permit No. 19800291 (copy enclosed). The permit is hereby renewed. It is understood that all other conditions of your permit remain applicable. The expiration date of your DA permit is December 31, 2021. If you have any questions or comments you may reach me at telephone (910) 251-4049. Sincerely, L Liz Hair, Project Manager Wilmington Regulatory Field Office -2- Enclosures: GP291 Conditions Previously issued GP2 9 1 /special conditions Copy Furnished (with enclosures): Mr. Charles Cullipher Stroud Engineering, P.A. 151-A Highway 24 Morehead City, North Carolina 28557 Electronic Copy Furnished (without enclosures): NCDEQ/DCM; Mr. Doug Huggett NCDEQ/DCM: Mr. Ryan Davenport NCDEQ/DCM; Mr. Gregg Bodner NCDEQ/DWR; Mr. Robb Mairs NCDEQ/DWR; Ms. Karen Higgins U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2007-02987 County: Carteret U.S.G.S. Quad: NC -CORE CREEK GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Coastal Yacht Hangar Mr. Richard McGough Address: Mr. Gary Johnson, 362 Sir Wer Drive CIearbrook VA 22624 Telephone: f540)-327-6713 Size (acres) 28.8 acres Nearest Town Beaufort Nearest Waterway Core Creek River Basin White Oak River USGS HUC 03020301 Coordinates Latitude: 34.8014936133889 Longitude:-76.6835214200481 Locationdescription: The proposed„ project, site is located along Core Creek, on an approximate 28.8 acre parcel, to the north side of the mouth of Eastman Creek, at 1301 Sensation Weigh road in the Jarrett Bay marine _Industrial _park Lot 9, off of Hj2hway 101 in Carteret Cou#q, Beaufort North Carolina. Description of projects area and activity: This verification authorizes impacts to waters of the U.S. in association with a Private marina. clubhouse and cool, shin store. boat storage. narking area, and docking facility known as Coastal Yacht Hangars to be located along Core Creek. Specifically, permanent fill impacts total 0.49 acre wetland_ impacts for the purpose of roadway fill for access and the footprint of the ;a indoor boat storage facility. Additionally, dredging impacts associated with this project total 7.81 acres of shallow bottom habitat (approximately 40.000 cubic vards of material to be removed) for the purpose of constructing a 31-slip marina and access channel. Applicable Law:. ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: RGP 291 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated August 6; 2015 andAugust26, 2015. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended, or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions ofthe nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subj ect to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. SAW-2007-02987 If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Sarah Hair at 910•-251-4049 or Sarah.E.Hair usace.arm .mil. HAIR.SARAREA.1054 ok'r'� � s o o°�o �• Corps Regulatory Official: 693512 us"�""'"S""""� °""°"_' Date: September 25, 2015 w�ezoFsos.z9iivaxsdaoo• _ 01 Expiration Date of Verification: December 31, 2016 Determination of Jurisdiction - A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our puhlished regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 US § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued January 29, 2015. Action ID: SAW-SAW-2007-02987. Basis For Determination: The site exhibits wetland criteria as outlined in the Corps of Engineers 1987 Wetland Delineation Manual and appropriate Regional Supplement. The site also contains section 10 waters subject to the ebb and flow of the tide. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room l OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A. "It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence." l:. SAW-2007-02987 �i0,11ysNoA MRAKEA.1054693512 HAIR.SARAH.ElEI\D 51 M' MI �5,".- -�D,-PA ` 0u�5A,[�fWRSAMti.Fh.i954693513 Corps Regulatory Official: A.105469351 2 -�5c115A9i9,f Sarah Hair Date of JD: January 29, 2015 Expiration Date of JD: January 29, 2020 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our customer Satisfaction Survey online at hftp://regulatory.tisacesLirvey.com/. Copy furnished w/ enclosures: (GP 291 conditions, 401 certification, CAMA permit, Compensatory mitigation transfer form, plans) Stroud Engineering Chase Cullipher Hestron Plaza Two 151-A Hwy 24 Morehead City, NC, 28557 Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 2763 6-3 726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 303034960 Joanne Steenhuis, NCDENR DWR (e-copy) Todd Horton, USACE Wilmington, Navigation Branch (e-copy) Justin Arnette, USACE-Wilmington, Navigation Branch (e-copy) SAW-2007-02987 SPECIAL CONDITIONS 1. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions Iisted on this form, are hereby incorporated as special conditions of this permit authorization. 2. In order to further protect the endangered West Indian. Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at httpJ/twww.fws.gov/nc-es/mammal/nr anatee�guidelines,pddf, 3. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 4. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 5. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 6. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land - clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 7. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this pr-ojoet�vithin -water-s-or-wetlands;- This --permit doe!, -not authorize temporaryplacement-or- double hand -ling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 8. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be. made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 9. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials..In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 10. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work,.he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 11. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all'conditions, shall be available at the project site during construction and maintenance of this project. 12. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the prof ect must remain in full compliance: with all aspects of the Sedimentation Pollution Control Act of 1973 ,., (North Carolina General Statutes Chapter 113A Article 4). 13. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Znereases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 14. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 15. Violations of these conditions or violations of Section 404 of the CIean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 16. The applicant understands that at no time will the Corps of Engineers, Navigation Branch consider the establishment of a no wake zone in this area due to Core Creek/AZWW being a major commercial traffic route. Action ID Number: SAW-2007-02987 County: Carteret Permittee: Coastal Yacht Han ar Mr. Richard_ McGough/ Mr. Gary Johnson Project Name: Coastal Yacht hangar, LLC State permit 5-08 Date Verification Issued: September 25, 2015 Project Manager: Sarah Hair Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Sarah Hair 69 Darlington Avenue Wilmington, North Carolina 28403 Please note that your permitted activity is subject to a compliance inspection by a. U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revolting the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work anthorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Applicant: Coastal Yacht Hangar File Number: SAW-2007-02987 Date: September 25, 2015 Mr. Richard McGou h/Mr. Gary Johnson Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C . ® APPROVED JURISDICTIONAL DETERMINATION D r-11 PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION'7x The followmgYdenttfies yodrfr;9his xiaizd opfxons regarctmg;an adininrsfratiye appeal afihe abover'decision A�ddtlorlal rnfaimaro3� may b'e found+at or:�►tp l/wuw ttsaG� a�tri xerxl%€Vltsioris/CtuiliTtlks/Re ug itorPoi atnacI�ertti�fs as ` at 33 CFR�Pari 331 A: INITIAL PROFFERED PERMIT:. You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section lI of this form and return the form to the district engineer. Your objections must be received by the distiYct engineer within 60 days of the date of this notice, or you.will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c)not modify thepermit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section lI of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section It of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELEVIINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for finther instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. ,SEGTIONII, ,REQCTE�T,FORApI?EA�on OBJEC'f�d1�IS,�O,AN..TNIfIA1.I'ROF.�EREI� �'EItMZT. ....:.. ....... .... � ��.. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) F ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. JOINT OF_ CONTACTOR OiJESTZONyS OR_IOZtlV1AT> If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Attn: Mr. Jason Steele, Administrative Appeal Review Officer Sarah Hair CESAD-PDO 69 Darlington Avenue U.S. Army Corps of Engineers, South Atlantic Division Wilmington, North Carolina 28403 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: 404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to. - District Engineer, Wilmington Regulatory Division, Attn: Sarah Hair, 69 Darlington Avenue, Wilmington, North Carolina 28403 ForPermit-denials,-Proffered-Permits-and approved furisdictionat Determinations -send this form Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10MI5, Atlanta, Georgia 30303-8801 Phone: (404) 562-51.37 i� Cop U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Coastal Yacht Hangar, LLC Messrs. Richard McGough and Gary Johnson Action ID: SAW-2007-02987 Project Name: Coastal Yacht Hangar/Core Creek County: Carteret Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin:03020106, White Oak-Rogue/Core Sounds Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Rive rine Riparian Non-Riverine Non -Riparian Coastal 0.49 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030001, White Oak -New Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Rive rine Riparian Non-Riverine Non -Riparian Coastal 0.98 Mitigation Site Debited: Bachelor's Delight Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. If the NCEEP acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCEEP), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 12 September, 2014 Permit Class MODIFICATION/MAJOR Permit Number 5-08 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resourdes Commission RECEIVED r erm t P 0 for X Major Development in an Area of EnvironmentalConcern pursuant to NCGS 113A-118 - X Excavation and/or filing pursuant to NCGS It 3-229 Issued to The Coastal Yacht Hangar, LLC., 362 Wer Dr., Clearhook, VA 22624 Authorizing development in Carteret County at adi. to Core Creek, at 1301 Sensation Weigh. Beaufort , as requested in the permittee's application. dated 3/18/15. including the attached wor plan drawin s 11 as referenced in condition No. 1 of this ermit. This permit, issued on , September 14, 2015 is subject to compliance with the application (where consistent with the permit); all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, all development shall be carried out in compliance with the attached list of workplan drawings: 2 dated revised 3/27/15, 2 dated revised 4/8/15, 2 dated revised 6/11/15, 1 dated revised 7/22/15, 2 dated revised 8/6/15, 1 dated revised 8/7/15, and 1 dated revised 9/1/15. Marina 2) Unless specifically altered herein, this permit authorizes only the, docks, piers, wave attenuator, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or, stationary, shall become a permanent part of this expanded marina facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification.. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work musk cease when the permit expires on December 31, 201.8 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. f fW�J Braxton C. Davis, Director { Division. of Coastal Management This permit and its conditions are hereby accepted, Signature of Perrnittee The Coastal Yacht Hangar, LLC. Permit # 5-08 Page 2 of 4 AI1l7MONAL CONDMONS . 3) Prior to occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed, operable, easily accessible, and maintained for the life of the marina. 4) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on -site with a representative of the Division to ensure that the required pumppout facility is in place and operable. 5) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to -the authorized work. 6) The permittee shall maintain- the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 7) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled . to- compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 8) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities, At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 9) This permit authorizes 40 formalized boat slips. 10) The construction and/or operation -of the authorized marina facilities shall not directly result in any permanent closure of waters that are open or conditionally approved for the taking of shellfish. Any such permanent closure, directly attributable to the marina facility. shall require that the permittee undertake rcmedial actions to remedy the situation. Such actions may include, but are not Iimited to, a removal of any unauthorized slips or mitigative measures to reduee or eliminate the cause(s) of the closure. 1 l) The authorized fuel and sewage pumpout area at the end of Dock A shall not be used for permanent or ............. transient -dockage-and- shall --solely be for the immediate use of fueling or sevtirage puirtp out Excavation 12) Unless specifically altered herein, the dimensions of the area to be excavated shall not exceed the area that is expressly and specifically set forth in the attached permit application and workplan drawings, Any proposal to change the area to be excavated shall require permit modification. 13) The temporary placement or doubling handling of excavated materials within waters or wetlands is not authorized. 14) No excavation shall take place outside the area indicated on the attached workplan drawings. Excavation shall not exceed -10.0 feet below the normal low water levOl. In no case shall the depth of excavation. exceed the depth of the connecting waters. The Coastal Yacht Hangar, LLC. Permit # 5-08 Page 3 of 4 ADDITIONAL CONDITIONS Spoil Disposal 15) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 16) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. Upland Deyel,oyment 17) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including but not limited the construction dry stack storage facility, parking area, road, utilities, and infrastructure associated with the development of the above referenced property, all as expressly and specifically -set forth in the attached permit application and workplan drawings. Any additional land.disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796-7215 for this determination. Easement 18) Prior to construction of any new boat slips under this permit, the perrnittee may need to apply for and receive an Easement from- the DepaAment of Administration's State Property Office as required under N.C.G,S. 146-12(e). If required, this Easement shall be obtained, and a copy provided to the Division, prior to construction of the new slips. Erosion & Sedimentation Control Note: A revised Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Division of Energy, Mineral and Land resources (DEMLR), 127 Cardinal Drive Extension, Wilmington, NC 28405. The Coastal Yacht Hangar, LLC, ADDITIONAL CONDITIONS General Permit # 5-08 Page 4 of 4 21) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 22) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.. The guidelines can be found at htLp://www.fws.gov/ne-es/mammal/manatee_guidelines.pdf. 23) No open water areas of vegetated wetlands shall be excavated or filled outside the area indicated in the - attached workplan drawings. 24) All portions of the access pier/walkway and rail system located over Coastal Wetlands shall not exceed a width of 6 ft, and shall be elevated a minimum of 3 feet above the marsh substrate as measured from the bottom of the decking. 23) This Major Modification shall be attached to the original Permit No. 5-08, which was issued on 1/17/08, and copies of both documents shall be readily available on site when Division personnel inspect the project for compliance. All conditions and stipulations of the active permit remain in force under this Major Modification unless specifically altered herein. 24) This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including any authorization required from the DEMLR Stormwater Section. 25) The N.C. Division of Water Resources has authorized the proposed project under General Water Quality Certifica..... No. which was - ------- _... _ of the permit approved by the DWR shall be considered a violation of this CAMA permit. NOTE: Future development of the permittee's property may require a modification of this permit; this includes any scientific monitoring stations. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 1978000291 (COE Action Id. No. S.A.W-2007-02987). MC®EN North Carolina Department of Environment'and Natural Resources Pat McCrory Governor V KE. September 14, 2015 P 15 201 Donald R. van der Vaart Secretary DWR Project # 20071500 V2 Carteret County Coastal Yacht Hanger,'bW-_ a. m-pis - Attn: Richard McGough and Gary Johnson THIS IS -NOT 362 Tyler Drive Clearbrook, VA 22624 A CAMA PERMIT Subject Property: Coastal Yacht Hanger Marina, Beaufort Approval of 401 Water Quality Certification with Additional Conditions Dear Messrs. McGough and Johnson: You have our approval, in accordance with the attached conditions and those listed below to construct a 68 wet.slip marina, an upland 330 dry -slip storage facility with associated amenities and the dredging of an access channel and the construction of a retaining wall as described in the_Division of Coastal Management application dated April 14, and received by the Wilmington Regional Office (WiRO) Division of Water Resources (Division) on April 17, 2015 and subsequent information received via e-mail on June 3, 2015 and August 17, 2015. After reviewing your application, We have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification allows you to use the General Permit No. 198000291 permit when issued by the US Army Carps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or IotaI permits before you go ahead with�your project including (but not limited to) Erosion and Sediment Control, Non -discharge, Water`Supply Watershed, and stormwater regulations. Also, this approval to proceed with your.proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or LAMA Permit. This approval requires you to foil ow the conditions listed in the attached certification and any additional conditions listed on the following pages. 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215k Internet: www.ncdenr,_ An Equal Oppor€unity 1 AfimiaGve AdGdn Employer— Made in pad by recycled paper Coastal Yacht Hanger, LLC Attn: Richard McGough and Gary Johnson DWR Permit # 20071500 V3 September 14, 2015 Page 2 of 6 The Additional Conditions of the Certification are: 1. Impacts Approved Amount Approved (Units) Plan Location or Reference Open waters Permanent Dredging plan dated Dredging 7.8 acres received August 17, 2015 404/401 Wetlands Permanent 1 0.0084 ac Wetland Impact Map Dated 2 0.3506 ac received June 18, 2015 3 .0.0154 ac (attached) 4 0.0100 ac 5 0.0457 ac 6 0.0690 ac TOTAL. 1 0.4991 acre Please note that NO TEMPORARY impacts were proposed. 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may he required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name 115A NCAC 02H .0501 and .0502), 3. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification, The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. 15A NCAC 02H ,0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 4........................ Turl id.it..y_ S. andard.._.._...._._............... .. The turbidity standard of 25 NTUs (Nephelometric turbidity Units) shall not be exceeded as described in 15 A NCAC 2B, .0221. Appropriate sediment and erosion control practices must be used to meet this standard.. Turbidity curtains and berms shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 Coastal Yacht Hanger, LLC Attn: Richard McGaugh and Gary Johnson DWR Permit 4 20071500 V3 September 14, 2015 Page 3 o f 6 5. Primary Nursery Area fPNA) Please understand that some of the waters around your project area have been identified by the Division of Marine Fisheries as Primary Nursery Area (PNA). Should the need for dredging within the proposed project area arise in the future, please be aware that new dredging within a PNA is not allowed under 15A NCAC 0213.0221 and is a degradation of water quality standards and therefore considered a water quality violation. [15A NCAC O2B .0221) 6. The construction of the docking facility may not cause any additional closure of shelifishing waters by Shellfish Sanitation as this would be considered a violation of 15A NCAC O213.2O1(f) and 15A NCAC 02B.O221(1), 7. Work Moratoriums The permitee shall adhere to all appropriate in water work moratoriums as prescribed by the NC Wildlife Resources, NC Division of Marine Fisheries and the National Marine Fisheries Service. 15A NCAC O2H.O5O6 (b)(2) and 15A NCAC 02B ,0221(1) This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for,the life of the project, regardless of the expiration of this Certification. 9. The permitee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of Its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC O2H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)) 10. Continuing Compliance: The applicant/permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act); and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, orthat State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H ,O507(d)] Coastal Yacht Hanger, LLC Attn: Richard McGough and Gary Johnson DWR Permit H 20071500 V3 September 14, 2015 Page 4 of 6 11. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and G5 143 Article 21A]. 12. Fueling, lubrication and general equipment maintenance should not tape place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(0], 13. Any marina project that proposes to dispense or store fuel, must adhere to an EPA approved Spill Prevention Control and Countermeasure (SPCC) plan. 14. The project shall comply with 15A NCAC 02T .0301 and all other State, Federal and local sewer System regulations. [15A NCAC 02T .0301] 15. As-Builts Within 6Q days of completion'of construction, as -built drawings shall be submitted to both the Division of Water Resources, 401 & Buffer Permitting Unit,1617 Mail Service Center, Raleigh NC 27699-1617 and to the Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405, [15A NCAC 02H .0507 (c)] 16. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.A502(e), 17. Certificate of Completion Upon completion of all work approved within the'401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCD.ENR DWR 401 and Buffers Unit ................ ---- . North -Carolina -Division -of Water--Resources;-1617 Mail Service-Center-l-Raleigh NCB-27699 within ten days of project completion, The certification of completion is available at: htt : ortal...ncdenr.or .web w sw ws 401 certsand ermits a 1 forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. Coastal Yacht Hanger, LLC Attn: Richard McGough and Gary Johnson DWR Permit # 20071500 V3 September 1.4, 2015 Page 5 of 6 This Certification can be contested as provided in Articles 3 and 4 of General Statute 15013 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A ,petition form may be obtained from the OAH at http://wWw.ncoah.comf or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission.. Mailing address for the OAH: !f sending via US Postal Service: if sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-628S One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Jennifer Burdette in the Central Office In Raleigh at 919.807.6364 or Jennifer.Burdette@ncdenr.govJoanne Steenhuis in the DWR Wilmington Regional Office at 910.796.7306 orJoanne.Steenhuls@ncdenr.gov. . ' Sincerely, �-�- i gson, Regional Sup rvisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Attachments Enclosure: GC 3900 Coastal Yacht Hanger, LLC Attn: Richard McGough and Gary Johnson DWR Permit # 20071500 Y3 September 14, 2015 Page 6 of 6 cc; Kim Williams — Land management Group, Inc. -electronic copy Chase Cullipher —Stroud Engineering , PA —electronic copy Liz Hair - USACE Wilmington Regulatory Field Office — electronic copy Brad Connell -- DCM Morehead City —electronic copy Jennifer Burdette —Wetlands and Buffer Unit Heather Coats -DCM Wilmington —electronic copy WiRO •:I, ti II I I I I 1 1 1 3 l! I �' � I -�- ! i Ill ij I r j € € 1 ! j _' 1 I' ``•I DI l+ l l l i Sol 1 r 1 7 i 1 r 1-140.9u flS�jfi I I j i I j:af 1 I I F! 9ry 1 I4j 7j1 i t f' l JI 5`:. 1 s-�,- ,� 1 wi �- �' !' � I I� fr i f 7 s I• f !1 lE'll f l r i :l 11 4€ {1 II !f fy 41 ps li Fli r II I il� F I� :,l lif Q l fF i r i i i f r 1 1 = l I'•, i i cr Uj 'r II ij ift;• I f I f �r � i t • 1h �' � 1 I I I' I ! E•' ' l f LLJ 4; ; 1 Ir +i I a[ i, f J• 1 ''i f ,I . 1 f 1 ? a, I li t 1 t-- L1..I !' 61f LJ Q u C Q? Q LIJ Ln II(j I If I(FI!oj F ' 1 rJ1I i'l {'111.sL %1 f1 4 ty i�y15 cl� cre f— Q a C-) rrlt if j'gS1f 'r i Ijf 11 Ill j 1 I 1 ! I 4 j % I II 1 Ir ! ,_..y f j ItI l l ( i • E I I+ I I I l� I I�! j �' I S � 1 I 1 I i'ili,f iiii� I r t J., o i 4 I i i i Rii�.l.� frti#,� � � I � �� 1,•i } is I i fllllrlfrl;l,; i• ', I ,� i ; 11 Illif �'!f%j I i I j I! I f 1IIlF i f 1.1 f I l i �S IJ�.rlJf1, + I'I I Illrli Iz , j z i 1. l Iirii If l!i�l if r r l zF � I f fll rf lilt! 1 e �€ 3 HE s•5 I � Fa D+ N � � � � ,� � e c 021 H ro. J � o m� q acSz O C k I I �a PAT MCCRORY DONALD R. VAN DER VAART O'n ter k Psou ri es August 25, 2016 Coastal Yacht Hanger, LLC Attn: Richard McGough and Gary Johnsen 362 Tyler Drive Clearbrook, VA 22624 Subject Property: CoastaI Yacht Hanger Marina - Beaufort S. JAY ZIMMERMAN Carteret County DWR Project # 07-1.5000 Approval of 401 Water Quality Certification with AAddi,' ct_ ,.I C'.inf."r� crr:. Dear Messrs. McGough and Johnson, You have our approval, in .,ccordance with the attached conditions and thos,c ;;sled it) modify and replace the prcA ious]t approved 401 \' alcr Quall(N C ertificatier) ( 1j l . l k2d c+r1 September 14, 2015) in accordarce to the proposal described in your CAM -A appliCaL,10r1 revel\ ed h� the Division on Junc 24. 2016 with additional information received via _'nlail on July 18. 210 o. 'Hier reti ic%\ i11`. your application. we have decided that the impacts are cw, c, A by Go,eral iVater Qualm ( ertification - uiIiber 3900 (GC 3900). In addition. `ititl s110Uil , �1)-ain or otherwvise comply with and oti-ie:- rc-Iuired i-ederal. state or local permit fiOru N,,ir �--o ahead with your project including (but nil: Iirnited to) Erosion and Sediment Control. lion-dischar`>c, and stormN\liter rc��ul'Lit 1,111S. Also- t11i= approval to proceed with your proposed i1:1pacts or to conduct i11111')r,ct� 10 �11tcrs aNl dcpict;:d it1 your application shall expire upon eNpinition of the 404 Permit. "1 his Certif;cation can also be found on line at: http:// )ortaf . iicdelir.or� weh- \ q s%Nm/ws/401/certsandpermits. This upproval is for the purpose and design that • Stu described in x our application. If you change your prr7}L'ct. you inusi riotlfy us and <,U 1na1 he required to send tl� a net \ applicallo11. If the properi\ is s Id, the new owner mint lac gi\en a copy of this, Ceriiiication and approN al 1citer and is thcreb\ rCtipi)nti.ible for compl•ML, �riih all conditions. if total fills for this project (nmv or in the futur ) c xcee(' one acre of r\etland or 150 line°ar feet of stream, compensatory mitigation may be required in 15A ' CAC 2H .0500 (h). This approval requires you to follow the cor-ditiocs listed L_-_ >_r attached certification and any additional conditions lister) below. The'-k ""Tonal roaditions of the Certification are: Ilia ,1ppi,,,, ; ] is for the pt:1pose and design described in', rMlr :i111111Caticltl. The plans and 1 :II k n:• for this project arc illcoij)orated try. rclerimce as part of the Certification. If you change your project, you must notify the Division and you may be required t >�t ne State of North Carolina I Department of Environmental Quality I Dmsion of Water Resources S"' E P 0 8 2016 i 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 DCM- MHD CITY Coastal Yacht Hangars Z007-1501M Carteret County , Page 2 of 5 application package with the appropriate fcc. Il :h�: ],ropci-[1 l�, yt>li . the 11c 1-, ,)Tyner must a copy of this approval letter and General( c,-J]_Ication find is resllortsiblc for comply.: 3: conditions. Any new owner must notiI_\ t11t 1);\ ision and r:tluest the Ccrli ination bc 11 their name { 15A NCAC 02H .05U I 'Lir1,1 2. This approval is for the xid ill-si Tn dc,�crihed in votir:iprIlcatit)il. I he plan'' and specifications for this project are I] L)li� +I ,[c�; i�` Ic rcni'c a 1� :rt c�i file (: cJtiii�.li]. I1. If �i�u change your ou must I1(111I: 01c I ): Vi.,IOTI L'.MJ oLt ]1]tt1 lac -, CL tU1I-ell h+ SU1,11]Ct 'Li TIC1\ application packs we 111th the lcc. 1; 111C i. w1(11J_ IhC Tlc l t+li ilcl' iT1LI t 1)c _?iven a copy of titi� _tpproval letter o)L: ^. Iel1i"r,k] i erilllciJtic)I1 ,t'li] 1. TC�pi�lls;},lc it+i il71IlI l� lri 11 ]t11 conditions. An, i1Cw 011J-3 Ii,Usi iIt iI!\ 111t Division UI1J I�i{l1c I l!1l° C-�It][l�cltti i"l l ti I■ Elc�] ]il their narne (15A NCAC 0�11 .05U ] aLld 'u- i} ; - Any final construction. ], Li, is for this proiect ni 1 1 nc lade or rL'IcrcllCe the %ip l',l'.iiI'LIII ,'PIJ 1?1. lI approved by the Divisiirn L:lt lcr this -1u0io i,7 tii n letter and certiII at ion. 'l he :ipp1-1c;3ni �' i1 ? A be required to evaluate al Lic�_Iulrc.l per:Il it.s IL ure that the% ,ire con= dent Linn a]1 rt2lat1 c impacts are accc)uniCd 1 kti' : Ilu 11L 1',Il on t11LcI+?':�,trllciion p1;1;1.- ] ;. 1 �t ."it l.i,.l 1 .il�!I .}7'i :3i1i] 15_n NCAC 0-! ? .l i t lf, 1 l Jic .applicant s11,i11 i-egUIR: his cOW1-,It' tort I,ialli IF alCltts) to cO MI)l. with all of the terms ol'this Certification, and shall provide each of its coinractors {and/or aLcni, l a copy of this r °r:i iication. 4. I urh1,111% I -he turbidity standard of 25 NTUs (Nephelometric Turbidi ;.. , it, 1 ..._.'! n, t. he L°xcccded as Jcscribed in 15 A NCAC 2B..0221. Appropriate secli'-1, ::: erosion contra] ac:iccs 1111It`1 }, " u<cd to Iltcct this standard. Turbidity curtains and berms shall be used as a1, T t+i 1 Iti . Ple'J.c rI L xii 1: thus Office if any turbidity issues arise at 910.796.7215 5. 1Drii nary Nursery Area (PNA) Plcasti L:Itderstand that some of the waters around your project area hae e [:, identified by the Db, ision of Marine Fisheries as Primary Nursery Area (PNA). Should, the need for dredging within the proposed project area arise in the future, please be axe pit e that new dredging within a PNA is not allowed under 15A NCAC 02B .0221 and is a degradation of water quality standards and therefore considered a water quality violation. 115A NCAC 02B .0221J 6. The construction of the docking facility may not cause any additional closure of shell fishing waters by Shellfish Sanitation as this would be considered a violation of 15A NCAC 02B.201(f) and 15A NCAC 02B.0221(1). 7. Work Moratoritttlls l lie perminee _,;hall alihcre to all appropriate in water work moratoriums as prescribed b � e N1111� � `tV11Jl1lc Rcsotircc�_ tiC Dl� isio:l o:i' Mar ne Fisheries and the National Marine Fisheri ervir,e`�' �7 15:1 C :1C Of 1.[)50 (b)(2) and 15A NCAC 02B .0221 (1) �1 Coastal Yacht Hangars 2007.7.50M Carteret County Page 3 of 5 8. This General Certification shall expire on illc ti"111i ' dui. i�, ti]c cxi)lr�iii,�ii c of the corresponding General Permit. The conditions In c (feet ,n ih,,- date l i �, �ztlancc of the Certification for a specific project shall remain in effect for the life of tlic project, regardless of the expiration of this Certification. 9. The permit icc shall rc4liIc2 Wl Coll Il1ic•I �111J 01- J`'eT11S to con II'I\ \\t1.11 tlli' tcrml - t?1 lhI� P'I'lII -I In the conslT tkction and maintenance of this 1­kt lcct, and tihall pr,, Idc cLtcli of its ctintr�ii'loi- :iml or agent. l: cl.ltccl with the construction or maintenance of llll> project a copy of 1thl t'e111.1ica1ton.. A col-)�. of thi- certification including all conditions �11;111 lac al -ailable at the �itc during the construclikln and maintenance of this project. [15A NC.AC 02H .0507 (c) and 15A : CAC 021TJ .0506 (b)(2) and (c)(2)] 10. Continuing Compliance: The applicantiperrnittee and their authorized agents shall conduct ,.il l :leaf \ilia in a mariner con;i�icnt with State water quality standards (including and rcquii-cincnts resultinL, i.l"()m C011.1pliance with ;(a. +. cl) of the Clean Water Act). and any other appropriate req i.:i I Aiicnls of State and I-c•cieral law. Iftlle Division determines that such stdr]cl'11"JS or IaNN s ::� i ii%,: h inLz met, includiii , failure to su-twin a designated or achiL•\ (cd Lt�c. � yr lhr3r 'Mate or 1 . icl.:) I": N is being violated; or that funhcr conditions are necctiSarl til thlic, i;le DIN P�1_ 71 may reevaluate and modify this (:general Iv ater Qualli % Certification. [15:1 ',,CAC 02H .0507(d)] 11. All mechanized equipment operated near surface waters or wetl,lnd, v� ill be regularly inspected and maintained to prevent contamination of waters and wetl:l:ld�, fry m Niels. li\dratllic fluids or oth.:r potential toxic chemicals. In the event of i h\ drocarbon or Ch1:TT;ic111 �llill. file permitteelcontractor shall immediately contact the Di'` ision , 'i1 atcr Quality, bctl' cen the hours of 8 am to 5 pm at the Wilmington Regional Office at 911).l; oo. -) 15 aryl of er hourti and on weekends call ($UU) $5$-4368. Management of such spi 11 ` 4hal ] c 0 r]lpl. %\"th pro, i �i c tins of the North Carolina Oil Pollution and Hazardous Substance. Control het. [15.\ V'AC' 0211 .05(i(i (b)(3) and � e)(3), 1.5A NCAC 02B .0200 (3)(0, and GS 143 Article 21A]. 12. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a w'.tierl' oC ]N or tl ctLlndl . ','o Trek cot ck,iii mlMLit-lon 1)% 6 uel JTIJ clip. 11.5A \E _1t- 0211 .0506 (b)(3) 1{ l and (c }j " 1 find I L `I1 . m I11' ar1ll11 1�rt }i'L't that proposes to dispense or store f"ucl. nlutil �lclllcrc to t11 l .l '. 1',()I`rm c'd Spill Prevention E ontrol and Countermeasure (SPCC) plan. 13. The ri, ivtt shall k_ , li,i , w itll I �A \CAC` 02 .0 ',01 4ind all ether State, Federal and local sewer system N('A(' 02f .0301] 14. As -Built Drawings Within 60 days of completion of construction, as -built drawings shall be submitted to both the Division of Water Resources, 401 & Suffer Permitting Unit, 1617 Mail Service Center,5&e$§ 2016 DCM- MHD CIT Coastal Yacht Hangars 2007-1500A Carteret County " Page 4 of 5 NC 27699-1617 and to the Wilmington Regional Office 127 Cardinal Drive Ext. Wilmingtoh, NC 28405. j15A NCAC 02H .0507 (c)] 15. This certification grants permission to the director, an authorized representative of the Director, or DENR staff: upon the presentation of proper credentials, to enter the property during normal business hours 15 A N CAC 02H.0502(e). 16. Certificate of Completion Upon completion o1 111 ll ork a t�pro\ ed within the 401 Water Quill i l • �: ru i i cation or applicable Buffer Rules, and an\ subs ,ijlJent Il-lodiflcatlons, the applicant and +l' Lwtlionzcd is required to return a complci,:J certiiIc-,tI, ofconil,h.°tion form to the NCD1-Nk 1)li R 401 and I 1--nit '.North Carolina [ )ili=:ion o1`Resources, 1617 Mail ��crlice Center, Ralei�'li. : 'O,),) within ten d l:E:, A pI'Oject l llc 01 "ol`•ir'`,'Iion is al:ill:tl 1 at: http:�Ipon: Y n+:Jcr>r.� IG�'w'eb;�l�� `•11;, 11; 4:11 L:rtsandj,ermlt-::llil ll lnrrns. Violations of any condition herein set forth may r ;pll!t in 'Lhis Certification and may result in criminal and/or civil penalties. idle authuri aiton io }ryr,Aceed with your proposed impacts or to conduct impacts to waters as depicted in you: and as authorized by this Certification shall expire upon expiration of the 40.1 tii. C 111.1 i)crmit. LiL, yie:l":.i :il s _tom i::. L.,;nCiLFicns a c binding unless conas. s. Lid. This Certification c:r'1 l�C c[!tlle teit t,. pr+l io'cd In Und 4 of General `~tatute 15013 by filing a wriiiCTI It Ion for an adniinl.�tr,ail,.' 11c:-Uing to :ic (ri ice of Adrnirli.-�tl-,III VC 11carings (OA11). A pciition form uiai lac ol)iaiMcdl ;'t-om the O !l l :Ii 1 i iji' or by calling the OAH C:ic•rk`s 01`[at (919) 4-; 1- t>(11 1Or inf<-,rmation. 1\ ithiii , (60) cal�:iidlar days of receipt of this notice. a petition niU�,t N2 riic:J �N ith the OAK A p�:iitit+n is considered filed when the original and one i 1 copy along ll itli nl ipplicaHe OAH iiliri+, lee i�, rccelved in the (1.1H durin '. nornial ++1i14c 1WLIFS (Honda• tjtrou, }i l rid :l :, tween 8:00 ;;tl cind 00 pm, exc}udin officI it state htr':iJx, <). l lie petiti,�n n-iaN 1-%., i .red tt5 the ()A11 at l �)) 4 1-3100. proN iJCd the. Y'l4''1i31 and oiic �o4 \ of -he pet]t1UI7 al(}I1L' llltli 'tii1i� 217piicable OAH lll:tl ' ie'e iS reccl,\Cd h\ ille (:),\l [ v,i111itt lire Nisiness days folk}11inL the 1« d transmission. Mailing address for the OAH: If sending via US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivei-T service (UPS, FedEx, etc).' Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 EC E I One (1) copy of the petition must also be served to DEQ: S E P 4 8 2016 [ACM- M H a CITE` CaaStal Yacht Hangars 2Qai•15000 Carteret County Page 5 of 5 Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Otticc in Raleigh at 919.807.6364 or Jennifer.Burdette-ctnedeiir.goN or Chad Coburn in the D\ R Wilmington Regional Office at 910.796.7379 or Chad. Coburn'u nedenr.Rov. Sincerely, Jima gson, 11'cEL,10:Mt `-'nl)cr� ikor Water Quality Re�1,,rw1 Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC 3900 cc: Liz Hair - USACE Wilmington Regulatory }Meld Office Chase Cullipher — Stroud Engineering Courtney Spears — DCM Wilmington. Jennifer Burdette — Wetlands and Buffer Unit WiRO RECEIVED sEP a 8 2016 DCM- MHD CITY C� Permit Class RENEWAL Permit Number 5-08 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission eL mtt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to The Coastal Yacht Hanger, LLC, 362 Tyler Drive, Clearbrook, VA 22624 Authorizing development in Carteret County at adj. to Core Creek, 1301 Sensation Weigh Rd., in Beaufort as requested in the permittee's application wed letter dated 12/ 11/23 This permit, issued on December 15, 2023 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) This renewal shall be attached to Permit No. 5-08, which was issued to the permittee on 1/16/08, as well as all subsequent modifications, refinements, and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2007-1500 V3. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No. 2007-02987. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2025 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee 5.0 MITIGATION CREDIT RESERVATION LETTER BACHELORS DELIGHT MITIGATION BANK CREDIT RESERVATION LETTER April 2, 2024 TO: Coastal Yacht Hangar LLC FROM: Bachelors Delight Mitigation Bank c/o Alton Herndon c/o Davey Resource Group 6752 Parker Farm Drive #210 3805 Wrightsville Avenue, Suite 15 Wilmington NC 28405 Wilmington, NC 28403 Project: Coastal Yacht Hangar — Carteret County Dear Alton: Pursuant to a submitted credit request, Bachelors Delight Mitigation Bank (BDMB) is providing confirmation of acceptance to supply riparian wetland credits for impacts associated with the Coastal Yacht Hangar project in Carteret County, North Carolina. This acceptance is conditional upon receipt of payment as outlined below. Please refer to the table below depicting the type and quantity of credits requested and reserved for your project. IMitigation Type [Stream [Non -Riparian Wetland [Riparian Wetland I 7 Credits Reserved F T F 'F_ 0.0 1.0 Fee Per Unit F Fee $740.09 $0.00 $101,624.40 F__$0.00 $101,624.40 $101,624.40 Total Fee $101,624.40 Based upon receipt of the project credit request transmitted on March 28, 2024, BDMB will reserve 1_0 Riparian Wetland Credits for a period of up to 90 days from the date of this letter. Note that requests to reserve credits beyond 90 days will require a deposit. Please contact us if you need a reservation to extend beyond the 90-day period. Upon request for receipt of credit transfer, BDMB will issue an invoice in the amount of $101,624.40. Upon receipt of payment, BDMB will provide an executed Transfer of Credit Certificate. Note that all payments must be made with certified funds. It is the applicant's responsibility to ensure that the credit types and amounts requested are consistent with the compensatory mitigation requirements of the permit(s) issued. BDMB and/or its agents are not responsible for determining the applicant's mitigation requirements. If you have any questions or need additional information, please contact me by phone at (910) 452-0001 or by email at Christian.preziosi@davey.com. Sincerely, Bachelors Delight Mitigation Bank �IIT�G� r d 0 Christian Preziosi Davey Resource Group (Agent) 6.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC Species List EFH Mapper Report EFH and T&E Narrative Roy Cooper, Governor ■■■10 INC DEPARTMENT OF ■■ ■■ NATURAL AND CULTURAL RESOURCES ■ ONE March 22, 2024 Scarlett Henson Davey Resource Group, Inc. 3805 Wrightsville Ave Suite 15 Wilmington, NC 28403 RE: The Coastal Yacht Hangar Dear Scarlett Henson: D. Reid Wilson, Secretary Misty Buchanan Deputy DirectDr, Natural Heritage Program The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact the NCNHP at natural.heritage�dncr.nc.gov. Sincerely, NC Natural Heritage Program DEPARTMENT OF N.A,TUFZAI. ANC) Cui_TURAL RESOUPCES W '1 1 , , I�h:f S hFF?FeT'. can! E' 744 rV'C" �>7rn.i 1�Fl MAlt �,F��,^I F (�PIT���. ��fti!_EIC�H, r�C �1r�'9 (t; Q7 C T,.; ., ]';_r, PAX ','ti ) r ' T '_', 4 / \ r \ \ g / e m 2 s a s 7a e \ \ / / \ \ e � {t \ \ )( ~ ± t ± \ e _ % j j 2 77 « e »®»®\ « e = \ / ƒ 7 7 0 \ } \\ \\ \\ � \ 3ƒ \ s 2 z ` _ \ �z E \ > ©o \ \ j \ / / \ > e / }\ a\ a e / 2 y / U / \ \ \ Z\ \(® �0 \ % E \ / ƒ ƒ ® z « / / ( 3 \ / v / _ \ \ \ / / \ / = u a _ m «« \ / z. ƒ _ p / / w \ e / \ \ \ ) \ E\U m ±\\\\ \ \ 0D- z 7 0 \ / \ 0 \ \ ~ / \ \ U U ( ( \ ` s - e 0 < - \ E c t ( \ \ \_ \_ \ Ln �)/ \\ � a)6 � / a)§ ( 0 a)\ U % Z a a)\ o / n e Z E o 3 ,« § ` _ = e= e y \ \ 4 e e e E CID \ \ d O z z z E 6 z zE »s e 3 — 5 3} \ \/ `/ / \ \ \ J m E — \\ 0>1 t g 2 / O se o± : E m \ \ m \ \ \ ° /e \ k 2 / \\ 2 ( E( \ _ e O m \ -0 / } \ \ /= \ \ \ \ - \ U LE= 2 ~ ~ \^ + \ \ ) / t / U 2 = 9 e : e : J > e u e 2 z = e % / ° \ / \ \ \ \ \ \ / / / / } \ E � e c / / 1 cn _ : 0 / g °/ \ / \ \ e \ / \ \ o ° O \ \ / m o E co /o e e e / 2e30 Z>w x ` = e ± / y = % \ 0 4 m \ g \ \ — 4 4 © / �G \ § t o \ 3 » 3 4 / ? ° ? / G \ ° ° ~ E \ / E / \ \ E \ E \ \ \ \ \ / / : e j/ e c e c± o e m c e e - 3 5 3 0 0 0 o c Z x x e z z \/ § \ c �m N j E � (7 N FF � F� Ea �2 L 1 U O U CD F— N ro LO N z U Z M O M N a Y'ti9:r! h 44'Bk,LtYJft United States Department of the Interior„"' FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office r 3916 Sunset Ridge Rd Raleigh, NC 27607-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2024-0046446 Project Name: Coastal Yacht Hangars Marina February 07, 2024 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered Project code: 2024-0046446 02/07/2024 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: https://www.fws. gov/sites/defaultlfiles/documents/endangered-species-consultation- handbook.pdf Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what- we-do. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation- migratory-birds. 2of14 Project code: 2024-0046446 02/07/2024 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Bald & Golden Eagles • Migratory Birds • Marine Mammals OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office 3916 Sunset Ridge Rd Raleigh, NC 27607-3726 (919) 856-4520 3of14 Project code: 2024-0046446 02/07/2024 PROJECT SUMMARY Project Code: 2024-0046446 Project Name: Coastal Yacht Hangars Marina Project Type: Marina - New Construction Project Description: private marina facility Project Location: The approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/(a)34.80169075,-76!68432427158561,14z Kla< Counties: Carteret County, North Carolina 4of14 Project code: 2024-0046446 02/07/2024 ENDANGERED SPECIES ACT SPECIES There is a total of 14 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis sub flavus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/10515 West Indian Manatee Trichechus manatus There is final critical habitat for this species. Your location does not overlap the critical habitat. This species is also protected by the Marine Mammal Protection Act, and may have additional consultation requirements. Species profile: https://ecos.fws.gov/ecp/species/4469 STATUS Endangered Proposed Endangered Threatened 5of14 Project code: 2024-0046446 02/07/2024 BIRDS NAME STATUS Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/10477 Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6039 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Rufa Red Knot Calidris canutus ru fa Threatened There is proposed critical habitat for this species. Species profile: https://ecos.fws.gov/ecp/species/1864 REPTILES NAME STATUS American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: https://ecos.fws.gov/ecp/species/776 (Threatened) Green Sea Turtle Chelonia mydas Threatened Population: North Atlantic DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered There is proposed critical habitat for this species. Species profile: https://ecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/1493 Loggerhead Sea Turtle Caretta caretta Threatened Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/1110 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 6of14 Project code: 2024-0046446 02/07/2024 FLOWERING PLANTS NAME STATUS Rough -leaved Loosestrife Lysimachia asperulae folio Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2747 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. BALD & GOLDEN EAGLES Bald and golden eagles are protected under the Bald and Golden Eagle Protection Acti and the Migratory Bird Treaty Act2. Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Bald and Golden Eagle Protection Act of 1940. 2. The Migratory Birds Treat. Act of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) There are bald and/or golden eagles in your project area. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. 7of14 Project code: 2024-0046446 02/07/2024 NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non -BCC Vulnerable Additional information can be found using the following links: • Eagle Management https://www.fws.gov/program/eagle-management • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoiding-and-minimizing-incidental-take-migratory-birds 8of14 Project code: 2024-0046446 02/07/2024 • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur- project-action MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. NAME SEASON American Kestrel Falco sparverius paulus Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31 (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9587 Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15 (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9427 Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. https://ecos.fws.gov/ecp/species/9406 9of14 Project code: 2024-0046446 02/07/2024 BREEDING NAME SEASON Lesser Yellowlegs Tringa flavipes Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https://ecos.fws.gov/ecp/species/9679 Painted Bunting Passerina ciris Breeds Apr 25 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Aug 15 (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9511 Pectoral Sandpiper Calidris melanotos Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https://ecos.fws.gov/ecp/species/9561 Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. https://ecos.fws.gov/ecp/species/9513 Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. https://ecos.fws.gov/ecp/species/9439 Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. https://ecos.fws.gov/ecp/species/9398 Short -billed Dowitcher Limnodromus griseus Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https://ecos.fws.gov/ecp/species/9480 Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. https://ecos.fws.gov/ecp/species/9431 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) 10 of 14 Project code: 2024-0046446 02/07/2024 Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Kestrel -- — — BCC -BCR Bald Eagle Non -BCC Vulnerable Brown -headed Nuthatch A —Al --._— — ---- --, � —1-- ---- +' — + — — — - ----'„ BCC -BCR Chimney Swift BCC Rangewide—++— (CON) Lesser Yellowlegs BCC Rangewide (CON) Painted Bunting — . , — BCC -BCR Pectoral Sandpiper BCC Rangewide — . -- — --.-- . . _._ _. . . , — �_ , j _I + — (CON) Prairie Warbler BCC Rangewide—++— (CON) Prothonotary Warbler BCC Rangewide (CON) 11of14 Project code: 2024-0046446 02/07/2024 Red-headed Woodpecker BCC Rangewide (CON) Short -billed Dowitcher BCC Rangewide (CON) Wood Thrush —++— BCC Rangewide (CON) Additional information can be found using the following links: • Eagle Management https://www.fws.gov/program/eagle-management • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoiding-and-minimizing-incidental-take-mi rator. • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/suDDlemental-information-mip-ratorv-birds-and-bald-and-p-olden-eap-les-mav-occur- project-action MARINE MAMMALS Marine mammals are protected under the Marine Mammal Protection Act. Some are also protected under the Endangered Species Act! and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The responsibilities for the protection, conservation, and management of marine mammals are shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears, manatees, and dugongs] and NOAA Fisheries3 [responsible for seals, sea lions, whales, dolphins, and porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not shown on this list; for additional information on those species please visit the Marine Mammals page of the NOAA Fisheries website. The Marine Mammal Protection Act prohibits the take of marine mammals and further coordination may be necessary for project evaluation. Please contact the U.S. Fish and Wildlife Service Field Office shown. 1. The Endangered Species Act (ESA) of 1973. 2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a treaty to ensure that international trade in plants and animals does not threaten their survival in the wild. 12 of 14 Project code: 2024-0046446 02/07/2024 3. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. NAME West Indian Manatee Trichechus manatus Species profile: https://ecos.fws.gov/ecp/species/4469 13 of 14 Project code: 2024-0046446 02/07/2024 IPAC USER CONTACT INFORMATION Agency: Army Corps of Engineers Name: sarah hair Address: 69 Darlington Avenue City: Wilmington State: NC Zip: 28403 Email sarah.e.hair@usace.army.mil Phone: 9105124456 14 of 14 2/13/24, 2:47 PM EFH Report EFH Data Notice EFH Mapper Report Essential Fish Habitat (EFH) is defined by textual descriptions contained in the fishery management plans developed by the regional fishery management councils. In most cases mapping data can not fully represent the complexity of the habitats that make up EFH. This report should be used for general interest queries only and should not be interpreted as a definitive evaluation of EFH at this location. A location -specific evaluation of EFH for any official purposes must be performed by a regional expert. Please refer to the following links for the appropriate regional resources. Southeast Regional Office Atlantic Highly Migratory Species Management Division Query Results Degrees, Minutes, Seconds: Latitude = 34° 48' 7" N, Longitude = 77' 18' 51" W Decimal Degrees: Latitude = 34.802, Longitude =-76.686 The query location intersects with spatial data representing EFH and/or HAPCs for the following species/management units. EFH Data Lifestage(s) Management Link Caveats Species/Management Unit Found at Council FMP Location Atlantic Mackerel, Atlantic Butterfish Adult Mid -Atlantic Squid,& Butterfish Amendment 11 Bluefish Adult, Juvenile Mid -Atlantic Bluefish Amendment 2 to the qO Clearnose Skate Juvenile New England Northeast Skate Complex FMP Shrimp (4 Species) Brown shrimp(Penaeus aztecus) White shrimp (Penaeus ALL South Atlantic Amendment 8 to the FMP setiferus) for the Shrimp Fishery Pink shrimp(Penaeus duorarum) Royal red shrimp (fleoticus robustus) Snapper Grouper ALL South Atlantic Amendment 19 to the FMP Summer Flounder Adult, Juvenile, Mid -Atlantic for Snapper Grouper Summer Flounder, Scup, Larvae Black Sea Bass https://www.habitat.noaa.gov/apps/efhmapper/efhreport/ 1 /2 2/13/24, 2:47 PM EFH Report Link DataCaveats Species/Management Unit & I - Windowpane Flounder Lifestage(s) Management Found at Council FMP Location Amendment 14 to the Juvenile New England Northeast Multispecies i IMP Pacific Salmon EFH No Pacific Salmon Essential Fish Habitat (EFH) were identified at the report location. Atlantic Salmon No Atlantic Salmon were identified at the report location. HAPCs Link Data Caveats HAPC Name Management Council zi Coastal Inlets South Atlantic Fishery Management Council Summer Flounder SAV Mid -Atlantic Fishery Management Council EFH Areas Protected from Fishing No EFH Areas Protected from Fishing (EFHA) were identified at the report location. Spatial data does not currently exist for all the managed species in this area. The following is a list of species or management units for which there is no spatial data. "For links to all EFH text descriptions see the complete data inventory: open data inventory --> South Atlantic Sargassum EFH, Sargassum, South Atlantic HAPCs, Coastal Migratory Pelagics, Golden Crab, Sargassum, Secretarial EFH, Bigeye Sand Tiger Shark, Bigeye Sixgill Shark, Caribbean Sharpnose Shark, Galapagos Shark, Narrowtooth Shark, Sevengill Shark, Sixgill Shark, Smooth Hammerhead Shark, Smalltail Shark https://www.habitat.noaa.gov/apps/efhmapper/efhreport/ 2/2 Essential Fish Habitat and Threatened & Endangered Species Narrative for Coastal Yacht Hangar Carteret County, NC Action ID: SAW-2007-02987 DWR Project # 2007-1500 INTRODUCTION Coastal Yacht Hangar, LLC previously obtained a CAMA Major Permit, USACE General Permit 198000291, and 401 Water Quality Certification for the Coastal Yacht Hangar project, a boat storage and docking facility located at 1303 Sensation Weigh in Beaufort, NC, Carteret County. The purpose of the project is to provide the Beaufort community with safe navigation and access to Core Creek. The CAMA Major Permit was recently renewed and we now request renewal of the USACE and NCDWR permits. The previous permits authorized 0.49 acre of wetland impacts for the purpose of roadway fill for access and the footprint of the indoor boat storage facility. Additionally, dredging impacts associated with this permit total 7.81 acres (approximately 40,000 cy of material to be removed) for the purpose of constructing a 30-slip docking facility and access channel along Core Creek. There are no changes to the previously permitted upland plans, docking facilities and dredging. WATER CLASSIFICATIONS & ESSENTIAL FISH HABITAT The site is bound by Core Creek to the west, Eastman Creek to the south, and an unnamed tributary of Eastman Creek to the east. Water depths within the project area range from -1 to -11 feet NLW. The project area is not designated as a Primary Nursery Area (PNA), however Eastman Creek is classified as a PNA and borders the property on the southern and eastern sides. No submerged aquatic vegetation or shellfish beds were observed within the project area. The State of North Carolina classifies Core Creek and Eastman Creek as SA, High Quality Waters. Because of this designation, it is a Habitat Area of Particular Concern (HAPC) under the South Atlantic Fishery Management Council's fishery management plans for shrimp and the snappers/grouper complex. The project area also provides EFH foriuvenile and adult Bluefish as well as Summer Flounder, which are managed by the Mid -Atlantic Fishery Management Council (MAFMC). Other species of commercial or recreational importance found in the project area include Red Drum, Atlantic Croaker, Spot, Atlantic Menhaden, Bay Anchovy, Striped Mullet, Weakfish, and Blue Crab. A number of these species serve as prey for fish that are managed by the SAFMC (e.g., King Mackerel, Spanish Mackerel, and Cobia) or for highly migratory fish managed by the NMFS (e.g., billfishes and sharks). Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 EFH AVOIDANCE & MINIMIZATION MEASURES During a previous permitting review in 2015, the applicant revised their plan to address National Marine Fisheries Service (NMFS) comments. They removed a southernmost dock near Eastman Creek, which avoids the PNA, reduces the dredging footprint by 1.34 acres, and decreases the number of wet slips by nine. To additionally minimize dredge impacts, the proposed dredging in the basin was shifted westward away from the shallowest of the shallow bottom habitat and coastal wetlands. This further reduces the dredge footprint by approximately 1.9 acres for a total reduction of 3.24 acres. Because of these design changes, NMFS did not have any EFH conservation recommendations for the project during the last permit review. WATER- DEPENDENT THREATENED & ENDANGERED SPECIES According to the NOAA ESA Section 7 Mapper, shallow bottom habitat surrounding the site provides suitable habitat for several water -dependent federally listed species. See below for additional information. Atlantic Sturgeon (Acipenser oxyrinchus oxyrinchus) Juveniles; Overwintering / Migrating and Foraging Atlantic South Tidally -Influenced Inshore; ESA Status: Endangered The Atlantic sturgeon is an anadromous fish species whose range extends from Maine to Florida. Adults spawn in freshwater in the spring and early summer and then migrate into estuarine and marine waters where they spend most of their lives. They spawn in moderately flowing water (46-76 cm/s) in deep parts of large rivers. Juveniles usually reside in estuarine waters for months to years. Subadults and adults live in coastal waters and estuaries when not spawning, generally in shallow (10-50 m depth) nearshore areas dominated by gravel and sand substrates. These sections of Core Creek and Eastman Creek may provide suitable habitat for non -spawning individuals. However, the waterbodies are not classified as critical habitat for the species and are not designated as Anadromous Fish Spawning Areas. Giant Manta Ray (Mobula birostris) YOY/Adults/Juveniles Migrating & Foraging/Adults Mating Inshore Atlantic South; ESA Status: Threatened The giant manta ray is a slow -growing, migratory animal with small, highly fragmented populations that are sparsely distributed across the world. Individuals may be found feeding in shallow waters at depths less than 10 meters. However, they are capable of diving to depths exceeding 1,000 meters. The giant manta ray is found worldwide in tropical, subtropical, and temperate bodies of water and is commonly found offshore, in oceanic waters, and in productive 2 coastal areas. The species has also been observed in estuarine waters, oceanic inlets, and within bays and intercoastal waterways. Can Tw lac Green Sea Turtle (Chelonia mydas) Neritic Juveniles & Adults Migrating & Foraging Atlantic South Tidally -Influenced Inshore; ESA Status: Threatened Kemp's Ridley Sea Turtle (Lepidochelys kempii) Adults and Neritic Juveniles Migrating & Foraging Atlantic South Tidally -Influenced Inshore; ESA Status: Endangered Loggerhead Sea Turtle (Caretta caretta) Adults and Neritic Juveniles Migrating & Foraging Atlantic South Tidally -Influenced Inshore; ESA Status: Threatened Green, Kemp's Ridley, and loggerhead sea turtles migrate and forage in oceans, sounds, and/or estuaries in this region. The site is located approximately two miles up Core Creek and any sea turtles present in waters adjacent to the site would be infrequent migrants. West Indian Manatee (Trichechus manatus) ESA Status: Threatened The West Indian manatee is an aquatic mammal that is an occasional summer resident off the North Carolina coast. The species can be found in shallow (5 feet to usually less than 20 feet), slow -moving rivers, estuaries, saltwater bays, canals, and coastal areas. The open water areas adjacent to the site have the potential to provide suitable habitat. The contractor performing the in -water work will follow USFWS Guidelines for Avoiding Impacts to the West Indian Manatee. ESA AVOIDANCE & MINIMIZATION MEASURES AND POTENTIAL IMPACTS Open water sections of the site provide suitable habitat for the Atlantic sturgeon, several sea turtle species, giant manta ray, and the West Indian manatee. In -water work will consist of the construction of boat slips within Core Creek and dredging approximately 7.81 acres of shallow bottom habitat. A mechanical dredge will be used (bucket and barge) for the dredging activities. It is expected that any protected species that may be in the area during the construction activities will be able to swim away from the activity as needed. Additionally, the contractor performing the in -water work will follow 3 USFWS Guidelines for Avoiding Impacts to the West Indian Manatee. Sediment may temporarily be suspended within the water column during the dredging but is expected to settle relatively quickly. Upland site development will be constructed to follow BMPs and minimize sediment leaving the site. Silt fencing will be installed along all wetlands not proposed for disturbance and along the limits of disturbance. Because of the mobility of these species and construction methods proposed, it is DRG's opinion that the project will have no effect on these species. In