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HomeMy WebLinkAbout20170546 Ver 1_CAMA Application_20170501Coastal Management ENVIRONMENTAL QUALITY April 26, 2017 201 70546 TO: Karen Higgins 401 & Buffer Permitting Unit DWR/Water Quality Permitting ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director OWED "] FmAY f 2017 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(aD-ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: NC DEQ Division of Marine Fisheries Project Location: adjacent to Carolina Beach State Park, off Dow Road, at 1010 State Park Drive, in Carolina Beach, within the Cape Fear River Proposed Project: to construct an artificial oyster reef for habitat and recreation enhancement Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by May 20, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANTS NAME: North Carolina Department of Environmental Quality Division of Marine Fisheries Project Name: Artificial Reef Site AR -491, Cape Fear River 2. LOCATION OF PROJECT SITE: Located adjacent to Carolina Beach State Park, off Dow Road, at 1010 State Park Drive, Carolina Beach, New Hanover County, within the Cape Fear River. Photo Index - 2006: 14-6646, E,12-13 Lat: 34002'51.28"N Long: 77°55'15.40"W 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/25/2017 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 4/13/17 (Complete) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan —Town of Carolina Beach Land Classification From LUP — Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - Municipal Planned - N/A (F) Type of Structures: Existing — Public Marina, bulkhead, boat -ramp, public park with parking areas & associated structures. Planned - One artificial reef site (G) Estimated Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands 11 (B) Non -Vegetated Wetlands -Open Water 1 1 43,560 sq. ft. Other — High ground (D) Total Area Disturbed: 43,560 sq. ft. (1 acre) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant is proposing to construct an artificial oyster reef in the Cape Fear River adjacent to Carolina Beach State Park shoreline for habitat and recreation enhancement. North Carolina Department of Environmental Quality Division of Marine Fisheries Page Two 9. PROJECT DESCRIPTION The project is located adjacent to Carolina Beach State Park (CBSP), in Carolina Beach, on Dow Road, off US Highway 421, in southern New Hanover County. The property is situated along the southern shoreline of the Cape Fear River, near it's confluence with Snow's Cut. The park consists of approximately 700 acres of wooded uplands, and includes facilities for camping, nature trails, and educational programs. To locate the project site from the Wilmington Regional Office (WiRO), travel from Wilmington towards Carolina Beach on Carolina Beach Road (NC Hwy 421) for approximately 12 miles south. Continue over Snows Cut Bridge for approximately 0.2 miles south until you reach Dow Road. Tum right onto Dow Road and tum right onto State Park Road, which will be the entrance to the CBSP. Continue to travel west approximately 1 mile until you reach the public marina and parking area. Follow trail along shoreline from SW corner of parking area to living shoreline signs. The public marina includes 40 wet slips, two boat ramps, a large parking area, and a marina/park office building. In 1987, State Permit # 95-87 was issued to expand the original boat basin, construct docks for 32 additional slips, and conduct maintenance dredging within the existing basin and access channel. In 1996, CAMA General Permit #16003- D was issued to clear a small shoaled area from the access channel. Subsequently, in 1999, the DCM issued State Permit #127-99 for maintenance dredging within the access channel and boat basin. State Permit # 165-08 was issued to replace the public marina docking facility and boat -ramp, maintenance excavation and upgrade the parking area. State Permit # 165-08 expired on July 3, 2015. State Permit #50-15 was issued to construct a bagged oyster shell and marl marsh sill and is due to expire on December 31, 2018. The project site is adjacent to the northwestern end of the park at the location of a designated hiking trail and beach area in the Cape Fear River. The project site is approximately 100' west of the bagged oyster shell sill constructed in 2015 and 500' from the nearest navigation channel. The bottom type of the Cape Fear River in the project site is a mix of sand and mud, with no presence of SAV or shell resource. There are multiple areas where coastal wetlands exist along the shoreline, which consists primarily of Smooth Cordgrass (Spartina altemiflora), intermixed with Salt Grass (Distichtis spicata), Sea Lavender (Limoium caroi'inanum), Black Needlerush (Juncus roemerianus) and Salt Meadow Hay (Spartina patens) in an area ranging from approximately 30' to 80' in width. Upland vegetation along the project area consists of hard wood trees and shrubs primarily Live Oak (Quercus virginiana), Wax Myrtle (Myrica cerfera), and Red Cedar (Juniperus virginiana). The waters of this area of the Cape Fear River are classified SC, by the N.C. Division of Water Resources. The area is not designated as a Primary Nursery Area, by the N.C. Division of Marine Fisheries, and these waters are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant is proposing to construct an artificial oyster reef in the Cape Fear River adjacent to Carolina Beach State Park shoreline for habitat and recreation enhancement. The application states the proposed artificial reef site would be located waterward of the marsh in an area measuring approximately 5.07 acres in area including a 25' buffer from any proposed reef siting (see Figure 4). The total site area would be marked with Artificial Reef signage in accordance with USCG regulations on the four comers of the proposed site (see Figure 4 for GPS coordinates). The application also states the proposed area for immediate reef construction would be approximately 1 acre located at the northernmost end of the proposed overall site (see Figure 8). The bottom type across the proposed site is a mix of sand and mud (see Figure 3). The reef would be constructed of approximately 3,500 tons of Spec #4 crushed concrete with an average diameter of 2", to a maximum height of approximately 12" in water depths of -1.0' @ normal low water. The V6 - 1.k reef would be constructed from a barge using a high-pressure fire hose that would spray the crushed concrete off the vessel to distribute the concrete into the water and onto the river bottom in an irregular distribution (see Figure 6). The North Carolina Department of Environmental Quality Division of Marine Fisheries Page Three application states that after construction to site will be scanned using side -scan sonar, digitize, and added to the Interactive Reef Guide available on the NC DMF Artificial Reef Program webpage. 10. ANTICIPATED IMPACTS: The proposed artificial reef would result in the fill of approximately 43,560 sq. ft. of shallow bottom located in the Estuarine Waters and Public Trust Areas of Environmental Concern (AECs). As proposed, the overall site may eventually impact 220,525 sq. ft. (5.07 acres) if the reef is completely built out within the proposed boundaries. The proposed reef would be located waterward approximately 100' from NHW. Submitted by: Courtney Spears Date: April 26, 2017 Office: Wilmington SCM MF4 1. Primary Applicant Landowner Information Business Name N/A Business Name Project Name (if applicable) Agent/ Contractor 1: First Name Ncdeq /North Carolina Division Of Marine Fisheries AR -491 Agent/ Contractor 2: First Name MI Applicant 1: First Name MI Last Name PO Box city The Division of Marine Fisheres ZIP Phone No. 1 - - ext. Applicant 2: First Name MI Last Name Street Address (if different from above) If additional applicants, please attach an additional page(s) with names listed. City State Mailing Address PO Box City State North Carolina Division of Marine Fisheries 769 Morehead City NC ZIP Country Phone No. FAX No. 28557 USA 252-808-8063 ext. 252-726-9218 Street Address (if different from above) City State ZIP 3441 Arendell St. Morehead City I NC 28557 - Email jason.peters@ncdenr.gov 2. AgentContractor Information Business Name N/A Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box city State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email RECEIVED <Form continues on back> DCM WILMINGTON, NC Form DCM MP -1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. 0 New Hanover N/A N/A Subdivision Name city State Zip N/A N/A NC N/A - Phone No. Lot No. (s) (mf many, attach additional page with list) WA - - ext. N/A. I , , a. In which NC river basln Is the project located? b. Name of body of water nearest to proposed project Cape Fear River Basin Cape Fear River c. Is the water body Identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city Amit the proposed ❑Yes ®No work falls with. N/A 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) n/a n/a c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 5.07 acres = 220,525 sq ft. NWL (normal water leveo (ff many lot sizes, please attach additional page with a list) -Vat MLW; -V at MHW ®NHW or ❑NWL e. Vegetation on tract n/a f. Man-made features and uses now on tract none g. Identify and describe the existing land uses adiaceM to the proposed project site. The surrounding waters are public trust waters and are used for multiple recreational and commercial purposes (e.g., fishing, transportation). The closest land is Carolina Beach State Park, which is approx. 100 ft. east of the proposed reef location. To the west and northwest of the proposed reef site (500 ft), is a maintained channel, that goes into Snows Cut (Reference Figure 1 in narrative). h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? N/A (Attach zoning compliance certificate, if applicable) []Yes []No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? OYes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ®NA If yes, by whom? WA I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No (:INA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON, NC 252-808-2808 .. 11-888-4RCOAST .. www.nccoastalinanagement.net Form DCM MP -1 (Page 3 of 5) 0 APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? Oyes ®No (n) Are there coastal wetlands on the site? OYes ®No 011) If yes to either () or (10 above, has a delineation been conducted? []Yes ®No (Apach documentaWn, ff available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. N/A p. Describe existing storm water management or treatment systems. WA 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ®PubliGGovemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The NCDMF Artificial Reef Program is shifting focus to estuarine artificial reefs that provide accessibility to the everyday kayak, stand-up paddleboard, or recreational fishemten. Additionally, we took to provide accessible estuarine habitat for recreationally and commercially important ffnfish species. The NCDMF proposes to deploy crushed concrete in a approximetiy 5 -acre site, named AR -491. The hard -bottom habitat provided by the crushed concrete material will provide essential fish habitat for juvenile and adult life stages of finfish, crustaceans, invertebrates, and oysters. Anticipated activities at this reef site include recreational fishing. This site will be aecessable from both shore fishermen that wade near the reef, and by boat. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Construction will occur at AR -491 under this permit. A 25 ft. perimeter buffer of no construction was established to protect against material and boundary violations over time. Due to this, construction activities will only occur within the construction zone (Reference Figure 2 in project narrative). The proposed crushed concrete material will be deployed with the same methodology to the cuftch planting process. The NC DMF will follow protocol that has been in place for 5+ years, in the Cultch Planting Program, and material height will not exceed 12 inches off bottom. At this time and under this permit application, we plan to enhance approximately 1.0 acres (43,560 sq. ft.) of the proposed reef site. Therefore 1.0 acres (43,580 sq. ft.) of the river bottom is expected to be impacted. The deployment methodology consists of a high pressure fire hose, which will pump surrounding water through the high pressure hose, and sprays material off the vessel to distribute the concrete material into the water and onto the river bottom. The captain, first mate, and the individual operating the firehose will work together to ensure the maximum height of 12 inches is not exceeded, and that material is spread across the —1.0 acres. It is TBD whether a marine contractor or NCDMF staff will conduct all deployments on site. Either way, DMF artificial reef personnel will be on site during all deployments to mark locations, monitor activities, and ensure permit compliance. AU equipment will be transported by contractor or DMF staff to the site for deployment on a barge. d. List all development activities you propose. We propose to construct a small estuarine artificial reef (5.07 acres) in the Cape Fear River, off Carolina Beach State Park. Under this permit application we are proposing to permit a 5 -acre site, while only devloping 1.0 acres using crushed concrete materials. The crushed concrete follows state guidelines, as well as the National Artificial Reef Plan guidelines, for acceptable reef materials (See attachment 1 in project narrative for a full review of NC State specific acceptable materials). Also, please see the project narrative for additional and detailed deployment Information. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What Is the approximate total disturbed land area resulting from the proposed project? Disturbed river bottom: —1.0 acres ((43, 560 sq. ft) RECEI ®Sq.Ft or®Acres GCM WILMI 252-806-2808 .: 1-888-4RA;0A8'r :. www.liccoastaiiiiatingement.net /ED GTON, NC Form DCM MP -1 (Page 4 of 5) APPLICATION for Major Development Permit r i g. Will the proposed project encroach on any public easement, public accessway or other area []Yes NNo ❑NA that the public has established use of? A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. h. Describe location and type of existing and proposed discharges to waters of the state. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management N/A Name Carolina Beach State Park Phone No. 910-458-8206 Address 1010 State Park Rd, Carolina Beach State Park, NC 28428 Name N/A Phone No Address i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ❑No NNA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No NNA j. Is there any mitigation proposed? ❑Yes NNo ❑NA If yes, attach a mitigation proposal. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) <Form continues on back> 6. Additional Information In addition to this completed application form, (MP -1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (9 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. 7, Certification and Permission to Enter on land I understand that any permit issued in response to this application will allow only the development describe The project will be subject to the conditions and restrictions contained in the permit. IN TON, NC 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management Name Carolina Beach State Park Phone No. 910-458-8206 Address 1010 State Park Rd, Carolina Beach State Park, NC 28428 Name N/A Phone No Address Name N/A Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A N/A N/A N/A h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7, Certification and Permission to Enter on land I understand that any permit issued in response to this application will allow only the development describe The project will be subject to the conditions and restrictions contained in the permit. IN TON, NC 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net f=orm DCM MP -1 (Page 5 of 5) APPLICATION for Major Development Permit I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and folkor-up monitoring of the project. I further certify that the Information provided in this application is truthful to the best of my knowledge. Date 04/13/17, Print Name Amy Comer Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP -2 Excavation and Fill Information []DCM MP -5 Bridges and Culverts []DCM MP -3 Upland Development QDCM MP -4 Structures Information RECEIVED DCM WILMINGTON, NC A 7.52-808-2808 .. 1-888-4RCOAST :: www.neconstalmanagemont.not Form DCM MP -2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL In b. Type of material to be excavated. cubic yards. c. () Does the area to be excavated Include coastal wetiands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW []SAV OSB ❑WL ❑None (11) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 12. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable I a. Location of disposal area. b. Dimensions of disposal area. c. (1) Do you claim title to disposal area? []Yes []No [INA (e) If no, attach a letter granting permission from the owner. e. (1) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shah bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV []SB OWL []None pi) Describe the purpose of disposal in these areas: d. (1) Will a disposal area be available for future maintenance? ❑Yes []No [INA (H) If yes, where? f. (1) Does the disposal include any area in the water? ❑Yes []No [INA (Q) If yes, how much water area is affected? RECEIVED DCM WILMINGTON, NC 252-UOU-2800 :: 1-1388-4RCOA3Y :: www.nccoastalaianugamo_.nt.net rovised:12/26/06 Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length 728' Width 300' Avg. Existing NA NA A ff miw, Depth -5.0' mhw Final Project NA NA 0' mlw Depth 1 -4.0' mhw 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL In b. Type of material to be excavated. cubic yards. c. () Does the area to be excavated Include coastal wetiands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW []SAV OSB ❑WL ❑None (11) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 12. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable I a. Location of disposal area. b. Dimensions of disposal area. c. (1) Do you claim title to disposal area? []Yes []No [INA (e) If no, attach a letter granting permission from the owner. e. (1) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shah bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV []SB OWL []None pi) Describe the purpose of disposal in these areas: d. (1) Will a disposal area be available for future maintenance? ❑Yes []No [INA (H) If yes, where? f. (1) Does the disposal include any area in the water? ❑Yes []No [INA (Q) If yes, how much water area is affected? RECEIVED DCM WILMINGTON, NC 252-UOU-2800 :: 1-1388-4RCOA3Y :: www.nccoastalaianugamo_.nt.net rovised:12/26/06 kl0rivt 14l;M M11-2 (E)ccavation and Fill, Fuge 2 of 3) 3. SHORELINrE STABILIZATION ®This section not applicable (if development is a wood groin, use MP -4 — Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Rtprap ❑Breakwater/Sill ❑Other: Width; c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: 9. Number of square feet of fill to be placed below water teal. Bulkhead backfill Riprap Breakwater/Sill Other I. Source of fill material. f. (t) Has there been shoreline erosion during preceding 12 months? []Yes []No [INA (ti) if yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. fit Will All material be brought to the site? ®Yes [:]No [INA b. (1) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water 3.500 tons of crushed concrete (111) Dimensions of fill area Fill area will compose approximetly 1.0 acres 91 The proposed 5.0 acre site. The fill area is planned for the northern reach of the proposed site (See Flaure 7 8IIn Proiect Narrative) Material profile = max 1.0' Qv) Purpose of fill The goal of North Carolina's artificial reef program Is to develop, maintain, evaluate and administer a successful system of artificial reefs for the purposes of enhancing marine fisheries habitat and public fishing opportunitiesAn accessible (from boat and from shore or wading) artificial reef ate would enhance fishing opportunities while also serving as hard bottom habitat for oysters and finfish species. This would be the states first reach accessable artificial reef and will serve the recreational fishing community in New Hanover County, NC. 5. GENERAL a. How will excavated or fill I material be kept on site and erosion b. controlled? Concrete of this size has successfully been utilized on several artiflical reefs/oyster sanctuaries, most recently Including Raccoon island (Permit 140-09). Concrete weighs approximetly 2.5 times water. Using crushed concrete is common to artificial reef construction, tion, and have proved to be durable and stable In the marine and estuarine environment. submerged aquatic vegetation t,-Av/, snerr conom ties/, or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV OSS []WL ®None (ii) Describe the purpose of the fill in these areas: N/A What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Artificial Reef materials will be brought on este using a vessel. The vessel will be equipped with a high pressure fire hose. The fire hose will pump surrounding water and spray material off the vessel to distribute the crushed concrete into the water. The material than sinks straight down and settles on the bottom. The firehose protocol has been in place for 5+ years, and is used In the cuitch planting process. All protocoIVED followed. DCM WILMINGTON, NC 252-800-2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement,net revised: 12/26/06 Foriii UC,;M Mfg -2 (Excavation and Fill, Page 3 of 3) c. (i) Will navigational aids be required as a result of the project? ®Yes ❑No ❑NA (ii) If yes, explain what type and how they will be implemented. NCDMF will mark the four comers of the proposed reef site with appropriate artificial reef signage. 04/13/17 Date AR -491 Project Name Amy Comer Appli nt Name Applicant Sign ure d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No [INA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. N/A RECEIVED DCM WILMINGTON, NC 2..62-303-2808 :: i -6118-431C{ AST :: wWW. nc-c_oastalInana e111ie+1.t.lie t eovised: 12/28/06 -7kl- Marine Fisheries ENVIRONMENTAL QUALITY MEMORANDUM TO: Division of Coastal Management, CAMA THROUGH: Jason Peters (Artificial Reef Coordinator) Division of Marine Fisheries, NCDEQ FROM: Amy Comer Flowers (Artificial Reef Biologist) Division of Marine Fisheries, NCDEQ DATE: April 13, 2017 ROY COOPER 6ow MICHAEL S. REGAN Sec rete, BRAXTON C. DAVIS oiret for SUBJECT: New Artificial Reef Proposal, Site AR -491, Cape Fear River, NC Background Information The North Carolina Division of Marine Fisheries (NC DMF) Artificial Reef Program has been formally operating since the 1970's, and has a total of 63 permitted artificial reefs and oyster sanctuaries within the state of North Carolina. Twenty-one (21) of these sites are in the states estuaries, while 42 are in ocean waters. In 2016, the NC DMF released an artificial reef guide which outlines each of the artificial reefs and oyster sanctuaries. This document provides material information, latitude longitude information, and a figure of the material on the reef site. A pdf version of the hardcopy reef guide can be found at: http://portal.ncdenr.org/c/document library/get file?uuid=24160156-4b9649e6-9126- 4fa488b49cbb&groupId=38337. The NC DMF Artificial Reef Program has also developed an interactive reef guide, set up in an ArcGIS format is available here: https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=3b27e8594cb6444c88b5525b f763aa55. The interactive guide is complete with material shapefiles, latitude/longitude information, side -scan sonar imagery, and much more. This is available for review by the public, state, and federal agencies. At this time, the NC DMF artificial reef program is looking to increase recreational user access and to increase the amount of small estuarine artificial reefs in the state of North Carolina. Therefore, the NC DMF Artificial Reef Program proposes to construct a new artificial reef within the Cape Fear River, NC. Construction for this project is funded by USFWS Sportfish Restoration Program. The NC DMF Artificial Reef Program guidelines follow the National Artificial Reef Plan, and in some cases may be more stringent than the National Artificial Reef Plan. For every new artificial reef, the Artificial Reef Program follows written guidelines for site selection. These guidelines are prepared in consideration of physical and biological requirements for RECEIVED State of North Carolina I Division of Marine Fisheries DCM WILMINGTON, NC 3441 Arendell Street P.O. Box 769 Morehead City, North Carolina 28557 252726-7021 APR 1.8 2011 artificial reefs, reef accessibility, and avoidance of areas involved in commercial trawl operations. In further consideration of bio -physical requirements, the site selection protocol incorporates best management practices based on bottom sediment type, tidal current intensity, sedimentation likelihood, and the avoidance of existing natural resources, such as shell or seagrass. It should also be noted that all materials, siting, and deployment strategies are tailored to minimize impacts to protected resources such as Sturgeon and sea turtles. During site investigations, potential bottom habitat is surveyed to evaluate the suitability for the project goals. Data from these site investigations are used to determine the proposed reef boundaries. Stakeholders This is a joint reef project, including both the NC DMF, the North Carolina Coastal Federation (NCCF), and Carolina Beach State Park. The NCCF is working with partners to design, implement, and monitor restoration projects in response to and to mitigate the release of hazardous substances into the watershed at the Kerr-McGee Chemical Corporation Superfund Site in Navassa, NC. These projects include benthic and estuarine habitat restoration along with estuarine tidal marsh restoration. In consultation with Carolina Beach State Park, NC DMF and NCCF have agreed to pursue reef and enhancements in an area adjacent to, and accessible by park land. Site Selection The NCCF hired Geodynamics to conduct bathymetry surveys in the Cape Fear River near the Carolina State Park, in order to help identify the proper area/region for an artificial reef. Monitoring by NCCF indicates a high level of oyster spat recruitment to the area. Historical navigation charts also indicate extensive oyster reefs in the lower Cape Fear River. In July 2015, the NC DMF conducted bottom surveys within the same survey area as geodynamics. This region was selected for site exploration based on several factors including the potential for oyster larval connectivity to the rest of the Cape Fear River and proximity to Carolina Beach State Park. Furthermore, the shallow water depths surrounding Carolina Beach State Park are popular with recreational anglers. An accessible and nearshore artificial reef would enhance fishing opportunities while also serving as hard bottom habitat for oysters and finfish species. The proposed area does not infringe on historically popular commercial fishing or trawling grounds, nor does it conflict with any established riparian access corridors. To our knowledge, the area of interest is not within any defined critical habitat areas for protected species. Proposed Site Concluding the intensive site selection investigation, staff identified a reef site to be named AR -491, centered at 34° 02.850'N, 77° 55.330' W (Figure 1). The eastern edge of the delineated site is located about 150 feet west of Carolina Beach State Park and approximately 110 feet west of the North Carolina Coastal Federation living shoreline. The proposed site is approximately 500 feet from the nearest USCG maintained channel (Figure 1). While NC DMF conducted surveys of the bottom habitat (sediment probe), no vessel traffic was observed outside of the main channel, or near this area. Therefore, we believe this site is amply sited to avoid navigational issues. The proposed site boundaries were chosen for several reasons. First, NCCF has completed a living shoreline project in cooperation with Carolina Beach State Park. The location of the proposed AR -491 is in close proximity to this living shoreline and will serve as the benthic State of North Carolina i Divi%ion of Marine I Nheries 1441 Arendell Street 11.0 Box 764 Morehead City, Noi Th Qirohna 28957 21,2 72(, 7021 habitat -restoration portion of the project. Second, an artificial reef in this location will reduce wave energy impacting the living shoreline. Third, given the somewhat shallow depths associated at this site, it will give recreational anglers the opportunity to wade near the reef site giving them ample fishing opportunities, while serving as hard bottom habitat for oysters and finfish species. The proposed AR -491 will be the first shore -accessible reef that the state plans to build. Inside the AR -491 proposed boundaries, depth is approximately one foot at mean low water (MLW) (Figure 2), and approximately 5 feet at MHW (not pictured). The site has a mean tide range of 4.17 feet. The sediment composition within the proposed boundaries is predominately hard sand and mud, with a minimal amount of other bottom types (Figure 3). Surveys revealed no existing shell resource or SAV resource within the proposed boundary. The artificial reef program feels the bottom habitat is suitable for material placement, for successful artificial reef and oyster habitat. Materials The NC DMF applies experiential knowledge and best management practices to avoid propagating reef species which are invasive or detrimental to local estuarine ecosystems. For reef construction, NC DMF intends to use only biologically suitable materials that are approved for reef building. NC DMF has drafted a document that describes, in detail, the acceptable construction materials that are used in the state of North Carolina. All materials follow the National Artificial Reef Plan, but in many cases, has more stringent requirements, as the NC DMF document brings experimental knowledge for the successfulness of Artificial Reefs in North Carolina Waters. This document can be found in the Guidelines and Specifications for Acceptable Artificial Reef Materials, 2017 3rd Edition (Attachment 1). As standard practice, all materials utilized on the states artificial reefs shall minimize impacts to the environmental quality, and must be free of hydrocarbon, contaminants, and toxins, as required by the United States Army Corps of Engineers (USACE), the Environmental Protection Agency (EPA), the United States Coast Guard (USCG), and other agencies involved in permitting of artificial reefs. All trash, wood, lines, and floating debris must also be removed from materials. For this project, construction material will consist of approximately 3,500 tons of Spec #4 crushed concrete, which has an average diameter of 2 inches. This material has been used successfully in NC DMF Artificial Reef and Oyster Sanctuary projects for many years, and we feel it will serve as successful habitat for fish and oysters on AR -491. The material is free of toxins, exposed rebar, or other protruding steel components. Spatial Design of Reef As proposed, the site has a permitted area is 5.07 acres (220,525 sq. ft.) (Figure 4, total delineated area inside of the "Proposed Site Boundaries" polygon). Although the entire 5.07 acres will be permitted, NC DMF has instituted a common practice of employing an `area of no construction' or `buffer' area. This buffer allows for material micro -movements over time due to wave or storm action, while still remaining within the permitted boundaries. For AR -491, we proposed a 25 ft. buffer. The total area available for enhancements on this permitted site will be 3.93 acres (Figure 4, total delineated area inside of the "25 ft. Construction Buffer" polygon). We plan to enhance approximately 1.0 acres (43,560 sq. ft.) of the river bottom within the proposed boundaries, at this time. By siting an area larger than the current planned enhancement, there will still be space in the delineated reef boundary for future enhancements. State of North Carolina ; Division of Marine Fisheries 3441 Arendell Street P.O 8ox 76y Morehead City, North Carolina 28557 252 726 7021 Starting with a smaller footprint will allow for stability and durability monitoring ofthis reef over time, and will allow for continued evidence -based enhancements on this reef site. When the program is ready for future enhancements, another permit application will be submitted. Because the construction method employed for this reef site will consist of the crushed concrete material being washed off a barge (see Reef Construction/ Material Deployments Section), schematics are approximated (Figures 5, 6). However, piles of material (crushed concrete) will not exceed 12 inches tall (Figure 5) and will be spread throughout the northern portion of the site to cover approximately 1.0 acres (43,560 sq. ft.) of the river bottom (Figure 7, 8). With the described material spatial design and the site depth, this reef will likely be intertidal during MLW (Figure 5), with little exposed material. During MHW, the site depth will be no greater than 4.0 feet. Reef Construction/ Material Deployments NC DMF coordinates all reef deployments, using either marine contractors or State - maintained vessels and staff. In either instance, NC DMF staff remain on site during all deployments to ensure enhancements remain (1) within permitted boundaries and (2) compliant with navigational clearance requirements. It has not been decided whether deployments of material will be conducted by a capable marine contractor chosen by the NC DMF or by staff. Either way, detailed schematics and design plans will be strictly adhered to. The desired deployment location within the reef site is always determined prior to deployment, with precise GPS coordinates. To guide deployments, NCDMF will mark the reef with visible references above the waterline (e.g. high-flyers), that will be checked with a mapping grade GPS. As deployments occur, NC DMF staff will periodically halt deployments in order to check the vertical profile of deployed materials throughout the project. GIS, GPS, sounding poles, and high frequency sonar will be used to monitor reef development for permit compliance. A secondary NC DMF vessel uninvolved in the deployments, will remain on site during all deployments to ensure enhancements remain within permitted boundaries. Deployments of Spec #4 crushed concrete to the proposed reef site should take no more than 2-5 deployment days to complete. The crushed concrete material will be deployed with similar methodology to the NC DMF cultch planting process. The NC DMF will follow protocol that has been established and in place for 5+ years, in the Cultch Planting Program, where material height will not exceed 12 inches off bottom. Regardless of who deploys material (a marine contractor or the NC DMF staff), a high pressure fire hose will be used, which pumps surrounding water through the high pressure hose, and sprays material off the vessel to distribute the cultch material, or in this case, the concrete, into the water and onto the river bottom. The captain, first mate, and the individual operating the firehose will work together to ensure the maximum height of 12 inches is not exceeded, and that material is spread across —1.0 acres. Reef Marking NC DMF plans to mark the four boundary corners (Figure 4 table) of the proposed reef site with appropriate Artificial Reef signage in accordance with USCG regulations. The appropriate signage will have ample reflectors to make recreational users aware of the site in low light or bad weather conditions. This reef site will also be marked on NOAA charts. The interactive reef guide available on the NC DMF website, will be updated to supply precise locations of material and information about each deployment within the site. State of Not Carolina I DIO ton of Marine fisheries 3441 Arendell Street P.Q. fiox it,v Morehead City. Not th Carolina 28557 252 72t, 7021 Reef A&nitoring Once materials are settled on the river bottom, if depth allows the site will be scanned using side -scan sonar technology. All material will then be digitized in ArcGIS to reveal total area of the bottom impacted. These layers will be added to the Interactive Reef Guide available on the NC DMF Artificial Reef Program webpage (see link in Background Information paragraph). With every new deployment and/or every few years, the reef program will re-scan sites to assess the materials on site. This will reveal information about material movement and possibly information about stability and durability. Finally, once the permit for this reef is approved, site information will be added and a unique identifier will be given to it, to be coded into the Marine Recreational Information Program (MRIP) surveys through NOAA. This will allow for recreational tracking and monitoring of site use, over time. Protected or Endangered Species (Atlantic Sturgeon, Shortnose Sturgeon, Turtles) Avoidance Measures: I . NC DMF will ensure all vessel operators and crews maintain a vigilant watch for Atlantic Sturgeon, Shortnose Sturgeon, and sea turtles, by maneuvering, slowing down, or stopping their vessel to avoid striking protected species. 2. During deployments, NC DMF will monitor the surrounding waters for protected species. If a protected species is spotted, all operations will be halted. 3. Deployments will not be conducted at any time when lighting or weather conditions (e.g., darkness, rain, fog, sea state) prevents visual monitoring of the surrounding waters. 4. Shut down procedures: Deployment activities will cease immediately if a sea turtle, Atlantic Sturgeon or Shortnose Sturgeon is sighted in the surrounding waters. Deployment activities will not recommence until it is ensured that all protected species are out of the surrounding waters. 5. NC DMF will ensure to follow the "Sea Turtle and Smalltooth Sawfish Construction Conditions" provided by NOAA (Attachment 2). Reporting Requirements: 1. NC DMF staff is trained to report all documented and suspected endangered species (Sea Turtles, Atlantic Sturgeon, Shortnose Sturgeon) injuries or mortalities to staff immediately, and will assist in carcass salvage if requested. Incident reports will be completed and submitted to the National Marine Fisheries Service Southeast Regional Office, within 24 hours. Atlantic Sturgeon Atlantic Sturgeon (Acipenser oxyrinchus oxyrinchus) originating from the New York Bight, Chesapeake Bay, South Atlantic, and Carolina DPSs are listed as endangered, while the Gulf of Maine DPS is listed as threatened. The marine range of all five DPSs extends along the Atlantic coast from Canada to Cape Canaveral, Florida. Based on the best available information, Atlantic Sturgeon originating from any of five DPSs could occur in the Cape Fear River; however, it is likely that the majority of Atlantic Sturgeon in the area would be from the Carolina DPS. Atlantic Sturgeon spawn in their natal rivers, with spawning migrations generally occurring during April -May in Mid -Atlantic systems (Murawski and Pacheco 1977; Smith 1985; State of North Carolina I Division of Marine Fisheries 3441 Arendell Street P.O. Box 7b() Morehead City, North Carolina 28557 252 726 7021 Bain 1997; Smith and Clugston 1997; Caron et al. 2002). The distribution of Atlantic Sturgeon is strongly associated with prey availability, and Atlantic Sturgeon may occur where suitable forage and appropriate habitat conditions (e.g., soft substrate) are present. Suitable Atlantic Sturgeon forage comprises polycheates, isopods, amphipods, aggregations of mollusks and crustaceans (Johnson et al. 1997). The proposed artificial reef (AR -491) lies in an area consistent with conditions (i.e. large tidal river, accessible to the marine environment, with connectivity to spawning, foraging and overwintering grounds) that support the presence of adult and sub -adult Atlantic Sturgeon. Early life stages (eggs and larvae) and juveniles will not be present in any portion of the reef site, as they are intolerant of the higher salinity levels characteristic of the Cape Fear River. Spawning is not supported in this area, for the same reason. Therefore, use of this area will be limited to adult and sub -adult Atlantic Sturgeon as they migrate between spawning, suitable foraging and overwintering grounds. In 2014, a NC DMF study reviewed Atlantic Sturgeon movements in the Cape Fear River. It was found that Atlantic Sturgeon prefer the reach between rkm 30 and rkm 60, which is —10 rkm north of the proposed artificial reef site. The telemetry results suggest Atlantic Sturgeon do not reside near the proposed study site, but instead migrate through this reach. It's also likely that they utilized the deeper water depths, especially those associated with the shipping channel. The proposed site is located in shallow water, which means they may avoid the proposed site, based on the shallow depths, and instead utilize the main shipping channel which is 5,000 feet west of the proposed reef site. Because of these finding, we feel that the likelihood of interactions with Atlantic Sturgeon on the proposed reef site is extremely low. For more detailed information regarding Atlantic Sturgeon movement in the Cape Fear River, see Attachment 3. Shortnose Sturgeon Shortnose Sturgeon are a large, long lived, benthic fish species that mainly occupy the deep channel sections of large rivers, but will forage where food is accessible. They feed on a variety of benthic and epibenthic invertebrates including mollusks, crustaceans (e.g., amphipods, chironomids, isopods), and oligochaete worms in soft -sediment habitat (Dadswell 1979 in NMFS 1998). Today, 19 populations of Shortnose Sturgeon range from the St. Johns River, Florida, to the Saint John River in New Brunswick, Canada. Generally, Shortnose Sturgeon occur in the deepest parts of rivers or estuaries where suitable dissolved oxygen and salinity values are present (Gilbert 1989). Deep water habitat is also where Shortnose Sturgeon are likely to forage and utilize as thermal refugia from the higher water temperatures that occur seasonally at the surface and in shallower habitat. The reach of the Cape Fear River where we proposed AR -491, is consistent with conditions (i.e. proximity to large tidal river, connectivity to spawning sites, nearby foraging and overwintering grounds) that support the presence of adult Shortnose Sturgeon. Early life stages (eggs and larvae) and juveniles will not be present in any portion of the action area, as they are intolerant of the higher salinity levels, characteristic of the Cape Fear River. Spawning is not located in the region near the proposed reef site. Therefore, use of this region will be limited to adult Shortnose Sturgeon as they migrate between spawning, suitable foraging, and overwintering grounds. However, the likelihood of them utilizing this region is low, as they do not prefer the shallow depths or bottom habitat associated with the proposed reef site. Effects State of North Carolina I Divivon of Marine f i�heries 3.141 Arendell Street P.O Box 764 Morehead Gtp. North Carolina 2855'-,' 252 721, 7021 Direct Ympact ftom Artificial Reef Material During Deployment. The deployment of artificial reef materials has the potential to directly affect listed species via direct impact. However, the risk of deployment of artificial material making direct contact with a listed species is extremely unlikely due to: the species' mobility and ability to sense activity in the water column and the inspection and monitoring measures we will take (e.g., conducting a visual scan of the site before deployment of reef materials) to ensure listed species are not in the area prior to and at the time of deployment. Therefore, we believe that any direct impacts of material on listed species are extremely unlikely. Habitat Modifications The proposed AR -491 site is not known to be prime foraging or migratory area for ESA - listed sea turtles; however, areas containing soft substrate may be used by several invertebrate species that Sturgeon prey upon. If listed species occur in the area to feed opportunistically or are transiting through the area, they may temporarily avoid the area due to construction activities. If present, listed species would be expected to return to the area after the cessation of activities. The placement of artificial reef materials on the river bottom may affect benthic organisms. Artificial reef habitat provides hiding places for organisms, as well as attachment sites for algae and invertebrates. Benthic organisms living in the areas may be buried by the addition of artificial reef materials. Although listed species may opportunistically forage in the area, as mentioned above, the reef sites are not known to be prime areas for foraging, and constitute only a small fraction of the available habitat for foraging in the surrounding area. Based on this information, impacts on the foraging behavior of ESA -listed Sturgeon and sea turtles will be undetectable; therefore, we believe effects to be insignificant. State of North Carolina I Division of Marine F isheries 3441 Arendell Street P.O Box 76q Morehead City, North Carolina 28557 252 72tr 7021 AR -491 Site Location 0500 1.000 Feet 0 Propowd Comer Powft NCCF bving Shoreline I 1 1 1 I p�sedSde 13mmianes Proposed Sde Figure 1. AR -491 proposed location, near Carolina Beach State Park. The proposed site boundary (in green) is approximately 500 feet from the nearest navigation channel. Insets provide context to the specific location proposed. Figure date: February 2, 2017. State of North Carolina I Division of Marine Fisheries 1441 Arendeli Street P.O. Box 769 Morehead City, North Carolina 28557 252"726-7021 3. ♦ L' . f. t' i:i.. Figure 1. AR -491 proposed location, near Carolina Beach State Park. The proposed site boundary (in green) is approximately 500 feet from the nearest navigation channel. Insets provide context to the specific location proposed. Figure date: February 2, 2017. State of North Carolina I Division of Marine Fisheries 1441 Arendeli Street P.O. Box 769 Morehead City, North Carolina 28557 252"726-7021 AR -491 Site Depth at MLW 0 Proposed Corner Points Depth MLW N Q 0 180 360 Feet Proposed Site Boundaries Value Al t i i l i i l 25 ft. Construction BufferShallow NCCF Living Shoreline ■ Deep Figure 2. Bathymetry of the proposed AR -491 at MLW. At the site, depth is approximately 1 foot at MLW, and 5 feet at MHW (not shown here). Figure date: February 17, 2017. State of North Carolina I Division of Marine Fisheries 3441 Arendell Street 1 P.O. Box 769 ! Morehead City, North Carolina 28557 252-726-7021 AR -491 Bottom Type 0 150 300 Feet 1 1 1 1 1 1 1 1 1 Proposed Site Boundaries NCCF Living Shoreline - Proposed Site Bottom Type Hard Sand a Shell/ Mud • Hard Sand/ Mud ® Soft Sand • Mud/ Soft Mud Figure 3. Bottom type analysis of the proposed AR -491. Survey indicated most bottom in the proposed area is hard sand or hard sand/mud. No shell or SAV resource was found during the survey. Figure date: February 2, 2017. State of North Carolina ! Division of Marine Fisheries 3441 Arendell Street P.O. Box 769 Morehead City, North Carolina 28557 252-726-7021 AR -491 Corners Site BouWaries a Proposed Comer Points 0 25 ft- conskudion suffer N0GF bving Shoreline Proposed Site Corner Latitude Longitude NW 340 02.910" N 77° 55.360' W NE 34' 02.910' N 77° 55.300' W SE 34° 02.79(Y N 77° 55.300' W SW 34' 02.790' N 77° 55.360' W .vat) t, r �- '�� i � t.aoa Figure 4. Location and corner point coordinates for the proposed AR -491, including the 25 ft. buffer of no reef construction. Figure date: February 2, 2017. Stare of North Carolina I Division of Marine fisheries 3441 Arendell Street P.O. Box 769 1 Morehead City, North Carolina 28557 252-726-7021 Substrate Figure 5. Cross-section/ side -view of the crushed concrete deployments on AR -491. Note the height will not exceed 12 inches. Figure date: February 17, 2017. State of North Carolina I Division of Marine Fisheries 3441 Arendell Street % P.O. Box 7be I Morehead City, North Carolina 28557 252-TLb-7021 7 ' y� � t FIL Nip lk AMp, 3 ,„.. �►,.: '"`" ,'moi\int -4j pr ►.41 sa �—► 25 ft. Buffer of No Construction a 3' o Figure 7. Top down view schematic of material on site. Figure date: February 17, 2017. State of North Carolina Division of Marine Fisheries 3441 Arendeil Street ti P.O. Box 704 Morehead City, North Carolina 28557 252 720 7021 AR -491 N 0 Proposed Comer Points Depth MLW AQ Proposed Site Boundaries Value Schematic of OShallow 25 ft. Construction Buffer ■ Material 0 180 360 Feet NCCF Living Shoreline Deep I t t t I r t t I Figure 8. Site schematic showing proposed material deployment location. Figure date: February 17, 2017. State of North Carolina I Division of Marine Fisheries 3441 Arendell Street ! P.O. Box 76q i Morehead City. North Carolina 28557 252-726-7021 Attachment 1. Guidelines and Specifications for Acceptable Artificial Reef Materials (3rd Edition, 2017) ROY COOPER fc- firwrtnrn MICHAEL S. REGAN 1--1 n Marine Fisheries BRAXTON C. DAVIS ENVIRONMENTAL OUAL— (Arw hN e' 1'1 17 W roti ✓}el, a '1 r.e X 19, LF I 'Y.. Artificial reef materials are selected on four primary considerations: Function, compatibility, durability, and stability. Materials used must meet their intended function, by supporting diverse and abundant biological communities. Selected materials must also be compatible with the aquatic environment in which they are placed. This means they must not pose environmental risks. Also, unstable materials, or those prone to movement, and non -durable, or easily degraded, materials must be precluded from use. The North Carolina Division of Marine Fisheries Artificial Reef Program has produced a comprehensive list of accepted materials for use in partner projects. These materials were chosen based on the above criteria, using guidance from internal program studies, The ASMFC/GSMFC Guidelines for Marine Artificial Reef Materials (Second Ed., 2004), The Environmental Protection Agency's (EPA) National Guidance: Best Management Practices (BMPs) for Preparing Vessels Intended to Create Artificial Reefs, and the NOAA/NMFS National Artificial Reef Plan. Acczy9d Materials: Concrete. Any hard, strong building material made by mixing a cementing material (commonly Portland cement) and a mineral aggregate with sufficient water to cause material to set and bind. Types include (but are not limited to) oval and round pipe, box culverts, risers, catch - basins, knock -out boxes, bridge rubble and bridge spans, manholes, slabs, pilings, crushed concrete, and pre -designed structures such as Reef Balls or other units. All concrete must be fully cured to ensure environmental compatibility. Required Specifications: Ocean - I. Unacceptable types in the ocean: slabs, small pilings, crushed concrete, small designed structures • Size -concrete pipe must be no less than 4 feet in length and no less than 36 Inches in inside diameter, unless such smaller pieces are "nested" inside large diameter pieces • Composition - units must be no more than 25% degraded or missing. All concrete must be fully cured before deployment • Design - pre -designed structures must meet approval of Artificial Reef Staff for function, compatibility, durability, and stability Estuary - _'"'Nothing Compares -- Sta[c ld Nnnh Carolina Uivisioo of Marine richer ors 1411 Avndrll'A,_t L YO. Bo, ;cv Lbrrltrad Cit}. North Cs L.lina 2hS"J 1;2 72n i021 Stare of North Carolina 1 Divi%ion of Marine li,henes 3441 Arendell Street P.O Box iby Morehead Coto, North Carolina 28557 252 72t, 7021 Size - concrete pipe must be no smaller than 12 inches in inside diameter and not exceed 30 inches in Inside diameter. Any concrete structure must not exceed 8 feet in length, width, or height. Crushed concrete must be: 8" maximum diameter, 6" average diameter, 4" minimum diameter, 10% maximum oversize, 5% maximum undersize. In some Instances of shallow water development, 24" diameter crushed concrete is acceptable. • Composition -units must be no more than 25% degraded or missing. AB concrete must be fully cured before deployment • Design - pre -designed structures must meet approval of Artificial Reef Staff for function, compatibility, durability, and stability Vezd&- Vessels are a commonly used artificial reef material. These may be composed of ferro-cement or steel, though steel vessels are most common and preferred. Thorough preparation and cleaning is required before these materials may be used as reefs (EPA BMPs). Required Specifications: Ocean - • Size -vessels must be no smaller than 100 feet in length unless paired with a second 100 foot or greater vessel • Clearance - vessels are subject to clearance requirements and in many cases, must be shortened in height to comply with permits. This may involve expensive removal of vessel superstructure • Cleaning and preparation - vessels are subject to US Coast Guard and/or EPA inspection to satisfy BMPs, including removals of wood, floatables, loose materials, and deleterious substances. • Stability - all air must be allowed to escape during sinking • Durability - vessel selection is ultimately at the discretion of the Artificial Reef Coordinator, to satisfy expectations of durability Estuary - • Vessels are not accepted in estuarine waters Natural Materials. Natural materials have been used by most coastal states to replenish various types of habitat with a particular focus on shell bottom. Natural materials include different approved mineral rocks such as calcium carbonate shells, limestone marl, granite, and basalt. Required Specifications: Ocean - • Natural materials are not widely used in the ocean, given their size and susceptibility to sediment burial Estuary - • Size - o Limestone Marl (NCDOT Class B Spec.): 12" maximum diameter, 8" average diameter, 5" minimum diameter, 10% maximum oversize, 5% maximum undersize. In some instances of shallow water development, NCDOT Spec #4 limestone marl is acceptable. %"''Nothing Compares.-,.. Statenf Nnrth Carolina Oivivkmof Marine Fisheries 1441ArendNl Street P.0.11 M7eQ Morehead Cey.Nwth Cmolitw28`51 252726 7021 State of North Carolina I Division of Marine f isheries 3441 Arendeli Street P.O. Box 76q Morehead Citv, North Carolina 28557 252 726 7021 o Granite and Basalt: 8" maldmum diameter, 6" average diameter, 4" minimum diameter, 10% maximum oversize, 5% maximum undersize o Location- Limestone is not acceptable for use in high salinity environments, given high susceptibility to bio -eroding organisms. Notes on all materials: 1) All materials must be cleaned and prepared in accordance with United States Corps of Engineers General (Regional) Permits (#GP196500194 or #GP19000291), any applicable NC Division of Coastal Management permits, and conform to site-specific navigational clearance requirements established by the U nfted States Coast Guard and NOAA Office of Coast Survey. 2) Planned arrangements for acquisition, cleaning, preparation,dockage/staging, towing, and sinking/deployment must be described In proposals. Dockage. towing. and deployment will require proofofatleast f1,000,000 marine liability insurance. 3) Additional guidance on material specifications and contracting requirements is provided in the following documents: a Technical SpedJications forArtffidal ReefConstrudlon Using Vessels: PublkaW FundedProjecor b. Technical SpedjimdonsjorArd lefal ReefConstrucdon Using Vessels. Privately FundedProjectr C. Technical SpedJkations forArtificial Reef or Oyster Sanctuary Construction using Natural Matedalr. PdNatefy Funded Projects d. Technical Spedffcations forArtlficial Reefor Oyster Sanctuary Construction using Natural Materials PublimRy Funded Projects e. Technical SpedffcationsforArt fidal Reef Construction Using Concrete: PublfcaW Funded Projects E Technical SpedJlcations forArtiffdal Reef Caostivctdon Using Concrete: Privately Funded Projects '! Nothing Compares Sf rte of A3orth C"""' O ...wn of Marine f "h" 34 At �\rcndISh-, RC1 &,�in4 M—I—d Ce, North C. -h- 2MW L'Q i2b'1011 State of North Caroline ! Divisinfl of Marine f ishmes 3441 Arendeli Street P.O. Box 764 Morehead Citv, North Carolina 2857 252 72b 1021 Attacllement 2: Sea Turtle and Smalltooth Sawfish Construction Conditions document. p �-# t1TTED STATES DEPART111—\T OF CONnEERC'E Y �+- \ational Oceanic and Atmospheric Administration �� NATIONAL MARINE FTSE ERiES SERVICE Southeast Regional Office 263 13th Avenue South St. Petersburg, FL 33701 SEA TURTLE? -\D SMALLTOOTH SA-WhSH CO\STRUC"TION COQ -DMO'\ -S The permittee shall comply with the following protected species construction conditions= a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish All construction personnel are responsible for observing cater -related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for homing. harassing, or killing sea turtles or smalltooth sawfish which are protected urndet the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled. be properly secu" and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service s Protected Resources Division, St. Petersburg, Florida. d. All vessels associated with the construction project shall operate at `no wake idle I speeds at all times while in the construction area and while in water depths where the draft of dte tiessd prides less than a four -foot clearance from the bottom. All vessels will prefiffentially fcdlc w deep -water routes (e.g . marked chaoneIs) whenever possible. e. If a sea turtle or smalkooth sawfish is seen within 100 yards of the active daily constructim`dredging operation or vessel movement, all apprcpnAe precautions shall be implemented to ensure its protection_ These precautions shall include cessation of operation of any swim* equipment closer than 50 feet of a sea turtle or smalhooth sawfish_ Operation of any mechamcal construction equipment shall cease immediately if a sea turtle or smalbooth sawfish is sem within a 50 -ft radius of the equipment. Actr ities may not resume until the protected species has departed the project anal of its own volition. f_ Any collision with and/or injury to a sea turtle or smalhoolh sawfish shall be reported immediately to the National Marine Fisheries Services Protected Resources Division (727-924- 5312) 727-8245312) and the local arthorined sea turtle strandingirescue organization E Any special construction conditions. required of your specific project. outside these general condition& if applicable, will be addressed in the primary conm*ation Revised: March 23, 2006 0,1f rms'Sea Turtle and Smalltooth Sawfish Construction Cmditions.doc State of North Carolina 1 Division of Marine Flsheries 3441 Arendell Street I P.O. Box 76q ; Morehead City, North Carolina 28557 252-726-7021 Attachment 3: Information regarding Atlantic Sturgeon in the vicinity of the proposed reef site AR -491. ROY COOPER 1C. G.- MICHAEL S. REGAN smrm.r Manne Fisheries 6RAXTON C. DAVIS faV+GDy,tYtl11 W.H +1. LtiKV Jason uP.etters NC, 1Mf Artificial Reef Coordinator Deu Mr. Peters: Below is the information you requested regarding Atlantic sturgeon, Ac•ilwnser o.rtrinchrts ur3rinclrrrs, in the Cape Fear River_ An acoustic telemetry study int the movemettis of sturgeon in the Roanoke and Crape Fear Rivers was completed by NCDMF in 2014 as part of a larger federal grant (Post el. al. 2014). During Ibis study, a total of 129 Atlantic Sturgeon were captured with 75 individuals receiving acoustic tags in the Cape Fear basin. The movements of these fish wcrc monk rcd by a passive acoustic recciver array (32 fixed stations), which spanned 335 river kilometers. "1 he greatest detection density of Atlantic sturgeon occurred between river kiloincten (rkm) 30 and 60. Sub -adult Atlantic Sturgeon showed an overall median distribution centered on rkm 45, which Is a tidal and seasonally mesohaline to oligoloaline section of river near the confluence of the Northcast and Cape Fear rivers in Wilmington, NC. This rcgkm has also been identified as an arcs containing sturgeon by previous researchers (Moser and Ross 1995. Flowers and llightower 2013), and is likely an important feeding and holding location for Atlantic sturgeon within this system. fagged sturgeon displayed fidelity to the system during observed seasonal and potential spawning migrations, with an average return rate of 760/. to the system between years. Nearly no tagged sturgeon mere detected within the river system during the month of January, hat ing mostly emigrated into the ocean 1 he proposed artificial reef site adjacent to Carolina Beach State Park is located at approximately rkm 20 at an estimated depth of 2m. A fixed monitoring station is located at rkm 18 close to the train shipping channel. This nxtnikiting station has at one time detected all sturgeon which were acoustically tagged in the Capt Feu River- While the number of individuate detected at this mttnitoring station was high, the relative detection density during the study period for this station was low. Atlantic sturgeon were typically only detected at this nwmikring station during periods of immigration or emigration from the system. Dwing this study period several acoustically tagged fish were manually tracked while making large movements, and were found to occupy the deeper portion of the shipping channel. Moser and Ross (1495) also found Atlantic sturgeon to primarily occupy water depths greater than l0 m in the Cape Fear river in both warm (>25 C) and cool temperature perio ds. The Cape feu River likely has a reproducing population of Atlantic sturgeon which occupy both spawning and roaring habitat. During their seasonal acid spawning migrations Atlantic sturgeon were detected anywhere from rkm 0 to 131. llosvevcr, suh-adults were principally detected between rkm 30 and 60 for extended periods of time, indicating this stretch of is river as important habitat. '1 tte mean depth at which sturgeon were captured for the NCDMF telemetry study (8.5m), and which they were primarily observed by Maser and Ross (1995) ( 10m), suggests they may not frequently interact with the proposed reef site during migration activity. GM cd Nath Cfreib�r I Ix.-r.nv,d 41xam r.Jkrfr� U41 Arman& st 1.0 1 Po Box NO I tU rrhewt 06y. Mor th CaVAU AW Iran nt. antl State of North Carolina I Division of Marine Fisheries 3441 Arendell Street ! P.O. Box 769 1 Morehead City. North Carolina 28557 252-726-7021 If you have any other questions about sturgeon in the Capc Fear, please foci fret to contact me. Sincerely, Joe Facendols Rio4ilt NC Division of Marine Fisheries 127 Cardinal Dr. Ext Wilmiapm NC:, 29405 Phone: (910)796.7291 I:tttail: J�d'ussntlul��nr:Yc» Selected Keference Flowers, II. J., and J. E. Ilighto%cr. 2013. A novel approach to surveying sturgeon using side -,pan .,nwur and occupancy modeling. Marine and Coastal Fisheries: Dynamics, Managentc:nt, and Lcos)stcm Science jonline serial) 5:211-223. Moser, M. 1.. and S. W. Ross (1995). "Ilabiiat use and movements of shortnose and Atlantic sturgeons in the lower Cape Fear River. North Carolina.' "transactions of the American Fisheries Scxiety 124(2): 225. Post, W. C., 1'. Darden, 1). L. Petervm, M. Loclller, and C. Collier. 2014. Research and Management of Endangered and Threatened Species in the Southeast: Riverine Movements of Shortnose and Atlantic Sturgeon_ Final Report. Grant No. NAIONMF4720036. ?"Nothdrtq Compares vete of N rtA tr+#u I nrNam d Msrw�t f �d`rnn N kmddi Streri PO aw PiN ►YrtltladCte,fbt4Cr<dn�MS57 tst ttt. tvn State of North Carolina 1 Division of Marine Fisheries 3441 Arendell Street P.O. Box 76Q ! Morehead City, North Carolina 28557 252-72b-7021