20180260 Ver 1_DCM Permit_20180629

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
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 City of Jacksonville, PO Box 128, Jacksonville, NC 28540
Permit Number
67-18
Authorizing development in Onslow County at within Farnell Bay & the New River, near Camp
Lejeune & the City of Jacksonville , as requested in the permittee's application dated 6/6/18, narrative dated
"Received DCM-MHD City 1/19/18, incl. att. workplan drawings (29), all dated "Received DCM MED City 1/19/18".
This permit, issued on June 29, 2018 , 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.
Oyster Reef Authorized Development
1) Unless specifically altered herein, this permit authorizes the creation of six (6) 0.5 acre oyster reef
sites, located in Farnell Bay, New River, all as depicted in the attached permit application, project
narrative, and workplan drawings.
2) In accordance with commitments made by the pennittee, reef construction within the site shall be
accomplished using prefabricated structures known as Oyster Castles and Oyster Catchers, all as
depicted in the attached workplan drawings Figures 4b -d, 5b -d, 6b -d, 7b -d, 8b -d, 9b -d, 10, 12, 15,
All materials shall be free from loose dirt or pollutants except in trace quantities.
(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 must cease when the permit expires on
December 31, 2021
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
Chairman of the Coastal Resources Commission.
v/ m ..
Braxtoi C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

City of Jacksonville
ADDITIONAL CONDITIONS
Permit No. 67-18
Page 2 of 4
3) No material shall be placed at any time in any waters outside of the alignment of the fill areas indicated
on the attached workplan drawings. Any expansion of the reef beyond the six (6) 0.5 acre oyster reef
sites described in the application, or the use of other materials, shall require additional authorization.
4) The permittee shall install and maintain at his expense any signal lights, signals, or signage prescribed by
the U.S. Coast Guard, through regulation or otherwise, on the authorized oyster reef site. At a minimum
shall be marked at each corner of the six (6) 0.5 acre oyster reef sites.
5) The permittee shall be required to repair, maintain and/or remove any components of the oyster reefs
that are displaced from the oyster reef site boundaries as depicted in attached workplan(s). The
permittee shall be responsible for removing all portions of the reef should the site be terminated or
displaced beyond repair. The permittee is not relieved of this requirement if he abandons the permitted
activity without having it transferred to a third party.
6) In accordance with commitments made by the permittee, each of the six (6) oyster reef sites shall be
located, at the time of construction, with a 50 meter buffer from all submerged aquatic vegetation. The
permittee is advised that any proposed expansion of the oyster reef sites may be affected by evidence of
submerged aquatic vegetation.
NOTE: Future development of the permitted Oyster Reef sites or additional sites may require a
modification of this permit. Contact a representative of the Division at [phone] prior to
the commencement of any such activity for this determination.
USACE Conditions
7) If a federally listed species is seen within 100 yards of active daily construction operations or vessel
movement, all appropriate precautions shall be implemented to ensure its protection. These precautions
shall include the cessation of operation of any moving equipment within 50 feet of a listed species.
Operation of any mechanical construction equipment shall cease immediately if a listed species is seen
within a 50 -ft radius of the equipment. Activities may not resume until the protected species has
departed the project area of its own volition.
8) Reef materials shall be selected to ensure that ESA -listed species do not become entrapped in reef
structures, or entangled in debris (e.g., abandoned fishing tackle, nets, and lines) that may accumulate on
artificial reefs:
a. Materials used for artificial reef building shall conform to the recommendations in the National
Artificial Reef Plan (as Amended): Guidelines for Marine Artificial Reef Materials, Second Edition
(Atlantic and Gulf States Marine Fisheries Commissions 2004). Except that derelict automobiles
shall not be used and derelict vessels and military surplus shall have openings on all exposed sides
adequate to prevent entrapment of ESA -listed species. Openings will be sufficient of sufficient size
and quantity to allow for several points of egress for sea turtle species that may enter the structure.
Any open -bottomed structure must have an opening in the top that is equal to the bottom opening or
3 -ft in diameter (whichever is lesser) to allow listed species to escape.
b. Military surplus and vessel structures such as ladders, rails, booms, antennas, etc. will be removed
to reduce the potential accumulation of abandoned fishing tackle and lines. Clean steel, concrete
bridge or large building demolition materials such as slabs or pilings may be used provided that all
steel reinforcement rods are cut at the base of the concrete so no rebar or metal is protruding.

City of Jacksonville Permit No. 67-18
Page 3 of 4
ADDITIONAL CONDITIONS
9) Materials shall be of sufficient size and relative density to not move from the reef site post -deployment
and be clean and free from asphalt, creosote, petroleum, other hydrocarbons and toxic residues, loose
free-floating material or other deleterious substances.
10) Underwater reef cleanup will be performed by NCDMF divers during annual reef site monitoring
events. Cleaning reefs in low visibility/high current dive conditions may present diver safety issues with
the potential of divers being entangled or snagged. Staff will make every reasonable attempt to clean
reef materials of debris during regularly scheduled assessments, without compromising the safety of the
crew and divers. The applicant will send confirmation of cleanup to NMFS's Southeast Regional Office
([e-mail]36T), including dates of cleanup efforts and results of the clean-
up.
11) The applicant shall follow NMFS's Sea Turtle and Smalltooth Sawfish Construction Conditions in order
to further reduce interaction risk, and require all construction workers watch for sturgeon and sea turtles.
Operation of any mechanical construction equipment will cease immediately if a protected species is
seen within a 50 -ft radius of the equipment. Activities will not resume until the protected species has
departed the project area of its own volition.
12) 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 36Thttp://www.fws.gov/nc-
es/mammal/Manatee—guidelines.pdf36T.
General
13) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters adjacent to the authorized work.
14) Any mitigative measures or environmental commitments specifically made by the applicant for this
project shall be implemented, regardless of whether or not such commitments are addressed by
individual conditions of this permit.
15) 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.
16) The permittee shall notify the NC Division of Marine Fisheries, Marine Patrol Section, after the
completion of the six (6) Oyster Reef sites so closed shellfish harvest signs can be posted.
17) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

City of Jacksonville Permit No. 67-18
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: This permit does not convey any rights, either in real estate or material.
NOTE: It is recommended the permittee contact the NC DMF Fisheries Management Section to inquire
if a Research Sanctuary designation would be appropriate to protect the demonstration site from
shellfish harvest by the public.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW -2017-02514) issued 6/28/18.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4144 and assigned the project DWR Project No. 2018-0260 issued 3/29/18.
NOTE: An application processing fee of $475 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.