20050383 Ver 1_Complete File_20050228

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Permit Number
63-05

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STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission

~trmit

for
~ Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118

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~ Excavation and/or filling pursuant to NCGS 113-229

Issued to N.C. Dept. of Cultural Resources, Underwater Arch. Branch, 3431 Arendell St., Morehead City, NC 28557,

? Authorizing development in
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Carteret

County at Atlantic Ocean. +1- 1.5 miles south of Fort

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This permit. issued on April 28. 2005 , is subject to compliance ....-ith the application (where consistent f
f. with the pennit), all applicable regulations, special conditions and notes sct forth below. Any violation of thcse tcrms may f,
j b, ,ubj'" to fine" imprisonment or civil action; or may cause the permit to be null and void. I

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Macon State Park

, as requested in the permittee's application dated 2/4/05 (MP-I) and 2/2/05

(;\11'-2), il1cll1dil1~ attached workplan drawings (3), I site map dated received 2:'/;05. & 2 dated 2/4/05

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The authorized archaeological recovery activities shall be carried out in accordance with the attached
permit application and workplan drawings. Any alterations in the project plans may require a
moditication of this permit. Contact a representative of the Divisiun at [phone] prior to the
commencement of any such activity for this determination.

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Excavation shall not exceed an average of -3 feet below pre-project )ubstrate levels.

The authorized structure and associated activity must not cause; an unacceptable interference with
navigation.

(See attached sheet for Additional ConditirJl1s)

This pern:it a~tion may be appealed by the permittcc or
other qualif:ed persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
:~ continuance as the case may be.
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Signed by thl: autb,~:t:. of thc Secrctary of DENR and the
Chairman ofthl: C'J~'.:;;] P.esources Commission.

.-\ny maintenance work or project modification not covcred
hereunder rc_:uires further Division approval.

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I' / ~ S. Jones, Directnr
Division of Coastal Management

This permit must be acccssible on-site to Department
personnel \\hen the project is inspected for compliance.

-\ II \\ 011 I::ust ccasc when the pcrmit expires on

This permit and it'- v,~.(;;t;ons are hereby accepted.

December 31,2008

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'. In issuing this pcnnit, the State of North Carolina agrces
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:; that your project is consistcnt with the North Carolina Coastal
] ~lanageJncnt Program.

Signaturc of Pcrmittcc

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N.C. Dept. of Cultural Resources Permit #63-05
Page 2 of2

ADDITIONAL CONDITIONS

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General

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The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the work authorized by this permit, or if in the opinion of the
Secretary of the Army or his authorized representative, said work shall cause unreasonable obstruction
to free navigation of the navigable waters, the permittee shall be required, upon due notice from the
Corps of Engineers, to remove, relocate or alter the 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.

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This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.

The N.C. Division of Water Quality has authorized the proposed project under General Water III.
Quality Certification No. 3274 (DWQ Project No. 050383), which was issued on 3/11105.

The U.S. Army Corps of Engineers has assigned the proposed project COE Action rd. No'1
200500500.

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DEPARTMENT OF THE ARMY
WILMINGTON DlSTRlCT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890

REPLY TO
ATTENTION OF:

April 22, 2005

Regulatory Division

Action ill No. 200500500

Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421

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APR 2 7 2005

~ DENR - WATER QUALITY
~'ETI.ANDSAND STORMWATER BRANCH

Dear Mr. Huggett:

Reference the application ofthe State of North Carolina Underwater Archaeology Branch
for a Department of the Army permit request to perform a full excavation and recovery of the
remaining artifacts from the shipwreck thought to be the Queen Anne's Revenge located 1.5
miles south of the Fort Macon State Park and 0.5 miles west of the federally maintained channel
in Beaufort Inlet, Carteret County, North Carolina

The Federal agencies have completed review ofthe proposal as presented by the
application and your field investigation report.

We recommend that the following conditions be included in the State authorization:

1. All work authorized by this permit must be performed in strict compliance with the
attached 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 implcmentation.-

2. 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 ofthe 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. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NA TIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E \Vest HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.

3. 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 project, within waters or wetlands. This permit does not
authorize temporary placement or double handling 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.

4. 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 [phone],
Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.

5. 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.

6. 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 [phone].

7. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the \Vilmington District
Engineer who will initiate the required coordination procedures.

8. The permittee shall advise the Corps in writing at least two weeks prior to beginning the
work authorized by this permit and again upon completion ofthc work authorized by this permit.

9. 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 ofthis
project with a copy ofthis permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.

10. 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.

11. Violations of these conditions or violations of Section 404 of the Clean 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 ofthe permittee's discovery ofthe violation.

12. Excavation will not exceed -4' maximum or -3' average below pre-project substrate
level.

Questions or comments may be addressed to Mr. Henry \Vicker, Wilmington Field Office,
Regulatory Division, telephone [phone].

Sincerely, k)~

Ocr

Regulatory Project Manager
Wilmington Regulatory Field Office

Enclosure

Copies Furnished (without enclosure):

~~Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

Ms. Tere Barrett, District Manager
Morehead City Regional Office
North Carolina Division of Coastal
Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421

Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726

Commanding Officer
U.S. Coast Guard Marine Safety Office
721 Medical Center Drive, Suite 100
Wilmington, North Carolina 28401-4895

Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303

Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516

Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110

.

United States Department of the Interior

FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, NOM Carolina 27636-3726

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April 4, 2005

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APR 1 1 2005

Mr. Henry Wickcr
U. S. Army Corps of Enginecrs
Wilmington Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890

DENR. WATER QUAlITY
WE11.ANDS N~D STORIltVATER BRANCH

Subject: Action ID #200500500, North Carolina Dcpartment of Cultural Resources (Undcrwater
Archeology Unit), Dredging at offshore archeological site, Carteret County, NC

Dear Mr. Wicker:

This letter provides the comments of the V. S. Fish and Wildlife Service (Service) on the subject Public
Notice (PN), dated March 15,2005. The applicant, the North Carolina Department of Cultural Resources,
has applied for a Department of the Army (DA) permit to perforn1 hydraulic induction dredging in an area
of approximatcly 13,500 square feet (0.31 of an acre) of sandy ocean bottoms as part of the excavation
and recovery of artifacts from a shipwreck thought to the Queen Anne's Revenge. The proposed work is
being considered under Regional General Permit # 198000291, a permit/processing agreement for work
that has been approved pursuant to the North Carolina Coastal Area Management Act (CAMA). These
comments are submitted in accordance with the Fish and Wildlife Coordination Act (FWCA) (48 Stat.
401, as amended; 16 U.S.c. 661-667d). Comments related to the FWCA are to be used in your
determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public intercst review
(33 CFR 320.4) in relation to the protection of fish and wildlife resources. Additional comments are
provided regarding the District Engineer's detern1ination of project impacts pursuant to section 7 of the
Endangcred Species Act (ESA) of 1973, as amended (16 V.S.C. 1531-1543).

Project Area and Proposed Action

The PN contains the Field Investigation Report (FIR), dated February 22, 2005, of the North Carolina
Division of Coastal Management (NCDCM). The FIR states that the project site is in the Atlantic Ocean
approximately 1.5 miles south of Fort Macon State Park. The site is in water approximately 20-25 feet
deep. The bottom consists of coarse-grained sand and is subject high energy.

The applicant proposes to remove approximately 1,500 cubic yards of bottom sediment by a hydraulic
induction dredge. The sediment would be moved to a containment area alongside the wreck for filtering
in order to scarch for artifacts. After filtering the material would be re-deposited back into the trenches
from which it came. Thc action is expected to extend over five years.

Anticipated Impacts

The FIR states that the proposed action should produce no visible increase in turbidity or change to
bottom elevations. Such minimal impacts would be due to the large sand grains composing the bottom
sediment, the return of the material to its approximate original location, and the periodic dredging of
small quanti tics over a fivc year period.

2

Federally Protected Species

The Service has reviewed available information on federally-threatened or endangered species known to
occur in Carteret County. We have also reviewed information from the North Carolina Natural Heritage
Program (NCNHP) database which contains excellent data on the special status species, both federal and
state. This database can be accessed by topographic quadrangle (quad) of the U. S. Geological Survey
(USGS). Data from USGS quads provide the most project-specific information on species which should
be considered in permitting this project. The project area is in the Beaufort quad. The occurrence data of
special status species within this quad can be obtained on the internet under the database search section of
< http://www.llcnllTl.org/Pages/heritagedata.html>.

Our review indicates that no federally listed species under Service jurisdiction are likely to occur in the
project area. Therefore, the Service would concur with a determination by the District Engineer that the
action is not likely to adversely affect species designated as threatened, endangered, or their designated
critical habitat. However, the requirement of section 7 would need to be reconsidered if: (1) new
information reveals impacts of this identified action that may affect listed species or critical habitat in a
manner not previously considered; (2) this action is subsequently modified in a manner that was not
considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected
by the identified action.

Service Position

Considering the offshore location of the project site, the limited nature of the proposed dredging, and the
overall maintenance of existing bottom contours, the Service believe the proposed work will not have any
significant adverse and/or irreversible effects on general fish and wildlife resources under our jurisdiction.
Therefore, from the perspective of the FWCA and the 404(b)(I) guidelines, the Service has no objection
to the issuance of the DA permit. We appreciate the opportunity to review the permit application. If you
have questions regarding these comments or wish to discuss the development of the coordinated federal
position, please contact Howard Hall at 919-856-4520, ext. 27 or bye-mail at < [e-mail] >.

rJl

Pete B~
Ecological Services Supervisor

cc: Ronald Mikulak US EP A, Atlanta, GA
Ron Sechler, NMFS, Beaufort, NC
Mike Street, NC Division of Marine Fisheries, Morehead City, NC
Maria Tripp, NCWRC, Washington, NC
John Dorney, NC Division of Water Quality, Raleigh, NC
Ted Tyndall, NC Division of Coastal Management, Morehead City, NC

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Michael F. Easley, Governor

William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E. Director
Division of Water Quality

March 11, 2005

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MAR 1 7 2005

State of North Carolina Archeology Unit
NC Underwater Archaeology Branch
c/o Mark Wilde-Ramsing
3431 Arendell Street
Morehead City, NC 28557

DENR. WATER QUALITY
\'..ETlANDS AND STORIl/IATER BRANCH

SUBJECT:

Approval of 401 Water Quality Certification
and Additional Conditions
Queen Anne's Revenge
Shipwreck Recovery Project
DWQ Project # 050383
Carteret County

Dear Mr. Wilde-Ramsing:

You have our approval, in accordance with the attached conditions (WQC # 3400) to conduct the
following activity located near Beaufort Inlet in the Atlantic Ocean near Fort Macon, Carteret County.
This approval allows you to:

1. Excavate an area of approximately 150' X 90 (approximately 1,500 cubic yards) from the
location of the Queen Anne's Revenge shipwreck site;

2. Fill an area approximately 150' X 90' (to return the 1,500 cubic yards of sand/shell back over the
shipwreck site).

This approval is only valid for the purpose and design that you described in your CAMA Major
application received by the Division of Water Quality (DWQ) in the Wilmington Regional Office
(WiRO) on February 28,2005. After reviewing your application, we have determined that General Water
Quality Certification Number 3400 covers this activity. This Certification allows you to use your CAMA
Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may be
additional Federal, State or Local regulations applicable to your project, such as (but not limited to)
Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations, NPDES and
Coastal Stormwater. In addition, this approval will expire when the accompanying CAMA Permit
expires unless otherwise specified in the General Certification.

This approval is only valid for the purpose and design that you described in your revised CAMA Major
Permit application received by the Division of Coastal Management on February 7, 2005. If you change or
modify your project, you must notify the Division (DWQ) in \vriting and you may be required to send us a
new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in l5A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and the additional conditions listed on the following
page:

North Carolina Division of Water Quality
Wilmington Regional Office

127 Cardinal Driye Extension
Wilmington, NC 28405.3845

Phone [phone]
FAX [phone]

Customer Service1.877 -523-57 48
Internet h20,enr,state,nc.us N~rthCaroIina

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An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

Page Two
State of North Carolina Archeology Unit ,
NC Underwater Archaeology Branch
clo Mark Wilde-Ramsing
Project # 050383
March 11, 2005

1. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate
of completion to this office and a copy to the 401/Wetlands Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650; '\..

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2. No excavation and no spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the CAMA Major Application. All
construction activities, including the design, installation, operation, and maintenance of sediment
and erosion control Best Management Practices, shall be performed so that no violations of state
water quality standards, statutes, or rules occur.

Please notify this Office at the number listed below if any problem arises during the construction of
the project that may affect water quality.

If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.

This letter completes the review of the DWQ Permit #050383 under Section 401 of the Clean Water
Act. If you have any questions, please telephone Joanne Steenhuis or Edward Beck at 910-395-3900.

Sincerely,

4ad7 (5aJ.-

Alan W. Klimek, P.E., Director
Division of Water Quality

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Attachments: GC # 3400
Certificate of Completion

cc: Corps of Engineers Wilmington Field Office - Henry Wicker
WiRO- Joanne Steenhuis
401 Oversite Unit, Raleigh - Cyndi Karoly
CAMA - Terc Barrett
CAMA - Doug Huggett

WQC #3400

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MAH 1 7 2005

CAMA PERMIT CERTIFICATION . DENR-WATERQUALfTY
h'ETlANDSNID STORM\VATER BRANCH
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF
COASTAL MANAGEMENT AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)

This General Certification is issued in conformity with requirement of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of
fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification
Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on
February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water
Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the
Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by
the Director of DWQ.

The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301,302,303,306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with conditions hereinafter set forth.

Conditions of Certification:

I

1. Activities authorized by CAMA major permits require written concurrence from the
Division of Water Quality as well as compliance with all conditions of this General
Certification;

2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General
Pe~mits do not require written authorization from the Division of Water Quality as long
as they comply with all other conditions of this General Certification;

3. In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence for a 401 Water Quality Certification must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies in accordance with agreements
reached between the Division of Water Quality and the Division of Coastal
Management;

4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands. In addition, buffer mitigation may be required for any project with Buffer
Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the
Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,
wetland and stream mitigation requirements shall be made for any Certification for
this Nationwide Permit. The most current design and monitoring protocols from DWQ
shall be followed and written plans submitted for DWQ approval as required in those
protocols. When compensatory mitigation is required for a project, the mitigation
plans must be approved by DWQ in writing before the impacts approved by the
Certification occur. The mitigation plan must be implemented and/or constructed
before any permanent building or structure on site is occupied. In the case of public
road projects, the mitigation plan must be implemented before the road is opened to
the travelling public;

wac #3400

The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual certification for any project in this category of activity that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.

Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.

Effective date: March 2003

DIVISION OF WATER QUALITY

By

Alan W. Klimek

Director

WQC # 3400

3

DWQ Project No.:

County:

Applicant:

Project Name:

Date of Issuance of 40 1 Water Quality Certification:

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 is required to return this certificate to the 40l/Wetlands Unit, North Carolina Division of Water
Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the
applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these.

Applicant's Certification

I, ' , hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent of
the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.

Signature:

Date:

Agent's Certification

I, , hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent of
the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.

Signature:

Date:

Engineer's Certification

Partial

Final

I, , as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state
that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction
was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.

Signature

Registration No.

Date

Mail to: 401 Wetlands Contact
NC Dept. of Environment and Natural Resources
127 Cardnal Drive Ext.
Wilmington, NC 28405-2004

OB0383

Michael F. Easley, Governor

A~A
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Charles S. Jones, Director

William G. Ross Jr" SecretarJ

February 23,2005

MEMORANDUl\-I:

TO:

Ms. Cyndi Karoly
Environmental Biological Supervisor
Division of Water Quality

~[g@[gD\Yl[g @

FEB 2 8 2005

FROM:

Doug Huggett
Major Permits Processing Coordinator

. DENR . WATER QUALITY
WETLANDS NJD STORMWATER BRANCH

SUBJECT: CAMA/DREDGE & FILL Permit Application Review

Applicant: State of North Carolina - Underwater Archeology Unit

Project Location: Carteret County: On the Atlantic Ocean floor +/- 1.5 miles south ofFt. Macon State
Park, +/- .5 miles west of the federally maintained channel of Beaufort Inlet

Proposed Project: The applicant proposes to perform a full excavation and recovery of the remaining
artifacts from the shipwreck thought to be the Queen Anne's Revenge.

Please indicate below your agency's position or viewpoint on the proposed project and return this form by
March 17, 2005. If you have any questions regarding the proposed project, please contact Tere Barrett at
[phone]. When appropriate, in-depth comments with supporting data are requested.

REPL Y:

_ This agency has no objection to the project as proposed.

_ 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

DATE

400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net

An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

" .

, C'.-.-!

Develcpment Type

I. Private, non-ccmmercial
development that does not involve
the filling or excavaticn of any
wetlands or open water areas:

II. Public or commercial development
that does not involve the filling or
excavation of any wetlands or cpen
waler areas:

III. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas, determine if A, 8, C, or 0
below applies:

III(A). For Private, non-1:ommercial
development, If General water Quality
Certification NO.330 1 (see attached)
c.:ln be applied:

111(8): For public or commercial
development, if General water Quality
Certification No.3301 (see attached)
can be applied:

$400

III(C). If General Water Quality
Certification No. 3301 (see attached)
could be applied, .but DCM st;Jff
determined that additional review and
written DWQ concurrence is needed
because of ccncems related to water
quality or aquatic life:
--~
----' ~,

$400

III(D)~ If'~eneral Waler QUali~
Certification No. 3301 (se9-attac:.'1ed)
can not be applied;'----/

IV. For development that involves
the filling and/or excavation of more
1 than one acre of wetlands and/or
open water areas:

DeM '!o
(143001601435100093162562531
,'" ;'':l'f;.,' '5.-

100% ($250)

100% ($400)

100% ($250)

100% ($400)

60% ($240)

60% ($240)

60% ($285)

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124300 1602 435100095 23411
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0% ($0)

0% ($0)

0% (SO)

0% (SO)

40% ($160)

40% ($160)

40% ($190)

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DIVISION OF COASTAL lVIANAGElVIENT
FIELD INVESTIGATION REPORT

1. APPLICANT'S NAME: State of NC - Underwater Archeology Unit, c/o Mark Wilde-Ramsing

2. LOCATION OF PROJECT SITE: On the floor of the Atlantic Ocean:!: 1.5 miles south of the Fort
Macon State Park, :!::.5 miles west of the federally maintained channel of Beaufort Inlet, in Carteret
County.
Photo Index - 2000: Unavailable 1995: Unavailable
State Plane Coordinates - X: 2697400 Y: 343400

3.. INVESTIGATION TYPE: CAMA/D&F

4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 06,2005
Was Applicant Present - No

5. PROCESSING PROCEDURE: Application Received - 2/07/05
Office - Morehead City

6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: OH
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - None
Planned - None
(F) Type of Structures: Existing - Shipwreck
. Planned - None
(G) Estimated Annual Rate of Erosion: N/ A
Source - N/A

7. HABITAT DESCRIPTION:

-. .
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
Sandy Ocean Bottom (Inlet) 13,500 sf 13,500 sf

DREDGED

[AREA]
EILLEQ

O.IHER

(D) Total Area Disturbed: 13,500 sf
(E) Primary Nursery Area: No
(F) Water Classification: SB

Open: Yes

8. PROJECT SUMMARY: The applicant is the Underwater Archeology Unit of the Archives and
History Division of the Department of Cultural Resources. The DCR is applying to perform a full
excavation and recovery of the remaining artifacts from the shipwreck thought to be the Queen Anne's
Revenge.

NC Underwater Archeology Unit - Mark 'Wilde-Ramsing
Page 2

9. NARRATIVE DESCRIPTION:

This project was originally handled as a Major Modification to State Permit #127-97, and was issued
on 4/20/05. The permit expired without receiving adequate funding. The request at hand is the same
as was reviewed at that time.

The project site is located in the Atlantic Ocean, approximately 1.5 miles south of the Fort Macon State
Park, and :f: .5.niles west of the federally maintained channel in Beaufort Inlet, Carteret County. This is the
site of a shipwreck presumed to be that of the Queen Anne's Revenge (QAR), the vessel thought to be the
pirate ship of the privateer known as Blackbeard. . The NC Department of Cultural Resources has
designated an area 600 yards in diameter around the wreck as "protected area".

The Atlantic Ocean carries a water quality designation of SB; the Carteret County Land Use Plan classifies
all areas designated as Areas of Environnlental Concern as Conservation; the Division of Marine Fisheries
does not designate the Atlantic Ocean as a Primary Nursery Area; and the waters of the Atlantic Ocean
are open to the taking of shellfish for consumption. The ocean bottom composition at the wreck location is
coarse-grained sand, subject to high energy due to the proximity to the inlet.

The Underwater Archeology Unit of the NC Department of Cultural Resources is proposing to perform a
full excavation and recovery of the remaining artifacts from the QAR over a five-year period. The original
permit authorized the excavation of discovery trenches around the site in search of artifacts that would
indicate the significance of the wreck. The 2000 Major Modification authorized the expansion of this
project to include full artifact recovery. The shipwreck site is recognized by the number 0003BUI.

The dimensions of the hull in the area proposed for excavation are approximately ISO' x 90'. The vessel
lies covered with a thin layer of sand in approximately 20' - 25' of water. Recent hurricane events have
uncovered significant portions of the wreck, and exposed them to the elements, necessitating removal to
avoid the loss of the resource. The specific proposal involves the excavation of the entire ISO' x 90' area,
in 10' x 10' x 3' units, to an average depth of -3' from substrate level. Approximately 1500 cubic yards of
sand will be removed by means of a hydraulic induction dredge, with a 3" or 6" hose. This system will
carry the effluent to a containment area alongside the wreck for filtering. The sand will be filtered through
screens, artifacts removed, and spoil re-deposited back into the trenches from which it came. The process
is expected to take 5 years to complete, with a maximum of 4 active spring and fall months during any
given year.

10. ANTICIPATED IMPACTS:

The project as proposed will employ an unorthodox method of spoil placement. However, this is a very
high-energy area, conducive to natural sediment disturbance and large grained sand composition.
Additionally, the 1500 cubic yards of spoil material will be generated in small quantities over a five-year
period. Given that, there should be no visible turbidity increases, or permanent change to the bottom
elevation.

T. Barrett

February 22, 2005

Morehead City

(]-t)0383

Form DCM.?tIP.l

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APPLJI CA 1rJI 0 N~ - F

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(fo be completed by all applicants)

1. APPLICANT

b. City, town, community or landmark
fV (l T f'rI A Co,.J o",--.q vFOItI ..:EN Lei
I

C. . Street address or secondary road n'umber

a. Landowner:

Name 5TAT\Z oF" ''''ot/-~ ~L.'''''A

d. Is proposed work within city limits or planning
jurisdiction? Yes .1S:L No

Address

City

State

e. Name of body of water nearest project (e.g. river,
creek, sound, bay) "31r'A \J~It'" :oJ G-"'-
. tl-rL.A-..m c.. oc.~'"

Zip'

Day Phone

Fax

3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT

b. Authorized Agent:
tv ~ VNl)CJt..\.,/~--Q AfZ.CfMlroltJ& l( "6llAWt
Name/1rrtV: fJ1AIZk. ~Ll>I!~ fUM..s,,Jl.r . GAR. i>,~ a.

Address 3 '-1'3 \ A ~ u;)o.J\)\:-"\...L STrt..llt.."-

List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
V WD~wA-i'dt. /t(t(~lZo/..o&rcAl- El (ftY(tn.;) n./
II NT> {2.\O(.:)v' ~ It. '1 o~ ,e ~ C.It"NlVR'1' Attn WI '-1>
~~ ll-tlJ' (;l.vt<:\::.'N AwN~ R.GVtENVC!""
Sit-I wll..c~ .s,n( (31 c.R. 31q)

CitY 1\.\ 0 ~"""'A *:"11-!> C ,,-1.( . State N c...

Zip 2 S 5 ~, Day Phone 2S l.. 71. (, - (A$L/f ~ I(/j b. Is the proposed activity maintenance of an existing
project, new work, or both? Co Nfl N 1.Jft/10"';

Fax

c. Will ~e j!roject be for public, private or commercial
use? "'P v B ~ ~ "i31C"N I.?M '\

(
c. Project name (if any) Qv~~ A-NNIlS ~"eN(4"
.5u I P ."ntlo'C.lc- (2.~ Co" t -(. '1 ?lZ..~

NOTE: Pmnit will be issued in name of/cn.:Jowner(s), and/or
projea name.

d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
ooditional pages. ctJ.s~ t>,f'J AN A--SSa-sS()\lDJI'
ffi: TH1;- oS ,7\";" \ N c. \I 4/3 ,..It-}.S ~ .:-c.a"" fl'7 pVt)c:1) I
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Co \..J(J A"/ 11 S rTlZ" L .sf;Y I-It1'1)
N 1tfl..4--n v fS 1J~ ~ eLl E'n o..r)

2. LOCATION OF PROPOSED
PROJECT

a. County

e~'Th'il.<<

Revised 03195

Form DCM-MP-l

4. LAND ANll WATER
CHARACTElUSTICS

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m. DescribeNX?Aing wastewater treatment facilities.

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a. lZC 0 enure tract S fn< . n..
f .
b. Size of individuallot(s) Sit. fW~l<.. Ru'7\1AN S 1>""'10'

c. Appro;dmate elevation of tract above MHW or
NWL' '2-0 I _ '2.-5 / 'g&"I-o.,..J NWL-

d. Soil type(s} and texture(s) of tract
~A-rJ';) ANi> S tfL.'LL

e. Vegetation on tract '" I A

f. Man-made features now on tract N I A

g. What is the CAMA Land Use Plan land
classification of the site? (Ccnsull 1M loca1land UJt plan.)

_ Transitional
_ Conununity
.:Eb.- Other
SE;A- 'Bitt>
h. How is the fIact zoned by local government?
N LA

_ Conservation
_ Developed
_ Rural

i. Is the proposed project consistent with the applicable
zoning? _ Yes _ No
(Anach zoning complianu artificaJ~. if uppUc:ahlt)

j. Has a professional archaeological assessment been
done for the tract? )( 'j... Yes _ No
If yes, by whom'? tv Co. lJ Pr g

k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property'?
~Yes _No

1. Are there wetlands on the site'? Yes ~ No
Coastal (marsh) Other
If yes, bas a delineation been conducted?
(Attach Jcaunmsatian. if available)

Revised 03/!O

Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater. industrial/commercial efflueJ.t, "wash
down" and re'\identia] discharges.) IV,4

o. Describe existing drinking water supply source.
tJ /4

5. ADDITIONAL INFORMATION

In addition to the completed application form, the
following items must be submitted:

o A copy or the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is nOt
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.

o An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources C(lmmission Rule 7J .0203 for a
detailed description.)

Please note that original drawings are preferred and
only high quality copies will be accepted. Blue.line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the

Form DCM-MP-l

site. Include highway or secondary road (SR)
numbers, landmarks, and the like.

o A Stormwater Certification, if one is necessary.

o A list of the names and complete addresses of the
adjacent waterfront (riparian) lando"uers and
signed return receipts as proof that suclt 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. Upon signing this form, the applicant
funher certifies that such notice has been provided.

Name f'l (.. S~ '?f.l(l..\(..S , FUel;,. fV\ACoN
Address 'Po 'Bo~ 12' ,~nc.gEYlCJfJNc.,
Phone .25"1.. ; vI., - 3,15

Name
Address
Phone

Name
Address
Phone

o A list of previous state or federal permits issued for
work on the project tract. Include permit numbers;
permittee, and issuing dates.

o A clteck for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.

o A signed AEC hazard notice for projects in
oceanfront and inlet areas.

o A statement or compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
to) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.

Revised 03(95

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6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND

I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained i"l the permit.

I certify that to the best of my knowledge, the proposed
activity complies with the State of Nonh Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.

I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal '
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.

I further certify that the information provided in this
application is truthful to the best of my knowledge.

This is the 11#') day of li-&. ,-l-9' ~o 5

Print Name rn 11 tZ.1<.. W I CD ~ - R. fh1" S 11'>1 &

Signature ~ tvvtk'~.
UmdoWMr or tlUJAori1.td tlatnJ

Please indicate attachments pertaining to your proposed
project.

_ DCM MP-2 Excavation and Fill Information
_ DCM MP-3 Upland Development
_ DCM MP-4 Structures Information
_ DCM MP-5 Bridges and Culverts
_ DCM MP-6 Marina Development

NOTE: Please sign and dale each attachment in the
space provided at the bottom of each fonn.

Form DCl\I-MP-2

EXCFl V A TIION
AND JFI[JLlL

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(Except bridges and culverts)

Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-l. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.

Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.

Access
channel
(ML'W) or (NWL)

Canal

Boat
basin

Boat
ramp

Rock
groin

Rock
breakwater

Other
(Excluding
shoreline
stabiliZAtion)

Revised 03/95

A ytragt
Exisl1n3
Length \\ldlh Drplh

F'Inal
ProJrct
Drplh

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1\]or8i'j<.J~luCHl DelVl

1. EXCAVATION

a. Amount of material to be excavated from below
MHW or NWL in cubic yards \ I :5 "0

b. Type of material to be excavated S h7V1>, S H I::.'\..L I
Ihvv CVt.. T\lCtA'L ,'), fl-n;-rtl AI. S (A~T.FiJ c.1>)

c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SA Vs) or other wetlands? _ Yes X l( No

d. Highground excavation in cubic yards

2. DISPOSAL OF EXCAVATED
MA TERlAL

a. Location of disposal area AvTACE'>Jr 1l-tr SI'fl;'.

b. Dimensions of disposal area SIl,.}l> WILL 'Bit
R I<"i\JrtN\!.1:> Tb /l-t t; SH. ('wit 'iC,.I<.. S~ .

c. 1;)0 you claim title to disposal area?
~ Yes _No
If no, attach a letter granting permission from th~
owner.

d. Will a disposal area be available for future
maintenance? Yes No
If yes, where?

,
Q\JoEf:t'J IhvN~S R\MCNCN' SH, t'~{trtLc....
12.eC<:N~ ?tl.II'J\!C1

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Signature )
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Form DCM-MP-2

e. Does the disposal area include any coastal wetlands
(marsh), SA Vs or other wetlands?
_Yes ~No

f. Does the disposal include any area in the water?
.ll..- Yes No

3. SHORELINE STABILIZATION

,a. Type of shoreline stabilization
_ Bulkhead Riprap

b. Length

c. Average distance waterward of MHW or NWL

d. Maximum distance waterward of MHW or NWL

e. Shoreline erosion during preceding 12 months

(Sourct of information)

f. Type of bulkhead or riprap material

g. Amount of fill in cubic yards ~ be placed below
water level
(I) Riprap
(2) Bulkhead backfill

h. Type of fill material

i. Source of fill material

4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)

a. Will fill material be brought to site?
Yes No

Rnised 03/95

If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area

(3) Purpose of fill

b. Will fill material be placed in coastal wetlands
(marsh), SA Vs or other wetlands?
_Yes ~No
If yes,
(I) Dimensions of fill area

(2) Purpose of fill

5. GENERAL

a. How will excavated or fill material be kept on site
and erosion controlled? E1t CA"~ fl1A'-i\-"'1tl IlL. S
W1Ll.~e' ?v""I'~,WTO Aw A-tmF(lc."1.~1)"I:1t't'
5 I.(..s~ 141\11> Au.ow~ 1"'0 (2.~ltN T\I 11..."..
'i3 0110 no, 11+ /2.0 v CrH ~ lo\IA-i'\:"'tt. Co 0'- v,.. tV .

b. What type of construction equipment will be used
(for example, dragline. backhoe, o'r hydraulic
dredge)? I,
"3" !nvv ~ H-l(glZ./WLI (.. IWIJVc..-nON
u(2.","\) (...\E' S'f S 1\:."'W\

C. Will wetlands be cnssed in transporting equipment
to project site? _ Yes ~ No
If yes, explain steps that will be taken to lessen
environmental impacts.

l\jiorehead City DCful

CAMA APPLICATION: DESCRIPTION OF EXCAVATION FOR THE QUEEN
ANNE'S REVENGE SHIP\VRECK RECOVERY PROJECT, BEAUFORT INLET,
CARTERET COUNTY
Mark Wilde- Ramsing
NC Underwater Archaeology Branch
February 4, 2005

Bottom disturbing activities proposed for the Queen Anne's Revenge Recovery Project
will involve the archaeological excavation of 10 X 10 X 3 foot units in and around the
shipwreck site, During excavation all sediment and artifacts will be removed down to a
culturally sterile layer, which varies from 6 inches to 4 feet and averages 3 feet. SCUBA
divers using hydraulic induction dredge systems \-vill form the excavations. During this
process sediments will be carefully removed and carried through 3-inch or 6-inch hoses
to a containment area, either on the surface or on the bottom outside the shipwreck,
where the outfall will be straine~ and sluiced to capture artifacts, When possible the
filtered spoils will ,be used to backfill the excavated portions within the shipwreck site,

Overall, 2,200 cubic yards of sand and cultural materials will be removed from the
seabed during the recovery project. Archaeological excavations at the site will be
conducted over the course of 5 years with a maximum of 4 months annually during a
period prior to June 1st or after September 1 st. It is estimated that excavations will proceed
at a maximum rate of two 10 X 10 foot units per week during fieldwork. Excavations will
be confined to daylight hours and will be intermittent throughout the day, allowing breaks
for archaeologists to check progress, examine structural features and document artifacts
ill situ. After excavation and artifact removal, spoils materials will be returned bringing
each unit back to seabed grade.

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