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HomeMy WebLinkAbout20090960 Ver 1_CAMA Application_20090902AKW ?. 09-0960 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary t;ZIL r= September 1, 2009 S E P - 2 2009 MEMORANDUM UENR - WATER QUAUTV TO: Cyndi Karoly MUM AND sTORMWATER BRANCH Environmental Biological Supervisor Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: The US Fish & Wildlife Service/The Nature Conservancy Project Location: Pamlico Sound off of Point Peter Road near Stumpy Point, Dare Co. Proposed Project: Construction of oyster reef/breakwater Please indicate below your agency's position or viewpoint on the proposed project and return this form by 09/22/09 to 400 Commerce Avenue, Morehead `City, NC 28557. If you have any questions regarding the proposed project, please contact Claudia Jones at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: 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 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 l FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net One NorthCarolina An Equal Opportunity 1 Affirmative Action Employer Aaturallt MAJOR PERMIT FEE MATRIX Applicant: The Nature Conservancy Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) 1. Private, non-commercial development that does not $250 100%($250) 0%($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial 0 development that does not $400 100%($400) 0%($0) involve the filling or excavation of any wetlands or open water 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, B, C, or D below applies: III(A). Private, non- El commercial development, if $250 100%($250) 0%($0) General Water Quality Certification No. 3490 (See attached can be applied: III(B). Public or commercial F] development, if General $400 100%($400) 0%($0) Water Quality Certification No. 3490 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60%($240) 40%($160) 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60%($240) 40%($160) 3490 (see attached) cannot be a lied: IV. For development that involves the filling and/or $475 60%($285) 40%($190) excavation of more than one acre of wetlands and/or open water areas: DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NANIE: U.S. Fish and Wildlife Service/ Nature Conservancy 2. LOCATION OF PROJECT SITE: The site of the proposed project is in the Pamlico Sound off of Point Peter Road near Stumpy Point. Point Peter Road is a gravel road off of Highway 264, 7 miles south of the intersection of highway 64/264 within the Alligat' zr River National Wildlife Refuge. 3. 4. 5. Photo Index - 2006: 178-8936 (C5, C6) 1995: 178-1837 (E2-E4) State Plane Coordinates - X: 2966475 Y:750829 Rover File: B081816A USGS Map: Wanchese (middle left) INVESTIGATION TYPE: CAMA and D&F INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 18, 2009 Was Applicant Present-No PROCESSING PROCEDURE: Application Received Complete - August 26, 2009 6. SITE DESCRIPTION: (A) Local Land Use Plan - 2003 Dare County Land Use Plan Land Classification from LUP - Conservation (B) AEC(s) Involved: Estuarine Waters, Public Trust Area (C) Water Dependent: Yes (D) Intended Use: Erosion control/habitat creation/research (E) Wastewater Treatment: N/A (F) Type of Structures: Existing - Gravel road to water Planned - Marl breakwater/sills (G) Estimated Annual Rate of Erosion: lfoot/year Source -Applicant 7. HABITAT DESCRIPTION: [AREA, square feet (SF)] DREDGED FILLED SHADED (A) Estuarine Waters / None Public Trust Area 4,000 sq. feet None (B) Estuarine Shoreline / None None None Uplands (C) Total Area Disturbed: 4,000 square feet (0.09 acre) Field Investigation Report Point Peter Road Oyster Restoration Project- Dare County Page 2 (D) . Primary Nursery Area: No (E) Water Classification: SA (commercial shellfishing) 8. PROJECT SUMMARY: The applicant proposes to construct an oyster reefibreakwater in the Pamlico Sound adjacent to the Alligator River National Wildlife Refuge near Stumpy Point. Project Setting The proposed oyster reef/breakwater will be constructed in waters of the Pamlico Sound adjacent to the Alligator River National Wildlife Refuge on the Dare County Mainland. The location is in between Mann's Harbor to the North and Stumpy Point to the south, just north of the eastern terminus of Point Peter Road. Point Peter Road is a gravel road within the Refuge boundary that goes from Highway 264 to the Pamlico Sound. It is located approximately 7 miles south of the 64/264 intersection. Alligator River National Wildlife Refuge consists of 152,000 acres of forested, scrub shrub, and herbaceous wetlands on mainland Dare and Hyde counties. The shoreline along the Refuge's Croatan/Pamlico Sound interface is natural. The closest adjacent property owners are approximately 6.5 miles to the north and 4 miles to the south. Areas of Coastal Wetlands (primarily Spartina patens, Distichlis spicata, Cladium jamaicense), and 404 wetlands (composed predominately of Baccharis halimifolia, Morella cerifera and Phragmites australis) are located immediately landward of the project site. These Coastal Wetlands are part of an extensive area of herbaceous, shrub, and forested wetlands that extend for hundreds of acres. There is an approximately 10-foot wide ditch parallel to Point Peter Road to the north and a 40-foot wide canal along the south side of the road. The water depths in the project area range from 2 feet to 6 feet. The water depth where the sills are to be constructed is approximately 4.5 feet. The bottom substrate is sand. The waters of this portion of the Pamlico Sound are classified as SA and are open to commercial shellfishing. The shoreline in the project area is composed primarily of peat that is eroding in an irregular manor. At the end of Point Peter Road a 10-20 foot finger of peat juts out into the sound almost 100 feet. No submerged aquatic vegetation (SAV) was observed in the project area. Project Description The applicant proposes to construct an oyster reef/breakwater by installing a series of four sills each approximately 100 feet long x 10 feet wide and 5 feet tall. There will be three approximately 10-foot breaks between the individual components for a total length of 430 feet. The sills will be constructed parallel to the shoreline about 95 feet offshore. The sills will be located in water that averages 4.5 feet deep and will be about 0.5 feet above the NWL (normal Field Investigation Report Point Peter Road Oyster Restoration Project- Dare County Page 3 water level). The sills will be constructed of Class B riprap marl. The marl will be stored on a gravel portion of Point Peter Road and accessed by barge from the adjacent canal. Construction of the sills will be from the barge. The purposes of the project are to create oyster habitat, reduce erosion, and to create a protected shallow-water area to potentially allow the establishment of submerged aquatic vegetation (SAV). The Nature Conservancy is looking at this as a pilot/experimental project to study the potential effectiveness of using marl/shell reefs to increase the ability of near shore habitats and their ecological communities to adapt to sea level rise. An area of about 0.5 acres surrounding the area where the structure will be located has been designated as a Research Sanctuary by the Division of Marine Fisheries. Stakes and signs posted by the applicant will mark the area closed to fish and shellfish harvest. The Research Sanctuary designation was effective February 5, 2009 and is en effect for one year subject to renewal. 9. ANTICIPATED IMPACTS It is anticipated that the proposed development will cause the following impacts: •Construction of the sill will result in the filling of 4,000 SF (0.09 acre) of Public Trust Area and Estuarine Water bottom AECs. *The construction will result in temporary turbidity in the immediate project area. *It is anticipated that the impacts stated above will be offset by creation of fish/oyster habitat/ and if successful, reduction of erosion along the shoreline. *There is the potential for the marl to be moved by high wave energy. •A review of available maps indicates that no archaeological sites are located in the immediate vicinity of the proposed development. Submitted By: Claudia Jones Date: ...... • • • August 26, 2009 ' K Ul 2 Point Peter Road Oyster Reef Sanctuary Dare County, North Carolina May 1, 2009 Protect Description a) This is a pilot project to determine the efficacy of building shell and limestone reefs in a high-energy estuarine shoreline environment in order to: (i) restore native oyster habitat, (ii) create conditions under which new shallow-water habitat can become established and (iii) increase the resilience of shallow-water and shoreline ecological communities to sea-level rise. The waters associated with this project connect to navigable water through the Pamlico, Croatan, and Albemarle Sound. b) The project is situated in the waters of Pamlico Sound along the shoreline of Alligator River National Wildlife Refuge near Point Peter Road in Dare County, North Carolina. This project will provide habitat for native oysters (Crassostrea virginica) and for dozens of other species that use oyster reefs during various stages of their life cycles. In addition, by baffling wave energy, the reefs should also create conditions that lead to the gradual development of a sheltered, shallow-water habitat in the area between the reef and shoreline. This sheltered zone should provide the habitat requirements - i.e., reduced turbulence, improved light penetration and sediment accretion - needed by several species of submerged aquatic vegetation (SAV), particularly widgeon grass (Rupia maritima). This shallow-water zone would provide habitat for many species of fish and invertebrates that use SAV beds to varying extents as nursery, refuge, foraging and spawning locations. Finally, both oyster reefs and SAV beds should have a stabilizing effect on substrate and the nearby shoreline by absorbing wave energy, buffering nearshore turbulence and reducing erosion. Permission is sought for constructing of oyster reefs located near Point Peter Road in the Pamlico Sound The work would be completed as follows: Construction Requirements The proposed oyster reef will be constructed according to the following requirements: • The reef material will be place in side the designated Division of Marine Fisheries Research Sanctuary proclamation area. • Contractual barge work will deploy the marl for reef construction from Point Peter Road. • Pilings will be pumped in the ground on all corners of the designated sanctuary to insure posting for designation of Research Sanctuary. • All navigational signs will be posted in accordance to Coast Guard Regulations to ensure safety of all vessels. Site Inspection A site inspection by Division of Marine Fisheries was conducted December 17, 2008. The area is approximately 0.2 hectares located near Point Peter in Pamlico Sound and is approximately 25 meters from shore in .61 - .91 meters of water. No issues were found during site visit and an Oyster reef Research Sanctuary permit was issued on February 5, 2009 (see attachment). Duration. It is the intent of the Refuge that the construction phase of this project should occur within 90 days, once approved. Timin . To minimize adverse impacts on recreational usage of the refuge on the existing road, only the sound access area of Point Peter Road would be closed during the construction phase of the project. Maintenance. The Refuge will conduct inspections of the oyster reef sanctuary. In addition, The Nature Conservancy will do routine monitoring to observe and record productivity on the reef site as well as perform all regularly needed maintenance will be to insure navigation safety. Hem MP-1 APPLICATION for Major Development Perm (last revised 12/27/06) oA-0960 rJU112 0 9 North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Untited States Fish And Wildlife Service Point Peter Shoreline oyster reef project Applicant 1: First Name MI Last Name Dennis Stewart Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State Alligator River national wildlife Refuge 1969 Manteo NC ZIP Country Phone No. FAX No. 27954 Dare 252-473-1131 ext. 231 252 - 473 - 1668 Street Address (if different from above) City State ZIP 708 North Hywy 64 Manteo NC 27954- Email dennis_stewart@fws.gov _ n IW1i"-1 gI6AII X11 IS III] 2. Agent/Contractor Information Business Name The Nature Conservancy DEER- WATER QUALITY Agent/ Contractor 1: First Name MI Last Name Aaron J Mccal I Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 701 West Ocean Acres Drive Kill Devil Hills NC ZIP Phone No. 1 Phone No. 2 27948 252 - 441 - 252 5 ext. 27 910 - 391 - 7862 ext. FAX No. Contractor # 252 441 1271 Street Address (if different from above) City State ZIP Email ajmccall@tnc.org <Form continues on back> o --. k Form DCM MP-1 (Page 2 of 4) i_ 2 r J f; l APPLICATION for Major Development Permit 3. Project Location , 0 : A I IL" NAGEN1 ., County (can be multiple) Street Address State Rd. # Dare Point Peter Road off of Hwy 264 Subdivision Name City State Zip None Manns Harbor NC 27953- Phone No. Lot No. (s) (if many, attach additional page with list) - - ext. 028268000, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank River Pamlico Sound 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 Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed []Yes ®No work falls within. District [09] - Manns Harbor 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 32442' 31597.96 acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 31597.96 acres, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 1-2' ?NHW or ®NWL e. Vegetation on tract Brachish Marsh, Pond Pine Poccosin, and Gum and Cypress Poccosin Swamp f. Man-made features and uses now on tract Point Peter, Has a gravel road leading down to the Croatan Sound with a man made ditch that drains the swamps into the sound: .. g. Identify and describe the existing land uses adjacent to the proposed project site. The land adjacent to the project site is managed and owned by USFWS and is desistanted as a refuge wich is open to the public during certain hunting seasons h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? National Wildlife Refuge (Attach zoning compliance certificate, if applicable) []Yes ?No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ?NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ?No ®NA National Register listed or eligible property? <Form continues on next page> Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ?No (ii) Are there coastal wetlands on the site? ®Yes ?No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ?Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. none o. Describe existing drinking water supply source. none p. Describe existing storm water management or treatment systems. Man made ditch system predates this project. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ?Commercial ®Public/Government ?Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. This is a pilot project to determine the efficacy of building shell and limestone reefs in a high-energy estuarine shoreline environment in order to: (i) restore native oyster habitat, (ii) create conditions under which new shallow-water habitat can become established and (iii) increase the resilience of shallow-water and shoreline ecological communities to sea-level rise. 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. • The reef material will be place in side the designated Division of Marine Fisheries Research Sanctuary proclamation area. • Contractual barge work will deploy the marl for reef construction from Point Peter Road. One barge and a back hoe. d. List all development activities you propose. Building a limestone oyster reef in a high-energy estuarine shoreline environment. e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? .5 ?Sq.Ft or ®Acres g . Will the proposed project encroach on any public easement, public accessway or other area ?Yes ®No ?NA that the public has established use of? h . Describe location and type of existing and proposed discharges to waters of the state. There is a dicth that runs under Highway 264 out along Point Peter Road that drains the swamp at Alligator River Refuge and discharges into the Croatan Sound just South of the proposed site location. i. Will wastewater or stormwater be discharged into a wetland? ?Yes ?No ®NA If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ®NA j. Is there any mitigation proposed? ?Yes ®No ?NA If yes, attach a mitigation proposal. <Form continues on back> Form DCM MP-1 (Page 4 of 4) APPLICATION for f,L' 2 0 7,1711 Major Development Permit 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) - (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. 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 United States Fish and Wildlife Services [Alligator River National Wildlife Refuge] Phone No. 252-473-1131 Address P.O. Box 1969 Manteo, NC 27954 Name Phone No. Address Name 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. Research Sancuary RS-1-2009 (see attachment) 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 described in the application. The project will be subject to the conditions and restrictions contained in the 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 follow-up monitoring of the project. I further certify that the information provided in this applications his truthful to the best of my knowledge. Date `?? 2Q0 Print Name Akrba m c C??? c Signature 'A 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 ®DCM MP-4 Structures Information TU2Q p 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. nPSrrihe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Other Access Rock (excluding Channel Canal Boat Basin Boat Ramp Rock Groin Breakwater shoreline (NLW or stabilization NWL gth 400' th F 10' . Existing NA NA Depth Final Project NA NA Depth 9. EXCAVATION 9This 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. (i) Does the area to be excavated include coastal wetlands/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 ?SB ?WL ?None (ii) Describe the purpose of the excavation in these areas: d. High-ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL 9LThis section not applicable- a. Location of disposal area. b. Dimensions of disposal area. C. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ?Yes ?No ?NA ?Yes ?No ?NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ?Yes ?No ?NA or other wetlands (WL)? If any boxes are checked, provide the (ii) If yes, how much water area is affected? number of square feet affected. ?CW ?SAV ?SB ?WL ?None (ii) Describe the purpose of disposal in these areas: 3. SHORELINE STABILIZATION [This section not applicable (If development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: [Bulkhead ?Riprap ®Breakwater/Sill [Other: c. Average distance waterward of NHW or NWL: 95' e. Type of stabilization material: marl g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill 4,000 Other i. Source of fill material. New Bern U. LClll?li i. YvV Width: 10' d. Maximum distance waterward of NHW or NWL: 110' f. (i) Has there been shoreline erosion during preceding 12 months? ®Yes ?No ?NA (ii) If yes, state amount of erosion and source of erosion amount information. 12" h. Type of fill material. marl 4. OTHER FILL ACTIVITIES 'J This section not applicable (Excluding Shoreline Stabilization) a hi Will fill material be brouaht to the site? ?Yes ?No ?NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), if yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Fill material will be keep on gravel road at Point Peter c. (i) Will navigational aids be required as a result of the project? ?Yes NNo ?NA (ii) If yes, explain what type and how they will be implemented. No but the four corners of the research sancuary will be marked as well as notice that there are oyster reef in the area. suomergea aquatic vegerauun tomv), anon VVLLVIiI k-1, V, other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW [:1SAV ?SB ?WL [None (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Backhoe and Barge d. (i) Will wetlands be crossed in transporting equipment to project site? ?Yes ®No ?NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. July 30, 2009 Aaron McCall Applicant Name Date /_' i /e ? Point Peter Oyster reef Resoration ?-I Applicant Signature Project Name Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) 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. 1. DOCKING FACILITY/MARINA CHARACTERISTICS 0This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? []Commercial []Public/Government []Private/Community ?Yes ?No c. (i) Dock(s) and/or pier(s) (ii) Number (iii) Length (iv) Width (v) Floating ?Yes ?No e. (i) Are Platforms included? ?Yes ?No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ?Yes ?No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed (ii) Number of slips existing d. (i) Are Finger Piers included? ?Yes ?No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ?Yes ?No f. (i) Are Boatlifts included? ?Yes ?No If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ? Full service, including travel lift and/or rail, repair or maintenance service ? Dockage, fuel, and marine supplies ? Dockage ("wet slips") only, number of slips: ? Dry storage; number of boats: ? Boat ramp(s); number of boat ramps: ? Other, please describe: i. Check the proposed type of siting: ? Land cut and access channel []Open water; dredging for basin and/or channel []Open water; no dredging required []Other; please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). k. Typical boat length: I. (i) Will the facility be open to the general public? ?Yes ?No m. (i) Will the facility have tie pilings? ?Yes []No (ii) If yes number of tie pilings? 2 `o 2 2. DOCKING FACILITY/MARINA OPERATIONS a. Check each of the following sanitary facilities that will be included in the proposed project. ? Office Toilets ? Toilets for patrons; Number: ; Location: ? Showers ? Boatholding tank pumpout; Give type and location: 0This section not applicable b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin flushing? 1. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ?Yes ?No fait 2 n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ?Yes ?No o. Is the marina/docking facility proposed within or adjacent to coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL ?None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ?Yes ?No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) a. (i) Is the boathouse structure(s): ?Commercial ?Public/Government ?Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g.,:wood, sheetpile, etc.) a. Length (420' long installed in 4- 100' sections with 5' breaks in between for fish passage) c. Maximum distance beyond NHW, NWL or wetlands 110 [This section not applicable 0 This section not applicable ?This section not applicable b. Average distance from NHW, NWL, or wetlands 95 feet i. MOORING PILINGS and BUOYS El This section not applicable a. Is the structure(s): b. Number ?Commercial ?Public/Government ?Private/Community c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines None on Alligator River Refuge property b. Proximity of structure(s) to adjacent docking facilities. none Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body d. Water depth at waterward end of structure at NLW or NWL From shoreline due North east the Croatan sound is 5 4-6 feet miles wide From shoreline to Roanoke Island (Wancheses nearest land mass) is 5 miles e. (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. 8. OTHER []This section not applicable a. Give complete description: An marl sill along 420 feet of estuarine shoreline will be created using Class B rip rap marl. The marl will be placed in the sound parallel to the shoreline. A total of four 100 foot sections, 6-10' wide and 5-6 feet tall will be placed in the sound with 5' fish passage between the sections. The marl will be put on site using a burge . The sill will be no more than 6" above NHW. The sill will end no more than 100' waterward of NWL. July 7, 2009 Date Point Peter Shoreline Oyster reef Restoration Project Project Name Aaron McCall (The Nature Conservancy) Applicant Name Applicant Signature r 05 f ? qrr/ yy RESTORATION EVALUATION PLAN Project Name: Oyster reef restoration to develop near shore shallow-water habitat complexes and increase shoreline resilience to sea-level rise Project Proponent: Aaron McCall Project Goals: Construct two to four fringing reefs near and parallel to the Albemarle-Pamlico Peninsula shoreline Reduce turbulence, wave energy, and erosion rates along the shoreline. Establish a multi-generational functioning native oyster reef Structural Objective: Construct two to four artificial reefs. Parameter: 1) Length and height of linear high relief oyster reefs (1-2 meters of height and 30-60 meters in length). Technique for Measurement: 1) GPS/mapping programs and field site visits to measure reef location and size. Baseline: 0 linear high relief oyster reefs Reference: N/A Target: 30 to 60 meters of linear high relief oyster reefs with a height of 1-2 meters Timing: March 2009 Structural Objective: Minimized shoreline erosion in project area Parameter 2) Erosion or sedimentation rate of fringing marsh behind linear oyster reefs Technique for Measurement: 2) Change in marsh edge using rebar reference sticks Baseline: Marsh edge monitored 7 months before and at time of reef building Reference: Control marsh in proximity to project area were linear reefs have been built. Target: Demonstrable difference in loss / gain of marsh in control vs. linear reef sites Timing: Semi-annual assessment up to 18 months post reef building (I am currently in discussion with Barry Truitt and Peter Kingsley-Smith at TNC coastal VA. site about methodologies for assessing shoreline erosion rates and protection.) In. ._ _n it _IJ ti Functional Objective: Establish a multi-generational oyster reef community Parameter: 1) Oyster density (live oyster per meter sq) and oyster length (measured in mm) Technique for Measurement: 1) Measurements will be taken via snorkeling/SCUBA twice a year using quadrats and calipers Baseline: Post construction numbers early fall 2009 Reference: Compare to public oyster beds in area (are not high relief oyster reefs) Target: Density of at least 50 individuals per square meter Timing: Semi-annual monitoring ending 2010 Functional Objective: Begin to reestablish native oyster reef biodiversity Parameter 2) Presence of native reef dwelling species(flora and fauna) Technique for Measurement: 2) Observations/ pictures will be taken via snorkeling/SCUBA twice a year Baseline: Post construction numbers early fall 2009 Reference: Compare to public oyster beds in area (are not high relief oyster reefs) Target: 20 native reef dwelling species by 2010 Timing : Semi-annual monitoring ending 2010 RS-1-2009 RE: RESEARCH SANCTUARY PROCLAMATION Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 6:00 A.M., Thursday, February 5, 2009 the following area is declared a RESEARCH SANCTUARY and IS CLOSED to all fishing equipment: 1. AREA DESCRIPTION: DARE COUNTY Pamlico Sound, Point Peter An area of approximately 0.5 acre bound by the following points and delineated by four stakes and signs. 1. 35° 46.2400'N - 75° 44.4813'W 2. 35° 46.1856'N - 75° 44.4477'W 3. 35° 46.2328'N - 75° 44.4947'W 4. 35° 46.1831'N - 75° 44.4598'W II. GENERAL INFORMATION: A. This proclamation is issued under the authority of G.S. 113-170.4; 113-170.5; 113-182; 113-221.1; 14313-289.52; and N.C. Marine Fisheries Rules 15A NCAC 3H .0103 and 31.0109. B. It is unlawful to violate provisions of any proclamation issued by the Fisheries Director under his delegated authority pursuant to N.C. Marine Fisheries Rule 15A NCAC 3H .0103. C. Stakes and signs posted by the applicant will mark the area closed to fish and shellfish harvest. D. N.C. Marine Fisheries Rule 15A NCAC 31.0109, specifies that Research Sanctuaries may be in effect for one year, subject to renewal at the end of that year. E. This action is being taken to allow the Nature Conservancy to conduct research on oyster reef restoration. By: February 3, 2009 11:30 A.M. RS-1-2009 /sab Dr. Louis B. Daniel III, Director Division of Marine Fisheries 115 copies of this public document were printed at a cost of 10 cents per copy. ray •e?? ? t`? «, r County of Dare, North Carolina Owner Information: U S GOVERNMENT UNKNOWN Parcel Information: Parcel: 028268000 PIN: 975800095364 District: 09 - MANNS HARBOR Subdivision: SUBDIVISION - NONE LotBlkSect: Lot: FISH & WILDLIFE Blk: Sec: Multiple Lots: - IPlatCabSlide: PL: SL: Units: 0 j Deed Date: 3/15/1984 BkPg: 0364/0211 Property Use: Vacant Land-Federal Govt 0 HWY 64/264 BUILDING USE and FEATURES Building Billing Value: $0 BUSE. Exterior Walls - Actual Year Built: Interior Walls - Baths: Floors - Bedrooms: ;Roof Cover FINISHED SQ FT: *please see notes below* I Roof Structure l Heat-Fuel Heat-Type Air Conditioning MISCELLANEOUS USE Misc Billing Value: $0 Muse l Muse2: i Muse3: Muse4: Muse5: LAND USE Land Billing Value: $0 ILUSE: Residual Acreage Luse2: Marsh Acreage Luse3: Luse4: 1Luse5: Luse6: LAND AREA: *please see notes below 31597.96 Acres Total Billing Value: $0 I *The Finished Square Footage of the building(s) and the Land Area information is based on data in the Tax Appraisal program as of January 2009, and will be updated at least twice a year. therTaunheated and has interior finish. The *Finished Square Footage indicates the area of a building that is heated x Appraisal program Usually each I' finished square footage is shown for up to 3 drawing per parcel from drawing denotes one building. Larger, or more involved buildings sometimes require two or more drawings in the Tax • .......... _.. ._. ._._....-._ ... he program, and in these cases the finished square footage of these drawings will need to be added together or the total finished area. The Appraisal o ffice can confirm whether a building involves more than one drawing. ,Parcel: 028268000 Owner: U S GOVERNMENT ;PIN: 975800095364 Owner2: St#: 0 Dir: Addr: HWY 64/264 Addr: 'District: [09 ] MANNS HARBOR Addr: UNKNOWN Subdiv: [0000] SUBDIVISION - NONE Own nature: 'LotBlkSect: Lot: FISH & WILDLIFE Blk: Deed Date: 3/15/1984 #Sec: Deed Bk/Pg: 0364/0211 MultipleLots: - PlatCabSlide: PL: SL: Units: 0 POSE: [0040]Vacant Land-Federal Govt Status: E Item Current Value 2008 Tax Levy Value Land Value: 0 _ 10706800 Building Value: 0 0 0 'Misc Value: 0 GROSS REAL ESTATE VALUE: 0 10706800 Searc - h Site Index I Homeland Security I Privacy Statement I Accessibility q .p United States Department of the Interior FISH AND WILDLIFE SERVICE Alligator River National Wildlife Refuge Pea Island National Wildlife Refuge post office Box 1969 Manteo, North Carolina 27954 (252) 473-1131 473-1668 (fax) June 18, 2009 To state agencies, federal agencies, and other interested parties: This correspondence is to advise your office that the Alligator River National Wildlife Refuge is working cooperatively with The Nature Conservancy North Carolina Chapter on a project designed to evaluate management options for our landscape on and adjacent to the refuge in the face of rising sea level. This cooperative partnership will result in an initial project involving creation of oyster reefs offshore from the refuge, installing water control structures in a man-made-canal to regulate salt water intrusion into the refuge and freshwater pulses off the refuge, planting tree species more tolerant of low salinity levels to build habitat resilience into the ecosystem, and monitoring. Knowledge gained from this project may serve to facilitate other adaptive management strategies on a local, regional, or global scale. If you have questions about this project, please contact Dennis Stewart, Refuge Biologist at (252) 473-1131 x231 or Brian Boutin of The Nature Conservancy North Carolina Chapter at (252) 441-2525. Sincerely, -;v - 40t , A4 Mike Bryant, Project Leader North Carolina Coastal Plain Refuges Complex Point Peter Oyster Reef Restoration Project 1 cry 1.- C4 C-D 0 o 0 a (D D cil W C.,. o V1 z' I I ? I I 9 w C7? d b d ? d U ? ? ? ? rd v? CD 0 ?z . `= . C'Q 'D'>0 n O ! r+ "tJ ~ V p O `C O ff' cn ( C ^ ~ b CD O On m o CD CAD CAD o `O O Sy .? O N n CA o a crQ 0 N N (h a_ ?S ? r .:J fjJ ,A3, At rAANAGFAVJHN, Rtrtbpffi C:it prL . f.l North Pamlico Sound *- 4' ?'ZN *- 6' 100' 10' Marl Oyster reefs to be created Point Peter road Canal Title: Point Peter Oyster Reef Restoration Applicant: The Nature Conservancy Drawn by: Aaron McCall Date: August 11, 2009 Scale 1" = 50'