20000319 Ver 3_USACE CL-31_20200626

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
June 29, 2020
Regulatory Division
Action ID No. SAW 2012-00965
Mr. Jonathan Howell
North Carolina Department of
Environmental Quality
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Howell:
Reference the application by Wilmington Waterfront Property Owner, LLC to construct a
new steel bulkhead 257 linear feet in length (area 257 square feet) along the left descending bank
of the Northeast Cape Fear River (NECFR), and to remove some of the existing rip -rap bank
stabilization material and to haul this material off -site to an upland disposal site. Impacts will
include 257 square feet of fill for the bulkhead and 1,250 square feet of rip -rap removal in
estuarine waters of the NECFR.
The Federal agencies have completed review of the proposal as presented by the application
and your field investigation report.
We recommend that the following conditions be included in the State authorization:
Special Conditions
1. All work authorized by this permit must be performed in strict compliance with the submitted
plans, which are a part of this permit. Any modification to these plans must be approved by the US
Army Corps of Engineers (USACE) prior to implementation.
2. Atlantic and Shortnose Sturgeon: In order to protect these anadromous fish, no work will be
permitted between the dates of February 1 st and June 30th of any year without the prior approval
of the Corps.
3. Pile driving work for construction of the bulkhead must be accomplished by the "vibratory
hammer" method. If another method (such as "drop hammer") is required to install these pilings,
prior approval from the Army Corps of Engineers (ACOE) must be obtained so that the ACOE can

re-evaluate the Endangered Species Act effects determination.
4. Work in wetlands are prohibited during the dredging, material disposal, or any other aspects of
work associated with this project. All dredged material must be deposited on high ground.
5. The permittee must install and maintain, at his expense, any signal lights and signals prescribed
by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further
information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-
2191.
6. Approval of the structure is based on determinations that there would be no obstruction to
navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this
permit should not be construed, as relieving the permittee of taking proper steps to insure the
structure and moored boats will not be damaged by wave wash.
7. 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 Resources at [phone], Ext. 526 or
[phone] and provisions of the North Carolina Oil Pollution and Hazardous Substances
Control Act will be followed.
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 of this project with a
copy of this permit. A copy of this permit, including all conditions, shall be available at the project
site during construction and maintenance of this project.
10. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and
the immediate stabilization of all disturbed areas. Additionally, the project must remain in full
compliance with all aspects of the Sedimentation Pollution Control Act of 1973.
11. The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction -related discharge. Increases such that the turbidity
in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North
Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater
classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered
significant.
12. 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.

13. 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 http://www.fws. _ og v/nc-
es/mammal/manatee_ Quidelines.pdf.
14. 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 of the permittee's discovery of the violation.
Questions or comments may be addressed to Greg Currey, Wilmington Field Office,
Regulatory Division, by telephone at [phone] or by email at
[e-mail].
Sincerely,
CURREY.GREG Digitally signed by
CURREY.GREGORY.EU
ORY.EUGENE. GENE.1051011950
1051011950 Date:2020.06.29
11:32:44-04'00'
Greg Currey, Project Manager
Wilmington Regulatory Field Office
Attachment: Project Drawings
Copy Furnished by email with attachment:
Mr. Paul Wojoski
Division of Water Resources
North Carolina Department of Environmental Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Ms. Tara MacPherson
Mr. Gregg Bodnar
North Carolina Department of
Environmental Quality
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Pete Benjamin
U.S. Fish and Wildlife Service

Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr.Fritz Rohde
Ms.Twyla Cheatwood
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Dr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
Mr. Robb Mairs
Division of Water Resources
North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405