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Home My WebLink About20061327 Ver 3_Other Agency Comments_20130802REPLY TO ATTENTION OF Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 -1343 Action ID No SAW- 2012 -00086 July 30, 2013 Mr Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 -3421 Dear Mr Huggett- o�D -�3a.7( u3 AUG - 20113 Reference the application of REDUS NC Land, LLC Watermark Landing Marina to construct the Watermark Landing Community Marina and a timber access bridge, at the Watermark Landing Subdivision, adjacent to the Cape Fear River, at 8400 River Road, Wilmington, New Hanover County, North Carolina 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. 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 implementation 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 of the 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/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work -2- 3 Except as specified in the plans attached 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, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands 4. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 5 Dredging, including "kicking" with boat propellers is not authorized 6 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 7 Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 8 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 (919) 733 -5083, Ext 526 or (800) 662 -7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed 9 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 10. 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 -3- 11. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 12 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 of the work authorized by this permit 13 Approval of the structure was based on determinations that there would be no obstruction to navigation Under conditions existing in the Atlantic Intracoastal Waterway (AIWW), a possibility exists that the structure may be damaged by wave wash from passing vessels. Unreasonable slowing down of vessel traffic cannot be required because it would tend to nullify the navigational benefits on which the AIWW was justified 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 normally to be expected in the AIWW 14 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 15 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 (North Carolina General Statutes Chapter 113A Article 4) 16 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 17. 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 In 18 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 19. Questions or comments may be addressed to Mr. Dave Timpy, Wilmington Field Office, Regulatory Division, telephone (910) 251 -4634. S' erely, David L. Timpy, Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (with enclosure) Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699 -1650 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 National Marine Fisheries Service Habitat Conservation Service Pvers Island Beaufort, North Carolina 28516 -5- Mr Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412 -9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303 -8960 BOSN3 Joseph M Edge United States Coast Guard Sector North Carolina Waterways Management 2301 E Fort Macon Rd Atlantic Beach, North Carolina 28512 Ms Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Chad Coburn Division of Water Quality North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Ext Wilmington, North Carolina 28405 "Al oF CC, ��9n UNITED STATES DEPARTMENT OF COMMERCE o m National Oceanic and Atmospheric Administration NATIONAL. MARINE FISHERIES SERVICE z c0 Southeast Regional Office R�"rAres of ° 263 13th Avenue South St Petersburg Florida 33701 -5505 http l+sero nm{s noaa gov July 23, 2013 F /SER47:FR/pw (Sent via Electronic Mail) Colonel Steven A Baker, Commander RECEIVED US Army Corps of Engineers Wilmington District 69 Darlington Avenue JUL 2 6 2013 Wilmington, North Carolina 28403 -1398 R60. WIIdN. F4D. OFC. Attention David Tima Dear Colonel Hall• NOAA's National Marine Fisheries Service (NMFS) reviewed public notice SAW- 2012- 00086, dated June 19, 2013, that indicates REDUS NC Land, LLC, proposes to construct the 48 -slip Watermark Landing Community Marina and a timber access bridge associated with the proposed Watermark Landing Subdivision adjacent to the Cape Fear River in New Hanover County The Wilmington District's initial determination is that the proposed marina and access bridge may adversely impact essential fish habitat (EFH) or associated fisheries managed by the South Atlantic Fishery Management Council, Mid - Atlantic Fishery Management Council, or NMFS As the nation's federal trustee for the conservation and management of marine, estuarine, and diadromous fishery resources, the following comments and recommendations are provided pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act) In general, NMFS favors community docks or marinas over single- family docks because of the potential to reduce the cumulative impact to salt marsh and intertidal areas while still providing the public with access to coastal waters A survey of the site shows no submerged aquatic vegetation present, and the state field investigation report concludes the proposed marina design is consistent with the standards set forth in 15A NCAC 07H 0208(b)(5)(A) -(Q) The marina would be in a state - designated Primary Nursery Area (PNA), which makes the location a Habitat Area of Particular Concern (HAPC) under the South Atlantic Fishery Management Council's fishery management plans for shrimp, snappers, and groupers, please see Fishery Ecosystem Plan of the South Atlantic Region for additional information about HAPCs (this plan is available at www safmc net) NMFS has no objection to the proposed community marina provided no dredging is authorized and the applicant is aware that future dredging at the site is unlikely to be authorized This recommendation is consistent with the extra protection warranted for HAPCs and with the provisions of 15A NCAC 07H 0208 that indicates no new dredging or excavation within the PNA will be allowed, including "kicking" with boat propellers none Thank you for the opportunity to provide these comments Related questions or comments should be directed to the attention of Mr Fritz Rohde at our Beaufort Field Office, 101 Pivers Island Road, Beaufort, North Carolina 28516 -9722, or at (252) 728 -5090 / for CC. COE, David L Timpy @usace army.mil USFWS, Pete _Benjamin @fws gov NCDCM, Doug.Huggett@ncmail net NCDMF, Anne Deaton @ncdenr gov EPA, Fox Rebecca @epa gov SAFMC, Roger Pugliese @safmc net F /SER4, David.Dale @noaa.gov F /SER47, Fritz Rohde @noaa gov 2 Sincerely, Virginia M Fay Assistant Regional Administrator Habitat Conservation Division RECEIVED JUL 2 6 20B Mo. VOM. no, 9M