137-17 NC Coastal Federation

IPermit ;;lass
NEW
Permit Number
STATE OF NORTH CAROLINA 137-17
Department of Environmental Quality
and
Coastal Resources Commission
V,trk, mit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to North Carolina Coastal Federation 3609 Hwy 24 Newport NC 28570
Authorizing development in Carteret County at - in Westmouth Bay, at the end of Guthrie
Rd., near Harkers Island as requested in the permittee's application dated 8/8/17, including the
associated project narrative and attached workplan drawings (4), all dated "Ree DCM-MHD Citv 8/10/17"
This permit, issued on ' December 1, 2017 , is subject to compliance with the -application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
11 uiwe 1e11118 may oe suoJecr TO Ines, imprisonment or civil action; or may cause the permit to be null and void.
Marine Debris Removal/Habitat Restoration
1) The areas of the authorized disturbance footprint for the purposes of marine debris removal shall be
verified by a representative of the Division of Coastal Management prior to project commencement.
2) No excavation shall take place outside of the area indicated on the workplan drawings.
3) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
(See attached sheet for Additional Conditions)
J his permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2020
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Federation
ADDITIONAL CONDITIONS
Permit No. I37-17
Page 2 of 2
4j This permit was issued based upon at determination that while the area to be disturbed is immediately
adjacent to areas containing actively growing submerged aquatic vegetation (SAV) beds, the area of
proposed disturbance would not directly impact actively growing SAV beds. During all authorized
excavation events, the permittee shall implement all available precautions to ensure that damage to SAV
a beds does not occur.
The disposal of all marine debris shall be deposited in a properly approved upland disposal site.
-USACE Special Conditions
In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at hUD.//www.fws.aov/nc-es/manimal/manatee euidelines.ndf
General
This permit does not authorize the crossing of private property without prior approval.
This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
Any mitigative measures, environmental commitments and/or monitoring specifically made by the
applicant for this project in the permit application and/or project narrative shall be implemented,
,regardless of whether or not such commitments are addressed by individual conditions of this permit.
The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
This permit does not convey any rights, either in real estate or material.
FE:. The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit 27
(Action ID SAW-2017-02480) issued 11/30/17.
I'E: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4097 and assigned the project DWR Project No. 2017-1056.
.'E: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level.
E: An application. processing fee of $400 was received by DCM for this project.

DIVISION OF COASTAL MANAGEMENT
Application Processing Notes
Applicant:
Type: (check all that apply)
NewA- Major Mod_ Permit # Minor Mod_ Renewal_ Transfer_
Permit Coordinator:
Field Represe
Date Time Message
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Harkers Island Marine Debris Project
North Carolina Coastal Federation
Project Narrative
The North Carolina Coastal Federation is seeking a permit to carefully remove abandoned clam
aquaculture materials from approximately 31.5 acres of public trust bottom in Westmouth Bay,
on the north side of Harkers Island. This project is funded by a NOAA Marine Debris grant in
partnership with NOAA National Marine Fisheries Service, NOAA National Ocean Service, Duke
University, and NC Sea Grant.
The project site is littered with debris from a derelict clam aquaculture farm. Wood pilings, sand
bags, plastic mesh, PVC pipes, and other debris were left in the water when the business closed
many years ago. The debris is hazardous to marine life and people who may encounter it when
using these waters for recreation. It also has the potential to break loose and litter the
shoreline and other portions of Westmouth Bay and Straits.
While the overall site of the cleanup is 31.5 acres, much of the debris in this area will require
little effort to remove, and no effects to the bottom are anticipated. The federation and its
partners have located four areas, totaling�;9�4P`s uare feet (see map), where temporary
impacts of removal are more probable. In these areas aquaculture gear has become embedded
in the bottom and will require more disturbance to remove.
The federation proposes removing the debris in the winter, when the growing season has
ended and the water is clear. To the extent practicable, aquaculture debris will be removed by
hand using volunteers. A contractor will be hired to remove the larger or embedded debris
using barges and heavy machinery. The contractor will use methods that will minimally impact
the bottom environment, such as pulling material vertically rather than digging it out, when
possible. All material will be disposed of properly at the county solid waste facility. Any impacts
to the bottom will be temporary, as the area is subject to a steady current that will return the
bottom to its natural state quickly. The site will be monitored and surveyed through partnership
with the Duke Unmanned Aircraft Systems Lab before and after the debris is removed.
Monitoring and research associated with this project will document recovery of coastal habitat
within the project area. The results of this project will be used to develop guidelines for
prevention and removal of aquaculture debris.
RECEIVED
AUG 10 2017
DCM- MHD CITY

DO MP-1
APPLICATION for
Major Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
North Carolina Coastal Federation
Harkers Island Marine Debris Project
Applicant 1: First Name
MI
Last Name
Todd
Miller
Applicant 2: First Name
MI
Last Name
Bree
Tillett
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
3609 Hwy 24
Newport
INC
ZIP
Country
Phone No.
FAX No.
28570
252-393-8185 ext.
Street Address() different from above)
City
State
ZIP
Email
[e-mail]
2. Agent/Contractor Information
Business Name
Agent(Contractor 1: First Name
MI
Last Name
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
ZIP
Phone No. 1
ext.
Phone No. 2
FAX No.
Contractor #
Street Address (6 different from above)
City
State
ZIP
Email
C42-tJ/C>AI
<Form
AUG 10 2017
r'1GM Faun PITY
252-808-2808 :. 1-888.4RCOAST :: www.nccoastaimanagement.net

Form DCM MPA (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Carteret
Subdivision Name
city
State
Zip
Harkers Island
NC
28531 -
Phone No.
Lot No.(s) (ff many, attach additional page with list)
- - ext.
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
White Oak
Westmouth Bay, Straits
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
Straits
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.
4.
Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
2,560
1,372,140
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
0 ❑NHW or ®NWL
e.
Vegetation on tract
low marsh, saltmarsh cordgrass
f.
Man-made features and uses now on tract
Abandoned clam aquaculture gear from a previously permitted and authorized shellfish lease.
The site is within public trust waters that are used for recreation.
g.
Identify and describe the existing land uses adiacent to the proposed project site.
Harkers Island RV Resort and residential properties.
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
NA
(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?
I.
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?
Ktlalvcv
<Form continues on next page>
AUG 10 2017
DGM MHD CITY
252.808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net

Foam DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3 Pro�ecf Location .
..
County (can be multiple)
Street Address
Stale Rd. #
Carteret
Subdivision Name
City
State
Zip
Harkers Island
NC
28531 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
- - ext.
.
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
White Oak
Westmouth Bay, Straits
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
Straits
e. Is proposed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city limit the proposed
❑Yes ®No
work falls within.
4
Sfe Description � "' 1 " �
r�'
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
2,560
1,372,140
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
0 ❑NHW or ®NWL
e.
Vegetation on tract
low marsh, saltmarsh cordgrass
f.
Man-made features and uses now on tract
Abandoned clam aquaculture gear from a previously permitted and authorized shellfish lease.
The site is within public trust waters that are used for recreation.
g.
Identify and describe the existing land uses adlacent to the proposed project site.
Harkers Island RV Resort and residential properties.
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
NA
(Attach zoning compliance certificate, ff 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?
I.
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> AUG 10 2017
nrGM aide CITY
�Jl �YV
252-808-2808 :: 1-888-4RCOAST :: www.necoostaimanagement.net

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.
NA
o. Describe existing drinking water supply source.
NA
p. Describe existing storm water management or treatment systems.
NA
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? []Commercial OPublic/Government
❑PrivatelCommunity
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The project will remove hazardous debris from public bottom areas that are used for recreation.
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.
When possible, derelict aquaclture gear will be removed by hand. An excavator on a barge will be used to lift heavy debris
or embeded debris from the bottom and dispose of it on another barge. All debris removed will be transported to the county
landfill for disposal and recycling.
d. List all development activities you propose.
Machinery will be used to remove and dispose of exisiting clam aquaculture gear including: wood pilings, sand bags, PVC
pipe, plastic mesh, and other plastic debris.
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? 21,800 ®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.
NA
i. Will wastewater or stornwater be discharged into a wetland? []Yes ®No ❑NA
If yes, will this discharged water be of the some 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>
RECEIVED
AUG 10 2017
252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagN~MmMHD CITY

Form DCM MP-1 (Page 4 of 4)
APPLICATION'for
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) — (0 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 CJ Chadwick & Associates LLC Phone No.
Address 688 Highway 70, Beaufort NC 28516
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.
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.
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 application is truthful to the best of my knowledge.
Date D / r Print Name —Todd Miller
Signature < _3, �✓
Please indicate application 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
RECEIVED
AUG 10 2017
nnM_ MHD CITY
252-808-2808 .. 1-888-4RCOAST .. www. nccoasta l management. net

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6; Addittonallnformat�on
In addition to this completed app cation f "q—n MP fJ the following demsbe/ow if applicable musfbe submitted in order for file appLcahon: -
package to PPomplete Item`s'(a)'£ (J are always appybcab/e to any major development apphcand� Please consult the applicaton p
mstrucbon booklet on how to properly prepare; the"requlred'itemsbelow " , , I r, : N„ 1
eR .a,r ro c. k
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 unfamillarwith the area to the site.
d. A. copy of the deed (with slate 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 CJ Chadwick Associates LLC .,� p -Phone No
fi 1
F,Address 688�iighway 70 Beaufort NC 28516 ry,x
Name Phone No.
Address -
` (JamePhone No
Address s
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
It. 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.
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 application is truthful to the best of my knowledge. if
Date O (t Print Name —ToddMiller
Signature C7 `V �✓ \
Please indicate application 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
ECEIVE®
AUG 10 2017
DOW_ G 140 Gi�1j
252-808-2808 :: 1-888.4RCOAST :; www. nccoastalmanagement. net

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.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL
stabilization
Length
535
Width
40
Avg. Existing
NA
NA
2
Depth
Final Project
NA
NA
2.5
Depth
1. EXCAVATION
a. Amount of material to be excavated from below NHW or NWL in
cubic yards.
404
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
OWL ❑None
(ii) Describe the purpose of the excavation in these areas:
Abandoned aquacuiture gear is being removed from the bottom
of Westmouth Bay in Straits.
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
Debris materials will be transported to county landfill.
c. (i) Do you claim title to disposal area?
[]Yes []No ®NA
(ii) If no, attach a letter granting permission from the owner
e. (i) Does the disposal area include any 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
OWL ®None
(ii) Describe the purpose of disposal in these areas:
NA
❑ This section not applicable
b. Type of material to be excavated.
Plastic mesh and sand bags, any sediment that cannot be
shaken off the gear.
d. High -ground excavation in cubic yards.
0
❑This section not applicable
Dimensions of disposal area.
NA
d. (i) Will a disposal area be available for future maintenance?
[]Yes []No ®NA
(ii) If yes, where?
f. (i) Does the disposal include any area in the water?
❑Yes ®No ❑NA
(ii) If yes, how much water area is affected?
AUG 10 2017
DG11A_ 11 HD GITV
252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanarement.net revised: 12/26/06

Form DCM MP-2 (Excavation and Fill, Page 2 of 3)
[]Bulkhead ❑Riprap ❑Breakwater/Sill []Other: _ Width:
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
e. Type of stabilization material: 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.
g. Number of square feet of fill to be placed below water level. h. Type of fill material.
Bulkhead backfill Riprap
Breakwater/Sill _ Other
i. Source of fill material.
4. OTHER FILL ACTIVITIES ®This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ❑Yes []No []NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
(ii) Amount of material to be placed in the water _
number of square feet affected.
(iii) Dimensions of fill area
❑CW ❑SAV _ ❑SB
IN) Purpose of fill
OWL []None
(ii) Describe the purpose of the fill in these areas:
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
b. What type of construction equipment will be used (e.g., dragline,
controlled?
backhoe, or hydraulic dredge)?
It will be placed on a barge, which will be removed from the area.
Excavator, barges
c. (i) Will navigational aids be required as a result of the project?
d. (i) Will wetlands be crossed in transporting equipment to project
[]Yes ®No ❑NA
site? ❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
(it) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
RECEIVED
S( D( 1-7 All1g 209
Date
Todd Miller
Harkers Island Marine Debris Project DCM- MHD CITYApplican(�lamp
Project Name
252-808-2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net revised: 12/26/06

Form DCM ,MP-2 (Excavation and Fill, Page 2 of 3)
3 S OI�ELIIVE STABILIZATION ' k "®This section not aplrcabley
(If develgprn'en fs a woad groin use MP 4 Struciure) "
a. Type of shoreline stabilization: b. Length
[]Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other:_ Width:
c. Average distance waterward of NHW or NWL: - d. Maximum distance waterward of NHW or NWL:
e. Type of stabilization material: _ 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.
g. Number of square feet of fill to be placed below water level, h. Type of fill material.
Bulkhead backfill _ Riprap _
Breakwater/Sill Other
I. Source of fill material.
4 OTHER�FILL ROTIVITIES , : ' ' 4, � �` ", rev `` "z y ^`"`'®This section not app6erable
(EGIJding �h�if106 �tAbltR �t10I1) "1 yr'- ry i
4,s - l'✓ , r�. s -`� .., k eS Fa urc r+",+� .vd .. Yh"!.Y �
a. (i) Will fill material be brought to the site? ❑Yes []No ❑NA b. (1) Will fill material be placed in coastal wetlands/marsh (CW),
If yes, - -
(ii) Amount of material to be placed in the water
(Ili) Dimensions of fill area
(iv) Purpose of fill
a. How will excavated'or fill material be kept on site and erosion
controlled?
It will beplaced on a barge, which will be removed from the area.
c. (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.
suomergeo aquatic vegetation tsHvr, snen oouom toe), 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 fill in these areas:
What type of construction equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
Excavator, barges'
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.
. 252-808-2808 :: 1-8884RCOAST :: www.nccoastalmananement.net revised: 12/26/06

Harkers Island Marine Debris Project
North Carolina Coastal Federation
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Harkers Island Marine Debris Project
Applicant: North Carolina Coastal Federation o result in temporary impactsto the bottom.
Adjacent Land Owner: Chris Chadwick, Harkers Island RV Resort Feet Scale 1 inch:80 feet

I"

Permit Class Permit Number
NEW RECEIVED 137-17
STATE OF NORTH CAROLIN
Department of Environmental Quality D E C 11 2017
and
Coastal Resources Commissi 1CM- MHD CITY
Permit
for (Z
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to North Carolina Coastal Federation 3609 Hwy 24 Newport NC 28570
Authorizing development in Carteret County at in Westmouth Bay, at the end of Guthrie
Rd., near Harkers Island as requested in the permittee's application dated 8/8/17, including the
associated project narrative and attached workplan drawings (4), all dated "Rec DCM-MHD Citv 8/10/17"
This permit, issued on December 1, 2017 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
rr mese terms may oe suoject to Imes, imprisonment or civil action; or may cause the permit to be null and void.
Marine Debris Removal/Habitat Restoration
1) The areas of the authorized disturbance footprint for the purposes of marine debris removal shall be
verified by a representative of the Division of Coastal Management prior to project commencement.
2) No excavation shall take place outside of the area indicated on the workplan drawings.
3) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
(See attached sheet for Additional Conditions)
tnis permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires finther Division approval.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
C. Davis, Director
Division of Coastal Management
All work must cease when the permit expires on
This permit and its conditions are hereby accepted.
December 31, 2020
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee

NC Coastal Federation
ADDITIONAL CONDITIONS
Permit No. 137-17
Page 2 of 2
4) This permit was issued based upon at determination that while the area to be disturbed is immediately
adjacent to areas containing actively growing submerged aquatic vegetation (SAV) beds, the area of
.proposed disturbance would not directly impact actively growing SAV beds. During all authorized
excavation events, the permittee shall implement all available precautions to ensure that damage to SAV
beds does not occur.
5) The disposal of all marine debris shall be deposited in a properly approved upland disposal site.
USACE Special Conditions
6) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at http://www.fws.p-ov/nc-es/mammal/manatee ¢uidelines.pdf.
General
7) This permit does not authorize the crossing of private property without prior approval.
8) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
9) Any mitigative measures, environmental commitments and/or monitoring specifically made by the
applicant for this project in the permit application and/or project narrative shall be implemented,
regardless of whether or not such commitments are addressed by individual conditions of this permit.
10) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: This permit does not convey any rights, either in real estate or material.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit 27
(Action ID SAW-2017-02480) issued 11/30/17.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4097 and assigned the project DWR Project No. 2017-1056.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: An application processing fee of $400 was received by DCM for this project.

DCM Coordinator:
Permitee: 4CC
Agents:.
DCM Field Offices
Elizabeth City
orehead City
—Washington
Wilmington
US ACOE Offices:
Washington:
&bIJMrk Permit#: 13�-t7
MAH.ING DISTRIBUTION SHEET--•-
(with revised work plan drawings)
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Peletier (Bertie, Currituck, Date, Gates, Pamlico, Pasquotank, Washington)
Tom Steffens (NC DOT- Beaufort, Carteret, Craven, Pamlico.)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Tyler Crumbley (Brunswick, New Hanover)
(Carteret Onslow, Pender)
r ver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources: Renee Gledhill -Earley
Public Water Supply: hIleidi Cox (WIRO)
Clif Whitfield (WARO)
Marine Fisheries: Shane Staples
Curt Weychert
NC DOT: David Harris
Shellfish Sanitation: Shannon Jenkins
State Property: Tim Walton
DEMLR/DWR: Karen Higgins
Kristy Lynn Carpenter (NC DOT -All Projects)
Washington: Anthony Scarbraugh-401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimmms, Tyrrell, Washington)
Wilmington: Robb Mairs — 401 (Carter, Onslow, Pander, New Hanover)
Chad Coburn — 401 (Brunswick)
Georgette Scott - StormwabZr—T
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WARO)
Fax Distribution: Permittee #: Agent#

Coastal Management
ENVIRONMENTAL QUALITY
December 4, 2017
N.C. Coastal Federation
3609 Hwy 24
Newport, N.C. 28570
Dear Sir or Madam:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
The enclosed permit constitutes authorization under the Coastal Area Management Act, and
where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The
original (buff -colored form) is retained by you and it must be available on site when the project is
inspected for compliance. Please sign both the original and the copy and return the copy to this office in
the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal
described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS
113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter
150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714,
[phone] within twenty (20) days of this decision on your permit. You should also be aware that
another qualified party may submit an objection to the issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work
must be carried out in accordance with your application. Modifications, time extensions, and future
maintenance requires additional approval. Please read your permit carefully prior to starting work and
review all project plans, as approved. If you are having the work done by a contractor, it would be to your
benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we
request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if
questions arise concerning permit conditions, environmental safeguards, or problem areas, you may
contact Department personnel at any time for assistance. By working in accordance with the permit, you
will be helping to protect our vitally important coastal resources.
Sincerely,
Enclosure
Dotiglas V. Huggett
Major Permits Manager
N.C. Division of Coastal Management
Nothing Compares,._
State of North Carolina I Environmental Quality l Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
252 808 2808

('
i '.p l '� ,`. i `
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(� i�,.
Y _�

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1)
APPLICANT: N.C. Coastal Federation (Bree Tillett)
County: Carteret
LOCATION OF PROJECT: Westmouth Bay.
DATE APPLICATION RECEIVED COMPLETE BY FIELD:
8/10/17
FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes
CONSISTENCY DETERMINATION: Attached: NO
To Be Forwarded: YES
FIELD REPRESENTATIVE: Ryan Davenport
DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW:
B)
DATE RECEIVED BY MAJOR PERMITS UNIT: _8/15/17
FEE REC'D: $ 400.00 (100%)
PUBLIC NOTICE REC'D: 8/16/17 END OF NOTICE DATE: 9/4/17
ADJ. RIP. PROP NOTICES REC'D:
DEED REC'D:
APPLICATION ASSIGNED TO: Bodnar
ON: 8/15/17
C)
75 DAY DEADLINE: (*-4
q
150 DAY DEADLINE:
MAIL OUT DATE: 8/15/17
STATE DUE DATE: 9/4/17
FEDERAL DUE DATE:
FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY
DRAFT ON
AGENCY
DATE
COMMENTS
RETURNED
OBJECTION
S:
YES NO
NOTES
Coastal Management - Regional Representative
U 7
k
51'4w a4
Coastal Management- LUP Consistency Determination
jj[ 1
Division of Community Assistance
�lu t'
x
DEMLR-Land Quality Section
g�j /
�C
Division of Water Resources-401
10141ri
Z017 — 105-(P via L[Oq
DEMLR-Storm Water Management
State Property Office
11?J f l
Division of Archives & History (Cultural Resources)
Q �'
Sanitation
o�DMF-Shellfish 1
DWR-Public Water Supply
Division of Highways
Wildlife Resources Commission
S/o 1
k
Local Permit Office
Division of Marine Fisheries- Fisheries Resource Spec.
f
Corps of Engineers
7.1 Zc,17 — C)IL UV

Coastal Management'
ENVIRONMENTAL OVALITY
August 15, 2017
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Lee. Padrick
Division of Community Assistance
Gregg Bodnar
Major Permits Processing Coordinator.
CAMA/DREDGE & FILL Permit Application Review
N.C. Coastal Federation (Harkers Island Marine Debris)
Carteret County, in Westmouth Bay.
BRAXTON C. DAVIS
Director
Proposed Project: Proposes to remove existing marine debris from a former aquaculture site
which will involve excavating 21,800 sq: ft.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 4, 2017. If you have any questions regarding the proposed project, please contact Ryan
Davenport, Permit officer at [phone]. Ext. 210. When appropriate, in-depth comments with
supporting data is 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.
tSIGNED' DATE �' a ~ /7
Nothing Compares
StateofNorth Carolina I Environmental Quality l Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
252 808 2808

Coastal Management
ENVIRONMENTAL QUALITY
August 15, 2017
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
AU6 16 2017
Shellfish Sanitation & Recreational
Water Quality Section
Shannon Jenkins
Shellfish Sanitation
Gregg Bodnar
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. OAV1S
Director
N.C. Coastal Federation (Harkers Island Marine Debris)
Carteret County, in Westmouth Bay.
Proposed Project: Proposes to remove existing marine debris from a former aquaculture site
which will involve excavating 21,800 sq. ft.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 4, 2017. If you have any questions regarding the proposed project, please contact Ryan
Davenport, Permit officer at [phone]. Ext. 210. When appropriate, in-depth comments with
supporting data is 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 lv/101-7 RECEIVED
-Fop-- sha,tinm jftKins AUG 21 2017
-5�-'^NothingCompares� DCM- MHD (CITY
State of North Carotlna I EnvironmentalQualtty I Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
2528082808

ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
Coastal Management BRAXTON C. DAVIS
ENVIRONMENTAL QUALITY Director
e • 1 q. >a.1$. O 1
August 15, 2017 (6�;P.
MEMORANDUM:TO: Maria DunnNC Wildlife Resources Commission t:o"«gRM
FROM: Gregg Bodnar
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: N.C. Coastal Federation (Harkers Island Marine Debris)
Project Location: Carteret County, in Westmouth Bay.
Proposed Project: Proposes to remove existing marine debris from a former.aquaculture site
which will involve excavating 21,800 sq. ft.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 4, 2017. If you have any questions regarding the proposed project, please contact Ryan
Davenport, Permit officer at [phone]. Ext. 210. When appropriate, in-depth comments with
supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
/
y This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED I DATE 15 "1$" IRECEIVED
Nothing Compares
State of North Carolina I Environmental Quality I Coastal Management AUG 2 4 2017
Morehead City Office 1 400 Commerce Avenue I Morehead City. NC 28557
2528082808 DCM_ MHD CITY

Coastal Management
ENVIRONMENTAL OUALMY
August 15, 2017
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
ROY COOPER
Covernor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Rachel Love-Adrick
Division of Coastal Management
Gregg Bodnar
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
N.C. Coastal Federation (Harkers Island Marine Debris)
Carteret County, in Westmouth Bay.
Proposes to remove existing marine debris from a former aquaculture site
which will involve excavating 21,800 sq. ft.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 4, 2017. If you have any questions regarding the proposed project, please contact Ryan
Davenport, Permit officer at [phone]. Ext. 210. When appropriate; in-depth comments with
supporting data is requested.
REPLY: 4- 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 e cy obj cts to the project for reasons described in the attached comments.
SIGNED DATER 12+ I 2-o 1 4-
Nothing Compares.
State of North Carolina I Environmental Quality l Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
252 808 2808 -

ROY COOPER
Covernor
Coastal Management
ENVIRONMENTAL QUALITY
MEMORANDUM
TO: Gregg Bodnar, Major Permits Processing Coordinator
Division of Coastal Management
FROM: Rachel Love-Adrick, District Planner
Division of Coastal Management
WILLIAM G. ROSS, JR.
lmerim Secretan'
BRAXTON DAVIS
Directo,
SUBJECT: Major Permit Request by N.C. Coastal Federation (Harkers Island Marine Debris)
DATE: August 24, 2017
Consistency Determination: The request is consistent with/not in conflict with the Carteret County Land
Use Plan certified by the CRC on December 20, 2010.
Overview: The applicant is proposing to remove existing marine debris from a former aquaculture site
which will involve excavating 21,800 ft2 shallow bottom. The project site is located in Westmouth Bay
adjacent to Harkers Island, Carteret County. The site is a former aquaculture farm located at the end of
Guthrie Dr. The site is an abandoned aquaculture farm that contains various marine debris. The
prominent debris type consists of pilings and clam bags. The clam bags are in tangled bundles and are
partially buried.
Areas of Environmental Concern (AECs) in the project area "Estuarine Waters" and Public Trust Areas".
The project is located in Westmouth Bay, the water is classified as SA (Market Shellfishing, Salt Water),
and is open to shellfishing. The area is not a Primary Nursery Area (PNA), and there are some patches
of Submerged Aquatic Vegetation (SAV) present. The bottom substrate consists of sand and mud, with
clusters of oysters. Water depths range from V to -3' at NLW. A review archaeological and cultural
resources was not provided. The adjacent shoreline has a RV resort, marina and thick fringes of Coastal
Wetlands.
Anticipated impacts resulting from this project are expected to include: the disturbance of 21,800 ft2 of
shallow bottom.
Basis for Determination:
The project site is located in Carteret County and is subject to the 2005 Carteret County Land Use Plan
Update. The Future Land Use Map (FLUM) designates the site as Conservation due to the sites location
in Estuarine Waters and Public Trust AECs (Areas of Environmental Concern). Land uses allowed in Areas
of Environmental Concern are those consistent with the State's minimum use standards and state and
federal regulations.
Nothing Compares --,,.,-
Sum of North Carolina I Environmental Quality I Coastal Management
400 Commence Avenue I Morehead City, NC 28557
252-808-2808 1252-247-3330 (fax)

North Carolina Department of Environmental Quality
Division of Coastal Management
The following LUP policies may be applicable to this request:
2.0 Land Use Compatibility
MEMORAIfOUM
Page 2 of 2
2.4.1, pg. 71: "Carteret County will only allow development in estuarine and public trust waters that are
associated with water -dependent uses, consistent with state and federal standards, and meet all local polices
contained in this plan."
Nothing Compares-. ,
State of North Carolina I Envhonmemal Quality I Coastal Management
400 Commence Avenue I Morehead City, NC 28557
252-808-2808 1252-247-3330 (fax)

Coastal Management
ENVIRONMENTAL QUALITY
August 15, 2017
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
AUG 17 2017
DOA
STATE PROPERTY
OFFICE
Tim Walton
State Property Office
Gregg Bodnar
Major Permits Processing Coordinator
ROY COOPER
Oovernor
MICHAEL S. REGAN
secretary
BRAXTON C. DAVIS
Direaor
RECEIVED
AUG 2 3 2017
DClvl- MHD CITY
CAMA/DREDGE & FILL Permit Application Review
N.C. Coastal Federation (Harkers Island Marine Debris)
Carteret County, in Westmouth Bay.
Proposes to remove existing marine debris from a former aquaculture site
which will involve excavating 21,800 sq. ft.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 4, 2017. If you have any questions regarding the proposed project, please contact Ryan
Davenport, Permit officer at [phone]. Ext. 210. When appropriate, in-depth comments with
supporting data is 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 / m
-�Nothing Compares
State of North Carolina 1 Environmental Quality I Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
252 808 2808

ROY COOPER
Governor
Kc.
MICHAEL S. REGAN
Secretary
Coastal Management BRAXTON C. DAVIS
ENVIRONMENTAL QUALITY Director
August 15, 2017 @ @ @ D M�#
MEMORANDUM: IJl AUG 17
10p
Division of
TO: Heidi Cox NiRO. p bwaterResour
Public Water Supply watergupo
RECEIVED
FROM: Gregg Bodnar
Major Permits Processing Coordinator AUG 2 9 2017
SUBJECT: CAMA/DREDGE & FILL Permit Application Review DC M- M H D CITY
Applicant: N.C. Coastal Federation (Harkers Island Marine Debris)
Project Location: Carteret County, in Westmouth Bay.
Proposed Project: Proposes to remove existing marine debris from a former aquaculture site
which will involve excavating 21,800 sq. ft.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 4, 2017. If you have any questions regarding the proposed project, please contact Ryan
Davenport, Permit officer at [phone]. Ext. 210. When appropriate, in-depth comments with
supporting data is 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 Z%y DATE 9121127
O
Nothing Compares
State of North Carolina I Environmental Quality l Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead aty, NC 28557
252 808 2808

Coastal Management
ENVIRONMENTAL OUALRY
ROY COOPER
EC E I V E Cover °r
AUG l 2U17 MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Brl Unecfor
August 15, 2017
RECEIVED
MEMORANDUM:
/ f AUG 2 9 2.017
/�O � n � Georgette Scott
/ V Division of Energy, Mineral, & Land Resources DC M- M H D CITY
FR¢M: I Gregg Bodnar
W ° Major Permits Processing Coordinator
SUBJECT: 111 CAMA/DREDGE & FILL Permit Application Review
Applicant: N.C. Coastal Federation (Harkers Island Marine Debris)
Project Location: Carteret County, in Westmouth Bay.
Proposed Project: Proposes to remove existing marine debris from a former aquaculture site
which will involve excavating 21,800 sq. ft.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 4, 2017. If you have any questions regarding the proposed project, please contact Ryan
Davenport, Permit officer at [phone]. Ext. 210. When appropriate, in-depth comments with
supporting data is 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/iC�2�eX�,a DATE��/�
Nothing Compares
State of North Carollna I Environmental Quality l Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City. NC 28557
2528082808

Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
October 18, 2017
Todd Miller
North Carolina Coastal Federation
3609 Hwy. 24
Newport, NC 28570
Subject: EXEMPTION
Stormwater Project No. SW8170817
Harkers Island Marine Debris Project
Carteret County
Dear Mr. Miller:
ROY COOPER
Governor
MICHAEL S. REGAN
5ecretary
TRACY DAVIS
Director
On August 17, 2017, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources
received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and
specifications on August 18, 2017 has determined that the development activities proposed at this time will not pose
a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed
and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the
stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter,
we are informing you that this project will not require a stormwater management permit.
If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also
subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You
are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary
built -upon area associated with the construction of the project must be removed within 30 days of completion of the
project, or when it is no longer needed, whichever occurs first.
If you have any questions or need additional information concerning this matter please contact Georgette Scott at
[phone], or via e-mail at [e-mail].
Sincerely,
For Tracy E. Da is, P.E., Director
Division of Energy, Mineral, and Land Resources
GDS/gds: IIIStormwater\Permits & Projects12017 \170817 Exemption1201710 permit 170817
RECEIVED
cc: Carteret County Building Inspections
DCM Morehead City
Wilmington Regional Office Stormwater File OCT $1 2017
DCM- MHD CITY
State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Dlrr Extension I Wilmington, NC 28405
910 796 7215

T',
;A.
Coastal Management
ENVIRONMENTAL QUALITY
August 15, 2017
MEMORANDUM:
TO:
FROM:
SUBJECT:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C, DAVIS
Director
Dan Sams
Division of Energy, Mineral & Land Resources
Gregg Bodnar
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
:LEAVE
AUG 1) 2W
RECEIVED
AUG 2 9 2017
Applicant: N.C. Coastal Federation (Harkers Island Marine Debris)
Project Location: Carteret County, in Westmouth Bay. DCM- MHD CITY
Proposed Project: Proposes to remove existing marine debris from a former aquaculture site
which will involve excavating 21,800 sq. ft.
Please indicate below your agency's position or viewpoint on the proposed project aqd return this form by
September 4, 2017. If you have any questions regarding the proposed prcject,ofpjease contact Ryan
Davenport, Permit officer at [phone]. Ext. 210. When appropriate, in-depth comments with
supporting data is 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 o jects to the project for reasons described in the attached comments.
r
SIGNED ' DATE ALx, Is - ull
Nothing Compares�
State of North Carolina I Environmental QualBy I Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
252 808 2808

Co RSIa! 1kldhf[g'e(tt2ht'
ENyIltONMBtlIAL'D[IpL�i
August 15, 2017,
MEMORANDUM:
TO:
FROM:
SUBJECT:
ROY COOP'Elt
AW. *.htor
RECEIVED
MICHAEL S. 'REGAN
Seitdfitry
AUG 141017
BI AXTON C. 0AVI.s
.
mreetor
DC►A•FisheHee
WAQO
Shane Staples
Division of Coastal Management
Gregg Bodnar
Major Permits Processing Coordinator.
CAMA/DREDGE & FILL Permit Application Review
Applicant: N.C. Coastal Pederation (Barkers Island Marine Debris)
Project Location: Carteret County, in Westmouih Bay:
Proposed Project: Proposes to remove existing marine debris from a former aquaculture site
which will involve excavating 21,800 sq. ft.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 4, 2017. If you have any questions regarding the proposed project, please contact Ryan
Davenport, Permit officer at [phone]. Ext. 210. When appropriate, in-depth comments with
supporting data is 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 _ i!/.�
othing Compares -,,-
state otNofth:CaroOna I ErMronmenfal'Quahty I Eoastal.Mamgement
Morehead atyOfflce 1400 Commerce Avenue I Morehead Clty, NC 28S57
2M808280a

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Coastal Management BRAXTON C. DDirecto
ENVIRONMENTAL OUALITV
k Ne%V
Bern Dlstric;y-
T; `u 21 20tI
August 15, 2017
e
MEMORANDUM:
TO: David Harris
NC DOT, State Construction/Materials Branch
FROM: Gregg Bodnar
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: N.C. Coastal Federation (Harkers Island Marine Debris)
Project Location: Carteret County, in Westmouth Bay.
Proposed Project: Proposes to remove existing marine debris from a former aquaculture site
which will involve excavating 21,800 sq. ft.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 4, 2017. If you have any questions regarding the proposed project, please contact Ryan
Davenport, Permit officer at [phone]. Ext. 210. When appropriate, in-depth comments with
supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
X 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 I DATE t3la l7 RECEIVED
�®
N'CD16T Div 2 DISTRICT F—NG
Nothing Compares SEP 0 7 POl7
State of North Carolina I Environmental Qwfity l Coastal Management
Morehead City Offke 1 400 Commerce Avenue I Morehead aty, NC 28557 DC M- M H D CITY
252 808 2808

August 15, 2017
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
�2@2DW
AUG-2 5 20'7
HISTORIC PRESERVATION OFFICE
Renee Gledhill -Early
NC Department of Cultural Resources
Gregg Bodnar
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
ROY COOPER
Covernor
MICHAEL S. REGAN .
Secretory
BRAXTON C. DAVIS
DReetor
N.C. Coastal Federation (Harlcers Island Marine Debris)
Carteret County, in Westmouth Bay.
a n - 1558
Proposed Project: Proposes to remove existing marine debris from a former aquaculture site
which will involve excavating 21,800 sq. ft.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 4, 2017. If you have any questions regarding the proposed project, please contact Ryan
Davenport, Permit officer at [phone]. Ext. 210. When appropriate, in-depth comments with
supporting data is requested.
REPLY: 1/ This agency has no objection to the project as proposed.
D_ This agency has no continent 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 �! �� V DATE C
Nothing Compares�
State of North Carolina I Environmental Quality l Coastal Management
Morehead City Office 1400 Commerce Avenue l Morehead Gty.NC 28557 AUGr]
2528082808 UG b•

Bodnar, Gregg
From: Davenport, Ryan
Sent: Monday, September 11, 2017 4:14 PM
To: Bodnar, Gregg
Subject: RE: NCCF comments
I recommend the permit be issued with standard comments.
Ryan
From: Bodnar, Gregg
Sent: Monday, September 11, 2017 10:40 AM
To: Davenport, Ryan <[e-mail]>
Subject: NCCF comments
Any for the file?
Thanks,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 office
Gregg. Bodnar(d-)ncdenr.00v
400 Commerce Ave
Morehead City, NC 28557
!'Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

I.
i z
i
Cogsta(hfan onr
ENyIRONMENiAL OUAL04AL. I,TY '
August 15, 2017
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Robb Mairs
Division of Water Resources
Gregg Bodnar
Major Permits Processing Coordinator
RO:Y COOPER
governor
MICHAEL $..REGAN
swa ry
BRA-X:TON C. DAVIS.
Diredtof
RECEIVEDINCDERRIM JR
AUG 17 26V
Water Quality Regional
Operations Section
Wilmington Regional Office
CAMA/DREDGE & FILL Permit Application Review
N.C. Coastal Federation Markers Island Marine Debris)
Carteret County, in Westmouth Bay.
Proposed Project: Proposes to remove existing marine debris from a former aquaculture site
which will involve excavating 21,800 sq: ft.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 4, 2017. If you have any questions regarding the proposed project, please contact Ryan
Davenport; Permit officer at [phone]. Ext. 210. When appropriate, in-depth comments with
supporting data is requested.
REPLY: ✓ This agency has no objection to the project as proposed.
V.
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 ado 70� 7=
Nothing Compares.
State OfNorthCamUna I ErM=mentalQualtty I Coastal Management
M0Mhedd CRy0fflce 1400CommereeAvenue I Mdrehesd Qty NC 28557
2528082808

Water Resources
Environmental Quality -
October 4, 2017
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZINIMERMAN
Director
Carteret County
DWR Project: 20171056
North Carolina Coastal Federation
Attn.: Todd Miller and Bree Tillett -
3609 Highway 24 THIS IS NO
Newport, NC 28570 A CAMA PERMIT
Subject Property: Harkers Island Marine Debris Removal' Project- Carteret
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Miller and Ms. Tillett,
You have our approval, in accordance with the attached conditions and those listed below, to
impact approximately 0.5 acres (21,800 square feet) of shallow bottom open water in order for the
removal of existing marine debris from a former aquaculture site as described within your
application received by the Division on August 17, 2017. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number 4097
(GC 4097).
You should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control,
Non -discharge, and stormwater regulations. Also, this approval to proceed. with your proposed
impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration
of the 404 Permit. This Certification. can also be found on line at:
http://uortal.ncdenr.6rg/web/wa/swv/ws/401%ertsandpemuts.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be. required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee.If the property is sold, the new owner must be
-`� Nothtng Comparesr,,-
State of North Carolina I Environmental Quality
127 Cardinal Drive Extendon Wilmington, North Carolina 28405
910-796-7215

'4
NC Coastal Federation (Harkers Island Marine Debris Removal Project) - Carteret County
DWR Permit # 20171056
October 4, 2017
Page 2 of 4,
given copy of this approval letter and General Certification and is responsible for complying
with all conditions. Any new owner must notify the Division and request the Certification be
issued in their name {15A NCAC 02H .0501 and .0502}.
2 Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization letter and certification: The
applicant will also'be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are. accounted for and, shown .on the construction plans.
[15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)]. The applicant shall require his,
contractors (and/or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and/or agents) a copy of this Certification.
3 Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall. not be
exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion.
control practices must be used to meet this standard. Turbidity curtains shall be used as
appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215
4 This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project,
.regardless of the expiration of this Certification.
5 The permittee shall require its contractors and/or agents to comply with the terms of this
permit. in the construction and maintenance of this project, and shallprovide each of its,
contractors and/or agents associated with the construction or maintenance of this project a
copy of this certification. A copy of this certification including all conditions shall be
available at project site during the construction and maintenance of this project. [15A
NCAC 0211.0507.(c) and 1.5A NCAC 02H .0506 (b)(2) and (c)(2)1
6 Continuing Compliance:
The applicant/permittee and their authorized agents shall conduct all activities in a
manner consistent with State water quality standards (including any requirements
resulting from compliance with 303(d) of the Clean Water Act), and any other,
appropriate requirements of. State and Federal law. If the Division determines that such
standards or laws are not being met, including failure to sustain a designated or achieved
use, or that State or Federal law is being violated; or that further conditions are necessary
to assure compliance, than the Division may reevaluate and modify this General Water
Quality Certification. [15A NCAC 02H .0507(d)]

lb
NC Coastal Federation (Hackers Island Marine Debris Removal Project) - Carteret County
DWR Permit # 20171056
October 4, 2017
Page 3 of 4
All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington
Regional Office at 910.796.7215 and after hours and on weekends call tsool sss-w6s.
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and
(c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143. Article 21A].
Fueling, lubrication and general equipment maintenance should not take place within 50
feet of.a waterbody or wetlands to prevent contamination by fuel and oils. [15A'NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)].
This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours 15A NCAC 02H.0502(e). .
10 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 and/or
authorized agent is required to return a. completed certificate of completion form to the
NC.DEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617
Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The
certification of completion is available at:
http://portal.ncdennore/web/wa/swo/ws/401/certsandpmnits/apply/formsl.
Violationsof any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties.. The authorization to proceed with your
proposed impacts or to. conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may obtained from the OAH at
htto://www.ncoah.com/ or by calling the.OAH Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt.of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5:00 pm, excluding official state holidays).

NC Coastal Federation (Harkers Island Marine Debris Removal Project) - Carteret County
DWR Permit # 20171056
October 4, 2017
Page 4 of 4
The petition maybe faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
Ifsending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Bill Lane, General Counsel .
Department of. Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone or Robb Mairs in the DWR
Wilmington Regional Office at 910.796.7427 or [e-mail]..
Sincerely,
218s sor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC 4097
cc: Liz Hair - USACE Wilmington Regulatory Field Office -EC
Gregg.Bodnar = DCM Morehead City -EC
DWR 401 & Buffer Permitting Branch file- LF
WiRO

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO.4097
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• REGIONAL GENERAL PERMIT NUMBER 198000291 INC COASTAL AREA MANAGEMENT ACT)
AND
• WHEN APPLIED TO CAMA PERMITS, REGIONAL GENERAL PERMIT NUMBERS 198000048,
198700056,197800080,197800125 AND 198200271 AND NATIONWIDE PERMIT
NUMBERS 3,12,13,14,18, 27, 29, 33, 35; 39, AND 54
Water Quality Certification Number 4097 is issued in conformity with the requirements of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 0213 .0200 for the discharge of fill
material to surface waters and wetland areas as described in Regional General Permits
198000291, 198000048, 198700056, 19.7800080,197800125, and 198200277 and in 33 CFR 300
Appendix A (B) (3, 12, 13, 14, 18, 27, 29, 33, 35, 39, and 54) of the US Army Corps of Engineers
Regulations.
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 the conditions hereinafter set forth.
Effective date: March 19, 2017
Signed this day March 6, 2017
By
for S. Jay Zimmerman, P.G.
Director

GC4097
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Resources (DWR):
a) If any of the Conditions of this Certification (listed below) cannot be met; or
b) Activities authorized by CAMA permits, except for:
i) Activities authorized by CAMA General Permits 1100, 1200, 1300, 1400, 1500,
1600, 1700, 1800,1900, 2000, 2100, 2200, 2300, 2400, 2500 and 2600;
ii) Boat Ramps and associated access (i.e. roads and parking lots) that involve the
excavation or filling of less than 500 square feet total of wetland and open water
area, with the exception that the excavation or filling of coastal wetlands (as
defined in 15A NCAC 07H .0205) shall not exceed 100 square feet;
iii) Shoreline protection measures (excluding living shorelines/marsh sills) that tie into
existing bulkheads, land or other shoreline protection measures or do not extend
waterward of the normal high water line or normal water level more than 30 feet
provided that the activity will not involve the excavation or filling of any Submerged
Aquatic Vegetation (SAV) or significant shellfish resources as identified by the
Division of Marine Fisheries and impacts less than 500 square feet total of wetland,
with the exception that the excavation or filling of coastal wetlands (as defined in
15A NCAC 07H..0205) shall not exceed 100 square feet;
iv) Living shorelines/marsh sills, including activities authorized by CAMA General
Permit 2700, that do not extend waterward of the normal high water line or normal
water level more than 30 feet, the activity will not involve the excavation or fill of
any Submerged Aquatic Vegetation (SAV) or significant shellfish resources, as
identified by the Division of Marine Fisheries, and do not result in any fill landward
of the toe of the sill alignment;
v) Piers and docks designed to accommodate up to but not exceeding 10 vessels
(except where prohibited in Outstanding Resource Waters (ORW) as defined in 15A
NCAC 02B.0225(7) & (8)) and where the water depth is equal to or greater than two
feet of water at normal low water level or normal water level (whichever is
applicable);
vi) Maintenance dredging of less than 0.5 acres of open water or non -vegetated
wetlands provided that the applicant can provide documentation showing the
historic dimensions of the dredged channel, and no SAV or shellfish beds are
excavated or filled;
vii) Projects that involve only shading of. waters or wetlands that do not meet the
criteria listed in item v above;
viii) Utility lines, except wastewater lines and potable water discharge lines which are
subject to an NPDES Permit, as long as all impacts are temporary,
ix) Upland development which involves no more than 1/10 of an acre of excavation or
filling of non -coastal wetlands, with the exception than no more than 2,000 square
feet of the non -coastal excavation or filling may take place within a Coastal
Shoreline Area. of Environmental Concern (AEC). For the purposes of this area
calculation, the excavation or filling impacts of the entire project shall be
Page 2 of 12

r,
GC4O97
considered, which may include boat ramps, bulkheads or other shoreline
stabilization measures; and
x) Single family home construction that results in fill of 404 jurisdictional wetlandsas
long as written concurrence is not required from DWR for the applicable US Army
Corps of Engineers Nationwide Permit;
c) Any stream relocation or stream restoration; or
d) Any impacts except shading to SAV or significant shellfish resources as identified by the
Division of. Marine Fisheries; or
e) Any impacts Unique Wetlands (UWL); or
f) Any impact associated with a Notice of Violation or an"enforcement action for violation(s)
of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H
.1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or State
Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or
g) Any impacts to subject water bodies and/or state regulated riparian buffers along subject
water bodies in the Neuse or Tar -Pamlico River Basins (or any other basin or watershed
with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect at the time of
application) unless:
i) The activities are listed as "EXEMPT" from these rules; or
ii) A Buffer Authorization Certificate is issued by the NC Division of Coastal
Management (DCM); or
iii) A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or
designated local government implementing a state riparian buffer program
pursuant to 143-215.23.
Activities included in this General Certification that do not meet one of the thresholds, listed above
do not require written approval.
I. ACfIVI YSPECIFICCONDITIONS:
1: Dredging shall not cause Shellfish Closures. The effluent water from the dredge spoil should
not be released into open shellfish waters. Shellfish Sanitation and the Division of Water
Resources shall be notified if this is to occur. 115A NCAC 02B .0221]
2. If this Water Quality. Certification is used to access residential, commercial or industrial
building sites, then all parcels owned by the applicant that are part of the single and
complete project authorized by this Certification must be buildable without additional
impacts to streams or wetlands. If required in writing by DWR, the applicant shall provide
evidence that the parcels are buildable without requiring additional impacts to wetlands,
waters, or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (c)(4)]
3. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground. [15A NCAC 02H ,0506(b)(2) and (c)(2)]
Page 3 of 12

i
GC4097
4. Deed notifications or similar mechanisms shall be placed on all lots with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with INC Wetland Rules (15A NCAC 02H .0500), INC
Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules
(15A NCAC 02B :0200). These mechanisms shall be put in place at the time of recording of
the property or individual parcels, whichever is appropriate. [15A NCAC 02H .0506(b)(4) and
(c)(4)l
5. For living shorelines, the sills shall have at least one five-foot opening every 100 feet and may
be staggered or overlapped or left open as long as the five-foot separation between sections
Is maintained. Overlapping sections shall not overlap more than 10 feet. [15A NCAC 02H
.0506(b)(4) and (c)(4)]
6. For living shorelines, the permittee shall employ all sedimentation and erosion control
measures necessary to prevent an increase in sedimentation and turbidity within waters and
wetlands outside the permitted area. This shall include, but is not limited to, the immediate
installation of silt fencing, turbidity curtains or similar appropriate devices around all areas
subject to soil disturbance. Additionally, the project must remain in full compliance with all
aspects of the Sedimentation Pollution Control Act and the Mining Act of 1971. [15A NCAC
02H .0506(b)(4) and (c)(4)]
7. Living shorelines in Primary Nursery Areas (as designated by the NC Marine Fisheries
Commission) shall be coordinated with the appropriate NC Wildlife Resources Commission
(WRC), National Marine Fisheries Service (NMFS) and NC Division of Marine Fisheries (DMF)
personnel. [15A NCAC 02B .0221]
8. For the North Carolina Department of Transportation, compliance with the NCDOT's
individual NPDES permit NC5000250 shall serve to satisfy this condition. For all other
projects that disturb one acre or more of land (including a project that disturbs less than one
acre of land that is part of a larger common plan of development or sale); have permanent
wetland, stream, or open water impacts; and are proposing new built -upon area shall comply
with the following requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)]
a. Stormwater management shall be provided throughout the entire project area in
accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC 62H .1003(2)(a),
density thresholds shall be determined in accordance with 15A NCAC 02H .1017.
b. Projects that have vested rights, exemptions, or grandfathering from state or locally -
implemented stormwater programs do not satisfy this condition. Projects that satisfy
state or locally -implemented stormwater programs through use of community in -lieu
programs do not satisfy this condition.
c. Projects that require written authorization from DWR shall submit the following with
their application for review and approval:
Page 4 of 12

GC4097
I. For projects that have a stormwater management plan (SMP) reviewed under a state
stormwater programs or a state -approved local government stormwater program2
shall submit plans that show the location and approximate size of all proposed
stormwater measures;
ii. All other low density projects not covered above shall submit a completed low
density supplement form with all required items; and
ill. All other high density projects not covered above shall submit a completed SMP,
including all appropriate stormwater control measure (SCM) supplemental forms and
associated items, that complies with the high density development requirements of
15A NCAC 02H .1003.
d. Projects that do not require written approval from DWR shall obtain approval of the SNIP,
when required, before any impacts authorized by this Certification occur.
e. SMPs approved by DWR may be phased on a case -by -case basis. SMPs for each future
phase must be approved before construction of that phase commences. Approved SMPs
may not be modified without prior written authorization from DWR.
II. GENERALCONDMONS:
1. When written authorization is required, the plans and specifications for the project are
incorporated into the authorization by reference and are an enforceable part of the
Certification. Any modifications to the project require notification to DWR and may require
an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502]
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized in the written approval
from DWR; or beyond the thresholds established for use of this Certification without written
authorization. [15A NCAC 02H .0501 and .0502]
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or as
listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200]
3. In accordance with 15A NCAC 02H .0506(h), compensatory mitigation may be required for
losses of greater than 150 linear feet of streams and/or greater than one (1) acre of
wetlands. Impacts to isolated and other non-404 jurisdictional wetlands shall not be
combined with 404 jurisdictional wetlands for the purpose of determining when impact
thresholds trigger a mitigation requirement. For linear publicly owned and maintained
transportation projects that are not determined to be part of a larger common plan of
1 e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES
'e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
Page 5 of 12

GC4O97
development by the US Army Corps of Engineers,. compensatory mitigation may be required
for losses of greater than 150 linear feet per stream.
Compensatory stream and/or wetland mitigation shall be proposed and completed in
compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a
project site, a complete mitigation proposal developed in accordance with the most recent
guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted
for review and approval with the application for impacts.
4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules
in Chapter 2 of Title 15A.
5. When applicable, all construction activities shall be performed and maintained. in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion
so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC
02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0200]
Design, installation, operation, and maintenance of all sediment and erosion control
measures shall be equal to or exceed the requirements specified in the most recent version
of the North Carolina Sediment and Erosion Control Manual, or for linear transportation
projects, the NCDOTSediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) .
sites, including contractor -owned or leased borrow pits associated with the project.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements.of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA,
WS-l; WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in
15A NCAC 04B .0124, Design Standards in Sensitive Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification..
Exceptions to this condition require application to and written approval from DWR. [15A
NCAC 021-1.0501 and .0502)
Page 6 of 12

GC4097
7. Erosion control matting that incorporates, plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands. Exceptions to this condition require application to
and written approval from DWR. 115A NCAC 02B .0201]
8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction
projects that disturb one (1) or more acres of land. The NCG010000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. If the project is covered by this permit, full compliance with
permit conditions including the erosion & sedimentation control plan, inspections and
maintenance, self -monitoring, record keeping and reporting requirements is required. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent
version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H
.0506(b)(5) and (c)(5)]
9. All work in or adjacent to streams shall be conducted so that the flowing stream does not
come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application to and written approval from DWR. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities. [15A NCAC 02H
.0506(b)(2) and 15A NCAC 04B .0125]
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this
condition require written approval by the resource agency responsible for the given
moratorium. A copy of the approval from the resource agency shall be forwarded to DWR.
Work within a designated trout watershed of North Carolina (as identified by the Wilmington
District of the US Army Corps of Engineers), or identified state or federal endangered or
threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS,
and/or DMF personnel.
11. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern,
and profile of the stream above and below a pipe or culvert shall not be modified by
widening the stream channel or by reducing the depth of the stream in connection with the
construction activity. The width, height, and gradient of a proposed culvert shall be such as
Page 7 of 12

GC4097
to .pass the average historical low flow and spring flow without adversely altering flow
velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low
flow passage of water and aquatic life.
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section as closely as possible including pipes or barrels at flood plain elevation and/or
sills where appropriate. Widening the stream channel shall be avoided.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not
required, provided that all alternative options for flattening the slope have been investigated
and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders,
cross vanes, etc.). Notification, including supporting documentation to include a location
map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR
60 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that
there is sufficient documentation of the presence of bedrock. Notification, including -
supporting documentation such as, a location map of the culvert, geotechnical reports,
photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the
installation of the culvert. If bedrock is discovered during construction, then DWR shall be
notified by phone or email within 24 hours of discovery.
If other site -specific topographic constraints preclude the ability to bury, the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application to and
written approval from DWR.
Installation of culverts in wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. When roadways,
causeways, or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges shall be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening
methods.
Page 8of12

GC4097
12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed
across the bridge and pre-treated through site -appropriate means to the maximum extent
practicable (e.g. grassed swales, pre -formed .scour holes, vegetated buffers, etc.) before
entering the stream. -Exceptions to this condition require application to and written approval
from DWR. 115A NCAC 02H .0506(b)(5)]
13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other
Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner
that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B
moo and 15A NCAC 02B .0231]
14. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state. 115A
NCAC 02B .0200]
15. All proposed and approved temporary fill and culverts shall be removed and the impacted
area shall be returned to natural conditions within 60 calendar days after the temporary
impact is no longer necessary. The impacted areas shall be restored to original grade,
including each stream's original cross sectional dimensions,. planform pattern, and
longitudinal bed profile. For projects that receive written approval, no temporary impacts are
allowed beyond those included in the application and authorization. All temporarily
impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
16. All proposed and approved temporary pipes/culverts/rip-rap pads etc.in streams shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the
North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during
use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)]
17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original stream elevation and
streambank contours are restored and maintained. Placement of rip -rap or other approved
materials shall not result in de -stabilization of the stream bed or banks upstream or
downstream of the area or in a manner that precludes aquatic life passage. [15A NCAC 02H
.0506(b)(2)]
18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows and shall consist of clean rock or
masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the
streambed except in specific areas required for velocity control and to ensure structural
integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)]
Page 9 of 12

GC4O97
19. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Rip -rap
Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design
and construction specified in 15A NCAC 07H .1405.
20. All mechanized equipment operated near surface waters shall be Inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be 'staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall not take place within 50 feet of a waterbody or
wetlands to prevent contamination by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3)
and 15A NCAC 02B .0211(12)]
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
22. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any
petroleum spill regardless of amount occurring within 100 feet of surface waters;. and any
petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours.
23. If an environmental document is required under the State Environmental Policy Act (SEPA),
then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or
Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental document
is required under the National Environmental Policy Act (NEPA), then this General
Certification is not valid until a Categorical Exclusion, the Final Environmental Assessment, or
Final Environmental Impact Statement is published by the lead agency 115A NCAC 01C
.0107(a)]
24. This General Certification does not relieve the applicant of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project,
including those required by, but not limited to Sediment and Erosion Control, Non -Discharge,
Water Supply Watershed, and Trout Buffer regulations.
25. The applicant and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance
with §303(d) of the Clean Water Act), and any other appropriate requirements of State and
Federal Law. If DWR determines that such standards or laws are not being met, including
failure to sustain a designated or achieved use, or that State or Federal law is being violated,
or that further conditions are necessary to assure compliance, then DWR may revoke or
modify a written authorization associated with this General Water Quality Certification. [15A
NCAC 02H .0507(d)]
Page 10 of 12

GC4097
26. When written authorization is required for use of this Certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return a certificate of completion (available on the DWR
website https:Hedocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
27. Additional site -specific conditions, including monitoring and/or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards. [15A NCAC 02H .0507(c)]
28. If the property or project is sold or transferred, the new Permittee shall be given a copy of
this Certification (and written authorization if applicable) and is responsible for complying
with all conditions. [15A NCAC 02H .0501 and .0502]
III. GENERAL CERTIFICATION ADMINISTRATION:
1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401
Water Quality General Certification must include the appropriate fee. An applicant for a
CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water
Quality Certification is required shall orlly make one payment to satisfy both agencies; the fee
shall be as established by the Secretary in accordance with 143-215.313(e)(7).
2. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person and
this Certification does not create any prescriptive right or any right of priority regarding any
usage of water. This Certification shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity
of the withdrawal or the date on which the withdrawal was initiated or expanded.
3. This Certification grants permission to the Director, an authorized representative of the
Director, or DWR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
4. This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect
on the date of issuance of Certification for a specific project shall remain in effect for the life
of the project, regardless of the expiration date of this Certification. This General
Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the
corresponding Nationwide Permits and/or Regional General Permits or when deemed
appropriate by the Director of the Division of Water Resources.
Page 11 of 12

GC4097
5. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in
criminal and/or civil penalties.
6. The Director of the North Carolina Division of Water Resources may require submission of a
formal application for Individual Certification for any project in this category of activity if it is
determined that the project is likely to have a significant adverse effect upon water quality,
including state or federally listed endangered or threatened aquatic species, ondegrade the
waters so that existing uses of the water or downstream waters are precluded.
Public hearings may be held prior to a Certification decision if deemed in the public's best
interest by the Director of the North Carolina Division of Water Resources.
History Note: Water Quality Certification (WQC) Number 4097 issued March 6, 2017 replaces
WQC Number 3900 issued March 19, 2012; WQC Number 3641 and 3642 issued March 19, 2007;
WQC Numbers 3371 and 3400 issued March 18, 2002, WQC Number 3274 issued June 1, 2000,
WQC Number 3112 issued February 11, 1997,• and WQC Number 3025 issued September 6, 1995.
Page 12 of 12

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-02480 County: Carteret County U.S.G.S. Quad: Harkers Island
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
North Carolina Coastal Federation
Attn: Mr. Todd Miller and Ms. Bree Tillett
Address:
3609 NC Hwy 24
Newport, NC 28570
Telephone Number:
252-393-8185
Size (acres)
--0.5 acre Nearest Town
Harkers Island
Nearest Waterway
Core Sound River Basin
Onslow Bay
USGS HUC
03020301 Coordinates
Latitude: 34.7009642097958
Longitude:-76.554470942934
Location description: The protect site is located in waters of Westmouth Bay, north of Guthrie Drive and adjacent to the
Harkers Island Camperound, on the north side of Harkers Island, in Carteret County, North Carolina.
Description of project area and activity: This verification authorizes impacts to waters of the U.S. in association with a NOAA
pre and post debris removal throueh 2018.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
® Sections 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 27
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated August 18, 2017 and October 25, 2017, Any
violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Sarah Hair at [phone] or Sarah.E.Hair(a),ussee.army.mil.

SAW-2017-02480 ?
Corps Regulatory Official: �// Date: November 30, 2017
Expiration Date of Verification: NYarch 18, 2022
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
littp://corpsmapu.usace.army.mil/cm apex/Pp=136:4:0.
Electronic copies furnished:
Dr. Ken Riley, NOAA-NMFS-HCD
Mr. Gregg Bodner, NC DCM
Mr. Robb Mairs, NC DWR
Ms. Bree Tillett, NCCF

SPECIAL CONDITIONS
1) 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 httv://www.fws.aov/nc-
es/mammal/manatee euidelines.udf.

Action ID Number: SAW-2017-02480 County: Carteret County
Permittee: North Carolina Coastal Federation/Ms. Bree Tillett
Project Name: Harkers Island Marine Debris NOAA NCCF
Date Verification Issued: November 30, 2017
Project Manager: Sarah Hair
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Sarah Hair
69 Darlington Avenue
Wilmington, North Carolina 28403
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

Harkers Island Marine Debris Proiect
Applicant: North Carolina Coastal Federation oo Locations of embedded material that mayresult in temporary impacts to the bottom.
Adjacent Land Owner: Chris Chadwick, Harkers Island RV Resort Feet e,. [. 1 i. , k- 1 nn feof

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is
a Federally -listed endangered aquatic mammal protected under the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act
of 1972, as amended (16 U.S.0 1461 et seq.). The manatee is also listed as endangered
under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of
the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal
agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some
individuals have been recorded at lengths greater than 13 feet and weighing as much as
3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats,
including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity
extremes. Manatees spend much of their time underwater or partly submerged, making
them difficult to detect even in shallow water. While the manatee's principal stronghold in
the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared
precautionary measures for general construction activities in waters used by the species.
Implementation of these measure will allow in -water projects which do not require blasting
to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines
as conservation measures in a Biological Assessment or Biological Evaluation, or as part
of the determination of impacts on the manatee in an environmental document prepared
pursuant to the National Environmental Policy Act, will expedite the Service's review of the
document for the fulfillment of requirements under Section 7 of the Endangered Species
Act. These measures include:
1. The project manager and/or contractor will inform all personnel associated with the
project that manatees may be present in the project area, and the need to avoid any harm
to these endangered mammals. The project manager will ensure that all construction
personnel know the general appearance of the species and their habit of moving about
completely or partially submerged in shallow water. All construction personnel will be
informed that they are responsible for observing water -related activities for the presence
of manatees.
2. The project manager and/or the contractor will advise all construction personnel that

there are civil and criminal penalties for harming, harassing, or killing manatees which are
protected under the Marine Mammal Protection Act and the Endangered Species Act.
3. If a manatee is seen within 100 yards of the active construction and/or dredging
operation or vessel movement, all appropriate precautions will be implemented to ensure
protection of the manatee. These precautions will include the immediate shutdown of
moving equipment if a manatee comes within 50 feet of the operational area of the
equipment. Activities will not resume until the manatee has departed the project area on
its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report
must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the
National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife
Resources Commission (ph. 252.448.1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible
to the vessel operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmer
months, primarily from June through October. Idle speed is required if operating
this vessel in shallow water during these months. All equipment must be shut down
if a manatee comes within 50 feet of the vessel or operating equipment. A collision
with and/or injury to the manatee must be reported immediately to the U.S. Fish and
Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service
(252.728.8762), and the North Carolina Wildlife Resources Commission
(252.448.1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to
manatees during project activities. Upon completion of the action, the project manager will
prepare a report which summarizes all information on manatees encountered and submit
the report to the Service's Raleigh Field Office.
7. All vessels associated with the construction project will operate at "no wake/idle" speeds
at all times while in water where the draft of the vessel provides less than a four foot
clearance from the bottom. All vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of
material in which manatees cannot become entangled; (b) secured in a manner that they
cannot break free and entangle manatees; and, (c) regularly monitored to ensure that
manatees have not become entangled. Barriers will be placed in a manner to allow
manatees entry to or exit from essential habitat.
Prepared by (rev. 06/2003):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520

Figure 1. The whole body of the West Indian manatee may be visible in clear water; but
in the dark and muddy waters of coastal North Carolina, one normally sees only a small
part of the head when the manatee raises its nose to breathe.
XTS
Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I.
A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-
3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.

NATIONWIDE PERMIT 27
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2017
Aquatic Habitat Restoration, Enhancement, and Establishment Activities. Activities in
waters of the Unified States associated with the restoration, enhancement, and establishment
of tidal and non -tidal wetlands and riparian areas, the restoration and enhancement of non -
tidal streams and other non -tidal open waters, and the rehabilitation or enhancement of tidal
streams, tidal wetlands, and tidal open waters, provided those activities result in net
increases in aquatic resource functions and services.
To be authorized by this NWT, the aquatic habitat restoration, enhancement, or establishment
activity must be planned, designed, and implemented so that it results in aquatic habitat that
resembles an ecological reference. An ecological reference may be based on the
characteristics of an intact aquatic habitat or riparian area of the same type that exists in the
region. An ecological reference may be based on a conceptual model developed from
regional ecological knowledge of the target aquatic habitat type or riparian area.
To the extent that a Corps permit is required, activities authorized by this NWP include, but
are not limited to: the removal of accumulated sediments; the installation, removal, and
maintenance of small water control structures, dikes, and berms, as well as discharges of
dredged or fill material to restore appropriate stream channel configurations after small water
control structures, dikes, and berms, are removed; the installation of current deflectors; the
enhancement, rehabilitation, or re-establishment of riffle and pool stream structure; the
placement of in -stream habitat structures; modifications of the stream bed and/or banks to
enhance, rehabilitate, or re-establish stream meanders; the removal of stream barriers, such as
undersized culverts, fords, and grade control structures; the backfilling of artificial channels;
the removal of existing drainage structures, such as drain tiles, and the filling, blocking, or
reshaping of drainage ditches to restore wetland hydrology; the installation of structures or
fills necessary to restore or enhance wetland or stream hydrology; the construction of small
nesting islands; the construction of open water areas; the construction of oyster habitat over
unvegetated bottom in tidal waters; shellfish seeding; activities needed to reestablish
vegetation, including plowing or discing for seed bed preparation and the planting of
appropriate wetland species; re-establishment of submerged aquatic vegetation in areas where
those plant communities previously existed; re-establishment of tidal wetlands in tidal waters
where those wetlands previously existed; mechanized land clearing to remove non-native
invasive, exotic, or nuisance vegetation; and other related activities. Only native plant species
should be planted at the site.
This NWP authorizes the relocation of non -tidal waters, including non -tidal wetlands
and streams, on the project site provided there are net increases in aquatic resource
functions and services.

Except for the relocation of non -tidal waters on the project site, this NWT does not
authorize the conversion of a stream or natural wetlands to another aquatic habitat type
(e.g., the conversion of a stream to wetland or vice versa) or uplands. Changes in wetland
plant communities that occur when wetland hydrology is more fully restored during
wetland rehabilitation activities are not considered a conversion to another aquatic habitat
type. This NWP does not authorize stream channelization. This NWP does not authorize
the relocation of tidal waters or the conversion of tidal waters, including tidal wetlands, to
other aquatic uses, such as the conversion of tidal wetlands into open water impoundments.
Compensatory mitigation is not required for activities authorized by this NWP since these
activities must result in net increases in aquatic resource functions and services.
Reversion. For enhancement, restoration, and establishment activities conducted: (1) In
accordance with the terms and conditions of a binding stream or wetland enhancement or
restoration agreement, or a wetland establishment agreement, between the landowner and
the U.S. Fish and Wildlife Service (FWS), the Natural Resources Conservation Service .
(NRCS), the Farm Service Agency (FSA), the National Marine Fisheries Service (NMFS),
the National Ocean Service (NOS), U.S. Forest Service (USFS), or their designated state
cooperating agencies; (2) as voluntary wetland restoration, enhancement, and establishment
actions documented by the NRCS or USDA Technical Service Provider pursuant to NRCS
Field Office Technical Guide standards; or (3) on reclaimed surface coal mine lands, in
accordance with a Surface Mining Control and Reclamation Act permit issued by the Office
of Surface Mining Reclamation and Enforcement (OSMRE) or the applicable state agency,
this NWP also authorizes any future discharge of dredged or fill material associated with the
reversion of the area to its documented prior condition and use (i.e., prior to the restoration,
enhancement, or establishment activities). The reversion must occur within five years after
expiration of a limited term wetland restoration or establishment agreement or permit, and is
authorized in these circumstances even if the discharge occurs after this NWP expires. The
five-year reversion limit does not apply to agreements without time limits reached between
the landowner and the FWS, NRCS, FSA, NMFS, NOS, USFS, or an appropriate state
cooperating agency. This NWP also authorizes discharges of dredged or fill material in
waters of the United States for the reversion of wetlands that were restored, enhanced, or
established on prior -converted cropland or on uplands, in accordance with a binding
agreement between the landowner and NRCS, FSA, FWS, or their designated state
cooperating agencies (even though the restoration, enhancement; or establishment activity
did not require a section 404 permit). The prior condition will be documented in the original
agreement or permit, and the determination of return to prior conditions will be made by the
Federal agency or appropriate state agency executing the agreement or permit. Before
conducting any reversion activity the perm ittee or the appropriate Federal or state agency
must notify the district engineer and include the documentation of the prior condition. Once
an area has reverted to its prior physical condition, it will be subject to whatever the Corps
Regulatory requirements are applicable to that type of land at the time. The requirement that
the activity results in a net increase in aquatic resource functions and services does not apply
to reversion activities meeting the above conditions. Except for the activities described
above, this NWP does not authorize any future discharge of dredged or fill material
associated with the reversion of the area to its prior condition. In such cases a separate
permit would be required for any reversion.

Reporting. For those activities that do not require pre -construction notification, the permittee
must submit to the district engineer a copy of: (1) The binding stream enhancement or
restoration agreement or wetland enhancement, restoration, or establishment agreement, or a
project description, including project plans and location map; (2) the NRCS or USDA Technical
Service Provider documentation for the voluntary stream enhancement or restoration action or
wetland restoration, enhancement, or establishment action; or (3) the SMCRA permit issued by
OSMRE or the applicable state agency. The report must also include information on baseline
ecological conditions on the project site, such as a delineation of wetlands, streams, and/or
other aquatic habitats. These documents must be submitted to the district engineer at least 30
days prior to commencing activities in waters of the United States authorized by this NWP.
Notification: The permittee must submit a pre -construction notification to the district engineer
prior to commencing any activity (see general condition 32), except for the following activities:
(1) Activities conducted on non -Federal public lands and private lands, in accordance
with the terms and conditions of a binding stream enhancement or restoration agreement or
wetland enhancement, restoration, or establishment agreement between the landowner and the
FWS, NRCS, FSA, NMFS, NOS, USFS or their designated state cooperating agencies;
(2) Voluntary stream or wetland restoration or enhancement action, or wetland
establishment action, documented by the NRCS or USDA Technical Service Provider
pursuant to NRCS Field Office Technical Guide standards; or
(3) The reclamation of surface coal mine lands, in accordance with an SMCRA
permit issued by the OSMRE or the applicable state agency.
However, the permittee must submit a copy of the appropriate documentation to the district
engineer to fulfill the reporting requirement. (Authorities: Sections 10 and 404)
Note: This NWP can be used to authorize compensatory mitigation projects, including
mitigation banks and in -lieu fee projects. However, this NWP does not authorize the reversion
of an area used for a compensatory mitigation project to its prior condition, since compensatory
mitigation is generally intended to be permanent.

NATIONWIDE PERMIT GENERAL CONDITIONS
The following General Conditions must be followed in order for any authorization by a NWP to
be valid:
1. Navigation. (a) No activity may cause more than a minimal adverse effect on
navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through
regulations or otherwise, must be installed and maintained at the permittee's expense on
authorized facilities in navigable waters of the United States.
(c) 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 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 or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life
cycle movements of those species of aquatic life indigenous to the waterbody, including those
species that normally migrate through the area, unless the activity's primary purpose is to
impound water. All permanent and temporary crossings of waterbodies shall be suitably
culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the
movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing
should be designed and constructed to minimize adverse effects to aquatic life movements.
3. Spawning Areas. Activities in spawning areas. during spawning seasons must
be avoided to the maximum extent practicable. Activities that result in the physical
destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity)
of an important spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that
serve as breeding areas for migratory birds must be avoided to the maximum extent
practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish
populations, unless the activity is directly related to a shellfish harvesting activity
authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity
authorized by NWP 27.
6. Suitable. Material. No activity may use unsuitable material (e.g., trash, debris,
car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see section 307 of the Clean Water Act).

7. Water Supply Intakes. No activity may occur in the proximity of a public water
supply intake, except where the activity is for the repair or improvement of public water supply
intake structures or adjacent bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment
of water, adverse effects to the aquatic system due to accelerating the passage of water,
and/or restricting its flow must be minimized to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the pre -
construction course, condition, capacity, and location of open waters must be maintained for
each activity, including stream channelization, storm water management activities, and
temporary and permanent road crossings, except as provided below. The activity must be
constructed to withstand expected high flows. The activity must not restrict or impede the
passage of normal or high flows, unless the primary purpose of the activity is to impound water
or manage high flows. The activity may alter the pre -construction course, condition, capacity,
and location of open waters if it benefits the aquatic environment (e.g., stream restoration or
relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable
FEMA-approved state or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed
on mats, or other measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment
controls must be used and maintained in effective operating condition during construction, and
all exposed soil and other fills, as well as any work below the ordinary high water mark or
high tide line, must be permanently stabilized at the earliest practicable date. Permittees are
encouraged to perform work within waters of the United States during periods of low -flow or
no -flow, or during low tides.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety
and the affected areas returned to pre -construction elevations. The affected areas must be
revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly
maintained, including maintenance to ensure public safety and compliance with applicable
NWP general conditions, as well as any activity -specific conditions added by the district
engineer to an NWP authorization.
15. Single and Complete Project. The activity must be a single and complete
project. The same NWP cannot be used more than once for the same single and complete
project.
16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of
the National Wild and Scenic River System, or in a river officially designated by Congress as a
"study river" for possible inclusion in the system while the river is in an official study status,

unless the appropriate Federal agency with direct management responsibility for such river,
has determined in writing that the proposed activity will not adversely affect the Wild and
Scenic River designation or study status.
(b) If a proposed NWP activity will occur in a component of the National Wild and
Scenic River System, or in a river officially designated by Congress as a "study river" for
possible inclusion in the system while the river is in an official study status, the permittee must
submit a pre -construction notification (see general condition 32). The district engineer will
coordinate the PCN with the Federal agency with direct management responsibility for that
river. The permittee shall not begin the NWP activity until notified by the district engineer that
the Federal agency with direct management responsibility for that river has determined in
writing that the proposed NWP activity will not adversely affect the Wild and Scenic River
designation or study status.
(c) Information on Wild and Scenic Rivers may be obtained from the appropriate
Federal land management agency responsible for the designated Wild and Scenic River or
study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management,
U.S. Fish and Wildlife Service). Information on. these rivers is also available at:
http://www.rivers.gov/.
17. Tribal Rights. No NWP activity may cause more than minimal adverse effects
on tribal rights (including treaty rights), protected tribal resources, or tribal lands.
18. Endangered Species. (a) No activity is authorized under any NWP which is
likely to directly or indirectly jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the Federal Endangered
Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical
habitat of such species. No activity is authorized under any NWP which "may affect' a listed
species or critical habitat, unless ESA section 7 consultation addressing the effects of the
proposed activity has been completed. Direct effects are the immediate effects on listed species
and critical habitat caused by the NWP activity. Indirect effects are those effects on listed
species and critical habitat that are caused by the NWP activity and are later in time, but still
are reasonably certain to occur.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. If pre -construction notification is required for the proposed activity,
the Federal permittee must provide the district engineer with the appropriate documentation to
demonstrate compliance with those requirements. The district engineer will verify that the
appropriate documentation has been submitted. If the appropriate documentation has not been
submitted, additional ESA section 7 consultation may be necessary for the activity and the
respective federal agency would be responsible for fulfilling its obligation under section 7 of
the ESA.
(c) Non-federal permittees must submit a pre -construction notification to the
district engineer if any listed species or designated critical habitat might be affected or is in the
vicinity of the activity, or if the activity is located in designated critical habitat, and shall not
begin work on the activity until notified by the district engineer that the requirements of the
ESA have been satisfied and that the activity is authorized. For activities that might affect
Federally -listed endangered or threatened species or designated critical habitat, the pre -
construction notification must include the name(s) of the endangered or threatened species that
0

might be affected by the proposed activity or that utilize the designated critical habitat that
might be affected by the proposed activity. The district engineer will determine whether the
proposed activity "may affect" or will have "no effect" to listed species and designated critical
habitat and will notify the non- Federal applicant of the Corps' determination within 45 days of
receipt of a complete pre- construction notification. In cases where the non -Federal applicant
has identified listed species or critical habitat that might be affected or is in the vicinity of the
activity, and has so notified the Corps, the applicant shall not begin work until the Corps has
provided notification that the proposed activity will have "no effect" on listed species or critical
habitat, or until ESA section 7 consultation has been completed. If the non -Federal applicant has
not heard back from the Corps within 45 days, the applicant must still wait for notification from
the Corps.
(d) Asa result of formal or informal consultation with the FWS or NMFS the
district engineer may add species -specific permit conditions to the NWPs.
(e) Authorization of an activity by an NWP does not authorize the "take" of a
threatened or endangered species as defined under the ESA. In the absence of separate
authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take"
provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person
subject to the jurisdiction of the United States to take a listed species, where "take" means to
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage
in any such conduct. The word "harm" in the definition of "take" means an act which actually
kills or injures wildlife. Such an act may include significant habitat modification or degradation
where it actually kills or injures wildlife by significantly impairing essential behavioral
patterns, including breeding, feeding or sheltering.
(f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take
permit with an approved Habitat Conservation -Plan for a project or a group of projects that
includes the proposed NWP activity, the non-federal applicant should provide a copy of that
ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general
condition. The district engineer will coordinate with the agency that issued the ESA section
I0(a)(1)(B) permit to determine whether the proposed NWP activity and the associated
incidental take were considered in the internal ESA section 7 consultation conducted for the
ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency
that the proposed NWP activity and the associated incidental take were considered in the
internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district
engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP
activity. The district engineer will notify the non-federal applicant within 45 days of receipt of
a complete pre -construction notification whether the ESA section I0(a)(1)(B) permit covers the
proposed NWT activity or whether additional ESA section 7consultation is required.
(g) Information on the location of threatened and endangered species and their
critical habitat can be obtained directly from the offices of the FWS and NMFS or their world
wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and
http://www.ninfs.noaa.gov/pr/species/esa/ respectively.
19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for
ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden
Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the
U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory
7

birds or eagles, including whether "incidental take" permits are necessary and available under
the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular
activity.
20. Historic Properties. (a) In cases where the district engineer determines that the
activity may have the potential to cause effects to properties listed, or eligible for listing, in the
National Register of Historic Places, the activity is not authorized, until the requirements of
Section 106 of the National Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of section 106 of the National Historic Preservation Act. If pre -construction
notification is required for the proposed NWP activity, the Federal permittee must provide the
district engineer with the appropriate documentation to demonstrate compliance with those
requirements. The district engineer will verify that the appropriate documentation has been
submitted. If the appropriate documentation is not submitted, then additional consultation
under section 106 may be necessary. The respective federal agency is responsible for fulfilling
its obligation to comply with section 106.
(c) Non-federal permittees must submit a pre -construction notification to the
district engineer if the NWP activity might have the potential to cause effects to any historic
properties listed on, determined to be eligible for listing on, or potentially eligible for listing on
the National Register of Historic Places, including previously unidentified properties. For such
activities, the pre -construction notification must state which historic properties might have the
potential to be affected by the proposed NWP activity or include a vicinity map indicating the
location of the historic properties or the potential for the presence of historic properties.
Assistance regarding information on the location of, or potential for, the presence of historic
properties can be sought from the State Historic Preservation Officer, Tribal Historic
Preservation Officer, or designated tribal representative, as appropriate, and the National
Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre -construction
notifications, district engineers will comply with the current procedures for addressing the
requirements of section 106 of the National Historic Preservation Act. The district engineer
shall make a reasonable and good faith effort to carry out appropriate identification efforts,
which may include background research, consultation, oral history interviews, sample field
investigation, and field survey. Based on the information submitted in the PCN and these
identification efforts, the district engineer shall determine whether the proposed NWP activity
has the potential to cause effects on the historic properties. Section 106 consultation is not
required when the district engineer determines that the activity does not have the potential to
cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required
when the district engineer determines that the activity has the potential to cause effects on
historic properties. The district engineer will conduct consultation with consulting parties
identified under 36 CFR 800.2(c) when he or she makes any of the following effect
determinations for the purposes of section 106 of the NHPA: no historic properties affected, no
adverse effect, or adverse effect. Where the non -Federal applicant has identified historic
properties on which the activity might have the potential to cause effects and so notified the
Corps, the non -Federal applicant shall not begin the activity until notified by the district
engineer either that the activity has no potential to cause effects to historic properties or that
NHPA section 106 consultation has been completed.
8

(d) For non-federal permittees, the district engineer will notify the prospective
permittee within 45 days of receipt of a complete pre -construction notification whether NHPA
section 106 consultation is required. IfNHPA section 106 consultation is required, the district
engineer will notify the non -Federal applicant that he or she cannot begin the activity until
section 106 consultation is completed. If the non -Federal applicant has not heard back from the
Corps within 45 days, the applicant must still wait for notification from the Corps.
(e) Prospective permittees should be aware that section I l0k of the NHPA (54
U.S.C. 3061.13) prevents the Corps from granting a permit or other assistance to an applicant
who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally
significantly adversely affected a historic property to which the permit would relate, or having
legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps,
after consultation with the Advisory Council on Historic Preservation (ACHP), determines that
circumstances justify granting such assistance despite the adverse effect created or permitted
by the applicant. If circumstances justify granting the assistance, the Corps is required to
notify the ACHP and provide documentation specifying the circumstances, the degree of
damage to the integrity of any historic properties affected, and proposed mitigation. This
documentation must include any views obtained from the applicant, SHPO/THPO, appropriate
Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects
properties of interest to those tribes, and other parties known to have a legitimate interest in the
impacts to the permitted activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. If you discover
any previously unknown historic, cultural or archeological remains and artifacts while
accomplishing the activity authorized by this permit, you must immediately notify the district
engineer of what you have found, and to the maximum extent practicable, avoid construction
activities that may affect the remains and artifacts until the required coordination has been
completed. The district engineer will initiate the Federal, Tribal, and state coordination
required to determine if the items or remains warrant a recovery effort or if the site is eligible
for listing in the National Register of Historic Places.
22. Desienated Critical Resource Waters. Critical resource waters include, NOAA-
managed marine sanctuaries and marine monuments, and National Estuarine Research
Reserves. The district engineer may designate, after notice and opportunity for public
comment, additional waters officially designated by a state as having particular environmental
or ecological significance, such as outstanding national resource waters or state natural
heritage sites. The district engineer may also designate additional critical resource waters after
notice and opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for
any activity within, or directly affecting, critical resource waters, including wetlands adjacent
to such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and
54, notification is required in accordance with general condition 32, for any activity proposed in
the designated critical resource waters including wetlands adjacent to'those waters. The district
engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.

23. Mitigation. The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that the individual and
cumulative adverse environmental effects are no more than minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse
effects, both temporary and permanent, to waters of the United States to the maximum extent
practicable at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
compensating for resource losses) will be required to the extent necessary to ensure that the
individual and cumulative adverse environmental effects are no more than minimal.
(c) Compensatory mitigation at a minimum one -for -one ratio will be required for
all wetland losses that exceed 1/10-acre and require pre -construction notification, unless the
district engineer determines in writing that either some other form of mitigation would be
more environmentally appropriate or the adverse environmental effects of the proposed
activity are no more than minimal, and provides an activity -specific waiver of this
requirement. For wetland losses of 1/10-acre or less that require pre -construction notification,
the district engineer may determine on a case -by -case basis that compensatory mitigation is
required to ensure that the activity results in only minimal adverse environmental effects.
(d) For losses of streams or other open waters that require pre -construction
notification, the district engineer may require compensatory mitigation to ensure that the
activity results in no more than minimal adverse environmental effects. Compensatory
mitigation for losses of streams should be provided, if practicable, through stream
rehabilitation, enhancement, or preservation, since streams are difficult -to -replace resources
(see 33 CFR 332.3(e)(3)).
(e) Compensatory mitigation plans for NWP activities in or near streams or other
open waters will normally include a requirement for the restoration or enhancement,
maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open
waters. In some cases, the restoration or maintenance/protection of riparian areas may be the
only compensatory mitigation required. Restored riparian areas should consist of native
species. The width of the required riparian area will address documented water quality or
aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each
side of the stream, but the district engineer may require slightly wider riparian areas to address
documented water quality or habitat loss concerns. If it is not possible to restore or
maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or
coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or
shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the
district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas
and/or wetlands compensation) based on what is best for the aquatic environment on a
watershed basis. In cases where riparian areas are determined to be the most appropriate form
of minimization or compensatory mitigation, the district engineer may waive or reduce the
requirement to provide wetland compensatory mitigation for wetland losses.
(f) Compensatory mitigation projects provided to offset losses of aquatic
resources must comply with the applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate
compensatory mitigation option if compensatory mitigation is necessary to ensure that the
activity results in no more than minimal adverse environmental effects. For the NWPs, the
preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-
10

lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number
and type of mitigation bank or in -lieu credits are not available at the time the PCN is submitted
to the district engineer, the district engineer may approve the use of permittee-responsible
mitigation.
(2) The amount of compensatory mitigation required by the district engineer must
be sufficient to ensure that the authorized activity results in no more than minimal individual
and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR
332.3(o).
(3) Since the likelihood of success is greater and the impacts to potentially
valuable uplands are reduced, aquatic resource restoration should be the first
compensatory mitigation option considered for permittee-responsible mitigation.
(4) If permittee-responsible mitigation is the proposed option, the prospective
permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation
plan may be used by the district engineer to make the decision on the NWP verification request,
but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2)
through (14) must be approved by the district engineer before the permittee begins work in
waters of the United States, unless the district engineer determines that prior approval of the
final mitigation plan is not practicable or not necessary to ensure timely completion of the
required compensatory mitigation (see 33 CFR 332.3(k)(3)).
(5) If mitigation bank or in -lieu fee program credits are the proposed option, the
mitigation plan only needs to address the baseline conditions at the impact site and the
number of credits to be provided.
(6) Compensatory mitigation requirements (e.g., resource type and amount to be
provided as compensatory mitigation, site protection, ecological performance standards,
monitoring requirements) may be addressed through conditions added to the NWP
authorization, instead of components of a compensatory mitigation plan (see 33 CFR
332.4(c)(1)(ii)).
(g) Compensatory mitigation will not be used to increase the acreage losses
allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of
1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than
1/2-acre of waters of the United States, even if compensatory mitigation is provided that
replaces or restores some of the lost waters. However, compensatory mitigation can and should
be used, as necessary, to ensure that an NWP activity already meeting the established acreage
limits also satisfies the no more than minimal impact requirement for the NWPs.
(h) Perm ittees may propose the use of mitigation banks, in -lieu fee programs, or
permittee-responsible mitigation. When developing a compensatory mitigation proposal, the
permittee must consider appropriate and practicable options consistent with the framework at
33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources,
permittee-responsible mitigation may be environmentally preferable if there are no mitigation
banks or in -lieu fee programs in the area that have marine or estuarine credits available for
sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of
the NWP verification must clearly indicate the party or parties responsible for the
implementation and performance of the compensatory mitigation project, and, if required, its
long-term management.
(i) Where certain functions and services of waters of the United States are
permanently adversely affected by a regulated activity, such as discharges of dredged or fill
11

material into waters of the United States that will convert a forested or scrub -shrub wetland to
a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be
required to reduce the adverse environmental effects of the activity to the no more than
minimal level.
24. Safety of Impoundment Structures. To ensure that all impoundment structures
are safely designed, the district engineer may require non -Federal applicants to demonstrate that
the structures comply with established state dam safety criteria or have been designed by
qualified persons. The district engineer may also require documentation that the design has
been independently reviewed by similarly qualified persons, and appropriate modifications
made to ensure safety.
25. Water Quality. Where States and authorized Tribes, or EPA where applicable,
have not previously certified compliance of an NWP with CWA section 401, individual 401
Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district
engineer or State or Tribe may require additional water quality management measures to ensure
that the authorized activity does not result in more than minimal degradation of water quality.
26. Coastal Zone Management. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements.
27. Regional and Case -By -Case Conditions. The activity must comply with any
regional conditions that may have been added by the.Division Engineer (see 33 CFR 330.4(e))
and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S.
EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone
Management Act consistency determination.
28. Use of Multiple Nationwide Permits. The use of more than one NWP for a
single and complete project is prohibited, except when the acreage loss of waters of the United
States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest
specified acreage limit. For example, if a road crossing over tidal waters is constructed under
NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss
of waters of the United States for the total project cannot exceed 1/3-acre.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the nationwide
permit verification to the new owner by submitting a letter to the appropriate Corps district
office to validate the transfer. A copy of the nationwide permit verification must be attached to
the letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at the
time the property is transferred, the terms and conditions of this nationwide permit, including
any special conditions, will continue to be binding on the new owner(s) of the property. To
12

validate the transfer of this nationwide permit and the associated liabilities associated with
compliance with its terms and conditions, have the transferee sign and date below."
(Transferee)
(Date)
30. Compliance Certification. Each permittee who receives an NWP verification
letter from the Corps must provide a signed certification documenting completion of the
authorized activity and implementation of any required compensatory mitigation. The
success of any required permittee-responsible mitigation, including the achievement of
ecological performance standards, will be addressed separately by the district engineer. The
Corps will provide the permittee the certification document with the NWP verification letter.
The certification document will include:
(a) A statement that the authorized activity was done in accordance with the NWP
authorization, including any general, regional, or activity -specific conditions;
(b) A statement that the implementation of any required compensatory mitigation
was completed in accordance with the permit conditions. If credits from a mitigation bank or
in -lieu fee program are used to satisfy the compensatory mitigation requirements, the
certification must include the documentation required by 33 CFR 332.3(1)(3) to confirm that
the permittee secured the appropriate number and resource type of credits; and
(c) The signature of the permittee certifying the completion of the activity and
mitigation.
The completed certification document must be submitted to the district engineer
within 30 days of completion of the authorized activity or the implementation of any required
compensatory mitigation, whichever occurs later.
31. Activities Affectina Structures or Works Built by the United States. If an NWP
activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter
or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE)
federally authorized Civil Works project (a "USACE project'), the prospective permittee must
submit a pre -construction notification. See paragraph (b)(10) of general condition 32. An
activity that requires section 408 permission is not authorized by NWP until the appropriate
Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and
the district engineer issues a written NWP verification.
32. Pre -Construction Notification. (a) Timing. Where required by the terms of the
NWP, the prospective permittee must notify the district engineer by submitting a pre -
construction notification (PCN)as early as possible. The district engineer must determine if the
PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to
be incomplete, notify the prospective permittee within that 30 day period to request the
additional information necessary to make the PCN complete. The request must specify the
information needed to make the PCN complete. As a general rule, district engineers will request
additional information necessary to make the PCN complete only once. However, if the
13

prospective permittee does not provide all of the requested information, then the district
engineer will notify the prospective permittee that the PCN is still incomplete and the PCN
review process will not commence until all of the requested information has been received by
the district engineer. The prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may
proceed under the NWP with any special conditions imposed by the district or division
engineer; or
(2) 45 calendar days have passed from the district engineer's receipt of the
complete PCN and the prospective permittee has not received written notice from the district or
division engineer. However, if the permittee was required to notify the Corps pursuant to
general condition 18 that listed.species or critical habitat might be affected or are in the vicinity
of the activity, or to notify the Corps pursuant to general condition 20 that the activity might
have the potential to cause effects to historic properties, the permittee cannot begin the activity
until receiving written notification from the Corps that there is "no effect" on listed species or
"no potential to cause effects" on historic properties, or that any consultation required under
Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the
National Historic Preservation Act (see 33 CFR 330.4(g))'has been completed. Also, work
cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from
the Corps. If the proposed activity requires a written waiver to exceed specified limits of an
NWP, the permittee may not begin the activity until the district engineer issues the waiver. If
the district or division engineer notifies the permittee in writing that an individual permit is
required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the
activity until an individual permit has been obtained. Subsequently, the permittee's right to
proceed under the NWP may be modified, suspended, or revoked only in accordance with the
procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre -Construction Notification: The PCN must be in writing and
include the following information:
(1) Name, address and telephone numbers of the prospective permittee; _
(2) Location of the proposed activity;
(3) Identify the specific NWP or NWP(s) the prospective permittee wants to use
to authorize the proposed activity;
(4) A description of the proposed activity; the activity's purpose; direct and indirect
adverse environmental effects the activity would cause, including the anticipated amount of loss
of wetlands, other special aquatic sites, and other waters expected to result from the NWP
activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed
mitigation measures intended to reduce the adverse environmental effects caused by the
proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s)
used or intended to be used to authorize any part of the proposed project or any related activity,
including other separate and distant crossings for linear projects that require Department of the
Army authorization but do not require pre -construction notification. The description of the
proposed activity and any proposed mitigation measures should be sufficiently detailed to allow
the district engineer to determine that the adverse environmental effects of the activity will be
no more than minimal and to determine the need for compensatory mitigation or other
mitigation measures. For single and complete linear projects, the PCN must include the
quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each
single and complete crossing of those wetlands, other special aquatic sites, and other waters.
14

Sketches should be provided when necessary to show that the activity complies with the terms
of the NWP. (Sketches usually clarify the activity and when provided results in a quicker
decision. Sketches should contain sufficient detail to provide an illustrative description of the
proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans);
(5) The PCN must include a delineation of wetlands, other special aquatic sites,
and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams,
on the project site. Wetland delineations must be prepared in accordance with the current
method required by the Corps. The permittee may ask the Corps to delineate the special
aquatic sites and other waters on the project site, but there may be a delay if the Corps does
the delineation, especially if the project site is large or contains many wetlands, other special
aquatic sites, and other waters. Furthermore, the 45 day period will not start until the
delineation has been submitted to or completed by the Corps, as appropriate;
(6) If the proposed activity will result in the loss of greater than 1/10-acre of
wetlands and a PCN is required, the prospective permittee must submit a statement
describing how the mitigation requirement will be satisfied, or explaining why the
adverse environmental effects are no more than minimal and why compensatory
mitigation should not be required. As an alternative, the prospective permittee may submit
a conceptual or detailed mitigation plan.
(7) For non -Federal permittees, if any listed species or designated critical habitat
might be affected or is in the vicinity of the activity, or if the activity is located in designated
critical habitat, the PCN must include the name(s) of those endangered or threatened species
that might be affected by the proposed activity or utilize the designated critical habitat that
might be affected by the proposed activity. For NWP activities that require pre -construction
notification, Federal permittees must provide documentation demonstrating compliance with
the Endangered Species Act;
(8) For non -Federal permittees, if the NWP activity might have the potential to
cause effects to a historic property listed on, determined to be eligible for listing on, or
potentially eligible for listing on, the National Register of Historic Places, the PCN must state
which historic property might have the potential to be affected by the proposed activity or
include a vicinity map indicating the location of the historic property. For NWP activities that
require pre -construction notification, Federal permittees must provide documentation
demonstrating compliance with section 106 of the National Historic Preservation Act;
(9) For an activity that will occur in a component of the National Wild and Scenic
River System, or in a river officially designated by Congress as a "study river" for possible
inclusion in the system while the river is in an official study status, the PCN must identify the
Wild and Scenic River or the "study river" (see general condition 16); and
(10) For an activity that requires permission from the Corps pursuant to 33 U.S.C.
408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of
Engineers federally authorized civil works project, the pre -construction notification must
include a statement confirming that the project proponent has submitted a written request for
section 408 permission from the Corps office having jurisdiction over that USACE project.
(c) Form of Pre -Construction Notification: The standard individual permit
application form (Form ENG 4345) may be used, but the completed application form must
clearly indicate that it is an NWP PCN and must include all of the applicable information
required in paragraphs (b)(1) through (10) of this general condition. A letter containing the
required information may also be used. Applicants may provide electronic files of PCNs and
15

supporting materials if the district engineer has established tools and procedures for electronic
submittals.
(d) Agency Coordination: (1) The district engineer will consider any comments
from Federal and state agencies concerning the proposed activity's compliance with the terms
and conditions of the NWPs and the need for mitigation to reduce the activity's adverse
environmental effects so that they are no more than minimal.
(2) Agency coordination is required for: (i) all NWP activities that require pre -
construction notification and result in the loss of greater than 1/2-acre of waters of the United
States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre -
construction notification and will result in the loss of greater than 300 linear feet of stream
bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per
running foot, or involve discharges of dredged or fill material into special aquatic sites; and
(iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than
30 feet from the mean low water line in tidal waters or the ordinary high water mark in the
Great Lakes.
(3) When agency coordination is required, the district engineer will immediately
provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a
copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural
resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of
NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to
notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to
provide substantive, site -specific comments. The comments must explain why the agency
believes the adverse environmental effects will be more than minimal. If so contacted by an
agency, the district engineer will wait an additional 15 calendar days before making a decision
on the pre -construction notification. The district engineer will fully consider agency comments
received within the specified time frame concerning the proposed activity's compliance with
the terms and conditions of the NWPs, including the need for mitigation to ensure the net
adverse environmental effects of the proposed activity are no more than minimal. The district
engineer will provide no response to the resource agency, except as provided below. The
district engineer will indicate in the administrative record associated with each pre -construction
notification that the resource agencies' concerns were considered. For NWP 37, the emergency
watershed protection and rehabilitation activity may proceed immediately in cases where there
is an unacceptable hazard to life or a significant loss of property or economic hardship will
occur. The district engineer will consider any comments received to decide whether the NWP
37 authorization should be modified, suspended, or revoked in accordance with the procedures
at 33 CFR 330.5.
(4) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the
Magnuson -Stevens Fishery Conservation and Management Act.
(5) Applicants are encouraged to provide the Corps with either electronic files or
multiple copies of pre -construction notifications to expedite agency coordination.
DISTRICT ENGINEER'S DECISION
1. In reviewing the PCN for the proposed activity, the district engineer will
determine whether the activity authorized by the NWP will result in more than minimal
16

individual or cumulative adverse environmental effects or may be contrary to the public
interest. If a project proponent requests authorization by a specific NWT, the district engineer
should issue the NWP verification for that activity if it meets the terms and conditions of that
NWP, unless he or she determines, after considering mitigation, that the proposed activity will
result in more than minimal individual and cumulative adverse effects on the aquatic
environment and other aspects of the public interest and exercises discretionary authority to
require an individual permit for the proposed activity. For a linear project, this determination
will include an evaluation of the individual crossings of waters of the United States to
determine whether they individually satisfy the terms and conditions of the NWP(s), as well as
the cumulative effects caused by all of the crossings authorized by NWP. If an applicant
requests a waiver of the 300 linear foot limit on impacts to streams or of an otherwise
applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51, 52, or 54,
the district engineer will only grant the waiver upon a written determination that the NWP
activity will result in only minimal individual and cumulative adverse environmental effects.
For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and
ephemeral stream bed and a 1/2-acre limit (i.e., NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and
52), the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional
waters and wetlands, cannot exceed 1/2-acre.
2. When making minimal adverse environmental effects determinations the district
engineer will consider the direct and indirect effects caused by the NWP activity. He or she
will also consider the cumulative adverse environmental effects caused by activities authorized
by NWP and whether those cumulative adverse environmental effects are no more than
minimal. The district engineer will also consider site specific factors, such as the
environmental setting in the vicinity of the NWP activity, the type of resource that will be
affected by the NWP activity, the functions provided by the aquatic resources that will be
affected by the NWP activity, the degree or magnitude to which the aquatic resources perform
those functions, the extent that aquatic resource functions will be lost as a result of the NWP
activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or
permanent), the importance of the aquatic resource functions to the region (e.g., watershed or
ecoregion), and mitigation required by the district engineer. If an appropriate functional or
condition assessment method is available and practicable to use, that assessment method may
be used by the district engineer to assist in the minimal adverse environmental effects
determination. The district engineer may add case -specific special conditions to the NWP
authorization to address site- specific environmental concerns.
3. If the proposed activity requires a PCN and will result in a loss of greater than
1/10-acre of wetlands, the prospective permittee should submit a mitigation proposal with the
PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller
impacts, or for impacts to other types of waters (e.g., streams). The district engineer will
consider any proposed compensatory mitigation or other mitigation measures the applicant has
included in the proposal in determining whether the net adverse environmental effects of the
proposed activity are no more than minimal. The compensatory mitigation proposal may be
either conceptual or detailed. If the district engineer determines that the activity complies with
the terms and conditions of the NWP and that the adverse environmental effects are no more
than minimal, after considering mitigation, the district engineer will notify the permittee and
17

include any activity -specific conditions in the NWP verification the district engineer deems
necessary. Conditions for compensatory mitigation requirements must comply with the
appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final
mitigation plan before the permittee commences work in waters of the United States, unless the
district engineer determines that prior approval of the final mitigation plan is not practicable or
not necessary to ensure timely completion of the required compensatory mitigation. If the
prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district
engineer will expeditiously review the proposed compensatory mitigation plan. The district
engineer must review the proposed compensatory mitigation plan within 45 calendar days of
receiving a complete PCN and determine whether the proposed mitigation would ensure the
NWP activity results in no more than minimal adverse environmental effects. If the net adverse
environmental effects of the NWP activity (after consideration of the mitigation proposal) are
determined by the district engineer to be no more than minimal, the district engineer will
provide a timely written response to the applicant. The response will state that the NWP activity
can proceed under the terms and conditions of the NWP, including any activity=specific
conditions added to the NWP ,authorization by the district engineer.
4. If the district engineer determines that the adverse environmental effects of the
proposed activity are more than minimal, then the district engineer will notify the applicant
either: (a) that the activity does not qualify for authorization under the NWP and instruct the
applicant on the procedures to seek authorization under an individual permit; (b) that the
activity is authorized under the NWP subject to the applicant's submission of a mitigation plan
that would reduce the adverse environmental effects so that they are no more than minimal; or
(c) that the activity is authorized under the NWP with specific modifications or conditions.
Where the district engineer determines that mitigation is required to ensure no more than
minimal adverse environmental effects, the activity will be authorized within the 45-day PCN
period (unless additional time is required to comply with general conditions 18, 20, and/or 31,
or to evaluate PCNs for activities authorized by NWPs 21, 49, and 50), with activity -specific
conditions that state the mitigation requirements. The authorization will include the necessary
conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation
plan that would reduce the adverse environmental effects so that they are no more than
minimal. When compensatory mitigation is required, no work in waters of the United States
may occur until the district engineer has approved a specific mitigation plan or has determined
that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely
completion of the required compensatory mitigation.
1. District Engineers have authority to determine if an activity complies with the
terms and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal
project (see'general condition 31).
18

DEFINITIONS
Best mana eg ment practices (BMPs): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.
Compensatory mitigation: The restoration (re-establishment or rehabilitation),
establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic
resources for the purposes of offsetting unavoidable adverse impacts which remain after all
appropriate and practicable avoidance and minimization has been achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded
as to essentially require reconstruction.
Direct effects: Effects that are caused by the activity and occur at the same time and
place.
Discharge: The term "discharge" means any discharge of dredged or fill material
into waters of the United States.
Ecological reference: A model used to plan and design an aquatic habitat and
riparian area restoration, enhancement, or establishment activity under NWP 27. An ecological
reference may be based on the structure, functions, and dynamics of an aquatic habitat type or a
riparian area type that currently exists in the region where the proposed NWP 27 activity is
located. Alternatively, an ecological reference may be based on a conceptual model for the
aquatic habitat type or riparian area type to be restored, enhanced, or established as a result of
the proposed NWP 27 activity. An ecological reference takes into account the range of
variation of the aquatic habitat type or riparian area type in the region.
Enhancement: The manipulation of the physical, chemical, or biological
characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic
resource function(s). Enhancement results in the gain of selected aquatic resource function(s),
but may also lead.to a decline in other aquatic resource function(s). Enhancement does not
result in a gain in aquatic resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a
short duration after, precipitation events in a typical year. Ephemeral stream beds are located
above the water table year-round. Groundwater is not a source of water for the stream. Runoff
from rainfall is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
High Tide Line: The line of intersection of the land with the water's surface at the
maximum height reached by a rising tide. The high tide line may be determined, in the absence
of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of
fine shell or debris on the foreshore or berm, other physical markings or characteristics,
vegetation lines, tidal gages, or other suitable means that delineate the general height reached
by a rising tide. The line encompasses spring high tides and other high tides that occur with
periodic frequency but does not include storm surges in which there is a departure from the
normal or predicted reach of the tide due to the piling up of water against a coast by strong
winds such as those accompanying a hurricane or other intense storm.
Historic Property: Any prehistoric or historic district, site (including archaeological
site), building, structure, or other object included in, or eligible for inclusion in, the National
19

Register of Historic Places maintained by the Secretary of the Interior. This term includes
artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe or Native
Hawaiian organization and that meet the National Register criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete non-
linear project in the Corps Regulatory Program. A project is considered to have independent
utility if it would be constructed absent the construction of other projects in the project area.
Portions of a multi -phase project that depend upon other phases of the project do not have
independent utility. Phases of a project that would be constructed even if the other phases were
not built can be considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther
removed in distance, but are still reasonably foreseeable.
Intermittent stream: An intermittent stream has flowing water during certain times of
the year, when groundwater provides water for stream flow. During dry periods, intermittent
streams may not have flowing water. Runoff from rainfall is a supplemental source of water for
stream flow.
Loss of waters of the United States: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, or drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services. The loss of stream bed includes the acres or
linear feet of stream bed that are filled or excavated as a result of the regulated activity. Waters
of the United States temporarily filled, flooded, excavated, or drained, but restored to pre -
construction contours and elevations after construction, are not included in the measurement of
loss of waters of the United States. Impacts resulting from activities that do not require
Department of the Army authorization, such as activities eligible for exemptions under section
404(f) of the Clean Water Act, are not considered when calculating the loss of waters of the
United States.
Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of
1899. These waters are defined at 33 CFR part 329.
Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. Non -tidal wetlands contiguous to tidal waters are located landward of the
high tide line (i.e., spring high tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that
an ordinary high water mark can be determined. Aquatic vegetation within the area of flowing
or standing water is either non -emergent, sparse, or absent. Vegetated shallows are considered
to be open waters. Examples of "open waters" include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the shore
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas.
Perennial stream: A perennial stream has flowing water year-round during a typical
year. The water table is located above the stream bed for most of the year. Groundwater is the
20

primary source of water for stream flow. Runoff' from rainfall is a supplemental source of
water for stream flow.
Practicable: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes.
Pre -construction notification: A request submitted by the project proponent to the
Corps for confirmation that a particular activity is authorized by nationwide permit. The request
may be a permit application, letter, or similar document that includes information about the
proposed work and its anticipated environmental effects. Pre -construction notification may be
required by the terms and conditions of a nationwide permit, or by regional conditions. A pre -
construction notification may be voluntarily submitted in cases where pre -construction
notification is not required and the project proponent wants confirmation that the activity is
authorized by nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic
resources by an action in or near those aquatic resources. This term includes activities
commonly associated with the protection and maintenance of aquatic resources through the
implementation of appropriate legal and physical mechanisms. Preservation does not result in a
gain of aquatic resource area or functions.
Protected tribal resources: Those natural resources and properties of traditional or
customary religious or cultural importance, either on or off Indian lands, retained by, or
reserved by or for, Indian tribes through treaties, statutes, judicial decisions, or executive orders,
including tribal trust resources.
Re-establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area and functions.
Rehabilitation: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of repairing natural/historic functions to a degraded
aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not
result in a gain in aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of returning natural/historic functions to a former or degraded aquatic
resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided
into two categories: re-establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under
the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient
sections of streams. Such stream sections are recognizable by their hydraulic characteristics.
The rapid movement of water over a course substrate in riffles results in a rough flow, a
turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas
associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a
finer substrate characterize pools.
Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine- marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine
waters with their adjacent wetlands, non -wetland waters, or uplands. Riparian areas provide a
variety of ecological functions and services and help improve or maintain local water quality.
(See general condition 23.)
21

Shellfish seeding: The placement of shellfish seed and/or suitable substrate to
increase shellfish production. Shellfish seed consists of immature individual shellfish or
individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate
may consist of shellfish shells, shell fragments, or other appropriate materials placed into
waters for shellfish habitat.
Single and complete linear proiect: A linear project is a project constructed for the
purpose of getting people, goods, or services from a point of origin to a terminal point, which
often involves multiple crossings of one or more waterbodies at separate and distant locations.
The term "single and complete project" is defined as that portion of the total linear project
proposed or accomplished by one owner/developer or partnership or other association of
owners/developers that includes all crossings of a single water of the United States (i.e., a
single waterbody) at a specific location. For linear projects crossing a single or multiple
waterbodies several times at separate and distant locations, each crossing is considered a single
and complete project for purposes ofNWP authorization. However, individual channels in a
braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc.,
are not separate waterbodies, and crossings of such features cannot be considered separately. .
Single and complete non -linear proiect: For non -linear projects, the term "single and
complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished
by one owner/developer or partnership or other association of owners/developers. A single and
complete non -linear project must have independent utility (see definition of "independent
utility"). Single and complete non -linear projects may not be "piecemealed" to avoid the limits
in an NWP authorization.
Stormwater management: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality
degradation, and flooding and mitigating the. adverse effects of changes in land use on the
aquatic environment.
Stormwater management facilities: Stormwater management facilities are those
facilities, including but not limited to, stormwater retention and detention ponds and best
management practices, which retain water for a period of time to control runoff and/or improve
the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances
and other pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water
marks. The substrate may be bedrock or inorganic particles that range in size from clay to
boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks,
are not considered part of the stream bed.
Stream channelization: The manipulation of a stream's course, condition, capacity,
or location that causes more than minimal interruption of normal stream processes. A
channelized stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples
of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir,
boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef,
permanent mooring structure, power transmission line, permanently moored floating vessel,
piling, aid to navigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal
waters. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the
gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water
22

surface can no longer be practically measured in a predictable rhythm due to masking by other
waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line.
Tribal lands: Any lands title to which is either: 1) held in trust by the United States
for the benefit of any Indian tribe or individual; or 2) held by any Indian tribe or individual
subject to restrictions by the United States against alienation.
Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent
sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions, executive
order or agreement, and that give rise to legally enforceable remedies..
Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that are permanently inundated and under normal circumstances
have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a
variety of vascular rooted plants in freshwater systems.
Waterbodv: For purposes of the NWPs, a waterbody is a jurisdictional water of the
United States. If a wetland is adjacent to a waterbody determined to be a water of the United
States, that waterbody and any adjacent wetlands are considered together as a single aquatic
unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds,
and wetlands.
23

FINAL 2017 REGIONAL CONDITIONS
NOTICE ABOUT WEB LINKS IN THIS DOCUMENT. -
The web links (both internal to our Wilmington District and any external links to collaborating
agencies) in this document are valid at the time ofpublication. However, the Wilmington
District Regulatory Program web page addresses, as with other agency web sites, may change
over the timeframe of the five year Nationwide Permit renewal cycle, in response to policy
mandates or technology advances. While we will make every effort to check on the integrity of
our web links and provide re -direct pages whenever possible, we ask that you report any broken
links to us so we can keep the page information current and usable. We apologize in advanced
for any broken links that you may encounter, and we ask that you navigate from the Regulatory
home page (Regulatory Permit Program Wetlands and Streams) of the Wilmington District
Corps of Engineers, to the "Permits" section of our web site to find links for pages that cannot
be found by clicking directly on the listed web link in this document.
Final 2017 Regional Conditions for Nationwide Permits (NWP) in the Wilmington District
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are:
1.1 Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
(NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish
spawning areas are excluded during the period between February 15 and June 30, without prior
written approval from the Corps and either NCDMF or NCWRC.
1.2 Trout Waters Moratorium
Waters of the United States in the designated trout watersheds of North Carolina are excluded
during the period between October 15 and April 15 without prior written approval from the
NCWRC, or from the Eastern Band of Cherokee Indians (EBCI) Fisheries and Wildlife
Management (FWM) office if the project is located on EBCI trust land. (See Section 2.7 for
information on the designated trout watersheds).
1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service
(NMFS)
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February 1 and June 30, without prior written approval from the NMFS.
24

2.0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWPs. These waters are:
2.1 Western NC Counties that Drain to Designated Critical Habitat
For proposed activities within waters of the United States that require a Pre -Construction
Notification (PCN) and are located in the sixteen counties listed below, permittees must provide
a copy of the PCN to the U.S. Fish and Wildlife Service (USFWS), 160 Zillicoa Street,
Asheville, North Carolina 28801. This PCN must be sent concurrently to the U.S. Fish and
Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition
18 for specific notification requirements related to the Endangered Species Act and the below
website for information on the location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville U.S. Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood,
Henderson, Jackson, Macon, Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union
and Yancey.
Website and office addresses for Endangered Species Act Information:
The Wilmington District has developed the following website for permittees which provides
guidelines on how to review linked websites and maps in order to fulfill NWP General Condition
18 requirements:
http://www.saw.usace.armv.m il/Missions/RegtilatoryPermitProgram/AgencyCoordination/ESA.a
Permittees who do not have internet access may contact the appropriate U.S. Fish and Wildlife
Service offices listed below or Corps at [phone]:
Asheville U.S. Fish and Wildlife Service Office counties: All counties west of and including
Anson, Stanly, Davidson, Forsythe and Stokes Counties.
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Raleigh U.S. Fish and Wildlife Service Office counties: all counties east of and including
Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
25

Raleigh, NC 27636-3726
Telephone: [phone]
2.2 Special Designation Waters
Prior to the use of any NWP, except NWP 3, that involves a discharge of dredged or fill material
in any of the following identified waters and/or adjacent wetlands in North Carolina, permittees
shall submit a PCN to the District Engineer prior to commencing the activity (see General
Condition 32). The North Carolina waters and wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) or "High Quality Waters" (HQW) as designated by the
North Carolina Environmental Management Commission; "Primary Nursery Areas" (PNA),
including inland PNA, as designated by the North Carolina Marine Fisheries Commission and
the NCWRC; or wetlands adjacent to these waters. Definitions of ORW, HQW and PNA waters
can be found in the North Carolina State Administrative Code, Title 15A, Subchapters 2B and
10C (15A NCAC 02B, 15A NCAC 10C) and at the following World Wide Web page:
htti):Hreoorts.oah.state.nc.us/ncae.asp?folderName=\Title`/`2015A%20-
%20Environniental%20Ouality&lookUi)Error=l5A%20NCAC%20000%20. Surface water
classifications for waters in North Carolina can be viewed at the North Carolina Division of
Water Resources website or at the following World Wide Web Page:
https:Hdeq.ne. gov/about/divisions/water-resources/plannine/classification-
standards/classifications
Permittees who do not have intemet access may contact the Corps at (910) 251- 4633.
2.3 Coastal Area Management Act (CAMA) Areas of Environmental Concern
Non-federal permittees for any NWP in a designated "Area of Environmental Concern" (AEC)
in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (CAMA) must also obtain the required CAMA permit. Development
activities for non-federal projects may not commence until a copy of the approved CAMA permit
is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field
Office — 69 Darlington Avenue, Wilmington, NC 28403, [phone] or Washington Field
Office — 2407 West 5th Street, Washington, NC 27889, [phone]).
2.4 Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina, permittees must submit a PCN
to the District Engineer prior to commencing the activity (see General Condition 32).
2.5 Mountain or Piedmont Bogs
Prior to the use of any NWP in a Bog, as classified by the North Carolina Wetland Assessment
Methodology (NCWAM), permittees shall submit a PCN to the District Engineer prior to
commencing the activity (see General Condition 32). The latest version ofNCWAM can be

viewed on the Corps RIBITS (Regulatory In -lieu Fee and Bank Information Tracking System)
website or at the following World Wide Web Page:
https:Hribits.usace.arniy.mil/ribits apex/f?p=107:27:0::NO:::
2.6 Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the United
States, including wetlands, permittees shall submit a PCN to the District Engineer prior to
commencing the activity (see General Condition 32).
2.7 Trout Waters
Prior to any discharge of dredge or fill material into streams, waterbodies or wetlands within the
294 designated trout watersheds of North Carolina, the permittee shall submit a PCN (see
General Condition 32) to the District Engineer prior to commencing the activity, unless other
thresholds are established in the Regional Conditions in Section 4 (Additional Regional
Conditions for Specific Nationwide Permits). The permittee shall also provide a copy of the
notification to the appropriate NCWRC office, or to the EBCI FWM Office (if the project is
located on EBCI trust land), to facilitate the determination of any potential impacts to designated
Trout Waters.
Notification to the Corps will include a statement with the name of the NCWRC or EBCI FWM
biologist contacted, the date of the notification, the location of work, a delineation of wetlands
and waters, a discussion of alternatives to working in the mountain trout waters, why alternatives
were not selected, and, if applicable, a plan to provide compensatory mitigation for all
unavoidable adverse impacts to mountain trout waters.
NCWRC and NC Trout Watersheds:
NCWRC Contact**
Counties that are
entirely within Trout
Watersheds*
Counties that are
partially within Trout
Watersheds*
Mountain Coordinator
Alleghany Jackson
Burke McDowell
Balsam Depot
Ashe Macon
Buncombe Mitchell
20830 Great Smoky
Avery Swain
Caldwell Polk
Mountain Expressway
Graham Transylvania
Cherokee Rutherford
Waynesville, NC 28786
Haywood Watauga
Clay Surry
Telephone: [phone]
Henderson Wilkes
Madison Yancey
For NCDOT Projects:
NCDOT Coordinator
206 Charter. Street
Albemarle, NC 28001
Telephone:[phone]
27

*NOTE: To determine notification requirements, contact the Corps Asheville Regulatory Field
Office at [phone] or view maps for each County at the following World Wide Web page:
htta://www.saw.usace.army.m it/Missions/Regulatory-Permit-Program/A gencv-
Coordination/Trout/.
* *If a project is located on EBCI trust land, submit the PCN in accordance with Section 3.14.
Contact the Corps Asheville Regulatory Field Office at [phone] with questions.
2.8 Western NC Waters and Corridors
The permittee shall submit a PCN (see General Condition 32) to the District Engineer prior to
commencing the activity in waters of the United States if the activity will occur within any of the
following identified waters in western North Carolina, within 0.5 mile on either side of these
waters, or within 0.75 mile of the Little Tennessee River, as measured from the top of the bank
of the respective water (i.e., river, stream, or creek):
Brasstown Creek
Burningtown Creek
Cane River
Caney Fork
Cartoogechaye Creek
Chattooga River
Cheoah River
Cowee Creek
Cullasaja River
Deep Creek
Ellijay Creek
French Broad River
Garden Creek
Hiwassee River
Hominy Creek
Iotla Creek
Little Tennessee River (within the river or within 0.75 mile on either side of this river)
Nantahala River
Nolichucky River
North Fork French Broad River
North Toe River
Nottley River
Oconaluftee River (portion not located on trust/EBCI land)
Peachtree Creek
Shooting Creek
Snowbird Creek
South Toe River
Stecoah Creek
Swannanoa River
Sweetwater Creek
28

Tuckasegee River (also spelled Tuckaseegee or Tuckaseigee)
Valley River
Watauga Creek
Watauga River
Wayah Creek
West Fork French Broad River
To determine notification requirements, contact the Corps Asheville Regulatory Field Office at
[phone] or view maps for all corridors at the following World Wide Web page:
http://www.saw.usace.armv.m i l/Mi ssions/Reeu latory-Permit-Program/A2ency-
Coord ination/Deli mated-Special-Waters.aspx
3.0 List of Corps Regional Conditions for All Nationwide Permits
The following conditions apply to all Nationwide Permits in the Wilmington District:
3.1 Limitation of Loss of Stream Bed
NWPs may not be used for activities that may result in the loss or degradation of more than 300
total linear feet of stream bed, unless the District Engineer has waived the 300 linear foot limit
for ephemeral and intermittent streams on a case -by -case basis and has determined that the
proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic
environment. Waivers for the loss of ephemeral and intermittent streams must be in writing and
documented by appropriate/accepted stream quality assessments*. This waiver only applies to
the 300 linear feet threshold for NWPs.
This Regional Condition does not apply to NWP 23 (Approved Categorical Exclusions).
*NOTE: Permittees should utilize the most current methodology prescribed by Wilmington
District to assess stream function and quality. Information can be found at:
https:Hribits.usace.army.mil/ribits apex/f?n=107:27:0::NO:::
3.2 Mitigation for Loss of Stream Bed
For any NWP that results in a loss of more than 150 linear feet of stream, the permittee shall
provide a mitigation proposal to compensate for more than minimal individual and cumulative
adverse impacts to the aquatic environment. For stream losses of 150 linear feet or less that
require a PCN, the District Engineer may determine, on a case -by -case basis, that compensatory
mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic
environment.
3.3 Pre -construction Notification for Loss of Streambed Exceeding 150 Feet
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream, intermittent or ephemeral stream, the permittee shall submit a PCN to. the
District Engineer prior to commencing the activity (see General Condition 32). This applies to
29

NWPs that do not have specific notification requirements. If a NWP has specific notification
requirements, the requirements of the NWP should be followed.
3.4 Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material, live or fresh concrete,
including bags of uncured concrete, may not come into contact with the water in or entering into
waters of the United States. Water inside coffer dams or casings that has been in contact with
wet concrete shall only be returned to waters of the United States after the concrete is set and
cured and when it no longer poses a threat to aquatic organisms.
3.5 Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for bank stabilization, the following
measures shall be applied:
3.5.1. Where bank stabilization is conducted as part of an activity, natural design, bioengineering
and/or geoengineering methods that incorporate natural durable materials, native seed mixes, and
native plants and shrubs are to be utilized to the maximum extent practicable.
3.5.2. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters. The placement of filter fabric is not required if the riprap will be pushed
or "keyed" into the bank of the waterbody. A waiver from the specifications in this Regional
Condition may be requested in writing. The waiver will only be issued if it can be demonstrated
that the impacts of complying with this Regional Condition would result in greater adverse
impacts to the aquatic environment.
3.5.3. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.
3.5.4. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.5. It shall be of a size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.
3.5.6. The riprap material shall consist of clean rock or masonry material such as, but not limited
to, granite, marl, or broken concrete.
3.6 Requirements for Culvert Placement
3.6.1 For all NWPs that involve the construction/installation of culverts, measures will be
included in the construction/installation that will promote the safe passage of fish and other
aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe or
culvert should not be modified by altering the width or depth of the stream profile in connection
with the construction activity. The width, height, and gradient of a proposed culvert should be
30

sufficient to pass the average historical low flow and spring flow without adversely altering flow
velocity. Spring flow is the seasonal sustained high flow that typically occurs in the spring.
Spring flows should be determined from gage data, if available. In the absence of such data,
bank -full flow can be used as a comparable indicator.
In Public. Trust Areas of Environmental Concern (AEC) and/or the Estuarine Waters AEC as
designated by the Coastal Area Management Act (LAMA): All pipes/culverts must be
sufficiently sized to allow for the burial of the bottom of the culvert at least one foot below
normal bed elevation.
Circular
Culver?Str7e9a9mbe9d
Rise
(Diameter)
--- f..._--�+-V -
Invert
In all other areas: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or less shall be buried to maintain
aquatic passage and to maintain passage during drought or low flow conditions, and every effort
shall be made to maintain the existing channel slope.
Culverts must be designed and constructed in a manner that minimizes destabilization and head
cutting. Destabilizing the channel and head cutting upstream should be considered and
appropriate actions incorporated in the design and placement of the culvert.
A waiver from the depth specifications in this condition may be requested, in writing, by the
permittee and issued by the Corp; this request must be specific as to the reasons(s) for the
request. The waiver will be issued if it can be demonstrated that the proposed design would
result in less impacts to the aquatic environment.
All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a
manner that does not restrict the flow and circulation patterns of waters of the United States.
31

Culverts placed across wetland fills purely for the purposes of equalizing surface water do not
have.to be buried, but the culverts must be of adequate size and/or number to ensure unrestricted
transmission of water.
3.6.2 Bank -full flows (or less) shall be accommodated through maintenance of the existing bank -
full channel cross sectional area. Additional culverts or culvert barrels at such crossings shall be
allowed only to receive bank -full flows.
Approach Fill
Roadway
below
to appropl.
ied
ambed
iate
q13; cA)
Bafflei Stream
Blockage Bottom
3.6.3 Where adjacent floodplain is available, flows exceeding bank -full should be accommodated
by installing culverts at the floodplain elevation. Additional culverts or culvert barrels at such
crossings should not be buried, or if buried, must have sills at the inlets to ensure that they only
receive flows exceeding bank -full.
3.6.4 Excavation of existing stream channels shall be limited to the minimum necessary to
construct or install the proposed culvert. The final width of the impacted stream at the culvert
inlet and outlet should be no greater than the original stream width. A waiver from this condition
may be requested in writing; this request must be specific as to the reason(s) for the request. The
waiver will be issued if the proposed design would result in less impacts to the aquatic
environment and/or if it can be demonstrated that it is not practicable to restore the final width of
the impacted stream at the culvert inlet and outlet to the width of the original stream channel.
3.6.5 The width of the culvert shall be comparable to the width of the stream channel. If the
width of the culvert is wider than the stream channel, the culvert shall include baffles, benches
and/or sills to maintain the width of the stream channel. A waiver from this condition may be
requested in writing; this request must be specific as to the reason(s) for the request. The waiver
will be issued if it can be demonstrated that it is not practicable or necessary to include baffles,
benches or sills and the design would result in less impacts to the aquatic environment.
3.7 Notification to NCDEQ Shellfish Sanitation Section
Permittees shall notify the NCDEQ Shellfish Sanitation Section prior to dredging in or removing
sediment from an area closed to shell fishing where the effluent may be released to an area open
for shell fishing or swimming in order to avoid contamination from the disposal area and cause a
temporary shellfish closure to be made. Such notification shall also be provided to the
appropriate Corps Regulatory Field Office. Any disposal of sand to the ocean beach should
occur between November 1 and April 30 when recreational usage is low. Only clean sand
32

should be used and no dredged sand from closed shell fishing areas may be used. If beach
disposal were to occur at times other than stated above or if sand from a closed shell fishing area
is to be used, a swimming advisory shall be posted, and a press release shall be issued by the
permittee.
3.8 Submerged Aquatic Vegetation
Impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP, except NWP
48, unless EFH Consultation has been completed pursuant to the Magnuson -Stevens Fisheries
Conservation and Management Act (Magnuson -Stevens Act). Permittees shall submit a PCN
(See NWP General Condition 32) to the District Engineer prior to commencing the activity if the
project would affect SAV. The permittee may not begin work until notified by the Corps that the
requirements of the Magnuson -Stevens Act have been satisfied and that the activity is
authorized.
3.9 Sedimentation and Erosion Control Structures and Measures
All PCNs will identify and describe sedimentation and erosion control structures and measures
proposed for placement in waters of the United States. The structures and measures should be
depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands
and streams.
3.10 Restoration of Temporary Impacts to Stream Beds
Upon completion of work that involves temporary stream impacts, streambeds are to be restored
to pre -project elevations and widths using natural streambed material such that the impacted
stream reach mimics the adjacent upstream and downstream reach. The impacted area shall be
backfilled with natural streambed material to a depth of at least 12 inches or to the bottom depth
of the impacted area if shallower than 12 inches. An engineered in -stream structure or material
can be used to provide protection of a buried structure if it provides benefits to the aquatic
environment and can be accomplished by a natural streambed design. A permittee may request a
waiver of this condition if it is determined a buried structure needs significant physical protection
beyond those provided in this condition. This condition does not apply to NWP 27 — Aquatic
Habitat Restoration, Enhancement, and Establishment Activities.
3.11 Restoration of Temporary Impacts to Stream Banks
Upon completion of work involving temporary stream bank impacts, stream banks are to be
restored to pre -project grade and contours or beneficial grade and contours if the original bank
slope is steep and unstable. Natural durable materials, native seed mixes, and native plants and
shrubs are to be utilized in the restoration. Natural designs which use bioengineered and/or geo-
engineered methods are to be applied. An engineered structure or material can be used to provide
protection of a buried structure if it provides benefits to the stream bank environment, provided it
is not in excess of the minimum amount needed for protection and does not exceed an average of
one cubic yard per running foot placed along the bank below the plane of the ordinary high water
mark. A permittee may request a waiver of this condition if it is determined a buried structure
33

needs significant physical protection beyond those provided in this condition. This condition
does not apply to NWP 27 — Aquatic Habitat Restoration, Enhancement, and Establishment
Activities.
3.12 Federal Navigation Channel Setbacks and Corps Easements
3.12.1 Authorized structures and fills located in or adjacent to Federally authorized waterways
will be constructed in accordance with the latest setback criteria established by the Wilmington
District Engineer. You may review the setback policy at
htto://www.saw.usace.arinv.mil/Missions/Navigation/Setbacks.asi)x. This general permit does
not authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The permittee shall
submit a PCN (see General Condition 32) to the District Engineer prior to the construction of any
structures or fills within the Federally Authorized Channel Setback.
3.12.2 The permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging or other work within the
right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: SAW Web-NAVQusace.army.mil
3.13 Northern Long-eared Bat — Endangered Species Act Compliance
The Wilmington District, U.S. Army Corps of Engineers has consulted with the United States
Fish and Wildlife Service (USFWS) in regards to the threatened Northern long-eared bat
(NLEB) (Myotis septentrionalis) and Standard Local Operating Procedures for Endangered
Species (SLOPES) have been approved by the Corps and the USFWS. This condition concerns
effects to the NLEB only and does not address effects to other federally listed species and/or
federally designated critical habitat.
A. Procedures when the Corps is the lead federal* agency for a project:
The permittee must comply with (1) and (2) below when:
• the project is located in the western 41 counties of North Carolina, to include non-
federal aid North Carolina Department of Transportation (NCDOT) projects, OR;
• the project is located in the 59 eastern counties of North Carolina, and is a non-
NCDOT project.
*Generally, if a project is located on private property or on non-federal land, and the project
is not being funded by a federal entity, the Corps will be the lead federal agency due to the
requirement to obtain Department of the Army authorization to impact waters of the United
States. If the project is located on federal land, contact the Corps to determine the lead
federal agency.
34

(1) A permittee using a NWP must check to see if their project is located in the range of
the NLEB by using the following website:
http://www.fws.govhnidwest/endan-,ered/mammals/nleb/pdf/"SZone.pdf. If the
project is within the range of the NLEB, or if the project includes percussive activities
(e.g., blasting, pile driving, etc.), the permittee is then required to check the appropriate
website in the paragraph below to discover if their project:
• is located in a 12-digit Hydrologic Unit Code area ("red HUC" - shown as red areas
on the map), AND/OR;
• involves percussive activities within 0.25 mile of a red HUC.
Red HUC maps - for the western 41 counties in NC (covered by the Asheville Ecological
Services Field Office), check the project location against the electronic maps found at:
http://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html. For the eastern
59 counties in NC (covered by the Raleigh Ecological Services Field Office), check the
project location against the electronic maps found at:
https://www.fws.Qov/raleigh/NLEB RFO.html.
(2) A permittee must submit a PCN to the District Engineer, and receive written
authorization from the District Engineer, prior to commencing the activity, if the activity
will involve any of the following:
• tree clearing/removal, construction/installation of wind turbines in a red HUC,
AND/OR;
bridge removal or maintenance, unless the bridge has been inspected and there is
no evidence of bat use, (applies anywhere in the range of the NLEB), AND/OR:
percussive activities in a red HUC, or within 0.25 mile of a red HUC.
The permittee may proceed with the activity without submitting a PCN to either the Corps
or the USFWS, provided the activity complies with all applicable NWP terms and general
and regional conditions, if the permittee's review under A.(1) and A.(2) above shows that
the project is:
• located outside of a red HUC (and there are no percussive activities), and the
activity will NOT include bridge removal or maintenance, unless the bridge has
been inspected and there is no evidence of bat use, OR;
located outside of a red HUC and there are percussive activities, but the percussive
activities will not occur within 0.25-mile of a red HUC boundary, and the activity
will NOT include bridge removal or maintenance, unless the bridge has been
inspected and there is no evidence of bat use, OR;
35

• located in a red HUC, but the activity will NOT include: tree clearingtremoval;
construction/installation of wind turbines; bridge removal or maintenance, unless
the bridge has been inspected and there is no evidence of bat use, and/or; any
percussive activities.
B. Procedures when the USACE is not the lead federal agency:
For projects where another federal agency is the lead federal agency - if that other federal agency
has completed project -specific ESA Section 7(a)(2) consultation for the NLEB, and has (1)
determined that the project would not cause prohibited incidental take of the NLEB, and (2)
completed coordination/consultation that is required by the USFWS (per the directions on the
respective USFWS office's website), that project may proceed without notification to either the
USACE or the USFWS, provided all General and Regional Permit Conditions are met.
The NLEB SLOPES can be viewed on the USACE website at the following World Wide Web
Page: http://www.saw.usace.armv.mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/ESA/. Permittees who do not have internet access may contact the USACE at (910)
251- 4633.
3.14 Work on Eastern Band of Cherokee Indians Land
All PCNs submitted for activities in waters of the United States on Eastern Band of Cherokee
Indians (EBCI) trust land (i.e., Qualla Boundary and non-contiguous tracts of trust land), must
comply with the requirements of the latest MOU between the Wilmington District and the
Eastern Band of Cherokee Indians.
Ki

Coastal Management
ENVIRONMENTAL QUALITY
November 15, 2017
NC Coastal Federation
Attn: Ms. Bree Tillet
3609 Hwy 24
Newport, NC 28570
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
)'k Jz 0
SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for NCCF
in Carteret County
Dear Ms. Tillett:
This letter is in response to the above referenced CAMA permit application, which was accepted
as complete by the Division's Morehead City office on August 10, 2017. On October 3, 2017,
processing of your application was placed on hold by the applicant pending discussions with the
US Army Corp of Engineers (USACE). This office received your notification to remove the
application from applicant hold via email on November 15, 2017. Therefore, processing of your
permit application has officially resumed. The revised projected 75-day deadline for making a
decision is December 6, 2017.
Please feel free to contact me by phone at [phone] ext. 215 if you would like to discuss
this matter further.
Sincerely,
Gregg Bodnar
Assistant Major Permits Coordinator
Stare of North Carolina I Environmental Quality l Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
252 808 2808

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Tuesday, October 03, 2017 10:51 AM
To: 'Bree Tillett'
Cc: Hair, Sarah E CN CESAW CESAD (US); Ken Riley - NOAA Federal
Subject: RE: [External] Re: [EXTERNAL] marine debris project
Morning Bree,
Will do. I will place the project on applicant hold as of today, October 3rd, 2017, while the process with the
Corps. continues. This hold is at your discretion and we can begin the clock at any time of your choosing with a simple
email. When the clock resumes I'll adjust the 75 day milestone and let you know if that date. I'll keep in touch if there is
anything to report on my end.
Thanks,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 office
Gregg. BodnarCDncdenr.gov
400 Commerce Ave
Morehead City, NC 28557
"Nothing Compares,. -,
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bree Tillett [mailto:[e-mail]]
Sent: Tuesday, October 03, 2017 10:43 AM
To: Bodnar, Gregg <[e-mail]>
Cc: Hair, Sarah E CIV CESAW CESAD (US) <[e-mail]>; Ken Riley - NOAA Federal
<[e-mail]>
Subject: [External] Re: [EXTERNAL] marine debris project
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you verify that the
attachment and content are safe. Send all suspicious email as an attachment to report.soam(alnc.aov.

Ok thank you. We would like to pause the process then, while getting data together for the corps.
Thank you,
Bree
On Fri, Sep 29, 2017 at 2:35 PM, Bodnar, Gregg <[e-mail]> wrote:
Afternoon Bree,
Currently we are awaiting USACE and DWR 401 comments. DWR will comment based on USACE pathway.
Gregg
From: Bree Tillett [mailto:[e-mail]]
Sent: Friday, September 29, 2017 2:33 PM
To: Bodnar, Gregg <[e-mail]>
Cc: Hair, Sarah E CIV CESAW CESAD (US) <[e-mail]>; Ken Riley - NOAA Federal
<ken. ri lev@ noaa.gov>
Subject: Re: [EXTERNAL] marine debris project
Hi Gregg,
We would like to give all other agencies the opportunity to review before we pause the process. Are we
awaiting confirmation from anyone else?
In the mean time, we will be working to gather the required information for the corps as quickly as possible.
Thank you,
Bree
On Fri, Sep 29, 2017 at 11:44 AM, Bodnar, Gregg <[e-mail]> wrote:
Morning all,
Thank you Liz for copying me on the correspondence. For reference the 75 day time limit for CAMA is
10/27/17. We can extend another 75 days, with the potential to place the project on hold until the required
information is complete. Bree, you have the option of placing the application on hold as well, that places the
ability to take the project off hold and begin the clock again with you. So we have options available to allow

USACE to complete their permit pathway.
If you all need anything from me you know where to find me!
Thanks all,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 office
[e-mail]
400 Commerce Ave
Morehead City, NC 28557
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
-----Original Message -----
From: Hair, Sarah E CIV CESAW CESAD (US)[mailto:[e-mail]
Sent: Friday, September 29, 2017 11:25 AM
To: Ken Riley - NOAA Federal <ken.rile noaa.gov>
Cc: [e-mail]; Bodnar, Gregg <gregg.bodnarna ncdenr.gov>
Subject: RE: [EXTERNAL] marine debris project
Ken/ Bree,
This project may qualify for a NWP 27, however we would need additional information regarding the existing
conditions of the aquatic habitat and species within the project area (specifically how the area functions now
and how it would function/benefit from the removal of the debris, i.e. current habitat condition/potential for
SAV to move in post project to enhance EFH). Is this area PNA, EFH, identify SAVs located within the
project area, identify the wetlands located within the project area (include the total amount of each to
proposed to be disturbed by the excavation), etc.
NWP 48 would not be applicable, as it authorizes new and existing lease activity. This site has been
abandoned for a number of years and I believe the lease expired as well. According to our records we issued a
Section 10 Individual Permit for an After -the -Fact predator exclusion fence in 1996 associated with this
aquaculture site which was authorized by state lease nos. 9407 ,9208, and another one from1990 (65-75).
Other DA actions in this area included a commercial seafood pier, pilings with underwater lighting, and
floodlights on high ground -which I'm guessing must be the original aquaculture authorization from us. I can
discuss exploring an option to utilize those old permits to cover the cleanup activity with my supervisor, but I

can't guarantee the outcome.
Bree: In order to qualify for the use of NWP 27 (Aquatic Habitat Restoration, Enhancement, and
Establishment Activities), the aquatic habitat restoration, enhancement, or establishment activity must be
planned, designed, and implemented so that it results in aquatic habitat that resembles an ecological reference.
An ecological reference may be based on the characteristics of an intact aquatic habitat or riparian area of the
same type that exists in the region. An ecological reference may be based on a conceptual model developed
from regional ecological knowledge of the target aquatic habitat type or riparian area.
The ecological reference needs to be described and included with the additional information related to
existing site conditions above.
Additionally, if there are existing SAVs in the project area, we will need to request to initiate EFH
consultation if we utilize NWP 27.
I know this seems like it should be a no-brainer, but it just isn't that simple.
Please provide the requested information by October 29, 2017.
Thank you,
Liz Hair
Project Manager
USACE-Wilmington District
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
910-251-4049
[e-mail]
-----Original Message -----
From: Ken Riley - NOAA Federal [mailto:[e-mail]]
Sent: Wednesday, September 27, 2017 11:18 AM
To: Hair, Sarah E CIV CESAW CESAD (US) <[e-mail]>
Subject: [EXTERNAL] marine debris project
Hi Liz -
I was wondering if we could speak sometime about our marine debris project to clean up a derelict shellfish
farm near Harkers Island? The NMFS developed the project and asked the NC Coastal Fed to lead the clean
up effort with NOAA support. I am sorry I missed you last week. I had hoped to catch you after the prd
meeting.
I spoke with Greg Bodnar and he guided us to try to get the debris removal volumes to less than 25 cubic
yards for permitting under NWP18. The materials are really spread out and we can't get volumes that low.
We don't intend to do any excavation in terms of dredging. We are picking up sand bags, plastic screens, and

removing pilings and pvc poles on an old farm site. We are also conducting habitat monitoring before and
afterwards for recovery.
Would you consider another NWP?
NWP27 - habitat restoration. This really is a habitat restoration project with pre- and post -monitoring. It
includes monitoring for salt marsh and seagrass.
NWP48 - shellfish aquaculture. The work is all work that would be authorized under NWP48. The project
area was originally authorized under NWP48 and if the lease area was still active it would be authorized
activities.
I would appreciate any guidance that you can provide.
-Ken
Kenneth Riley, Ph.D.
Habitat Conservation Division
National Marine Fisheries Service Southeast Region
101 Pivers Island Road, Beaufort, NC 28516
Office: 252-728-8750 <tel:[phone]> I Cell: 252-864-6193 <tel:[phone]> I Email:
ken.rileygnoaa.gov <mailto:ken.rilcyknoaa.gov>
North Carolina
Coastal Federation
mxl a�adelMrlaatexllM/pm�
Bree Tillett, El
Coastal Specialist
252-393-8185 x119(o)
252-305-6934 (c)
3609 Highway 24 (Ocean) Newport, NC 28570
Visit www.nccoast.oro to join or learn more.

North Carolina
Coastal Federation
JJ wwtinsa8dherfaat�thYm3st
Bree Tillett, El
Coastal Specialist
252-393-8185 x119(o)
252-305-6934 (c)
3609 Highway 24 (Ocean) Newport, NC 28570
Visit www.nccoast.orq to join or learn more.

Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Thursday, September 21, 2017 10:33 AM
To:
'[e-mail]'
Cc:
'Hair, Sarah E CN CESAW CESAD (US)'
Subject:
NCCF Marine Debris CAM application
Morning Bree,
Great to speak with you this morning. Per our conversation USACE has asked if additional information is
available on the square footage impact for the excavation of the marine debris. If you can provide USACE with a more
specific excavation footprint for each of the locations it would better allow USACE to make a permit pathway decision.
have CC'd Liz Hair at the Corp and please include me in any correspondence so I can add the information to the file. If
you have any questions just let us know.
Thanks so much for the help,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 office
Gregg. Bodnarancdenr.aov
400 Commerce Ave
Morehead City, NC 28557
-e/'Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

ROY COOPER
GoWnh'r
WILLIAM G. ROSS JR.
Secrerary
Coastal Management
ENVIRONMENTAL QUALITY
File Note:
FROM: Gregg Bodnar, DCM Assistant Major Permit Coordinator
SUBJECT: NCCF Marine Debris application off Harkers Island
DATE: 11/21/17
BRAXTON DAVIS
Diredor
Project required additional information for USACE to utilize NWP 27 for Habitat Restoration. Application was
placed on applicant hold until information was accepted by USACE. Taken off hold 11/15/17. Liz Hair at the
USACE verified that information was adequate for the NWP 27 and they would be issuing ASAP.
State of North Carolina I Environmental Quality I Coaatel Management
400 Commerce Avenue I Morehead City, NC 28557
252-808-2808 1252-247-3330 (fax)

iV CC � ltiian���s
Bodnar, Gregg
From:
Bree Tillett <[e-mail]>
Sent:
Monday, October 16, 2017 8:55 AM
To:
Hair, Sarah E CN CESAW CESAD (US)
Cc:
Ken Riley - NOAA Federal; Bodnar, Gregg
Subject:
Re: [EXTERNAL] marine debris project
Attachments:
AquaDebris_Habitat_Report_100ct2017.docx; Major Permit Plan View SAV.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you verify that the
attachment and content are safe. Send all suspicious email as an attachment to [e-mail].
Good Morning Liz,
I've attached a habitat and reference description as well as a map showing the results of the SAV survey in the
project area. Are there any other specific documents or maps the corps requires for following the NWP27
pathway?
Thank you,
Bree
On Fri, Sep 29, 2017 at 11:25 AM, Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hairnq.usace.armv.mil>
wrote:
Ken/ Bree,
This project may qualify for a NWP 27, however we would need additional information regarding the existing
conditions of the aquatic habitat and species within the project area (specifically how the area functions now
and how it would function benefit from the removal of the debris, i.e. current habitat condition/potential for
SAV to move in post project to enhance EFH). Is this area PNA, EFH, identify SAVs located within the
project area, identify the wetlands located within the project area (include the total amount of each to proposed
to be disturbed by the excavation), etc.
NWP 48 would not be applicable, as it authorizes new and existing lease activity. This site has been abandoned
for a number of years and I believe the lease expired as well. According to our records we issued a Section 10
Individual Permit for an After -the -Fact predator exclusion fence in 1996 associated with this aquaculture site
which was authorized by state lease nos. 9407 ,9208, and another one froml990 (65-75). Other DA actions in
this area included a commercial seafood pier, pilings with underwater lighting, and floodlights on high ground -
which I'm guessing must be the original aquaculture authorization from us. I can discuss exploring an option to
utilize those old permits to cover the cleanup activity with my supervisor, but I can't guarantee the outcome.
Bree: In order to qualify for the use of NWP 27 (Aquatic Habitat Restoration, Enhancement, and Establishment
Activities), the aquatic habitat restoration, enhancement, or establishment activity must be planned, designed,
and implemented so that it results in aquatic habitat that resembles an ecological reference. An ecological
reference may be based on the characteristics of an intact aquatic habitat or riparian area of the same type that
exists in the region. An ecological reference may be based on a conceptual model developed from regional
ecological knowledge of the target aquatic habitat type or riparian area.
The ecological reference needs to be described and included with the additional information related to existing
site conditions above.

Additionally, if there are existing SAVs in the project area, we will need to request to initiate EFH consultation
if we utilize NWP 27.
I know this seems like it should be a no-brainer, but it just isn't that simple.
Please provide the requested information by October 29, 2017.
Thank you,
Liz Hair
Project Manager
USACE-Wilmington District
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
910-251-4049
Sarah.e.hairnn usace.army.mil
-----Original Message -----
From: Ken Riley - NOAA Federal [mailto:ken.riley_gnoaa.govl
Sent: Wednesday, September 27, 2017 11:18 AM
To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Ha1rCa usace.armY.mil>
Subject: [EXTERNAL] marine debris project
Hi Liz -
I was wondering if we could speak sometime about our marine debris project to clean up a derelict shellfish
farm near Harkers Island? The NMFS developed the project and asked the NC Coastal Fed to lead the clean
up effort with NOAA support. I am sorry I missed you last week. I had hoped to catch you after the Ind
meeting.
I spoke with Greg Bodnar and he guided us to try to get the debris removal volumes to less than 25 cubic yards
for permitting under NWP18. The materials are really spread out and we can't get volumes that low.
We don't intend to do any excavation in terms of dredging. We are picking up sand bags, plastic screens, and
removing pilings and pvc poles on an old farm site. We are also conducting habitat monitoring before and
afterwards for recovery.
Would you consider another NWP?
NWP27 - habitat restoration. This really is a habitat restoration project with pre- and post -monitoring. It
includes monitoring for salt marsh and seagrass.
NWP48 - shellfish aquaculture. The work is all work that would be authorized under NWP48. The project
area was originally authorized under NWP48 and if the lease area was still active it would be authorized
activities.

I would appreciate any guidance that you can provide.
-Ken
Kenneth Riley, Ph.D.
Habitat Conservation Division
National Marine Fisheries Service Southeast Region
101 Pivers Island Road, Beaufort, NC 28516
Office: 252-728-8750 <tel:[phone]> I Cell: 252-864-6193 <tel:[phone]> I Email:
ken.riley()a noaa.gov <mailto:ken.riley@a,noaa.eov>
North Carolina
Coastal Federation
35 valirgtagPJvlaaheilNpmast
Bree Tillett, El
Coastal Specialist
252-393-8185 x119 (o)
252-305-6934 (c)
3609 Highway 24 (Ocean) Newport, NC 28570
Visit www.nccoast.org to join or learn more.

Harkers Island Marine Debris Project
North Carolina Coastal Federation
Purpose and Need
Marine debris is a recognized stressor in aquatic ecosystems and is a highly visible warning for a
wide range of environmental contaminants. Marine debris originating from aquaculture has
become an important issue with industry expansion. The debris is hazardous to marine life and
people who encounter it when using local waters for recreation. This project seeks to remove
approximately 200 cubic yards of aquaculture debris from 10,850 square feet of shallow
bottom habitat within Westmouth Bay on the north side of Harkers Island, North Carolina.
Abandoned aquaculture equipment at this site has resulted in a high level of marine debris that
over the years has been scattered and deposited in an area that extends beyond the former
shellfish lease boundaries. Some debris is embedded in shallow bottom habitat because of
intense storms and hurricanes common to North Carolina.
Figure 1. Aquaculture has become an important part of the coastal landscape in North
Carolina. Shellfish farming has the potential to provide significant economic benefits. The rapid
rise in shellfish aquaculture has been accompanied by the expanded use of plastic
infrastructure. All major types of plastics are used throughout the aquaculture industry and
contribute to marine debris. Other sources of debris from shellfish farms include wire mesh,
wire cages, wood racks, wood pilings, and anchors. (Photo credit: NC Sea Grant)
Methods
The project goal is to use debris removal methods that minimally impact the environment.
When possible, derelict aquaculture gear will be removed by hand. The NC Coastal Federation
will use a team of volunteers to pick up debris across the project area. The NC Coastal
Federation and cooperating partners will mark debris across the site that cannot be removed by
hand. Additionally, project personnel will mark and buffer sensitive habitat across the project
area. A contractor will be hired to remove larger or embedded debris. The contractor will use

methods that minimally impact the bottom environment, such as pulling material vertically
rather than digging it out. An excavator on a barge will be used to lift heavy debris or
embedded debris from the bottom and dispose of it on another barge. All debris will be
transported to the county landfill for disposal and recycling. Debris removal activities using
heavy equipment are expected to take approximately one week and will occur between
October 1 and April 30 to avoid impacts to fishery resources associated with submerged aquatic
vegetation (SAV) habitat.
Figure 2. Volunteers clean up and collect data on shellfish aquaculture debris from an estuarine
shoreline in Virginia. (Photo credit: Leslie Middleton)
Debris Characteristics
This project seeks to remove and dispose of derelict clam aquaculture gear including: wood
pilings, sand bags, PVC pipe, plastic mesh and other plastic debris.

Figure 3: Marine debris observed on an abandoned shellfish farm near Harkers Island, North
Carolina.
Avoidance and Minimization
NOAA's National Marine Fisheries Service (NMFS) conceived the project and has surveyed the
site on multiple occasions to minimize environmental impacts to the extent practicable. The
original project also included removal of derelict vessels, but was scaled back because of
environmental concerns and funding limitations. The NC Coastal Federation will use a
volunteer workforce to remove materials across the project site. This clean up activity
significantly reduces the need and scope of work for heavy equipment and barges. The use of
heavy equipment will be limited to removal of the most severely embedded materials.
Compensatory Mitigation
Mitigation is not proposed. This project is wholly beneficial for habitat restoration
Project Location
The proposed project is located within the waters and along the estuarine shoreline of
Westmouth Bay on the north side of Harkers Island, North Carolina. Existing conditions on the
site consist of undisturbed coastal wetlands, dominated by Spartina alterniflora and S. patens,
that abut a developed shoreline with bulkheads, rip -rap sills, and sandy estuarine beach (i.e.,

Harkers Island Campground). The proposed project will occur at intertidal and subtidal
elevations. Water depths within the footprint of the project area are -1.0 to -4.0 feet normal
low water (NLW). Water depths where aquaculture debris is embedded range from -3.0 to -4.0
feet NLW.
Shellfish and Oyster Reefs
A shellfish survey was conducted on 10 October 2017 at 07:00 by the NMFS. A small number of
clams and whelk (N < 10) were collected across the project area. Oysters were observed
growing on piles of fabric sand bags. The oysters growing on the sandbags were intertidal and
were exposed during the survey. There are no naturally occurring oyster reefs located within or
adjacent to the project area. The project area does not support a significant shellfish resource.
SAV Habitat
SAV is known to occur in the project area, particularly along the developed shoreline and
eastern project area boundary. The NC Division of Marine Fisheries and NOAA National Ocean
Service (NOS) have documented SAV within the project area as part of its long-term SAV
monitoring and management program. An SAV survey was conducted on 10 October 2017 at
07:00 by the NMFS. Small beds of dense SAV (Zostero marina and Halodule wrightii) were
observed in areas historically known to support SAV habitat.
Figure 4: Survey of submerged aquatic vegetation habitat within project area and along a
reference site within Westmouth Bay north of Harkers Island, North Carolina.

Essential Fish Habitat
Pursuant to the Magnuson -Stevens Act, the South Atlantic Fisheries Management Council
(SAFMC) designates essential fish habitat (EFH) within the project area to encompass
unconsolidated bottom, estuarine water column, oyster reefs, and submerged aquatic
vegetation (SAV). The SAFMC identifies these habitats as EFH for penaeid shrimp and for
estuarine -dependent species within the snapper/grouper complex. The SAFMC also identifies
oyster reefs and SAV as Habitat Areas of Particular Concern (HAPCs). HAPCs are a subset of EFH
that are rare, particularly susceptible to human -induced degradation, especially important
ecologically, or located in an environmentally stressed area. The SAFMC identifies these areas
as EFH because fish and shrimp concentrate in these habitats for feeding and refuge and
experience high growth and survival rates when located in these habitats. The SAFMC provides
detailed information on the EFH requirements of federally managed species in amendments to
the fishery management plans and in Volume IV of the Fishery Ecosystem Plan of the South
Atlantic Region.
The project area clearly functions as nursery habitat for federally managed species as well as
other species of commercial or recreational importance including red drum, Atlantic croaker,
spot, Atlantic menhaden, bay anchovy, striped mullet, weakfish, and blue crab. A number of
these species serve as prey for fish that are managed by the SAFMC (e.g., king mackerel,
Spanish mackerel, and cobia) or for highly migratory fish managed by the NMFS (e.g., billfishes
and sharks).
Impacts to Essential Fish Habitat
The applicant working with state and federal agencies has sought to avoid and minimize
environmental impacts to the extent practicable. Environmental impacts are expected to be
minimal due to the location and size of the project. Impacts from debris removal activities are
expected to be temporary (days) and include an minor increase in turbidity and suspended
solids from sediments, silt, and organic materials. Because the shellfish farm has been idle for
so many years (10+), biofouling organisms have colonized bags and materials. Oysters are
growing on some of the materials. Also, SAV is growing in areas adjacent to some debris piles.
The applicant intends to use best management practices, such as field marking SAV and shell
bottom, to keep equipment and activities from encroaching into this habitat.
Consultation History
The NC Coastal Federation worked with the NMFS to design the project. The NMFS has
participated in a number of site visits and surveys since the site was identified and cleanup
endeavors were initiated in April 2016. In June 2016, the NMFS partnered with NOS and Duke
to conducted a detailed site survey to assess and quantify the debris. On 10 October 2017, the
NMFS conducted a survey of SAV and shellfish resources.
Evaluation and Monitoring

The site will be monitored and surveyed through partnership with the NMFS, NOS, and the
Duke Unmanned Aircraft Systems Lab before and after debris is removed through 2018.
Monitoring will document recovery of coastal habitat within the project area. Given the
proximity of the project to the NOAA Beaufort Lab, researchers will work with colleagues from
academia and other federal agencies to obtain funding for longer -term monitoring and
research. Monitoring results will be provided to state and federal agencies.

Harkers Island Marine Debris Project
Y
1:.. ry y. ♦ _. ... d °
O O
�..
y
V.'
t :d
NF
a
.1� .oiaM1
• n P - .y
AV Presence Approximate Area (sq.ft.)
. �„ • DENSE 1: 6300
MED 2:1400
rt '� f .,` r: • LOW 3:2250
r.� • NONE 4: 900
N 80 Locations of embedded material that may
Applicant: North Carolina Coastal Federation o result in temporary impacts to the bottom.
Adjacent Land Owner: Chris Chadwick, Harkers Island RV Resort Feet Cnoic 1 ink- Rf) fc=+

RECEIVED
Harkers Island Marine Debris Project OCT 27 2011
North Carolina Coastal Federation DCM- MHD CITY
Purpose and Need
Marine debris is a recognized stressor in aquatic ecosystems and is a highly visible warning for a
wide range of environmental contaminants. Marine debris originating from aquaculture has
become an important issue with industry expansion. The debris is hazardous to marine life and
people who encounter it when using local waters for recreation. This project seeks to remove
approximately 200 cubic yards of aquaculture debris from 10,850 square feet of shallow
bottom habitat within Westmouth Bay on the north side of Harkers Island, North Carolina.
Abandoned aquaculture equipment at this site has resulted in a high level of marine debris that
over the years has been scattered and deposited in an area that extends beyond the former
shellfish lease boundaries. Some debris is embedded in shallow bottom habitat because of
intense storms and hurricanes common to North Carolina.
Figure 1. Aquaculture has become an important part of the coastal landscape in North
Carolina. Shellfish farming has the potential to provide significant economic benefits. The rapid
rise in shellfish aquaculture has been accompanied by the expanded use of plastic
infrastructure. All major types of plastics are used throughout the aquaculture industry and
contribute to marine debris. Other sources of debris from shellfish farms include wire mesh,
wire cages, wood racks, wood pilings, and anchors. (Photo credit: NC Sea Grant)
Methods
The project goal is to use debris removal methods that minimally impact the environment.
When possible, derelict aquaculture gear will be removed by hand. The NC Coastal Federation
will use a team of volunteers to pick up debris across the project area. The NC Coastal
Federation and cooperating partners will mark debris across the site that cannot be removed by
hand. Additionally, project personnel will mark and buffer sensitive habitat across the project
area. A contractor will be hired to remove larger or embedded debris. The contractor will use

methods that minimally impact the bottom environment, such as pulling material vertically
rather than digging it out. An excavator on a barge will be used to lift heavy debris or
embedded debris from the bottom and dispose of it on another barge. All debris will be
transported to the county landfill for disposal and recycling. Debris removal activities using
heavy equipment are expected to take approximately one week and will occur between
October 1 and April 30 to avoid impacts to fishery resources associated with submerged aquatic
vegetation (SAV) habitat.
Figure 2. Volunteers clean up and collect data on shellfish aquaculture debris from an estuarine
shoreline in Virginia. (Photo credit: Leslie Middleton)
Debris Characteristics
This project seeks to remove and dispose of derelict clam aquaculture gear including: wood
pilings, sand bags, PVC pipe, plastic mesh and other plastic debris.
(RECEIVED
OCT 27 2017
DCM- MHD CITY

RECEIVED
OCT 27 2017
DCM- MHD CITY
Figure 3: Marine debris observed on an abandoned shellfish farm near Harkers Island, North
Carolina.
Avoidance and Minimization
NCAA's National Marine Fisheries Service (NMFS) conceived the project and has surveyed the
site on multiple occasions to minimize environmental impacts to the extent practicable. The
original project also included removal of derelict vessels, but was scaled back because of
environmental concerns and funding limitations. The NC Coastal Federation will use a
volunteer workforce to remove materials across the project site. This clean up activity
significantly reduces the need and scope of work for heavy equipment and barges. The use of
heavy equipment will be limited to removal of the most severely embedded materials.
Compensatory Mitigation
Mitigation is not proposed. This project is wholly beneficial for habitat restoration.
Project Location
The proposed project is located within the waters and along the estuarine shoreline of
Westmouth Bay on the north side of Harkers Island, North Carolina. Existing conditions on the
site consist of undisturbed coastal wetlands, dominated by Spartina alterniflora and S. patens,
that abut a developed shoreline with bulkheads, rip -rap sills, and sandy estuarine beach (i.e.,
Harkers Island Campground). The proposed project will occur at intertidal and subtidal

elevations. Water depths within the footprint of the project area are -1.0 to -4.0 feet normal
low water (NLW). Water depths where aquaculture debris is embedded range from -3.0 to -4.0
feet NLW.
Shellfish and Oyster Reefs
A shellfish survey was conducted on 10 October 2017 at 07:00 by the NMFS. A small number of
clams and whelk (N < 10) were collected across the project area. Oysters were observed
growing on piles of fabric sand bags. The oysters growing on the sandbags were intertidal and
were exposed during the survey. There are no naturally occurring oyster reefs located within or
adjacent to the project area. The project area does not support a significant shellfish resource.
SAV Habitat
SAV is known to occur in the project area, particularly along the developed shoreline and
eastern project area boundary. The NC Division of Marine Fisheries and NOAA National Ocean
Service (NOS) have documented SAV within the project area as part of its long-term SAV
monitoring and management program. An SAV survey was conducted on 10 October 2017 at
07:00 by the NMFS. Small beds of dense SAV (Zostera marina and Holodule wrightii) were
observed in areas historically known to support SAV habitat.
Figure 4: Survey of submerged aquatic vegetation habitat within project area situated within
Westmouth Bay north of Harkers Island, North Carolina.
RECEIVED
OCT 27 2017
DCM- MHD CITY

Essential Fish Habitat
Pursuant to the Magnuson -Stevens Act, the South Atlantic Fisheries Management Council
(SAFMC) designates essential fish habitat (EFH) within the project area to encompass
unconsolidated bottom, estuarine water column, oyster reefs, and submerged aquatic
vegetation (SAV). The SAFMC identifies these habitats as EFH for penaeid shrimp and for
estuarine -dependent species within the snapper/grouper complex. The SAFMC also identifies
oyster reefs and SAV as Habitat Areas of Particular Concern (HAPCs). HAPCs are a subset of EFH
that are rare, particularly susceptible to human -induced degradation, especially important
ecologically, or located in an environmentally stressed area. The SAFMC identifies these areas
as EFH because fish and shrimp concentrate in these habitats for feeding and refuge and
experience high growth and survival rates when located in these habitats. The SAFMC provides
detailed information on the EFH requirements of federally managed species in amendments to
the fishery management plans and in Volume IV of the Fishery Ecosystem Plan of the South
Atlantic Region.
The project area clearly functions as nursery habitat for federally managed species as well as
other species of commercial or recreational importance including red drum, Atlantic croaker,
spot, Atlantic menhaden, bay anchovy, striped mullet, weakfish, and blue crab. A number of
these species serve as prey for fish that are managed by the SAFMC (e.g., king mackerel,
Spanish mackerel, and cobia) or for highly migratory fish managed by the NMFS (e.g., billfishes
and sharks).
Impacts to Essential Fish Habitat
The applicant working with state and federal agencies has sought to avoid and minimize
environmental impacts to the extent practicable. Environmental impacts are expected to be
minimal due to the location and size of the project. Impacts from debris removal activities are
expected to be temporary (days) and include a minor increase in turbidity and suspended solids
from sediments, silt, and organic materials. Because the shellfish farm has been idle for so
many years (10+), biofouling organisms have colonized bags and materials. Oysters are growing
on some of the materials. Also, SAV is growing in areas adjacent to some debris piles. The
applicant intends to use best management practices, such as field marking SAV and shell
bottom, to keep equipment and activities from encroaching into this habitat.
Consultation History
The NC Coastal Federation worked with the NMFS to design the project. The NMFS has
participated in a number of site visits and surveys since the site was identified and cleanup
endeavors were initiated in April 2016. In June 2016, the NMFS partnered with NOS and Duke
to conducted a detailed site survey to assess and quantify the debris. On 10 October 2017, the
NMFS conducted a survey of SAV and shellfish resources.
RECEIVED
OCT 27 2017
DCM- MHD CITY

Aquatic Habitat Restoration Activities
The proposed project seeks to remove debris and restore shallow bottom habitat allowing for
net increases in aquatic resource functions and services. The project is planned and designed
so that areas where debris removal and habitat restoration occurs resemble a nearby ecological
reference site (Figure 5). The ecological reference site is located within the waters and along
the estuarine shoreline of Westmouth Bay on the north side of Harkers Island, North Carolina.
The ecological reference site includes intertidal and subtidal elevations. Water depths within
the ecological reference site are 0.0 to -3.0 feet normal low water (NLW). The baseline
ecological conditions of the reference site support small dense beds of SAV (Zostera marina and
Halodule wrightii), attached macroalgae, and unconsolidated bottom (soft sand sediments).
The reference site plays an important role in the ecological function of the estuary, particularly
in regard to primary production, secondary production, and water quality. The microalgal and
macroalgal community along with the SAV contribute towards primary production. Benthic
organisms in and on the sediments include ciliates, rotifers, nematodes, copepods, annelids,
amphipods, bivalves, and gastropods. These organisms provide food and habitat for a large and
diverse community of fish, shrimp, crabs, and birds. Many fish species whose larval stages are
planktonic but are benthic oriented as juveniles utilize the shallow bottom habitat within the
ecological reference site as nursery grounds. Upon completion of this project, we expect the
aquatic resource functions and services in the restored areas to be comparable to those within
the ecological reference location. We expect small beds of seagrass to colonize where debris
has been removed. Further, we expect the restored shallow bottom habitat to provide nursery
habitat functions for a wide variety of fish and shellfish species that are important to the
coastal economy.
Evaluation and Monitoring
The site will be monitored and surveyed through partnership with the NMFS, NOS, and the
Duke Unmanned Aircraft Systems Lab before and after debris is removed through 2018.
Monitoring will document restoration and recovery of coastal habitat within the project area.
Given the proximity of the project to the NOAA Beaufort Lab, researchers will work with
colleagues from academia and other federal agencies to obtain funding for longer -term
monitoring and research. Monitoring results will be provided to state and federal agencies.
RECEIVED
OCT 212017
DCM- MHD CITY

Figure 5: Survey of ecological reference site and submerged aquatic vegetation situated within
Westmouth Bay north of Harkers Island, North Carolina. The ecological reference site will be
used as a basis for baseline ecological conditions for the project location.
RECEIVED
OCT 2 7 top
DCM- MHD CITY

Harkers Island Marine Debris Project
OCT 27 A17 " '' -...
)edM- MHD CITY _.
w
4
�,r �• ~ �.
Approximate Area (sq.ft.)
1: 6300
2: 1400
3: 2250
=,� O Ecological Reference 4: 900
N 100 Locations of embedded material that may
Applicant: North Carolina Coastal Federation o result in temporary impacts to the bottom.
Adjacent Land Owner: Chris Chadwick, Harkers Island RV Resort Feet c, nli I in, k- I nn fo.+

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: NC Coastal Federation (Harkers_Island Marine Debris)
2. LOCATION OF PROJECT SITE: Westmouth Bay
Photo Index — 2006 49-6341 (E10)
Latitude: 34°42.091' N Longitude: 76°33.326' W
3. INVESTIGATION TYPE: CAMA-D/F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 8/10/17
Was Applicant Present -Yes
5. PROCESSING PROCEDURE: Application Received — 8/10/17
Application Complete- 8/10/17
Office — Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan —Carteret County 2005
Land Classification from LUP — Limited Transition
(B) AEC(s) Involved: EW, PTA
(C) Water Dependent: (yes)
(D) Intended Use: Restoration
(E) Wastewater Treatment: Existing — N/A
Planned — N/A
(F) Type of Structures: Existing — Marine Debris
Planned — N/A
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
HABITAT DESCRIPTION:
Excavated
(A) Shallow Bottom 21,800ft2
(D) Total Area Disturbed: 21,800ft2
(E) Primary Nursery Area: No
(F) Water Classification: SA
(G) Shellfish Classification: OPEN
8. PROJECT SUMMARY: NC Coastal Federation is proposing to remove existing marine
debris from a former aquaculture site which will involve excavating 21,800ft2.

Field Investigation Report:
NC Coastal Federation
Page 02
9. NARRATIVE DESCRIPTION: The Coastal Federation project is in Westmouth Bay
adjacent to Harkers Island, Carteret County. The site is a former aquaculture farm located
at the end of Guthrie Dr. It is directly offshore of Harkers Island RV Resort.
Currently the site is an abandoned aquaculture farm that contains various marine debris.
The prominent debris type consists of pilings and clam bags. The clam bags are in tangled
bundles and are partially buried. Water depths in this area of Westmouth Bay range from -
1' to -3' at NLW. The bottom is mostly sand and mud with clusters of oysters. There are
some patches of SAV. Westmouth Bay is SA Water and is open to shell fishing. This area
is not a Primary Nursery Area. Carteret County's Land Use Plan classifies Harkers Island
as Limited Transition. The adjacent shoreline has a RV resort, marina and thick fringes of
Coastal Wetlands.
10. PROJECT DESCRIPTION: The North Carolina Coastal Federation is proposing to
restore this former aquaculture site by removing the existing marine debris. Most of the
material will be removed by hand. The existing pilings will be removed by a crane. The
partially buried clam bags will need to be removed by excavation at 4 locations within
Estuarine Waters in the former lease. The areas proposed to be excavated will be 275'X45',
40'X35', 45'X50' and 165'X35' for a total of 21,800ftz. The excavation should not exceed
-.5' below the current substrate elevation. Current water depths are -2' at NLW. Any
impacts to the bottom should be temporary as the area is subject to a steady current that will
return the bottom to its natural state quickly. The site will be monitored and surveyed
through partnership with the Duke Unmanned Aircraft Systems Lab before and after the
debris is removed. Monitoring and research associated with this project will document
recovery of coastal habitat within the project area. The results of this project will be used
to develop guidelines for prevention and removal of aquaculture debris.
11. ANTICIPATED IMPACTS: There would be a total of 21,800ft2 of shallow bottom
disturbance during this project. The overall health of the system should improve due to the
removal of debris. Safer navigation should also occur due to removal of pilings in the area.
There should be no impact to SAV. Temporary turbidity would occur during excavation.
Name: Ryan Davenport Date: 8/14/17 Morehead City

—This is a word processing form to be completed in Microsoft Word***
NC Division of Coastal Management
Major Permit Application Computer Sheet
Applicant: NC Coastal Federation
1/3
Project Site County: Carteret
Staff..- JRD
District: DElizabeth City ❑Washington
®Morehead City ❑Wilmington
Project Name: Marine Debris
Rover File: WA
Date of initial application submittal (EX.' 1/82007): 6/10/17
Date application "received as complete"in the Field office (EX: 1/8l2007): 8110117
Permit Authorization: ECAMA ®Dredge & Fill DBoth
SITE DESCRIPTION/PERMIT INFORMATION
PNA: ❑Yes ENo
Photos Taken: Yes E No❑
Setback Required (riparian): Dyes
No
Critical Habitat: ❑Yes ENo ❑Not Sure
15 foot waiver obtained: ❑Yes ENo
Hazard Notification Returned:
❑Yes ENo
SAV. DYes ❑No ENot Sure
Shell Bottom: ❑Yes ENo ❑ Not
Temporary Impacts: EYes ❑No
Sure
Sandbags: ❑ Yes ENo ❑ Not Sure
Did the land use classification come from
Mitigation Required (optional):
countyLUP: EYes ❑No
❑Yes ENo
Moratorium Conditions: ❑Yes ❑No
Environmental Assessment Done:
ENA
❑Yes ENo ENA
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW)
High Quality Waters (HQM Outstanding Resource Waters (ORW)
WETLANDS IMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Lfmonium sp.)
❑ (SS) Glasswort ( Salicomia sp.)
wetlands)
(CJ) Saw grass (Cladium jamaicense)
El(SA) Self marsh cordgrass (Spartina
(SY) Salt reed gross (Spartina
altemiftors)
cynosuroides)
El (DS) Salt or spike grass (Distichlis
El (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata)
SO
❑ (JR) Black needlerush (Juncus
❑ (SP) Sall/meadow grass (Spartina
roemenanus)
patens)
APPLICATION FEE
No fee required - $0.00
❑ 111(A) Private w/ D&F up to 1 acre;
111(D) Priv. public or comm w/D&F to 1
3490 can be applied - $250
acre; 3490 can? be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modtfication to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
252-808-2808 :: 1-888-4RCOAST :: www.noeoastalmanagement.net revised: 02/15/10

NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 4)
❑ Permit Transfer- $100
® lll(8) Public or commercial w/D&F to 1
acre; 3490 can be applied - $400
❑ Express Permit- $2000
❑ Major development extension request -
❑ 11. Public or commercial/no dredge
$100
and/or fill - $400
❑ I. Private no dredge and/or fill - $250
❑ 111(C) Priv. public or comm w/D&F to 1
acre, 3490 can be applied; DCM needs
DWQ agreement - $400
revised 02115/10

NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4)
Applicant Coastal Federation
Date: 8114117
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
Number
TYPE
Choose
One
REPLACE
Choose
One
Dimension 1
Dimension 2
Dimension 3
Dimension 4
Excavation
1
45
275
.5
40
35
.5
45
50
.5
35
165
.5
New Work❑
Maint ❑
Replace
❑ Y ❑ N
New Work ❑
Maint ❑
Replace
❑ Y ❑ N
New Work ❑
Maint ❑
Replace
❑ Y ❑ N
New Work ❑
Maint ❑
Replace
❑ Y ❑ N
New Work El
Maint ❑
Replace
❑ Y ❑ N
New Work ❑
Maint ❑
Replace
❑ Y ❑ N
New Work❑
Maint ❑
Replace
❑ Y ❑ N
New Work❑
Maint ❑
Replace
❑ Y ❑ N
New Work❑
Maint ❑
Replace
❑ Y ❑ N
New Work ❑
Maint ❑
Replace
❑ Y ❑ N
New Work ❑
Maint ❑
Replace
❑ Y ❑ N
New Work ❑
Maint ❑
Replace
❑ Y ❑ N
New Work ❑
Maint ❑
Replace
❑ Y ❑ N
revised 02/15/10

NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of a)
Applicant. Coastal Federation
Date: 6114117
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet.
Habitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft.
(Applied for.
Disturbance total
includes any
anticipated
restoration or
temp im is
FINAL Sq. Ft
(Anticipated final
disturbance.
Excludes any
restoration
andror temp
impact amount)
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
lemp impacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration andror
temp impact
amount
Shallow Bottom
21800ft2
218002
Dredge ❑ FAI ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
252-808-2808 :: 1.888-4RCOAST :: www.ncconstaimanamement.net revised: 02/15/10

• ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Coastal Management
ENVIRONMENTAL QUALITY
Director
Carteret News Times
Re: Public Notice — Carteret Co.
Dear Sir:
Please publish the attached Notice in the 8/16/17 issue of the Carteret News Times.
The State Office of Budget and Management require an original Affidavit of Publication prior to
payment for newspaper advertising. Please send the affidavit, an original copy of the published
notice, and an original invoice to Arthur Stadiem, NC Division of Coastal Management, 400
Commerce Avenue, Morehead City, North Carolina 28557, Telephone [phone].
Thank you for your assistance in this matter. If you should have any questions, please contact
me at our Morehead City office.
Management Representative
Enclosure
cc: Roy Brownlow, District Manager
Doug Huggett, Major Permits Coordinator
Slate of Nonb Carolina I Environmental Quality I Coastal Managemenl
400 Conuneme Ave I Morehead City, NC 28557
252 808 2808

NOTICE OF FILING OF
A PPLICATION FOR CAMA
MAJOR DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS
113A-119(b) that an application for a development permit in an Area of Environmental Concern
as designated under the CAMA was received on 8/10/17. According to the application, NC
Coastal Federation applied to remove marine debris in Westmouth Bay adjacent to Harkers
Island, Carteret County. A copy of the entire application may be examined or copied at the
office of Ryan Davenport, NC Division of Coastal Management, located at 400 Commerce
Avenue, Morehead City, NC, [phone] during normal business hours. Comments mailed
to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue,
Morehead City, N.C. 28557, prior to 9/4/17, will be considered in making the permit decision.
Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal
agencies. Notice of the permit decision in this matter will be provided upon written request.
PUBLISHED ON: 8/16/17
State ofNonh Carolina I Environmental Quality I Coastal Management
400 Commerce Ave I Morehead City, NC 28557
252 808 2808

Coastal Management
ENVIRONMENTAL QUALITY
NC Coastal Federation
C/o.Bree Tillett
3609 Hwy 24
Newport, NC 28570
Dear Ms. Tillett:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Dimclor
8/14/17
The NC Division of Coastal Management hereby acknowledges receipt of your application for State
approval for development in Westmouth Bay near Harkers Island. The complete package was received on
8/10/17. The projected deadline for making a decision is 10/23/17. An additional 75-day review period is
provided by law when such time is necessary to complete the review. If you have not been notified of a
final action by the initial deadline stated above, you should consider the review period extended. Under
those circumstances, this letter will serve as your notice of an extended review. However, an additional
letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from 8/10/17, you may request a meeting
with the Director of the Division of Coastal Management and permit staff to discuss the status of your
project. Such a meeting will be held within five working days from the receipt of your written request and
shall include the property owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the
property of your proposed development. You should post this notice at a conspicuous point along your
property where it can be observed from a public road. Some examples would be: Nailing the notice card
to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road
right-of-way where a private road would lead one into your property. Failure to post this notice could
result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the
appropriate State or Federal agency. Please contact me if you have any questions and notify me in
writing if you wish to receive a copy of my field report and/or comments from reviewing agencies.
Management Representative
Enclosure
cc: Doug Huggett, Major Permits Coordinator
Roy Brownlow, District Manager/Compliance Coordinator
State ofNotth Carolina I Envimnmental Quality I Coastal Management
400 Commerce Ave I Morehead City, NC28557
252 808 2808

CAMA'PERMIT
APPLIED FOR
COMMENTS ACCEPTED THROUGH !Ecif/l
APPLICANT:
FOR MORE DETAILS CONTACT
THE LOCAL PER T OFFICER BELOW:
A

■ Complete items 1, 2, and 3. Also complete
A.
4 if Restricted Delivery is desired.
e
X
MWitem
IIIPrint your name and address on the reverse
essee
B. Received by (Ppled Nam
C. Date of elivery
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 17 ❑ Yes
1. Article Addressed [o:
If YES, enter delivery address below: ❑ No
CNQAS CNA'Owkcw
by t14"Zo
Su{I .�
3. Service Type
"'� (��
A Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7004 0750 0002 0835 2645
(transfer from service label) _ _
PS Form 3811, February 2004 Domestic Rehm Receipt fo25e5a2-M-1e40