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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

November 25, 2022

Regulatory Division

Action ID No. SAW-2022-01842

Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
[e-mail]

Dear Mr. Howell:

Reference the application of William A. Brown, Manager of Residence at 9th, LLC
proposal to construct a bulkhead, a 20-slip marina facility, and conduct excavation within waters
adjacent to Harbor Channel, at 901 and 909 Shepard Street, in Morehead City, Carteret County,
North Carolina.

Specifically, the applicant proposes to stabilize the shoreline with 480’ of vinyl bulkhead. This
would involve the filling of approximately 1,693 square feet of Estuarine Waters of the existing
boat haul out area at 901 Shepard Street and irregular shoreline along 909 Shepard Street with
earthen backfill material. A pedestrian shoreline access is proposed to connect to the asphalt
drive. This access would be 8’ wide and 85’ long. It would be located near the center of the
property, terminating at the bulkhead in order to access the proposed marina docks. The
applicant proposes the main community marina access platform to be parallel to the shoreline.
This main fixed platform would be 8’ wide and 320’ long. This main fixed platform would
support access to eighteen proposed boat slips. There are two existing slips to remain adjacent to
the southeast corner of the property. These existing slips are supported by three existing piers.
The eighteen proposed slips are supported by nine proposed finger piers. Slips 1-5 would be
accessed from the main platform via a 4’ wide and 73’ long pier perpendicular to the shoreline.
There would be two finger piers directed westward from this pier. Each of these two finger piers
would be 4’ wide and 28’ long. Slips 6-18 would be accessed from the main platform via six
proposed finger piers. Five finger piers would be 4’ wide and 34’ long and the sixth would be 4’
wide and 26’ long. Slips 2-18 and slip 20 would have traditional pile-supported boat lifts.

To prevent the grounding of vessels within the proposed boat slips, shallow bottom excavation is
being proposed as a part of this project. This proposed excavation would be in slips 1-2, 5-13, &
19-20 (existing slips). The proposed excavation within the two existing boat slips would involve
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the removal of 70 cubic yards of material and connect to the -6.5’ nlw depth contour. The
proposed excavation adjacent to the proposed main platform supporting the proposed new boat
slips would involve the removal of approximately 450 cubic yards of material to connect to the -
5’ nlw depth contour within Harbor Channel.

The proposed dredge method would be mechanical with backhoe, excavator and dump truck.
Disposal of dredged material is proposed onsite, landward of the proposed bulkhead, in uplands.

The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report. We recommend that the following conditions be
included in the modification to the State authorization:

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
https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf

2.The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety
Office at [phone].

3. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit. Any modification to these plans must be
approved by the US Army Corps of Engineers (USACE) prior to implementation.

4. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land-clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters or wetlands.

5. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.

6. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-
5083, Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.

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7. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.

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

9.The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.

10. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project
must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of
1973 (North Carolina General Statutes Chapter 113A Article 4).

11. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.

12. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct,
restore the water or wetland to its pre-project condition.

13. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee’s discovery of the violation.

Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office,
Regulatory Division, by email at [e-mail].

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Sincerely,

Liz Hair, Project Manager
Wilmington Regulatory Field Office

Electronic Copy Furnished:
USEPA; Mr. Todd Allen Bowers
NCDEQ/DCM; Gregg Bodnar
NC DEQ/DWR; Holley Snider
USFWS; Mr. Pete Benjamin/Mr. John Ellis
NMFS; Dr. Pace Wilber/Ms. Twyla Cheatwood