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HomeMy WebLinkAbout20011868 Ver 2_USACE Correspondence_20230126 700 Sunset Boulevard North • Sunset Beach,NC 28468 Telephone: 910-579-6297 • Fax: 910-579-1840 Website: www.sunsetbeaclinc.gov • Email: sunsetbeach@atmc.net S �j Lisa Anglin, Assistant Town Administrator SET B�4` January 26, 2023 Greg Currey United States Army Corp of Engineers 69 Darling Avenue Wilmington,NC 28403 Re: Reauthorization Request for Sunset Beach Mary's and Turtle Permit SAW-2002-00247 Dear Mr. Currey, As we previously discussed via email on November 1, 2022, the Town of Sunset Beach kindly requests that the USACE reauthorize SAW-2002-2002-00247. By copy of this letter, the Town would like to request that the N.C. Division of Water Resources also reauthorize State Water Quality Certificate No. 2001-1868v2. The USACE issued a permit to the Town for the navigational dredging of Mary's and Turtle Creek originally on December 11, 2018, with an expiration of December 31, 2021. A copy of the previous authorization and original plans are enclosed with this letter. Proiect Summary The Sunset Beach Mary's and Turtle project falls within a larger scope by the Town to maintain navigation access to the channels and canals along the eastern portion of Sunset Beach. Mary's and Turtle Creek connect to the AIWW near the entrance to North Jinks Creek and the Sunset Beach Causeway which provides navigation access to residents and visitors to the area. Material will be mechanically dredged from Mary's and Turtle Creek and placed on a barge or other floating work plant. The material will be transported to an approved offloading site,and then placed in a truck for transportation to the upland disposal area. Work on this project has not yet been initiated. Permit Background The N.C.Division of Coastal Management extended CAMA permit 132-18 for Mary's and Turtle Creek until December 31,2023.The Town anticipates requesting an additional two- year renewal of CAMA Permit 132-18, which, if granted, will extend the expiration date of that permit to December 31, 2025. The Town therefore requests that the USACE and N.C.Division of Water Resources extend their permits to December 31,2025 as well.This extended expiration date will allow for sufficient time for the Town to complete the project. If approved, the Town agrees to adhere to all requirements and conditions of the original permits. If there is any additional information that the Town can provide to facilitate your review of this request, please do not hesitate to let me know. Thank you very much for your help in this matter. Sincerely, � 4. Lisa H. Anglin Assistant Town Administrator/Town Clerk Enclosures: DA Permit SAW-2002-00247 and Associated Conditions Original permit application submittal Project Plans 401 Water Quality Certificate(DWR Project No. 2001-1868v2) Cc: Holley Snider,NC Division of Water Resources DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON,NORTH CAROLINA 28403-1343 December 20, 2018 Regulatory Division Action ID No. SAW-2002-00247 and State Permit No. 132-18 Town of Sunset Beach Attn: Mr. Hiram Marziano 700 Sunset Boulevard N. Sunset Beach,North Carolina 28468 hmarziano cgsunsetbeachnc.gov Dear Mr. Marziano, Reference your application for a Department of the Army permit to conduct maintenance dredging within waters of Mary's Creek and Turtle Creek, located near the southern terminus of Sunset Boulevard N., adjacent to the AIWW, in the Town of Sunset Beach, Brunswick County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2021. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Branch, telephone 910-251-4049. Sincerely, Liz Hair Regulatory Project Manager -2- Enclosures: Plans CAMA permit GP 291 permit w/Special Conditions Manatee Guidelines Electronic Copies Furnished(with enclosures): Moffatt&Nichol; Mr. Robert Neal/Ms. Dawn York Electronic Copies Furnished (without enclosures): Mr. Fritz Rohde;NMFS-HCD Dr. Pace Wilbur;NMFS-HCD Ms. Twyla Cheatwood;NMFS-HCD Mr. Doug Huggett;NCDEQ-DCM Ms. Karen Higgins; NCDEQ-DWR Mr. Pete Benjamin; USFWS Ms. Kathy Matthews; USFWS Mr. Todd Allen Bowers; USEPA BOSN4 Ryan Taylor; USCG Mr. Chad Coburn;NCDEQ-DWR Ms. Courtney Spears;NCDEQ-DCM Special Conditions SAW-2002-00247 Mary's and Turtle Creek dredge 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 http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. 2. In order to protect anadromous fish, no excavation or filling activities will be permitted between the dates of April 1 and September 30, of any year without the prior approval of the Corps of Engineers. 3. The Town of Sunset Beach and its contractors will employ NMFS' Sea Turtle and Smalltooth Sawfish Construction Conditions (rev. March 23, 2006). 4. In order to avoid and further minimize impacts to coastal marsh, a 20-ft buffer will be maintained between the dredge area and any coastal marsh. DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington,North Carolina 28403-1343 http://www.saw.usace.army.mil/Missions/Regulato Perm itPro ram.aspx General Permit No. 198000291 Name of Permittee: General Public Effective Date: January 01, 2017 Expiration Date: December 31, 2021 DEPARTMENT OF THE ARMY GENERAL PERMIT A general permit to do work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers,pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington Avenue Wilmington,North Carolina 28403-1343 TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA IN THE FORM OF A COASTAL AREA MANAGEMENT ACT(CAMA)PERMIT,AND/OR A STATE DREDGE AND FILL PERMIT,AND IF REQUIRED, A WATER QUALITY CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER REGIONAL GENERAL PERMIT. OOperatin2 Procedures a.Applications for joint state and federal authorization under this programmatic general permit will be accepted through the North Carolina Division of Coastal Management(NCDCM). Receipt of a complete application by the NCDCM will initiate the State's field review that will include a site visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will forward a copy of the complete application, its Field Investigation Report and its Bio-Report,to the appropriate Corps of Engineers field office,thereby initiating federal review of 1 the project. The Corps, upon receipt of an application, will immediately assign an action identification number, acknowledge receipt thereof, and examine the application to assure that it can be processed pursuant to this programmatic general permit. The applicant and the NCDCM will be furnished written notification of the Corps' determination. Notification to the applicant will include a brief description of the administrative process. b. For those proposals that may result in a discharge into waters of the United States, including wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be informed regarding the applicant's need to obtain a Water Quality Certification in accordance with section 401 of the Clean Water Act. c. If, at any time, the Corps determines that a proposed activity is eligible for authorization under another regional general permit(RGP) or a nationwide permit(NWP), this procedure may be terminated and the activity authorized pursuant to the terms and conditions of the appropriate RGP or NWP. d. The permit review process conducted by the NCDCM is a public process involving publication of public notices in local newspapers, public hearings, and various public appeal procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed necessary for compliance with appropriate laws, regulation and guidance. e. This general permit does not, in any way, alter established procedures or responsibilities, as required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with respect to the Corps' coordination with appropriate review agencies. The applicant will continue to have the opportunity to rebut any objections to a proposal. f. The Corps will provide copies of the application and plans, the NCDCM's Field Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS)the U.S. Environmental Protection Agency (EPA), and any other federal agency that the Corps determines to be a necessary review agency (collectively, the"Federal Agencies"). Receipt of this material will initiate the Federal Agencies' review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to provide the Corps with their comments and recommendations, including any proposed permit special conditions and recommendations of denial. The Corps may grant extensions of time for Federal Agency review if justified by unusual circumstances. If an extension is granted that would substantially delay an NCDCM decision, the application may be removed from this general permit process. g. The Corps will receive and review all Federal Agency comments as well as any applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will prepare a coordinated federal position incorporating all Federal Agency comments, including proposed permit special conditions and any recommendations for denial. The Corps will 2 typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of the complete application, and copies of the Field Investigation Report and Bio-Report. h. If the Corps does not concur with a Federal Agency's comments or recommendations, the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to resolve the issue may include initiating the referral procedures outlined by current memoranda of agreement(MOA's) between the Department of the Army and the agency. No coordinated federal position will be furnished to the NCDCM until and unless the Corps receives written agreement from the Federal Agency that all issues have been resolved to the satisfaction of that agency. i. If any of the recommendations and/or conditions included in the coordinated federal position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10) days of receipt of the coordinated federal position and attempt to resolve the conflict. If resolution of the conflict involves changes to the conditions or recommendations provided by the Federal Agencies, the provisions of paragraphs g. and h. (above)will apply. If the conflict is resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit will be issued and the authority of this general permit will apply. j. If a Federal Agency conflict is not resolved within the time necessary for a decision by the NCDCM, the NCDCM may proceed, independently, to conclude the state action without inclusion of the federal position. In such case, the applicant and the NCDCM will be notified immediately, in writing, that the state permit does not satisfy the federal permit requirements and that the proposal in question may not proceed without federal authorization. k. If the coordinated federal position is not in conflict with state agencies'positions, law, regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section 401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not confirm the authorization of a proposed project under this General Permit until the issuance of the NCDCM permit and, if required, the Section 401 Water Quality Certification. 1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the applicant will be informed that federal authorization is denied without prejudice. m. No work may proceed under this general permit until the Wilmington District Engineer or his representative provides written verification that the procedures and conditions of the general permit have been satisfied. n. The NCDCM and the Corps will monitor all permitted work and periodically inspect projects for compliance with permit conditions and applicable state and federal regulations. If any violation of the NCDCM permit is discovered which would also constitute a violation of the 3 federal position, both the NCDCM and the Corps, in accordance with their respective regulations and policies, may take enforcement action. o. This general permit will not be used to authorize an activity when the Wilmington District Engineer determines that the proposed activity would significantly affect the quality of the human environment and therefore require preparation of an Environmental Impact Statement (EIS). General Conditions a. Authorized structures located on 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 http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. 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 must obtain approval from the Corps prior to the construction of any structures within the Federally Authorized Channel Setback. b. Except as authorized by this general permit or any Corps approved modification to this general 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. c. Authorization under this general permit does not obviate the need to obtain other federal, state, or local authorizations. d. All work authorized by this general permit must comply with the terns and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit issued by the North Carolina Division of Water Resources. e. 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). f. The activities authorized by this general permit must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by 4 the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for a reason other than safety. g. 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/her 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 ,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. h. The permittee, upon receipt of a notice of revocation of the permit for the verified individual activity, may apply for an individual permit, or will, without expense to the United States and in such time and manner as the Secretary of the Army or his/her authorized representative may direct, restore the affected water of the United States to its former conditions. i. This General Permit does not authorize any activity that would conflict with a federal project's congressionally authorized purposes, established limitations or restrictions, or limit an agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, or obstruct a federally constructed work or project, including, but not limited to, levees, dams,jettys, navigation channels, borrow areas, dredged material disposal sites, flood control projects, etc., shall be permitted unless the project has been reviewed and approved by the appropriate Corps approval authority. j. 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: SAWWeb-NAVgusace.arm mil. k. The permittee will allow the Wilmington District Engineer or his/her representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. 1. This general permit does not grant any property rights or exclusive privileges. m. This general permit does not authorize any injury to the property or rights of others. 5 n. This general permit does not authorize the interference with any existing or proposed federal project. o. In issuing this general permit, the Federal Government does not assume any liability for the following: (1)Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (3) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this general permit. (4) Design or construction deficiencies associated with the permitted work. (5) Damage claims associated with any future modification, suspension, or revocation of this general permit. p. Authorization provided by this general permit may be modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the best public interest. The term of this general permit shall be five (5)years unless subject to modification, suspension or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the United States Government. q. No activity may occur in a component of the National Wild and Scenic Rivers 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 designation or study status. 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, etc.) r. This general permit does not authorize any activity within, or directly affecting, a marine sanctuary established by the Secretary of Commerce under authority of Section 302 of the Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the Corps with a certification from the Secretary of Commerce that the proposed activity is consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act. Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN. 6 Permittees may not begin work until they provide the Corps with a written certification from the Department of Commerce. s. In cases where the Wilmington District Engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act(NHPA) have been satisfied. Permittees may not begin work until notified by the Corps that the requirements of the NHPA have been satisfied and that the activity is authorized. t. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this general permit, you must immediately notify the Wilmington 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 Wilmington 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. u. No activity is authorized under this general permit 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 Section 7 consultation addressing the effects of the proposed activity has been completed. Information on threatened and endangered species and their critical habitat can be obtained directly from the Corps field offices, the USFWS field offices or at the following web addresses: http://www.fws.gov/ or http://www.fws.gov/ipac/or http://www.noaa.gov/fisheries.html . Permittees may not begin work until notified by the Corps that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. v. If the permittee discovers or observes any live, damaged, injured or dead individual of an endangered or threatened species during construction, the permittee shall immediately notify the Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. w. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a floodway that results in any increase in base flood elevations. This general permit does not authorize any activity prohibited by the National Flood Insurance Program. 7 x. The permittee must install and maintain, at his/her 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 Coast Guard Sector North Carolina at(910) 772-2191 or email Coast Guard Fifth District at cgd 5 waterways guscg.m i 1. y. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. z. It is possible that an authorized structure may be damaged by wavewash from passing vessels. The issuance of this general permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. aa. Structures and their attendant utilities, authorized by this general permit, located on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of the permittee, in the event that, in the judgment of the Corps acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. bb. The permittee must maintain any structure or work authorized by this general permit in good condition and in conformance with the terms and conditions of this general permit. The Permittee is not relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple of the work authorized by this general permit will automatically transfer this general permit to the property's new owner, with all of the rights and responsibilities enumerated herein. The permittee must inform any subsequent owner of all activities undertaken under the authority of this general permit and provide the subsequent owner with a copy of the terms and conditions of this general permit. cc. At his/her sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific proposal. In such case, the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. dd. Except as authorized by this general permit or any Corps approved modification to this general 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. ee. Except as authorized by this general permit or any Corps approved modification to this general permit, all excavated material will be disposed of in approved upland disposal areas. ff. Activities which have commenced (i.e., are under construction) or are under contract 8 to commence in reliance upon this general permit will remain authorized provided the activity is completed within twelve months of the date of the general permit's expiration,modification, or revocation. Activities completed under the authorization of this general permit that were in effect at the time the activity was completed continue to be authorized by the general permit BY AUTHORITY OF THE SECRETARY OF THE ARMY: FOR THE COMMANDER: Scott McLendon Chief, Regulatory Division Wilmington District i I i I I i I i I 9 ( z IL } < � / § CL � ] \ / e § S z z 2 )\ 4 O z ;= d ]! � ; )§ ` § z2 /\ &% �} y §Z » \ \ \ ( o _ F 2le¢ IL « . ®2 2 / Z& § }0 Z_ oLU j�\ L§§ 20- ~ § \ } ))k z LU °§f [ a §2g < E ,� § \ ! k � e ia o n C = -_ a \ — t _ * •.X, y to o _ LU t� Q •U W Cl p tr - " r z l t r + + ± U O � z W a � w O z J iY W rt- c t'.I rt - •J r� � Ic oc 1 - 't x v C )i 0 _ _ - C- - •1 W -t -Y rt 7 -t TV H L - _ c if r C _ + + + + S U w m wz ZJ M O u)G } U LL J m J - z~ 0= F J W F O Q z Q O N z O 2Q I �i W Q g WaW� L=nC.J Ln<z OO OZ m Z pZ dIYH J mZ pp_ JOa- ZZU 02a W Q v O O J Z Q Z U a Y p E W JQ F O Z O pwz� ~~�� �� �� �o oaf -Z ° u Ufa pwzW� �� ¢F JUd �w� w-0oQ ° a-(W7 p ZQ O00 U O : Li W= O F=-Q �m W 2 Q >> =Z m } ZZU ZF- FQ Effi+1 ZQO aNLn O.wwJ R O m<>a :wR� mw �a LLj w~zvFZ2o JQU wawo �a w� W�� ¢FaoJo�oaf L) W d F m 5 m Lu Q N Z Q JQF U FZ Nw s p aU F mz Z w w OWJ = Qa Q mQ } iOZQa IL LL W¢ ZOa W a = 0EYm z F w QN OWJ`QF VQ 0 p Q LLI F WJ NZ}FOLz- aa �S J ZQa FUm LWn JaOJF yYZ 0jN aWQNZOOmD � p0�aZpO aJ CWZ -rt aZaayOWQPmmL---n a Q YLL, S?Ra -j JO zm ZW ZOOa F mW nom ¢w wr8 a F- 0 Q a wmaa���omwa�Szumio�w mwF x a F Nw OUUZ m�QQ�JU(=ZF OUwJF ZZo Q Z F,-- a�CW)JLi <1 I W W J I< �Oa CF7Q Z=L� LUiz¢ z Of p O H m p Y Z O a J a a J N p m Z Q p~O Z w F-J z~ Q Q Lj W W Zw JFOO> �Q W ZQQQJZ Wc'UaQaF OQ4 uLL. a6mH�U Ua- H WFQ-W JF�_ Z.F}pQ h-�� O p O a LY F J 30 Z W w Q W J W U p J Q~J�W m W w Z W a a F J J J O Q F W O J W F Q Q J Q U p F Y: Q 2 a W U J a J a LY Q W m J W=a W O LY Z J m Z W_F 3 m Ja F Q LY Q Q m Q a F 3 Lil vQ�F�m a F<<M z aw <:2rz a o C 2� �jy h fh O n Ld W w w - a W J f- n- - L W w (� ~ O ~ U W _ �Q�� Z_II F- z Ld w of W a a aLLLJ w Q O i Q W a w w 0 z a Q' (if F- 1 F- w � a o ;J H < .I O Cie � w cn x LLI Y W W m W Q c _ W Z U NJ Z �..... - �- _ NOf L•U Z2 a , w ¢ pO z U) W .,,• Q a o 0 o Q o C) a o w :7.2` Y bo 31VO3&OAy3 Cc Z O LL °+ QOY (BLS S z(3 w SUNSE x z x L)0W -t m W J �cc Q z — ywP :�.....". �Q Z r., 7ZC �F- i a WQZ w�cwn' a �ZQ Z QOZ o ZZ} k LL J w - claw Z Z E N LLI r m Gi (n:2 U) a 0 N Z ? v o n w S T a o Z �O �H Y W Ld _ w O w W W U M1W 1.3 MlW p w~ 7 wc�io 13 o Q Z 411W O.s` 13 1` L I F.W 00+0 w `� ����� •h r *.. < I 2 U Lu i v y J a ZO ' w cai O -p 2 Z� 3:cc O r 02 CL LLj o m 0 H C! o cl � o ' .,_ p oo O D J y J 4 2+00 0 1 4+00 w a o w 6+00 c� EL VARIES w a ^Ox / O 1h m LL' w x aox ,\O O F Z(7 W U—¢ �ow N m w h ' � ` e �r =Z o 0 x jr- Lu i a zo Z Z Y 0 Q Q LL a W e N h i Ln o P� m 0 0 o n n o n Ln O O � I 'IN O O U.O N O O O O Q Q a Z \ W Z J W III III III III W W 0 0 = O O 4 U o z ~ \ n W W z n W h Z W U z o � 7 W Q I Lwi J X CD Lii h U O Q XO O _ O W O �L— — H _ _ O W in I O Z U Q W I O Z J n d Q w aw ( w a U � a o cn cr) o o y 0 0 o w I- w o 0 0 0 0 o J oly w O O Sri � o clf O o nbd Ln LLJ O o I w >O I U) o Ld o O n o Ln o o n o Ln o (MIN) NOIlVA3l3 (MIN) NOIlVA3I3 x U In Ln O Ln Ln a CDo I I m W Z � N J rn �O cV O M Q p LD LL O U > O O O Z= Z Ln J Ln ~ W III III J I W � �Z $ O O O Z Z N p U W W W O m Z o w a Z > Q CDw ¢ a w W Z W R z Q II III o v aU) F::: U aw \ o Q W I o Q w w \1 (n (n w n C 0 0 o 0 4 o a Z 0 o O O O w w a L j w w a CD U d x O O p (7 aL J O 0 Q W Ln W > W of ix O 2 Q O Z(7 W n J Ln x2w O Z l wLLJ Z w I LyU4Q]C7 U (n > 0 U) O mWJ w O W ¢H p 0 yrj0¢ n W" OJ H 7 Z U O Ln o Ln o o Ln o Ln o (n a z owa z (MIN) NOIlVA3I3 (MIN) NOIlVA3I3 z z} k ¢ a o aa LL 0 � 3 m � m W � e o � W a o a h N LL 0 N w ^ w 2 W N ti rn n h Z W 0 h u U w cn J Q U a x v Ln Ln 0 Ln Ln a 1 o o Wm WZ y J rn rn z O N N M¢ d > O ; 00LL O Q O z H Z n D n ¢ II III II1 II 0 Oz W J n O W O O w F p F O O Z Q Z U W W W O X CD L� (Zj O W W C7 W �u ~ 2 Q W W Q Q W I O v O Q LLJ O 00 R m Ul—- _ - - + U mil— - Q - - -� U O Z¢ X O Z F (w � (n c H (_n LLJ I d O aw a z 0 0 0 0 0 0 1 CCD I Cal LL w �w W a0Y o o o z0W z � LL 1 Z LL 1 QQC7U > O j WWw L'iO w O m¢IJ- W 0 J ZU~ O D z U O �n O Ln O O in O In O LL 2 a Z > (MlW) NOIlVA3�3 (MAW) NOIlVA313 z~ k z ¢ a oaa 0 $ rz 3 m � m W � e a o a C eE&»gao k BIr y~ oy & a El \y gm )F--/<E e/ < w §/ <E -G1 =e=o< z&% <E \/ /)aa=22°\/3 e 2®\\»6/»6G ss \o \y/ ` #\2 32 § -_ >>@eez= z , a b§/ of = \)//oe2Eo®\ 2«e @ \� a §G z 23geeee : ��e i = / E\ +�J\OP\\\\� � w / a� & ®oj3 G z , / \ < /\}}}//\\}\/2\ + § � o ©§ \ 2}%3P\/i<0 o</ \ \ 4 & 2 ~/<°aozeeo=o=3 b \z/=G5g2l=§=z® z o=3=zeZ43z34% at » < � - / § / \ ) E e £ e) \ . [ #/E \ �<Lj N \yn \ �EN , ESE+A® s § wk /( I \ A� > \ / _00 z , \ z \ ) f9 §e e< 2 y_ m % o ( \ ® // `\}§ \ . {\< \ Lu +:2_ < 2 F- §_ ~ < )§u, \ ' �'k / j 2e # �z< ¥ \ z 5- wA� z �)) o u g, s - ) q . \ ( (! 0 / 3 ! ENT`OFTy�,2� United States Department of the Interior $ FISH AND WILDLIFE SERVICE Raleigh Field Office �4flCH 3 s 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 measures 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),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), 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. 02/2017): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-4520 2 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. F7 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 1. 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. 3 v{T or*,, �g UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office a"'resov 263 13th Avenue South St. Petersburg,FL 33701 SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water-related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming,harassing,or killing sea turtles or smalltooth sawfish,which are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled,be properly secured,and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg,Florida. d. All vessels associated with the construction project shall operate at"no wake/idle"speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will preferentially follow deep-water routes(e.g.,marked channels)whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division(727-824- 5312)and the local authorized sea turtle stranding/rescue organization. g. Any special construction conditions,required of your specific project,outside these general conditions,if applicable,will be addressed in the primary consultation. Revised: March 23,2006 O:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc ��p,qp P1MOSgyE� a c k � Mr",O< DocuSign Envelope ID:96DE56CA-F071-4DFA-86FB-AB8EC70AF50A ROY COOPER Ac- Governor MICHAEL S. REGAN Secretai-v Water Resources LINDA CULPEPPER Environmental Quality Interim Director April 23, 2018 Brunswick County DWR Project: 2001-1868v2 Town of Sunset Beach Ms. Susan Parker 700 Sunset Boulevard Sunset Beach,NC 28468 Subject Property: Maintenance Dredging of Mary's & Turtle's Creek Approval of 401 Water Quality Certification with Additional Conditions Dear Ms. Parker, You have our approval, in accordance with the attached conditions and those listed below, to perform maintenance dredging within Turtle and Mary's Creeks in the previously authorized dredge footprint and final depths as described in your application received by the N.C. Division of Water Resources (DWR) on March 12, 2018. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4144 (GC4144). In addition, 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://portal.ncdenr.org/web/wg/swp/ws/40 I/certsandperm its. 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: 1. Please understand that the waters around your project area have been identified by the Division of Marine Fisheries as Primary Nursery Area(PNA). Should the need for dredging within the proposed project area arise in the future, please be aware that new dred2in2 within a PNA is not allowed under 15A NCAC 02B .0221 and is a degradation of water quality standards and therefore considered a water quality violation. [15A NCAC 02B .0221]. `"Nothing Compares"=.� State of North Carolina I Environmental Quality 1611 Mail Service Center I Raleigh,North Carolina 27699-1611 919-707-9000 DocuSign Envelope ID:96DE56CA-F071-4DFA-86FB-AB8EC70AF50A Town of Sunset Beach Turtle&Mary's Creek Dredging Brunswick County 2001-1868v2 Page 2 of 4 2. 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 given a 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 {I 5A 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 213 .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 shall provide 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 the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 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)] t DocuSign Envelope ID:96DE56CA-F071-4DFA-86FB-AB8EC70AF50A Town of Sunset Beach Turtle&Mary's Creek Dredging Brunswick County 2001-1868v2 Page 3 of 4 7. 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 (800) 858-0368. 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]. 8. 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)]. 9. 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 NCDEQ 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.ncdenr.ora/web/wq/swp/ws/401/certsandpermits/appl /f� orms). Violations of 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 be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919) 431-3000 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 8:00 am and 5:00 pm, excluding official state holidays). ,1 DocuSign Envelope ID:96DE56CA-F071-4DFA-86FB-AB8EC70AF50A Town of Sunset Beach Turtle&Mary's Creek Dredging Brunswick County 2001-1868v2 Page 4 of 4 The petition may be faxed to the OAH at(919) 431-3100, 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: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc).- Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. 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 Chad Coburn in the DWR Wilmington Regional Office at(910)796-7379 or Chad.Coburn cgncdenr.gov. Sincerely, E DocuSigned by: J W Y Cal 1(A a� O E3ABA14AC7DC434... Morella Sanchez-King, Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources,NCDEQ Enclosure: GC4144 cc: Robert Neal—Moffatt&Nichol (via email) Tyler Crumbley - USACE Wilmington Regulatory Field Office (via email) Heather Coats—DCM Wilmington (via email) W iRO/LF f�er,.