20081740 Ver 2_USACE Permit_20160212

DEPARTMENT OF THE ARMY
WILMINGTONENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
February 12, 2016
Regulatory Division
Action ID No. SAW -2008-03241
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department
of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Mr. James Bailey, Jr. to modify an existing authorization in
order to perform new dredging within Morgan Creek, construction of a 72 -unit condominium
complex, marina, upland basin, amenities and associated infrastructure, adjacent to the Morehead
City Channel, near 100 Olde Town yacht Club Road, on Radio Island, in Beaufort, Carteret
County, North Carolina. Coordinates in Decimal Degrees are: 34.3716206 N and -76.680592 W.
The project plans propose to construct 9 buildings for residential townhomes (with a total
of 72 units) to include amenities and associated infrastructure (parking, sidewalks, boardwalks,
electric, sewer, and water), storage buildings, marina, excavation of a high ground basin to
provide for 106 slips (including boat lifts for each), along with 16 slips on Morgan Creek, and a
basin bulkhead. Additionally, the applicant proposes to dredge approximately 31,886 square feet
of shallow bottom habitat along Morgan Creek and remove approximately 1,145 cubic yards of
material from the area within the proposed slips numbered 69-84. In addition to the above, a
wooden walkway is proposed around the perimeter of the upland basin in order to provide access
to each slip, with 63, three feet wide floating, finger piers.). A 355 -foot long X 8 -foot wide
floating dock is proposed along the shoreline of Morgan Creek to provide access to proposed
slips # 69-84.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. 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

-2 -
strictly adhere to all requirements therein. The guidelines can be found at
http://www.fws.gov/nc-es/mammal/manatee guidelines.pdf.
2. No portion of the reconfigured or newly constructed structure is authorized to be
within the U.S. Army Corps of Engineers Federal Channel Setback.
3. For any dredging or operational activity that impacts the safe navigation on Federal
waterways: The U.S. Coast Guard requires that the applicant must provide the following
information at least 10 days prior to dredging operations commencing:
a. Dates (Inclusive) of operation
b. Hours of operation (24 hours/daylight hours only)
c. Names of vessels involved
d. Working and standby frequencies
e. Specific Location (Mile marker/Channel)
f. Any specific instructions or concerns that would be pertinent to the mariner.
Send information to: USCG SECTOR NC WATERWAYS DIV
721 MEDICAL CENTER DRIVE
WILMINGTON, NC 28401
OR VIA EMAIL: NCmarineeventsguscg.mil
4. If the project is modified to extend further south into the channel, a 30 -day
notification is required to the USCG in order to determine if Federal Aids to Navigation need to
be relocated. Send the request to: USCG DISTRICT FIVE ( DPW)
431 CRAWFORD STREET
PORTSMOUTH, VA 23704
5. OR VIA EMAIL: CGD5 Waterwayscguscg_mil
6. 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].
7. 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.
8. 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

-3 -
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States.
9. Approval of the structure is based on determinations that there would be no
obstruction to navigation. The structure may be damaged by wave wash from passing vessels.
Issuance of this permit should not be construed, as relieving the permittee of taking proper steps
to insure the structure and moored boats will not be damaged by wave wash.
10. The authorized structure and associated activity must not interfere with the public's
right to free navigation on all navigable waters of the United States. No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for reason other than safety.
11. 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.
12. 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.
13. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Quality at [phone],
Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
14. 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.
15. 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.

ME
16. 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.
17. 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).
18. 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.
19. 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.
20. 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, telephone [phone].
Sincerely,
Liz Hair, Project Manager
Wilmington Regulatory Field Office

-5 -
Copy Furnished:
Ms. Karen Higgins
Division of Water Quality
North Carolina Department of Environmental Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Fritz Rohde
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
Electronic Copy Furnished:
Ms. Joanne Steenhuis, NC DWR
Ms. Courtney Spears, NC DCM
Ms. Heather Styron, NC DCM