20150506 Ver 3_GP80-0048signed_20161013

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
http://www. saw.usace.army.mil/WETLANDS/index.html
General Permit No.
Name of Permittee:
Effective Date:
Expiration Date:
198000048
General Public
Januarv 1, 2011
December 31, 2016
DEPARTMENT OF THE ARMY
GENERAL (REGIONAL) PERMIT
A general permit to perform 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 (33 U.S.C. 403), and Section 404 of the
Clean Water Act (33 U.S.C. 1344), is hereby modified and renewed by authority of the Secretary
of the Army by
District Commander
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE EMERGENCY CONSTRUCTION OF PRIMARY DUNES AND ANY
ASSOCIATED EXCAVATION WATERWARD OF THE MEAN HIGH WATER (MHW)
ELEVATION CONTOUR ON ATLANTIC OCEAN SHORELINES WITHIN NORTH
CAROLINA, AND TO AUTHORIZE THE EMERGENCY PLACEMENT OF
SANDBAGS AND ANY ASSOCIATED EXCAVATION NECESSARY TO FILL
SANDBAGS WATERWARD OF THE MEAN HIGH WATER (MHW) ELEVATION
CONTOUR ON ATLANTIC OCEAN SHORELINES WITHIN NORTH CAROLINA.
Special Conditions
a. Before initiating work under the authority of this general permit, the permittee must
obtain written approval from the North Carolina Division of Coastal Management (NCDCM) and
forward this approval to the Corps of Engineers, Wilmington District, Regulatory Division.
b. Work authorized by this general permit is limited to the reconstruction of primary
dunes and the placement of sandbags determined to be absolutely necessary to rectify an
emergency situation as defined by North Carolina Coastal Resources Commission Regulations.
The NCDCM in coordination with the Corps of Engineers, Wilmington District, Regulatory

Division, will make the decision whether an emergency exists. All work must comply with the
North Carolina Guidelines for Areas of Environmental Concern in Ocean Hazard Areas.
c. This general permit does not necessarily authorize restoration of the property to its
condition prior to the emergency. The Corps or the NCDCM may limit the scope of work to that
necessary to stabilize the beach to prevent property damage, injury or loss of life. Neither the
U.S. Government nor the State of North Carolina will be held liable should the authorized work
not fulfill its intended purpose.
d. All activities authorized by this general permit must be performed in strict accordance
with the Special and General Conditions of this general permit, any specific instructions from the
State or the Corps and any other state or federal requirements including North Carolina General
Statutes 113-229, 143-215.3(a)(1), 143-215.3(c) and 113A-118.
e. This general permit does not authorize the excavation or filling of wetlands subject to
Clean Water Act regulation.
f. Primary dunes will be reconstructed at or landward of existing or recently eroded
primary dunes and/or adjacent primary dunes.
g. Between April 1 and November 15 of any year, no work will be autharized by this
general permit until the permittee notifies the Corps and the Corps, after appropriate coordination
with USFWS and/or NCWRC makes a case specific determination that the work is not likely to
adversely affect threatened or endangered species or their critical habitat. The Corps may require
a permittee to comply with specific conditions to ensure that authorized work does not adversely
affect threatened or endangered species or their critical habitat.
General Conditions
a. Except as authorized by this general permit or any USACE approved modification to
this general permit, no excavation, fill or mechanized land-clearing activities shall take place
within waters or wetlands, at any time in the construction or maintenance of this project. 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.
b. Authorization under this general permit does not obviate the need to obtain other
federal, state, or local authorizations.
c. All work authorized by this general permit must comply with the terms 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 Quality.
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d. 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).
e. The activities authorized by this general permit must not interfere with the publics
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 a reason other than safety.
f. 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 pertnittee
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.
g. 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 affected water of the United States to its former conditions.
h. The permittee will allow the Wilmington District Engineer or his 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.
i. This general permit does not grant any property rights or exclusive privileges.
j. This permit does not authorize any injury to the properry or rights of others.
k. This general permit does not authorize the interference with any existing or proposed
federal project.
1. In issuing this 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.
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(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 permit.
(4) Design or construction deficiencies associated with the permitted work
(5) Damage claims associated with any future modification, suspension, or
revocation of this permit.
m. 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.
n. This general permit does not authorize any activity that the District Engineer
determines, after any necessary investigations, would adversely affect:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C.
1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic
and recreational rivers established by state and local entities.
(2) Historic, cultural or archeological sites listed in or eligible for inclusion in the
National Register of Historic Places as deiined in the National Historic Preservation Act of 1966
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.
(3) Sites included in or determined eligible for listing in the National Registry of
Natural Landmarks.
o. This general permit does not authorize any activity which will adversely affect any
threatened or endangered species or a species proposed for such designation, or their designated
critical habitat as identified under the Federal Endangered Species Act (16 U.S.C. 1531).
Information on the location of threatened and endangered species and their critical habitat can be
obtained directly from the Corps field offices or at the following internet address:
http://www.ncnhp.or�/Pa�es/herita�edata.html. or htt�://nc-es.fws.gov/es/es.html. Permittees
should notify the Corps if any listed species or designated critical habitat might be affected by the
proposed project and 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.
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p. 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.
q. 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].
r. At his 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.
s. Activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon an RGP will remain authorized provided the activity is completed
within twelve months of the date of an RGP's expiration, modification, or revocation. Activities
completed under the authorization of an RGP which was in effect at the time the activity was
completed continue to be authorized by that RGP.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
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efferson M. avage
Colonel, U.S. Army
District Commander