20040698 Ver 1_Other Agency Comments_20040720

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IN REPLY REFER TO
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Regulatory Division
Action ID No. 200411420
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field office
P.O. Box 1000
Washington, North Carolina 27889-1000
July 13, 2004
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
And Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Dear Mr. Huggett:
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JUL 2 0 2004
WATER ~UAI.ITY ~ECi"I(~1~
Reference the application of the Cypress Retreat Subdivision for a Department of the Army
permit to conduct excavation activities and construct a bulkhead, pier, and a covered platform, on
property located off US Highway 64, adjacent to the Scuppernong River, near Columbia, in
Tyrrell County, North. Carolina.
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. 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. Tile bulkhead will not be positioned farther waterward than 5 feet from the normal water
level elevation contour at any point along its alignment.
3. All backfill materials will be obtained from a highground source and confined landward
of the permitted bulkhead.
4. All excavated materials will be confined landward of the mean high water (MHW)

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elevation contour within adequate dikes or other retaining structures to prevent spillover of
solids into any vegetated wetlands or surrounding waters.
5. No vegetated wetlands will be excavated or filled.
6. Excavation will not exceed -3.5 feet below the elevation of mean low water (MLW).
7. The temporary placement or double handling of excavated or fail materials within waters
or vegetated wetlands are not authorized.
8. The fill material will be clean and free of any pollutants except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used. .
9. 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. Use of the permitted activity must not
interfere with the public's right to free navigation on all navigable waters of the United States.
10. The permittee will maintain the authorized work in good condition and in conformance
with the terms and conditions of this permit. The permittee is not relieved of this requirement if
he abandons the permitted activity without having it transferred to a third party.
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.
Questions or comments maybe addressed to Mr. Raleigh Bland, Washington Field Office,
Regulatory Division, telephone [phone], extension 23.
Sincerely,
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Raleigh Bland, P.W.S.
Regulatory Project Manager

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Copies Furnished:
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment
And Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Garland B. Pardue
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Terry Moore, District Manager
Washington Regional Office
North Carolina Division of Coastal Management
943 Washington Square Ma11
Washington, North Carolina 27889