The URL can be used to link to this page

Home My WebLink About20020334 Ver 2_Other Agency Comments_20090515Regulatory Division REPLY TO ATTENTION OF: May 11, 2009 Action ID No. SAW-2002-00498 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: DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 () Z -0334 VZ Q?@11oe[9p MAY 1 5 2009 DENR • WATER QUALITY MUM AND STDRMWATER BRANCH Reference the application of Allen Wooten to perform maintenance dredging, reconfigure the existing 9-slip docking facility, and replace 168 linear feet of existing bulkhead adjacent to the Atlantic Intracoastal Waterway, at 122 Broadview Lane, near Hampstead in Pender 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. All work authorized by this permit must be performed in strict compliance with the permit plans, which are a part of this permit. 2. No excavation or filling will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. 3. All excavated materials will be confined landward of the mean high water (MHW) elevation contour and any regularly or irregularly flooded vegetated wetlands. 4. All excavated materials will be confined landward of the mean high water (MHW) elevation contour within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. 5. The terminal end of the pipeline from the dredge into the diked retention area will be 1 -2- positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids. 6. A water control structure will be installed at the intake end of the effluent pipe leading from the retention area in order to ensure maximum settlement of suspended solids. 7. Flow from the diked retention area will be confined by pipe, trough, or similar device to a point at or below the mean low water (MLW) elevation contour to prevent gully erosion and siltation. 8. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. 9. No vegetated wetlands will be excavated or filled. 10. Excavation will not exceed 6 feet below the elevation of mean low water (MLW). 11. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 12. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. 13. 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. 14. The permittee shall comply with the enclosed list of United States Coast Guard Regulations. 15. It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this 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. 16. No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. 17. The authorized structure and associated activity will not cause an unacceptable interference with navigation. -3- 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. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. 20. 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. 21. All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. 22. No portion of any structure will be located within 80 feet of the near bottom edge of the Federally maintained channel. 23. The West Indian manatee (Trichechus manatus), which is listed as a federally endangered species, has been reported in the waters in New Hanover County. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina" must be followed. 24. Following completion of the project an as built survey may be required by the U. S. Army Corps of Engineers. In addition, the permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit Attention: Sharon Tear N CS261 1315 E West HWY RM 7316 Silver Spring, MD 20910-3282 at least two weeks prior to beginning work and upon completion of work. -4- Should you have any questions or comments, please contact the undersigned at (910) 251- 4634. Sincerely, Dave Timpy Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Ms. Cyndi Karoly / DWQ, NC Dept of Environment Health & V Natural Resources, Wetlands Division 2321 Crabtree Blvd, Suite 250 Raleigh NC 27604-2260 Mr. Pete Benjamin 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 Pace Wilber Supervisor, Atlantic Branch Habitat Conservation Division PO Box 12559 Charleston, SC 29422-2559 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 CWO Steve Lyons Staff Symbol: Aton 2301 East Ft Macon Rd. Atlantic Beach, NC 28512 Mr. Steve Everhart Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources 127 Cardinal Drive Extension Wilmington NC 28405-3845