20191554 Ver 1_final signed Southport Ferry Dredging NW 11 2019_20191119

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2009-02060 County: Brunswick County U.S.G.S. Quad: Kure Beach
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Brian Doliber
NCDOT - Ferry Division
Address: 159 Lucinda Lane
Powells Point NC, 27966
Telephone Number:
Size (acres) 12.18 Nearest Town Southport
Nearest Waterway Price Creek River Basin Cape Fear
USGS HUC 03030005 Coordinates Latitude: 33.9468609404035
Longitude:-77.9655342666201
Location description: The project is located at the NCDOT Southport Ferry Basin along the Cape Fear River in Southport,
Brunswick County.
Description of projects area and activity: The verification covers maintenance dredging of 5,401 cubic yards to a controlling
water depth of 10.2 feet centrally located around the Ferry slips.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number and/or Nationwide Permit Number: NW 35 and NW 16
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application dated 11/12/2019, supplemental information received 11/18/2019, and updated
permit drawing dated 11/18/2019, attached. Any violation of the attached conditions or deviation from your submitted plans
may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal
action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional
general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Brad Shaver at [phone] or Brad.E.Shavernu,usace.army.mil.
Digitally signed by
cc 5HAVER.BRAD.E.1276601756
Corps Regulatory Official: G Date: 2019.11.19 09:25:05 -05'00' Date: November 19, 2019
Expiration Date of Verification: March 18, 2022

SAW-2009-02060
A. Determination of Jurisdiction:
1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any
work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ® There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference
the approved jurisdictional determination issued . Action ID: SAW-
B. Basis For Jurisdictional Determination: N/A. An Approved JD has not been completed.
C. Remarks: See attached permit drawings and special conditions.
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://corpsmgpu.usace.g,M.mil/cm_apex/f?p=136:4:0.
Copy fumished(electronic):
NCDEO-DWR attn: Ms. Joanne Steenhuis

SAW-2009-02060
SPECIAL CONDITIONS
Southport Ferry Basin Slip Dredging
Brunswick County
Compliance With Plans
1. All work must be performed in strict compliance with the plans attached to the application signed
11/12/2019 (plans dated 11/18/2019), which are authorized by this permit. Any modification to the
authorized permit plans must be approved by the USACE prior to implementation.
Compliance With Special Conditions
2. Failure to institute and carry out the details of the following special conditions, below, will result in
a directive to cease all ongoing and permitted work within waters and/or wetlands associated with
the permitted project, or such other remedies and/or fines as the District Engineer or his authorized
representatives may seek.
Construction Plans
3. The permittee will ensure that the construction design plans for this project do not deviate from the
authorized permit plans. Any deviation in the construction design plans will be brought to the
attention of the Corps of Engineers, Wilmington Regulatory Field Office prior to any active
construction in waters or wetlands.
Contractor Compliance
4. 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, and any authorized modifications. A copy of this permit including the authorized
plans referenced in Special Condition (1) and authorized modifications, including all conditions,
shall be available at the project site during construction and maintenance of thus project.
Sedimentation And Erosion Control Measures
5. All spoil disposal areas must be adequately stabilized at the earliest practicable date to prevent
sediment from entering into adjacent waters or wetlands.
Spoil Disposal
6. The influent and effluent lines within the soil disposal area must be placed as far apart as possible to
allow for adequate settling before discharge of return water from the dredging project.
7. The spillway pipes must be elevated over the wetlands and positioned in such a manner not to create
escarpments in the wetlands or below the plane of ordinary high water.

Endangered Species
8. West Indian Manatee Protection: In order to protect the endangered West Indian manatee
(Trichechus manatus) the Permittee shall 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.
9. This project will utilize the South Atlantic Regional Biological Opinion for endangered species. A
conditions of this opinion is to utilize the Moratorium Dates for the Endangered Species in the
Project Area. Therefore, moratorium dates overlap for (Marine Turtles, Atlantic and Shortnose
Sturgeon, and Anadramous Fish Spawning Areas) which creates a final Moratorium Period for this
project from February 1 to November 15.
Digitally signed by
Date: 2019.11.19 09:25:33
-05,00,

Action ID Number: SAW-2009-02060 County: Brunswick County
Permittee: Brian Doliber
NCDOT - Ferry Division
Project Name: NCDOT / Southport Ferry / Maintenance Basin Dredging
Date Verification Issued: November 19, 2019
Project Manager: Brad Shaver
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Brad Shaver
69 Darlington Ave
Wilmington, NC 28403
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date