20191234 Ver 1_Corps comments recommendations_20200122

Strickland, Bev
From: Mairs, Robb L
Sent: Wednesday, January 22, 2020 2:36 PM
To: Benson, Tyler G
Subject: Fw: [External] 116 Bridgers Ave/Yusko/Corps comments/recommendations
Attachments: CL 31_116 Bridgers Ave_Yusko_LETTERHEAD.PDF
From: Hair, Sarah E CIV CESAW CESAD (US) <[e-mail]>
Sent: Wednesday, January 22, 2020 2:21 PM
To: Howell, Jonathan; Bodnar, Gregg
Cc: Bowers, Todd; MacPherson, Tara; Haupt, Mac; Mairs, Robb L; pete benjamin; [e-mail]; pace
wilbur; fritz.rohde; Twyla Cheatwood
Subject: [External] 116 Bridgers Ave/Yusko/Corps comments/recommendations
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Please see attached Corps recommendations for the following project:
Corps Action ID: SAW-2019-02120
Project name: 116 Bridgers Ave/Yusko dredge
County: Pender
Thanks!
Liz Hair
Regulatory Project Manager
Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
[e-mail]
910-251-4049

T OF
STA7E5 OF
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
January 22, 2020
Action ID No. SAW-2019-02120/116 Bridgers Avenue/Yusko
Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Howell:
Reference the application of Mark Yusko, associated with new dredging activity around
an existing docking facility, located at 116 Bridgers Avenue, adjacent to Banks Channel and
Topsail Sound, in Topsail Beach, Pender County, North Carolina.
Specifically, the applicant proposes to dredge an area immediately surrounding the
docking facility, measuring 40 feet in length by 45 feet wide, by -3.5 feet deep, to a final depth
of -6 feet Mean Low Water (MLW) by bucket to barge method. Current water depths within the
project area range from -2 feet MLW to -6 feet MLW. Dredged material would be transported
by barge to a high ground site located at 1520 Carolina Boulevard in Topsail Beach.
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 modification to 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
strictly adhere to all requirements therein. The guidelines can be found at
httD-//www.fws.aov/nc-es/mammal/manatee auidelines.Ddf.
2. 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

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Office at [phone].
3. 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.
4.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.
5. 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.
6. 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 Resources at (919) 733-
5083, Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
7.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.
8. 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.
9.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.
10. The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and wetlands

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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).
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.
12. 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.
13. 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] or email at [e-mail].
Sincerely,
tally signed by
HAI R.SARAH.EA HDAIIR.SARAH EA.11054693512
.1054693512 05 00' 020.01.22 14:07:46
Liz Hair, Project Manager
Wilmington Regulatory Field Office

M
Electronic copy furnished:
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist -Water Protection Division
Mr. Gregg Bodnar/Ms. Tara MacPherson
North Carolina Department of Environmental Quality- Division of Coastal Management
Mr. Mac Haupt/Mr. Robb Mairs
North Carolina Department of Environmental Quality -Division of Water Resources
Mr. Pete Benjamin/Ms. Kathy Matthews
U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement
Dr. Pace Wilber/ Ms. Twyla Cheatwood
National Marine Fisheries Service -Habitat Conservation Division

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