HomeMy WebLinkAbout20200057 Ver 1_USACE Correspondence_20200211DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
February 11, 2020
Regulatory Division
Action ID No. SAW-2017-02285/Atlantic Harbor Shallow Draft dredge project/Carteret County
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 Carteret County to perform maintenance excavation of the
federal project Atlantic Harbor of Refuge, dispose of material on White Point, and construct a
marsh sill around the shore of White Point, in Atlantic, Carteret County, North Carolina.
Coordinates in Decimal Degrees are: 34.885286 N,-76.332013 W.
Specifically, the project consists of conducting maintenance dredging within the entrance
channel and inner harbor of Atlantic Harbor of Refuge, via bucket to barge method, place spoil
material on White Point, located immediately adjacent to the federal project, and construct a
1,735 linear foot granite rock sill and six 25 linear foot engineered wave attenuators, for a total
length of 1,885 linear feet along the White Point Shoreline. The proposed cut in the access
channel would be 1,900' long and 40' wide. Water depth in this area would increase from -3'
MLLW to -6' MLLW. A total of 10,750 cubic yards of material would be excavated from the
access channel. The proposed cut in the basin would be 700' long and 190' Wide. Water depth
in this area would increase from -4.5' MLLW to -5' MLLW. A total of 2,500 cubic yards would
be excavated from the basin. Connecting water depths range from -6' to -8' at Normal Low
Water. The excavated material would be placed on White Point directly adjacent to the access
channel.
Dredged material will not be used for backfill associated with the marsh sill and will be
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wholly contained within the White Point disposal area. Additionally, dredged material will not be
placed landward of the Corps Easement line as defined on revised plans dated January 2020
(plan sheet 2 of 11).
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
http://www.fws.gov/nc-es/mammal/manatee guidelines.pdf.
2. In order to protect juvenile finfish resources and seasonal migrations of fish and
protected species (i.e. sturgeon and sea turtles), no excavation or filling activities will be
permitted between the dates of April 1 and November 15 of any year without the prior
approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of
Engineers. Dredging will be restricted to daylight hours.
3. Turbidity curtains will be used during dredging. Turbidity curtains will be made of
material in which listed species cannot become entangled (i.e. reinforced impermeable
polycarbonate vinyl fabric (PVC)), and shall be monitored to ensure listed species are not
entangled or trapped in the action area. Turbidity curtains will be removed promptly when the
work is complete and the water quality in the action area has returned to background
conditions.
4. 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 (910) 772-2191.
5. 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.
6. 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.
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7. 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.
8. 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 (800) 662-7956 and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
9. 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.
10. 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.
11. 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.
12. 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).
13. 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
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waters, are not considered significant.
14. 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.
15. 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 (910) 251-4049 or email at sarah.e.hair@usace.army.mil.
Sincerely,
HAIR.SARAH.EDigitally signed y
HAIR.SARAH.EA.1054693512
05 00' 020.02.11 12:56:58
A.1054693512
Liz Hair, Project Manager
Wilmington Regulatory Field Office
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. Paul Wojoski/Mr. Robb Mairs
North Carolina Department of Environmental Quality -Division of Water Resources
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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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