20191111 Ver 2_USACE Permit Mod_20200317

From:
Pelletier, Josh R CIV CESAW CESAD (USA)
To:
Bodnar, Greaa
Cc:
Howell, Jonathan; Scarbraugh, Anthony
Subject:
RE: [External] Whitaker Point
Date:
Tuesday, March 17, 2020 4:33:44 PM
Attachments:
Modified CL 31-Whitaker Point.Ddf
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to reoort.spam(@nc.gov
G regg,
Please see the amended CL 31 for Whitaker Point, and the Town of Oriental. Take note of a couple
added conditions related to ESA. Thanks and let me know if you have any questions!
Josh
From: Bodnar, Gregg <[e-mail]>
Sent: Tuesday, March 17, 2020 4:06 PM
To: Pelletier, Josh R CIV CESAW CESAD (USA) <[e-mail]>
Cc: Howell, Jonathan <[e-mail]>
Subject: [Non-DoD Source] RE: [External] Whitaker Point
Actually I was waiting on you.
Gregg
From: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pelletier(@usace.army.mil>
Sent: Tuesday, March 17, 2020 2:53 PM
To: Bodnar, Gregg <[e-mail]>
Subject: RE: [External] Whitaker Point
M6�Leport.sparnCcDnc.gov
rnal email. Do not click links or open attachments unless you verify. Send all suspicious email as an
OK, we will likely mirror that. Any idea when you will issue your modification?
From: Bodnar, Gregg <gregg.bodnar(@ncdenr.gov>
Sent: Tuesday, March 17, 2020 2:48 PM
To: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pelletier(@usace.army.mil>
Subject: [Non-DoD Source] RE: [External] Whitaker Point
DMF said April 1 to Sept 30. WRC has not responded.
Gregg
From: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pelletier(@usace.army.mil>

Sent: Tuesday, March 17, 2020 2:40 PM
To: Bodnar, Gregg <[e-mail]>
Subject: [External] Whitaker Point
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]
Gregg,
On the Whitaker Point modification, did NCWRC or NCDMF request a April 1 to September
dredge moratorium in the creek? I want to make sure our dates are consistent because that's that
NMFS is recommending....
Josh Pelletier
Project Manager
US Army Corps of Engineers
Washington Regulatory Field Office
2407 W. 5th Street
Washington, North Carolina 27889
Phone: [phone]
Email: josh.r.pelletier(@usace.arm)I.mil
We would appreciate your feedback on how we are performing our duties. Our automated
Customer Service Survey is located at:
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Thank you for taking the time to visit this site and complete the survey.

Regulatory Division
SAW-2019-00191
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of the Town of Oriental and Mr. Andrew Wallace to construct a rip
rap sill on 1,592ft of shoreline ( 12ft-18ft wide base width) and repair 802ft of existing rip rap
(12ft-18ft wide base width), stabilize 676ft of shoreline with oyster bags ( 4ft base width) with 1,
100ft of oyster clutch ( Ift base width) water ward of the oyster bags, construct a 25ft long by 18ft
wide jetty and slope some of the high ground and fill with a clean sand material to restore 19,769
sqft of coastal wetlands and 11,878 sqft of high ground, and also perform maintenance dredging
of a previously authorized channel in Whitaker Creek measuring 3,163ft long x 104ft wide x -8ft
below NWL. All spoil will be placed in a previously approved spoil disposal location, adjacent to
Whitaker Creek, in Oriental, Pamlico 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:
In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
Permittee 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 https://www.fws.gov/nc-
es/mammal/manatee_guidelines.pdf.
2. In order to avoid impacts to aquatic environment and its critical habitat, no in water work will
be conducted from April lstto September 301h without prior approval from USACE.
3. The Permittee shall follow NMFS's Sea Turtle and Smalltooth Sawfish Construction Conditions
to further reduce interaction risk and require all construction workers to watch for sturgeon and
sea turtles. Operation of any mechanical construction equipment will cease immediately if a
protected species is seen within a 50-foot radius of the equipment. Activities will not resume
until the protected species has departed the project area of its own volition.
4. 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 U.S. Army 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, relocation, or

alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data
Unit 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.
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.
6. 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.
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. The authorized structure and associated activity must not interfere with the public's right to free
navigation on all navigable waters of the United States. 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 for reason other than safety.
9. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work
authorized by this permit and again upon completion of the work authorized by this permit.
10. 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.
11. 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.
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 I I3A 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 waters, are not considered significant.
Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
Josh Pelletier
Regulatory Project Manager
Copies Furnished:
Mrs. Jennifer Burdette
North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mrs. Twyla Cheatwood
National Marine Fisheries Service
Habitat Conservation Service
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Jeffrey Garnett
Wetlands and Marine Regulatory Section
Water Protection Division -Region IV
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303