HomeMy WebLinkAbout20041689 Ver 2_USACE Permit_20200304DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
March 19, 2020
Regulatory Division
Action ID No. SAW 2004-01221
Caisson's Creek HOA
Attn: Tom Dixon
PO Box 689
Ocean Isle Beach, North Carolina 28469
Dear Mr. Dixon:
Reference your application for a Department of the Army permit to reconstruct a pier with
a 10-slip community docking facility and a covered gazebo. The project site is adjacent to the
AIWW, near the community of Supply, Brunswick County, North Carolina at latitude and
longitude (N 33.916561 W-78.289002).
The applicant proposes to reconstruct and construct a private community docking facility
that will include a 1,118 feet long pier, a gazebo, a floating dock spine and nine (9) floating
finger docks, creating ten (10) boat slips. Project impacts will include 1,728 square feet of dock
space over coastal wetlands and open water of the man-made basin to the AIWW. The height of
the deck of the pier will be a minimum of three (3) feet above the coastal wetlands.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process, via Programmatic General Permit
291 (copy attached), for construction activities that receive authorization from the State of North
Carolina. Therefore, you may commence construction activity in strict accordance with the
applicable State authorization, attached Federal special conditions, PGP-291 conditions and the
approved plan. Failure to comply with the State authorization or conditions of the Federal permit
could result in civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified. Your Department of the Army permit will expire on December 31, 2021.
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Special Conditions
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. _og v/nc-
es/mammal/manatee guidelines.pdf.
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 Office at (910)
772-2191.
3. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit. The Permittee shall ensure that the construction
design plans for this project do not deviate from the permit plans attached to this authorization. Any
modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to
to any active construction in waters or wetlands.
4. Except as authorized by this permit or any Corps -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.
5. Approval of the structure is based on determinations that there would be no obstruction to
navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this
permit should not be construed, as relieving the permittee of taking proper steps to insure the
structure and moored boats will not be damaged by wave wash.
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
(800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances
Control Act will be followed.
7. 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.
8. 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.
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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
9. 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.
10. 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.
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.
Questions or comments may be addressed to Greg Currey, Wilmington Field Office,
Regulatory Branch, telephone 910-251-4707
Sincerely,
CURREY.GREGO Digitally signed by
CURREY.GREGORY.EUGENE
RY. E U G E N E.105 .1051011950
Date: 2020.03.19 15:45:03
1011950-04'00'
Greg Currey, Project Manager
Wilmington Regulatory Field Office
Enclosures:
Plans
CAMA permit
Manatee Guidelines
GP 291 conditions
Electronic Copies Furnished (with enclosures):
Southern Environmental Group, Inc.; Ms. Dana Lutheran
Electronic Copy Furnished (without enclosures):
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NOAA/NMFS; Mr. Fritz Rhode/Ms. Twyla Cheatwood
NOAA/NMFS; Dr. Pace Wilber
NCDEQ/DCM; Mr. Jonathan Howell
NCDEQ/DCM; Ms. Tara McPherson
NCDEQ/DWR; Mr. Robb Mairs
NCDEQ/DWR; Mr. Gregg Bodnar/Mr. Brendan Brock
NCDEQ/DWR; Mr. Mac Haupt
USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews
USEPA; Mr. Todd Allen Bowers
USCG; BOSN3 Ryan Taylor