20050240 Ver 2_USACE Comments_20200421

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
April 21, 2020
Regulatory Division
Action ID No. SAW 2005-00435
Mr. Jonathan Howell
North Carolina Department of
Environmental Quality
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Howell:
Reference the application that proposes to dredge an access channel at 2451 Middle Sound
Loop Road near Wilmington, New Hanover County, North Carolina (N 34.249124
W-77.786279).
The applicant proposes to dredge a 952 feet by 30 feet wide access channel to a depth of
-4.0 ft.@ MLW, of which 750 linear feet was previously dredged, from the AIWW extending to
a 60 feet long by 160 feet wide boat basin at the existing private docking facility (also to be
dredged to a depth of -4.0 MLW). The proposed maintenance dredging would extend
approximately 202 linear feet beyond the original dredge footprint within Outstanding Resource
Waters (ORW) adjacent to the AIWW. Dredging would occur by a "bucket to barge" excavator.
The proposed box cut from this dredging would result in approximately 38,160 sq. ft. of shallow
bottom excavation. No wetlands are indicated within the limits of the proposed dredging.
Approximately 2200 cubic yards of dredged spoil material will be deposited on an upland spoil
disposal island (DA 228), which is located outside the ACOE Placement Areas and owned by the
Northeast New Hanover Conservancy Spoil Island. The applicant has obtained written
authorization from the owner of the spoil disposal island for this placement.
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:

SPECIAL CONDITIONS
1. 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.
2. Except as authorized by this permit or any USACE approved modification to this
permit, no dredge, fill, or mechanized land -clearing activities shall take place at any time
in the construction or maintenance of this project within waters outside the designated
permitted boundary. This permit does not authorize temporary placement or double
handling of excavated or fill material within waters outside the permitted area.
3. Work in wetlands are prohibited during the dredging, use of the disposal island or any
other aspect of work associated with this project.
4. 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.
No activity may cause a hazard to navigation.
5. An "As -Built" survey of the dredged channel must be submitted within thirty (30) days
of project completion.
6. Permittee shall provide a construction schedule to the USACE office (2) weeks in
advance of starting work
7. 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 [phone], Ext. 526 or [phone] and provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act will be followed.
8. 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.
9. 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.
10. The activity must 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.
11. 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
hqp://www.fws.gov/nc-es/mammal/manatee guidelines.pdf.
12. 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.
13. All required notifications and submittals for the above Special Conditions must be
provided to Mr. Greg Currey, USACE Wilmington Regulatory Field Office at 69
Darlington Avenue, Wilmington, NC 28403 or at Gregory.e.curreygusace.army.mil.
Questions or comments may be addressed to Greg Currey, Wilmington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
CURREY.GREGO Digitally signed by
CU RREY.GREGORY.EUG EN E.
RY. E U G E N E.10 51 1051011950
Date: 2020.04.21 14:53:34
011950-04'00'
Greg Currey, Project Manager
Wilmington Regulatory Field Office
Attachment:
Plans dated October 2, 2019 and Revised December 11, 2019

Copy Furnished by email with attachment:
Mr. Mac Haupt
Division of Water Resources
North Carolina Department of Environmental Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Ms. Tara MacPherson
Mr. Gregg Bodnar
North Carolina Department of
Environmental Quality
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr.Fritz Rohde
Ms.Twyla Cheatwood
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Dr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
Mr. Robb Mairs
Division of Water Resources
North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405