20200240 Ver 2_USACE Permit Edited_20200423

Strickland, Bev
From: Mairs, Robb L
Sent: Thursday, April 23, 2020 11:10 AM
To: Benson, Tyler G
Subject: FW: [External] SAW 2005-00435 Queens Point, LLC Access Channel Dredging
Attachments: 2005-435 Mickey Edits CL-32 Letter Queens Point Access Channel Dredging.pdf;
PGP291-2016-12-23.pdf, ManateeGuidelines2017.pdf
Please file.
Ty
-----Original Message -----
From: Currey, Gregory E CIV USARMY CELRP (USA) [mailto:[e-mail]]
Sent: Thursday, April 23, 2020 10:32 AM
To: [e-mail]
Cc: Dortch, Andy <[e-mail]>; fritz.rohde <[e-mail]>; Twyla
Cheatwood <[e-mail]>; [e-mail]; Howell, Jonathan
<[e-mail]>; MacPherson, Tara <[e-mail]>; Mairs,
Robb L <[e-mail]>; Bodnar, Gregg <[e-mail]>; Haupt, Mac
<[e-mail]>; Pete_Benjamin @fws.gov; [e-mail]; Bowers,
Todd <[e-mail]>; [e-mail]
Subject: [External] SAW 2005-00435 Queens Point, LLC Access Channel Dredging
CAUTION: External email. Do not click links or open attachments unless you verify. Send all
suspicious email as an attachment to [e-mail]<mai Ito: [e-mail]>
Mr. Miller, attached are your authorization letter, the RGP-291 Permit and Manatee
Protection Guidelines for the above project. Let me know if you have any questions.
G reg
Greg Currey
Project Manager
USACE, Wilmington
69 Darlington Ave.
Wilmington, NC 28403
PH 910-251-4707
1

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
April 23, 2020
Regulatory Division
Action ID No. SAW 2005-00435
Queens Point, LLC
Attn: Kenneth Miller
300 Green Street N. #1750
Greensboro, NC 27401
Dear Mr. Miller:
Please reference your January 7, 2020 application for a Department of the Army permit to
perform dredging of an existing access channel to the AIWW located at 2541 Middle Sound
Loop Road, Wilmington, New Hanover County, North Carolina.
The proposal is 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 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.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process, via Regional 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
applicable State authorization, below Special Conditions, attached RGP-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.

-2-
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 is 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

-3-
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
http://www.fws.gov/ne-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 Gr�ry.e.currey&usace.army.mil.
Questions or comments may be addressed to me at Wilmington Field Office, Regulatory
Branch, telephone [phone] or Gr�ry.e.currey&usace.army.mil.
Sincerely,
CURREY.GREG Digitally signed by
CURREY.GREGORY.EU
ORY.EUGENE. GENE.1051011950
1051011950 Date:2020.04.23
10:11:50-04'00'
Greg Currey, Project Manager
Wilmington Regulatory Field Office

-4-
Enclosures:
CAMA permit
Manatee Guidelines
GP 291 conditions
Electronic Copies furnished (with enclosures):
Queens Point LLC; Kenneth Miller
Land Management Group; Andy Dortch
Electronic Copy Furnished (without enclosures):
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
NCDEQ/DWR; Mr. Mac Haupt
USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews
USEPA; Mr. Todd Allen Bowers
USCG; BOSN3 Ryan Taylor

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally -listed
endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C.
1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 et seq.). The
manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article
25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead
Federal agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been
recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly
found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and
inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly
submerged, making them difficult to detect even in shallow water. While the manatee's principal
stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary
measures for general construction activities in waters used by the species. Implementation of these
measures will allow in -water projects which do not require blasting to proceed without adverse impacts to
manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment
or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental
document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review
of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act.
These measures include:
1 The project manager and/or contractor will inform all personnel associated with the project that
manatees may be present in the project area, and the need to avoid any harm to these endangered
mammals. The project manager will ensure that all construction personnel know the general appearance
of the species and their habit of moving about completely or partially submerged in shallow water. All
construction personnel will be informed that they are responsible for observing water -related activities for
the presence of manatees.
2. The project manager and/or the contractor will advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing manatees which are protected under the Marine
Mammal Protection Act and the Endangered Species Act.

3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel
movement, all appropriate precautions will be implemented to ensure protection of the manatee. These
precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet
of the operational area of the equipment. Activities will not resume until the manatee has departed the
project area on its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made
to the U.S. Fish and Wildlife Service (ph. 919-856-4520), the National Marine Fisheries Service (ph. 252-
728-8762), and the North Carolina Wildlife Resources Commission (ph. 252-448-1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel
operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmer months,
primarily from June through October. Idle speed is required if operating this vessel in shallow
water during these months. All equipment must be shut down if a manatee comes within 50 feet
of the vessel or operating equipment. A collision with and/or injury to the manatee must be
reported immediately to the U.S. Fish and Wildlife Service (919-856-4520), the National Marine
Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252-
448-1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during
project activities. Upon completion of the action, the project manager will prepare a report which
summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field
Office.
7. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times
while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All
vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in
which manatees cannot become entangled; (b) secured in a manner that they cannot break free and
entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled.
Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat.
Prepared by (rev. 02/2017):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520
2

Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and
muddy waters of coastal North Carolina, one normally sees only a small part of the head when the
manatee raises its nose to breathe.
, 73
Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-
evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North
Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.
3

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.gM.mil/Missions/Re ug latooPermitPro rg am.aspx
General Permit No. 198000291
Name of Permittee: General Public
Effective Date: January 01, 2017
Expiration Date: December 31, 2021
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to do work in or affecting navigable waters of the United States and waters of
the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the
Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act
(33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL
COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA
IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR
A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY
CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL
AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER
REGIONAL GENERAL PERMIT.
Operating Procedures
a. Applications for joint state and federal authorization under this programmatic general
permit will be accepted through the North Carolina Division of Coastal Management (NCDCM).
Receipt of a complete application by the NCDCM will initiate the State's field review that will
include a site visit and preparation of a Field Investigation Report and a state Bio-Report. The
NCDCM will forward a copy of the complete application, its Field Investigation Report and its
Bio-Report, to the appropriate Corps of Engineers field office, thereby initiating federal review of

the project. The Corps, upon receipt of an application, will immediately assign an action
identification number, acknowledge receipt thereof, and examine the application to assure that it
can be processed pursuant to this programmatic general permit. The applicant and the NCDCM
will be furnished written notification of the Corps' determination. Notification to the applicant
will include a brief description of the administrative process.
b. For those proposals that may result in a discharge into waters of the United States,
including wetlands, the North Carolina Division of Water Resources (NCDWR) and the
applicant will be informed regarding the applicant's need to obtain a Water Quality Certification
in accordance with section 401 of the Clean Water Act.
c. If, at any time, the Corps determines that a proposed activity is eligible for
authorization under another regional general permit (RGP) or a nationwide permit (NWP), this
procedure may be terminated and the activity authorized pursuant to the terms and conditions of
the appropriate RGP or NWP.
d. The permit review process conducted by the NCDCM is a public process involving
publication of public notices in local newspapers, public hearings, and various public appeal
procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed
necessary for compliance with appropriate laws, regulation and guidance.
e. This general permit does not, in any way, alter established procedures or
responsibilities, as required by federal laws, memoranda of agreements (MOA's) or
administrative regulations, with respect to the Corps' coordination with appropriate review
agencies. The applicant will continue to have the opportunity to rebut any objections to a
proposal.
f. The Corps will provide copies of the application and plans, the NCDCM's Field
Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS),
the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency
(EPA), and any other federal agency that the Corps determines to be a necessary review agency
(collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies'
review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to
provide the Corps with their comments and recommendations, including any proposed permit
special conditions and recommendations of denial. The Corps may grant extensions of time for
Federal Agency review if justified by unusual circumstances. If an extension is granted that
would substantially delay an NCDCM decision, the application may be removed from this
general permit process.
g. The Corps will receive and review all Federal Agency comments as well as any
applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will
prepare a coordinated federal position incorporating all Federal Agency comments, including
proposed permit special conditions and any recommendations for denial. The Corps will
0

typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of
the complete application, and copies of the Field Investigation Report and Bio-Report.
h. If the Corps does not concur with a Federal Agency's comments or recommendations,
the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to
resolve the issue may include initiating the referral procedures outlined by current memoranda of
agreement (MOA's) between the Department of the Army and the agency. No coordinated
federal position will be furnished to the NCDCM until and unless the Corps receives written
agreement from the Federal Agency that all issues have been resolved to the satisfaction of that
agency.
i. If any of the recommendations and/or conditions included in the coordinated federal
position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10)
days of receipt of the coordinated federal position and attempt to resolve the conflict. If
resolution of the conflict involves changes to the conditions or recommendations provided by the
Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is
resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit
will be issued and the authority of this general permit will apply.
j. If a Federal Agency conflict is not resolved within the time necessary for a decision by
the NCDCM, the NCDCM may proceed, independently, to conclude the state action without
inclusion of the federal position. In such case, the applicant and the NCDCM will be notified
immediately, in writing, that the state permit does not satisfy the federal permit requirements and
that the proposal in question may not proceed without federal authorization.
k. If the coordinated federal position is not in conflict with state agencies' positions, law,
regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the
NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of
the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section
401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not
confirm the authorization of a proposed project under this General Permit until the issuance of
the NCDCM permit and, if required, the Section 401 Water Quality Certification.
1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the
applicant will be informed that federal authorization is denied without prejudice.
in. No work may proceed under this general permit until the Wilmington District
Engineer or his representative provides written verification that the procedures and conditions of
the general permit have been satisfied.
n. The NCDCM and the Corps will monitor all permitted work and periodically inspect
projects for compliance with permit conditions and applicable state and federal regulations. If
any violation of the NCDCM permit is discovered which would also constitute a violation of the

federal position, both the NCDCM and the Corps, in accordance with their respective regulations
and policies, may take enforcement action.
o. This general permit will not be used to authorize an activity when the Wilmington
District Engineer determines that the proposed activity would significantly affect the quality of
the human environment and therefore require preparation of an Environmental Impact Statement
(EIS).
General Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways will be
constructed in accordance with the latest setback criteria established by the Wilmington District
Engineer. You may review the setback policy at
hqp://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aWx. This general permit does
not authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The permittee must
obtain approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Except as authorized by this general permit or any Corps approved modification to this
general 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.
c. Authorization under this general permit does not obviate the need to obtain other
federal, state, or local authorizations.
d. All work authorized by this general permit must comply with the terms and conditions
of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit
issued by the North Carolina Division of Water Resources.
e. 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).
f. The activities authorized by this general permit 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
2

the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for a reason other than safety.
g. 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/her 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 Corps , 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 or alteration.
h. The permittee, upon receipt of a notice of revocation of the permit for the verified
individual activity, may apply for an individual permit, or will, without expense to the United
States and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the United States to its former conditions.
i. This General Permit does not authorize any activity that would conflict with a federal
project's congressionally authorized purposes, established limitations or restrictions, or limit an
agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of the
Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to
take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move,
injure, or obstruct a federally constructed work or project, including, but not limited to, levees,
dams, jettys, navigation channels, borrow areas, dredged material disposal sites, flood control
projects, etc., shall be permitted unless the project has been reviewed and approved by the
appropriate Corps approval authority.
j. The permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging or other work within the
right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: SAWWeb-NAW usace.a!M.mil.
k. The permittee will allow the Wilmington District Engineer or his/her representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
1. This general permit does not grant any property rights or exclusive privileges.
in. This general permit does not authorize any injury to the property or rights of others.
E

n. This general permit does not authorize the interference with any existing or proposed
federal project.
o. In issuing this general permit, the Federal Government does not assume any liability
for the following:
(1) Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this general permit.
(4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this general permit.
p. Authorization provided by this general permit may be modified, suspended or revoked
in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army,
determines that such action would be in the best public interest. The term of this general permit
shall be five (5) years unless subject to modification, suspension or revocation. Any
modification, suspension or revocation of this authorization will not be the basis for any claim
for damages against the United States Government.
q. No activity may occur in a component of the National Wild and Scenic Rivers System,
or in a river officially designated by Congress as a "study river" for possible inclusion in the
system while the river is in an official study status, unless the appropriate Federal agency with
direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic designation or study status. Information on
Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency
responsible for the designated Wild and Scenic River or "study river" (e.g., National Park
Service, U.S. Forest Service, etc.)
r. This general permit does not authorize any activity within, or directly affecting, a
marine sanctuary established by the Secretary of Commerce under authority of Section 302 of the
Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the
Corps with a certification from the Secretary of Commerce that the proposed activity is
consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act.
Information on marine sanctuaries may be obtained at hgp:Hsanctuaries.noaa.gov/#MN.
2

Permittees may not begin work until they provide the Corps with a written certification from the
Department of Commerce.
s. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and its
codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the
Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation
Act, the activity is not authorized, until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by
the Corps that the requirements of the NHPA have been satisfied and that the activity is
authorized.
t. If you discover any previously unknown historic, cultural or archeological remains and
artifacts while accomplishing the activity authorized by this general permit, you must
immediately notify the Wilmington District Engineer of what you have found, and to the
maximum extent practicable, avoid construction activities that may affect the remains and
artifacts until the required coordination has been completed. The Wilmington District Engineer
will initiate the Federal, tribal and state coordination required to determine if the items or
remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
u. No activity is authorized under this general permit which is likely to directly or
indirectly jeopardize the continued existence of a threatened or endangered species or a species
proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or
which will directly or indirectly destroy or adversely modify the critical habitat of such species.
No activity is authorized under any NWP which "may affect" a listed species or critical habitat,
unless Section 7 consultation addressing the effects of the proposed activity has been completed.
Information on threatened and endangered species and their critical habitat can be obtained
directly from the Corps field offices, the USFWS field offices or at the following web addresses:
hqp://www.fws.gov/ orhqp://www.fws.gov/ipac/orhqp://www.noaa.gov/fisheries.html.
Permittees may not begin work until notified by the Corps that the requirements of the
Endangered Species Act have been satisfied and that the activity is authorized.
v. If the permittee discovers or observes any live, damaged, injured or dead individual of
an endangered or threatened species during construction, the permittee shall immediately notify
the Wilmington District Engineer so that required coordination can be initiated with the U.S.
Fish and Wildlife Service and/or National Marine Fisheries Service.
w. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This general permit does
not authorize any activity prohibited by the National Flood Insurance Program.
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x. The permittee must install and maintain, at his/her 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 Coast Guard Sector North
Carolina at [phone] or email Coast Guard Fifth District at cd5waterwa(a�uscg.mil.
y. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be
installed and maintained by and at the expense of the permittee.
z. It is possible that an authorized structure may be damaged by wavewash from passing
vessels. The issuance of this general permit does not relieve the permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats. The
permittee will not hold the United States liable for any such damage.
aa. Structures and their attendant utilities, authorized by this general permit, located on
lands subject to an easement in favor of the United States for the operation, maintenance,
improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed
at the expense of the permittee, in the event that, in the judgment of the Corps acting on behalf
of the United States, the lands are needed at any time for any purpose within the scope of the
easement. Permanent buildings will not be constructed within the easement.
bb. The permittee must maintain any structure or work authorized by this general permit
in good condition and in conformance with the terms and conditions of this general permit. The
Permittee is not relieved of this requirement if the Permittee abandons the structure or work.
Transfer in fee simple of the work authorized by this general permit will automatically transfer
this general permit to the property's new owner, with all of the rights and responsibilities
enumerated herein. The permittee must inform any subsequent owner of all activities undertaken
under the authority of this general permit and provide the subsequent owner with a copy of the
terms and conditions of this general permit.
cc. At his/her sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this general permit will not be applicable to a specific
proposal. In such case, the procedures for processing an individual permit in accordance with 33
CFR 325 will be available.
dd. Except as authorized by this general permit or any Corps approved modification to
this general 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.
ee. Except as authorized by this general permit or any Corps approved modification to
this general permit, all excavated material will be disposed of in approved upland disposal areas.
ff. Activities which have commenced (i.e., are under construction) or are under contract
M.

to commence in reliance upon this general permit will remain authorized provided the activity is
completed within twelve months of the date of the general permit's expiration, modification, or
revocation. Activities completed under the authorization of this general permit that were in
effect at the time the activity was completed continue to be authorized by the general permit
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
FOR THE COMMANDER:
S-044
cott McLendon
Chief, Regulatory Division
Wilmington District
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