HomeMy WebLinkAbout2018-01111 CL-31 Letter Parkside WF INvestors Dock and DredgingDEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
May 28, 2020
Regulatory Division
Action ID No. SAW 2018-00111
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 by Parkside WF Investors, LLC to construct a 2-slip docking
facility and to excavate an open water basin. The docking facility will consist of a 291 feet by 6
feet fixed access pier, a 14 feet by 6 feet gazebo and a 48 feet by 8 feet floating dock. The
docking facility would cover 2,116 square feet of estuarine waters and the access pier would
cover 660 square feet of coastal wetlands at a minimum height of 3 feet above these wetlands.
The proposed dredging area encompasses an irregular area roughly 58 feet by 117 feet (5790
square feet) to a depth of -6 ft. @MLW, generating roughly 1,000 cubic yards of disposal
material. The dredging will be done by the "bucket to barge" method and the disposal material
would be hauled to the Agnes Bean Site, a private disposal area adjacent to USACE DA 248.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
The project is located adjacent to Greenville Sound and the AIWW at 230 Summer Rest
Road, Wilmington, New Hanover County, North Carolina.
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. A "Consent to Cross" the Army Corps of Engineers (USACE) easement across the Navigation
Channel in the AIWW must be obtained from the USACE Navigation Branch prior to the
commencement of project dredging.
3. 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.
4. Work in wetlands are prohibited during the dredging, material disposal, or any other aspects of
work associated with this project. All dredged material must be deposited on high ground.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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. _ og v/nc-
es/mammal/manatee_ guidelines.pdf.
10. 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 Division, telephone (910) 251-4707.
Sincerely,
CURREY.GREGORY. Di91WIYMg-dby
EUGENE.10510119 CURREY.GREGORY.EUGENE.10510
1950
50 Date: 2020.05.27 11:55:02-04'00'
Greg Currey, Project Manager
Wilmington Regulatory Field Office
Attachment:
Project Plans
Copy Furnished by email with attachment:
Mr. Paul Wojoski
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