20190554 Ver 2_USACE Cl-31_20200629

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
June 29, 2020
Regulatory Division
Action ID No. SAW 2019-00719
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 Preservation Point Partners, LLC to construct a 133 unit
subdivision, an open pavilion and amenity area, a boardwalk with an observation deck, a 98-slip
community marina on the Northeast Cape Fear River (NECFR) and two (2) kayak launch
structures (one on a UT of NECFR and one on a man-made canal connected to the NECFR). The
133 unit subdivision will be constructed on the "mainland" of the northern Wilmington area
adjacent to the NECFR. The amenity area will be constructed on a "spoil island" that occurs
more directly adjacent (closer to the river) to the NECFR. The marina and the two (2) kayak
launches will be anchored to this spoil island. The boardwalk will connect the "mainland" to the
"spoil island".
Wetland impacts associated with roads at the subdivision were previously permitted under
Nationwide Permit 14. Additional wetland impacts (0.10 acre) from these roads will also be
permitted under Nationwide Permit 14 for this expanded project.
The proposed boardwalk will be 1,627 feet long and 10 feet wide and will cover 16,320
square feet of wetlands and 60 square feet of open water. The fixed observation deck or gazebo
will be 15 feet by 15 feet.
Kayak Launch # 1 will be located on the north side of the spoil island and will encroach 14
feet into an unnamed tributary of the NECFR. It will consist of a 231 feet long by 6 feet wide
fixed pier, and 18 feet by 8 feet fixed platform and two (2) 8 feet by 3 feet floating docks. This
facility will cover 1,386 square feet of wetlands and 192 square feet of open water of the
unnamed tributary.
Kayak Launch #2 will be located on the southeast side of the spoil island and will encroach 8
feet into a man-made canal. It will consist of a 216 feet long by 6 feet wide fixed access pier, an

18 feet by 6 feet fixed platform and two (2) 8 feet by 3 feet floating docks. This facility will
cover 1,296 square feet of wetlands and 134 square feet of open water of the man-made canal.
The boardwalk, the marina and the two (2) kayak launches will be permitted under
Programmatic General Permit 291.
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. Atlantic and Shortnose Sturgeon: In order to protect these anadromous fish, no work
associated with the construction of the marina will be permitted between the dates of February
1 st and June 30th of any year without the prior approval of the Corps.
3. Pile driving work for construction of the marina must only be accomplished by the "vibratory
hammer" or the "jetting" methods. If the "jetting" method is utilized, installation of a turbidity
curtain is required.
4. 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 [phone].
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 [phone],
Ext. 526 or [phone] 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. 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. 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.pd£
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.
Questions or comments may be addressed to Greg Currey, Wilmington Field Office,
Regulatory Division, telephone [phone] or by email at gregory.e.currey@usace,army,mil.
Sincerely,
CU RREY.G REG Digitally signed by
CURREY.GREGORY.EU
ORY.EUGENE. GENE.1051011950
1051011950 Date:2020.06.29
10:30:12-04'00'
Greg Currey, Project Manager
Wilmington Regulatory Field Office

Attachment: Project Drawings
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. Curt Weychert
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