20191032 Ver 2_USACE Permit_20201028

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

October 27, 2020

Regulatory Division

Action ID No. SAW-2020-01137/Old Ferry Channel/Deer Creek/Carteret County

Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421

Dear Mr. Howell:

Reference the application of Carteret County to perform maintenance excavation of the
Old Ferry Channel ( 6,750 linear foot access channel) and waters of the Deer Creek system (
12,200 linear foot access channel and residential canal), near Cape Carteret and Emerald Isle,
in Carteret County, North Carolina.
Specifically, the project consists of conducting maintenance dredging within Old Ferry
Channel and Deer Creek, via bucket to barge method, placing material in a hopper barge to
the designated offloading site. Spoil material will be placed on high ground sites within
proximity of Deer Creek. The proposed cut in the Old Ferry access channel would be 6,150’
long and 50' wide with inaugural sections of Cape Carteret and Emerald Isle at 30’ wide
totaling approximately 600’ in length. Average water depths in the Old Ferry Channel are -4’
MLW and would increase to -6’ MLW+1’. Proposed dredging of the Deer Creek access
channel would be 6,200 linear feet with a 50’ width for 4,000 ft and varying widths for a 2,200-
foot section. Average water depths in the access channel of Deer Creek are -3’ MLW with final
proposed dredge depth of -5’ MLW +1. Proposed dredging of the Deer Creek residential canal
would total 6, 000 linear feet, with a 30’ width for 500 ft and the remaining 5,500 linear feet at a
20’ width. Average water depths within the Deer Creek residential canal area are -2’ MLW and
would increase to -5’ MLW +1 and -4’ MLW +0.5’ depending on location. A total of 38,733
cubic yards is proposed to be excavated from the channels. Connecting water depths range
from -4' to -8' at Mean Low Water, depending on location. The excavated material would be
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placed on high ground at five sites, 916 WB McLean Drive, 312, 314, and 324 Live Oak Drive,
and 307 Bayshore Drive. Additionally, prior to dredging, the applicant proposes to relocate
oysters identified within the project area in coordination with the North Carolina Division of
Marine Fisheries.
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 modification to the State authorization:

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.gov/nc-es/mammal/manatee_guidelines.pdf.

2. In order to protect juvenile finfish resources and seasonal migrations of fish and
protected species (i.e. sturgeon and sea turtles), no excavation will be permitted between the
dates of April 1 and November 15 of any year without the prior approval of the North Carolina
Division of Coastal Management and the U.S. Army Corps of Engineers. Dredging will be
restricted to daylight hours.

3. The permittee shall ensure that construction activities do not result in shoaling of
dredged material within the federal channel (Atlantic Intracoastal Waterway at the Old Ferry
Channel crossing). Material shall not be pushed into the federal channel.

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. 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.

6. Except as specified in the plans attached 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, in such a manner as to impair normal flows and circulation
patterns within waters or wetlands or to reduce the reach of waters or wetlands.

7. Except as authorized by this permit or any USACE 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
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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.

8. 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 [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.

9. Unless otherwise authorized by this 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. Metal products, organic materials (including debris from
land clearing activities), or unsightly debris will not be used.

10. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.

11. 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.

12. 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).

13. 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.

14. The permittee, upon receipt of a notice of revocation of this permit or upon its
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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.

15. 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 Ms. Liz Hair Wilmington Field Office,
Regulatory Division, telephone [phone] or email at [e-mail].

Sincerely,

Liz Hair, Project Manager
Wilmington Regulatory Field Office

Electronic copy furnished:

Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist-Water Protection Division

Mr. Gregg Bodnar/Ms. Tara MacPherson
North Carolina Department of Environmental Quality- Division of Coastal Management

Mr. Paul Wojoski/Ms. Holley Snider
North Carolina Department of Environmental Quality-Division of Water Resources

Mr. Pete Benjamin/Ms. Kathy Matthews
U.S. Fish and Wildlife Service-Fish and Wildlife Enhancement

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Dr. Pace Wilber/ Ms. Twyla Cheatwood
National Marine Fisheries Service-Habitat Conservation Division
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