20081843 Ver 2_USACE Correspondence_20100802

Regulatory Division
REFLX TO
ATTENTION OF:
July 29, 2010
Action ID No. SAW-2008-03308
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
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WETLANDS ANO STORMIyAYER BRANCH
Reference the application of N.C. Department of Parks & Recreation for a Department of the
Army permit to expand existing manmade oyster sills, plant coastal wetlands, and stabilize bluff
with marl on Jones Island, Onslow County, North Carolina.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
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:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the U.S. Army Corps of Engineers (USACE) prior to implementation.
2. 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 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 U.S. Army Corps of Engineers, 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,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit NCS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-3282
at least two weeks prior to beginning work and upon completion of work.
3. 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
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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.
4. 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 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.
5. 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.
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 Quality at [phone],
Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
7. The authorized structure and associated activity 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
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.
8. 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].
9. 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.
10. Approval of the structure was based on determinations that there would be no
obstruction to navigation. Under conditions existing in the Atlantic Intracoastal Waterway
(AIWW), a possibility exists that the structure may be damaged by wave wash from passing
vessels. Unreasonable slowing down of vessel traffic cannot be required because it would tend to
nullify the navigational benefits on which the AIWW was justified. 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 normally to be expected in the AIWW.
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11. The permittee shall advise the Corps in writing at least two weeks prior to beginning
the work authorized by this permit and again upon completion of the work authorized by this
permit.
12. 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.
13. 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).
14. 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.
15. 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.
16. 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.
Rock Sill
17. The Permittee shall submit a revised marsh creation plan, prior to construction, for
approval by the Corps. Construction of the project shall not commence prior to Corps approval of
the marsh creation plan.
18. The Permittee shall maintain the project area in its natural condition, as altered by the
implementation of the marsh creation plan, in perpetuity. Prohibited activities within the
mitigation area specifically include, but are not limited to, the construction or placement of
buildings, signs, or any other structures; the discharge of dredged or fill material, or any debris,
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waste or garbage; excavation; grading; dredging; leveling or any other earth moving activity;
cutting, removal or damage of any vegetation; any activity which would impact the drainage or
water quality on the site; except as required by the implementation of the marsh creation plan.
19. The Permittee shall submit an "As-Built" Report to the U.S. Army Corps on
Engineers within 30 days of completing the project.
20. The Permittee shall continue compliance monitoring for five (5) full years from the
date of implementation or until the success criteria have been met, whichever is later.
21. The Permittee shall collect vegetation data by the Braun-Blanquet Method to estimate
frequency and percent cover.
22. The Permittee shall provide monitoring reports to the Corps of Engineers for review
by December 31 of each monitoring year.
23. If monitoring indicates that all or portions of the project are failing to meet one or
more of the required success criteria, the monitoring report must provide a remedial action plan
to address the deficiency. The remedial action plan, at a minimum, must describe the failure, the
source or reason for the failure, a concise description of the corrective measures that are
proposed, and a time frame for the implementation of the corrective measures.
24. If the initial planting effort fails and the project area must be replanted, the vegetative
monitoring timeframe is reset to year one.
25. At the end of the 5th year of monitoring, the Permittee shall notify the U.S. Army
Corps of Engineers in writing If it is determined that the project is failing, the Permittee shall be
given the opportunity to express his/her intentions in writing regarding the future of the project.
Should the Permittee no longer wish to maintain the project pursuant to the marsh creation plan,
at the Permittee's expense, all construction materials and backfill shall be removed for placement
within an approved upland disposal area. Pre-project elevations and contours shall be restored to
the effected area(s).
26. The Permittee will maintain the authorized work in good condition and in
conformance with the terms and conditions of this permit. The Permittee is not relieved of this
requirement if he abandons the permitted activity without having it transferred to a third party.
27. This permit does not grant any property rights or exclusive privileges.
28. The Permittee understands that the project area remains the regulatory jurisdiction of
the U.S. Army Corps of Engineers. This permit does not authorize the interference with any
existing or proposed Federal project, and the Permittee will not be entitled to compensation for
damage or injury to the authorized work which may be caused from existing or future operations
undertaken by the United States in the public interest.
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29. 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. Use of the permitted activity
must not interfere with the public's right to free navigation on all navigable waters of the United
States.
30. It is possible that the authorized structure may be damaged by wavewash from
passing vessels. The issuance of this 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.
31. 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 project area to its former condition. If the Permittee fails to comply with this direction, the
Secretary or his representative may restore the waterway, by contract or otherwise, and recover
the cost from the Permittee.
32. In issuing this permit, the Federal Government does not assume any liability for:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future
Federal activities initiated on behalf of the general public.
c. Damages to other permitted or unpermitted activities or structures caused by the
authorized activity.
d. Design and construction deficiencies associated with the permitted work.
Questions or comments may be addressed to Mr. Dave Timpy, Wilmington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
David L. Timpy, Project Manager
Wilmington Regulatory Field Office
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Copies Furnished:
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Commanding Officer
U.S. Coast Guard Marine Safety Office
721 Medical Center Drive, Suite 100
Wilmington, North Carolina 28401-4895