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Home My WebLink About20110923 Ver 1_USACE Correspondence_20111203 v 1 i , - oqa3 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT CORPS OF ENGINEERS F�L v c�. �r�is�r�,pt.J 69 DARLINGTON AVENUE W�LMINGTON NORTH CAROLINA 28403 1343 REPLY TO ATfEMIONOF November 23 2011 Q ��a�� D Regulatory Division p�C m 3 2011 Action ID No SAW 2011 00859 �AfVDSANDSTORMWq�Rg�CH Mr poug Huggett g �� Division of Coastal Mana ement �L �� North Carolma Department of `� Environment and Natural Resources 400 Commerce Avenue Morehead Crty North Carolma 28557 3421 Dear Mr Huggett w Reference the application of Maritime Place POA Inc to reconfigure the existmg manna and perform mamtenance dredgmg of the existmg boat basin and access channel at the Mantime Place subdivision located at Old Marina and Baywatch Drive ad�acent to Shallotte Sound m Ocean Isle Beach Brunswick County North Carolina The Federal agencies have completed review of the proposal as presented by the application and your field mveshgation report We recommend that the followmg condihons be inctuded m the State authorization 1 All work authorized by this permit must be performed m 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 Umted States require the removal relocation or other alteration of the structure or work herein authonzed or if in the opmion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navtgable waters the permittee will be required upon due notice from the U S Army Corps of Engmeers to remove relocate or alter the structural work or obstructions caused thereby without expense to the Umted 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 Umt N CS261 1315 E West HWY RM 7316, Silver Spring MD 20910 3282 at least two weeks prior to begmning work and upon completion of work � t 2 3 Except as specified in the plans attached to this permit no excavation fill or mechanized land cleanng activities shall take place at any time in the construction or maintenance of this pro�ect m such a manner as to impair normal flows and circulation patterns withm waters or wetlands or to reduce the reach of waters or wetlands 4 The docks and piers extending over wetlands will be elevated sufficiently(a mmimum of 3 feet) above the wetland substrate to prevent total shadmg of vegetation substrate, or other elements of the aquatic environment 5 Except as authorized by this permrt or any USACE approved modification to this permrt no excavation fill or mecharuzed land clearing activrties shall take place at any hme m the construction or maintenance of this proJect wrthm waters or wetlands This permrt does not author�ze temporary placement or double handling of excavated or fill matenal within waters or wetlands outside the permitted azea Tlus prohibition applies to all borrow and fill activities connected with this pro�ect 6 Unless otherwise authonzed by this permrt all fill matenal placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except m trace quanrities Metal products orgaruc matenals(mcludmg debns from land clearing activities) or unsightly debns will not be used 7 All mechanized equipment will be regularly inspected and mamtamed to prevent contammation of waters and wetlands from fuels lubricants hydraulic fluids or other toxic matenals In the event of a spill of petroleum products or any other hazardous waste the permittee shall immediately report rt to the N C Division of Water Quality at(919) 733 5083 Ext 526 or(800) 662 7956 and provisions of the North Carohna Oil Pollution and Hazardous Substances Control Act will be followed 8 The authonzed structure and associated activity must not mterfere with the public s nght to free navigation on all navigable waters of the Umted 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 ad�acent to the authorized work for reason other than safety 9 The permittee must mstall and mamtain at his expense, any signal lights and signals prescnbed by the U S Coast Guard through regulations or otherwise on authonzed facilrties For further information the permittee should contact the U S Coast Guard Marine Safety Office at(910) 772 2191 10 In order to protect�uvenile finfish resources no excavation or filling activities will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management and the U S Army Corps of Engmeers � i 3 11 All excavated materials will be confined landward of the mean high water level elevation contour and any vegetated wetlands 12 All excavated materials will be confined landward of the mean high water level elevation contour within adequate dikes or other retainmg structures to prevent spillover of dredged matenals mto any vegetated wetlands or surroundmg waters 13 The termmal end of the pipeline from the dredge mto the diked retention area will be posrtioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids 14 A water control structure will be mstalled at the intake end of the effluent pipe leading from the retention area m order to ensure maximum settlement of suspended solids 15 Flow from the diked retention area will be confined by pipe,trough or similar device to a point at or below the mean low water level elevation contour to prevent gully erosion and siltation 16 Excavation will not exceed 8 0 feet below the elevation of inean low water 17 If the permittee discovers any previously unknown lustonc or archeological remains while accomplishmg the authonzed work he will immediately notify the Wilmmgton District Engmeer who will mrtiate the required coordmahon procedures 18 The permittee shall advise the Corps m wnting at least two weeks pnor to begmrung the work authonzed by this permit and agam upon completion of the work authorized by this permit 19 Approval of the structure was based on determmations 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 passmg vessels Unreasonable slowmg down of vessel traffic cannot be required because it would tend to nullify the navigational benefits on which the AIWW was�ustified Issuance of this permrt should not be construed as relievmg the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash normally to be expected m the AIWW 20 The permittee shall require its contractors and/or agents to comply with the terms and condirions of this permit m the construction and maintenance of this pro�ect and shall provide each of its contractors and/or agents associated wrth 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 pro�ect site durmg construction and mamtenance of this pro�ect � � 4 21 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 azea Tlus shall include but is not limited to,the immediate mstallation of silt fencmg or similar appropnate devices around all azeas sub�ect to soil disturbance or the movement of earthen fill and the immediate stabilization of all disturbed areas Addrtionally the pro�ect must remam m full compliance wrth all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4) 22 The activrty will be conducted in such a manner as to prevent a sigruficant mcrease m turbidrty outside the area of construction or construction related discharge Increases such that the turbidrty m the waterbody is 50 NTU's or less in all nvers not designated as trout waters by the North Carolma Division of Environmental Management (NCDEM) 25 NTU s or less m all saltwater classes and m all lakes and reservoirs and 10 NTU's or less m trout waters are not considered sigmficant 23 The permittee upon receipt of a notice of revocation of this permit or upon rts expiration before completion of the work will without expense to the United States and m such time and manner as the Secretary of the Army or his authonzed representative may direct restore the water or wetland to its pre pro�ect condition 24 Violations of these condrtions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in wnhng to the Wilmmgton District U S Army Corps of Engmeers withm 24 hours of the permittee s discovery of the violahon 25 The permittee shall e�ecute a consent agreement authorizing use of DA 303 with the Corps of Engmeers,Navigation Branch prior to construction Questions or comments may be addressed to Mr Dave Timpy Wilmington Field Office Regulatory Division telephone (910) 251 4634 Sincerely i David L Timpy Pro�ect Manager Wilmington Regulatory Field Office 1 a 5 Copies Furmshed Ms Karen Higgms Mr Pace Wilber / North Carolma Department of Nahonal Marme Fisheries Service vEnvironment and Natural Resources Habitat Conservation Division Webscape Umt 219 Fort Johnson Road 1650 Mail Service Center Charleston South Carolma 29412 9110 Raleigh,North Carolma 27699 1650 Ms Becky Fox Mr Pete Ben�amin U S Environmental Protection Agency U S Fish and Wildlife Service Region 4 Fish and Wildlife Enhancement 1307 Firefly Road Post Office Box 33726 Whittier North Carolma 28789 Raleigh North Carolma 27636 3726 BOSN3 Joseph M Edge Mr Ron Sechler Umted States Coast Guard National Marme Fisheries Service Sector North Carolma Waterways Habitat Conservation Service Management Pivers Island 2301 East Fort Macon Road Beaufort North Carolina 28516 Atlantic Beach North Carolma 28512 Ms Debra Wilson Division of Coastal Management North Carolma Department of Environment and Natural Resources 127 Cardmal Dnve Extension Wilmmgton North Carolma 28405