The URL can be used to link to this page

Home My WebLink About20110952 Ver 1_USACE Correspondence_20111203REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY WILMINGTON DISTRICT CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON NORTH CAROLINA 28403 1343 November 23 2011 Regulatory Division Action ID No SAW 2011 02018 Mr poug 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 I� ��52-- � � , ,1 � �� D �f � � 3 �01' �OENR WqTER Q�q��, Sq►yD STpRp�6yqlER �� Reference the application of North Cazolma Division of Marme Fisheries to add an 11`" srte to the authorized Oyster Sanctuary Oyster Sanctuary at the Little Creek Site located in the Neuse River in Carteret County North Carolina The Federal agencies have completed review of the proposal as presented by the application and your field mvestigation report We recommend that the following conditions be mcluded m the State authonzation 1 All work authonzed by this permit must be performed in stnct 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 authorized or if m the opinion of the Secretary of the Army or his authonzed 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 Engmeers to remove relocate or alter the structural work or obstructions caused thereby without expense to the Uruted States No claim shall be made against the Umted States on account of any such removal relocation or alteration The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit 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 2 3 Except as specified m the plans attached to this permit no excavation fill or mechanized land clearmg act�vities shall take place at any time m the construction or mamtenance of this pro�ect m such a manner as to impair normal flows and circulation patterns wrthm waters or wetlands or to reduce the reach of waters or wetlands 4 The docks and piers extendmg over wetlands will be elevated sufficiently (a mimmum 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 permit or any USACE approved modification to th�s permit no excavation fill or mecharuzed land cleanng activities shall take place at any time in the construction or maintenance of tlus pro�ect within waters or wetlands This permit does not authonze temporary placement or double handlmg of excavated or fill matenal withm waters or wetlands outside the permitted area This prohibition applies to all borrow and fill activities connected with this pro�ect 6 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 m trace quantities Metal products organic matenals (mcludmg debris from land clearing activrties), or unsightly debris vv�ll not be used 7 All mechanized equipment will be regularly mspected and maintained to prevent contamination of waters and wetlands from fuels lubncants 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 Cazolma Oil Pollution and Hazardous Substances Control Act will be followed 8 The authorized structure and associated activity must not interfere wrth the public s right 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 authonzed work for reason other than safety 9 The permittee must mstall and mamtam at his expense any signal lights and signals prescnbed by the U S Coast Guard, through regulations or otherwise on authorized facilities For further mformation the permittee should contact the U S Coast Guard Marine Safety Office at (910) 772 2191 10 If the permittee discovers any previously unknown historic or archeological remams while accomplish�ng the authonzed work he will immediately notify the Wilmmgton Distnct Engmeer who will inrtiate the required coordination procedures 3 11 The permittee shall advise the Corps m wrrtmg at least two weeks prior to begmnmg the work authonzed by this permit and agam upon completion of the work authorized by this permit 12 Approval of the structure was based on determinations that there would be no obstruction to navigation Under conditions existing m the Atlantic Intracoastal Waterway (AIWW) a possibilrty 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 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 m the AIWW 13 The permittee shall require rts contractors and/or agents to comply with the terms and condrtions of this permrt m the construction and mamtenance of tlus pro�ect and shall provide each of its contractors and/or agents associated with the construcrion or mamtenance of this pro�ect with a copy of this permit A copy of this permit mcluding all conditions sha11 be available at the pro�ect site during construction and mamtenance of this pro�ect 14 The permittee shall employ all sedimentation and erosion control measures necessary to prevent an mcrease m sedimentation or turbidity within waters and wetlands outside the permrt area This shall include but is not limited to the immediate installation of silt fencing or similar appropriate devices around all areas sub�ect to soil disturbance or the movement of earthen fill and the immediate stabilization of all disturbed areas Additionally the pro�ect must remam in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolma General Statutes Chapter 113A Article 4) 15 The activity will be conducted in such a manner as to prevent a significant mcrease in turbidity outside the area of construchon or construction related discharge Increases such that the turbidrty m the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolma Division of Environmental Management (NCDEM) 25 NTU's or less in all saltwater classes and m all lakes and reservoirs and 10 NTU's or less m trout waters are not considered significant � 16 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 Umted States and m such time and manner as the Secretary of the Army or his authorized representative may direct restore the water or wetland to its pre pro�ect condition 17 Violations of these condihons or violations of Section 404 of the Clean Water Act or Sechon 10 of the Rivers and Harbors Act must be reported m wnting to the Wilmmgton Distnct U S Army Corps of Engmeers vv�thm 24 hours of the permittee's discovery of the vio]ation 0 18 The permittee shall provide the Corps of Engineers a copy of any report that may be prepared by the North Cazolina Division of Marine Fishenes (NCDMF) documenting the condrtions or performance of the constructed Oyster Sanctuary Questions or comments may be addressed to Mr Dave Timpy, Wilmmgton Field Office Regulatory Division telephone (910) 251 4634 Si erely `�� David L Timpy Pro�ect Manager Wilmington Regulatory Field Office Copies Furrushed Ms Karen Higgins , / North Carolma Department of �� Environment and Natural Resources Webscape Umt 1650 Mail Service Center Raleigh North Carolina 27699 1650 Mr Pete Ben�amm U S Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh North Carolma 27636 3726 Mr Ron Sechler National Marme Fishenes Service Habitat Conservation Service Pivers Island Beaufort North Carolma 28516 Mr Pace Wilber National Marme Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston South Carolma 29412 9110 5 Ms Becky Fox U S Environmental Protection Agency Region 4 1307 Firefly Road Whittier North Carolina 28789 BOSN3 Joseph M Edge Umted States Coast Guard Sector North Carolina Waterways Management 2301 E Fort Macon Road Atlantic Beach North Carolma 28512 Mr Row Brownlow Actmg District Manager Division of Coastal Management North Cazolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City North Carolina 28557 3421