20120002 Ver 1_USACE Correspondence_20120216

REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
February 14, 2012
Regulatory Division
Action ID No. SAW- 2011 -00723
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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FEB 1 6 2012
WETLANDS AND STORMWA EI BRANCH
Reference the application of DMT Investments, LLC (C /o: Greg Duncan) to construct a
private boat pier, dock, and boat ramp at 63 Washington Hales Drive, adjacent to Moores Creek,
in Currie, Pender County, North Carolina. The proposed project will result in discharge of fill
into approximately 1,076 sf (0.02 acres) of jurisdictional 404 wetlands.
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 US 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 N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.

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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
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. The docks and piers extending over wetlands will be elevated sufficiently (a
minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate,
or other elements of the aquatic environment.
5. 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.
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 in trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
7. The Permittee shall execute and cause to be recorded in the Pender County Register
of Deeds the Declaration of Covenants, Conditions and Restrictions for the DMT Investments,
LLC Private Boat Ramp, for the purpose of maintaining wetland areas not authorized to be filled
(approximately 16,178 square feet) as a preservation area, as shown on the Sheet 1 of 3 dated
revised 12 -22 -2011 (included in CAMA permit application dated 07 -08 -2011) , in their natural
or mitigated state in perpetuity, within 60 days of issuance of the DA permit. The preservation
areas must be surveyed in and their meets and bounds recorded on the survey. The above -
mentioned survey must also be recorded with the Pender County Register of Deeds at the same
time the Declaration is recorded. No person or entity shall fill, grade, excavate, or perform any
other land disturbing activities; nor cut, remove, or harm any vegetation; nor construct any
structures, nor allow animal grazing or watering or any other agricultural use on such
conservation areas. The permittee shall enforce the terms of the Declaration and, prior to
conveyance of the property, shall take no action on the property described in the Declaration
inconsistent with the terms thereof. The permittee shall provide a copy of the recorded
Declaration to the Corps of Engineers within 15 days of recording.
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 Quality at (919) 733 -5083,
Ext. 526 or (800) 662 -7956 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.

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9. The authorized project, including any 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.
10. All excavated materials will be confined landward of the mean high water level
elevation contour and any vegetated wetlands.
11. 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.
12. 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.
13. 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.
14. 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).
15. 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.
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 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.

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17. 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 Mr. Dave Timpy, Wilmington Field Office,
Regulatory Division, telephone [phone].
Copies Furnished:
Ms. Karen Higgins
/ North Carolina Department of
Environment and Natural Resources
Webscape Unit
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
Sincerely,
1271
David L. Timpy, Project Manager
Wilmington Regulatory Field Office
Ms. Becky Fox
U.S. Environmental Protection Agency -
Region 4
1307 Firefly Road
Whittier, North Carolina 28789
BOSN3 Joseph M. Edge
United States Coast Guard
Sector North Carolina Waterways
Management
2301 East Fort Macon Road
Atlantic Beach, North Carolina 28512
Ms. Debra Wilson
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Joanne Steenhuis
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
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