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Home My WebLink About20120027 Ver 1_Other Agency Comments_20120223FJ REPLY TO ATTENTION OF Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON NORTH CAROLINA 28403 1343 Action ID No SAW -2012 00072 February 22 2012 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 1- 00 ,'7 46111AA� �k�0 V D FEB 2 3 2012 TLAND" AND STORMWA EI BRANCH Reference the application of William A Smith in to install a new bulkhead pier dock boathouse boat ramp and to dredge at 4016 4th Street adjacent to a manmade canal in Surf City North Carolina 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 2 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 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 protect 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 (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 7 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 8 In order to protect juvenile 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 Engineers 9 All excavated materials will be confined landward of the mean high water level elevation contour and any vegetated wetlands 10 Excavation will not exceed 4 0 feet below the elevation of mean low water 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 3 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 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 4 Questions or comments may be addressed to Mr Dave Timpy Wilmington Field Office, Regulatory Division, telephone (910) 251 4634 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 David L Timpy Project Manager Wilmington Regulatory Field Office Jeffrey Garnett USEPA REGION 4 61 Forsyth Street S W Mail Code 9T25 Atlanta, Georgia 30303 8960 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