20201153 Ver 1_USACE Permit_20210128

Strickland, Bev
From:
Hair, Sarah E CIV CESAW CESAD (US) <[e-mail]>
Sent:
Thursday, February 4, 2021 1:39 PM
To:
Eggleston, Ryan T; Neal, Robert
Cc:
Snider, Holley; Wojoski, Paul A; pete benjamin; Ellis, John; pace wilbur; Twyla
Cheatwood; HORTON, J TODD CIV USARMY CESAW (USA); Arnette, Justin R CIV
USARMY CESAW (USA); Owens, Jennifer L CIV USARMY CESAW (USA); Manning, John
E CIV USARMY CESAS (USA)
Subject:
[External] SAW-2016-01780 Town of Morehead City_Peletier Creek Maintenance
dredging
Attachments:
RGP 2878 Signed Tearsheet_Town of Morehead Peletier Creek.pdf;
RGP2878-2016-12-23.pdf, Drawings - MajMod 75-16.pdf, 2016 408 MFR.pdf
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Good afternoon,
Attached please find the Corps authorization dated January 28, 2021, Regional General Permit 2878, plans, and original
2016 408 memo associated with the modification request for the subject project.
Please let me know if you have any questions.
Thank you,
Liz
Liz Hair
Regulatory Project Manager
Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
[e-mail]
Work Cell: 910-512-4456
1

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2016-01780 County: Carteret County U.S.G.S. Quad: Mansfield
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Town of Morehead City
Attn: Ryan Eggleston
Address: 706 Arendell Street
Morehead City, North Carolina 28557
Telephone Number:
Size (acres)
Nearest Waterway
USGS HUC
252-726-6848 ext. 110
Ryan.Egglestonkmoreheadci . nc.org
n/a
Bo2ueSound
03020301
Nearest Town Morehead City
River Basin Onslow Bay
Coordinates Latitude:34.724983
Longitude:-76.780308
Location description: The project site is located within the Corps of Engineer's federal project, Peltier Creek, in waters of Bogue
Sound, Morehead City, in Carteret County, North Carolina.
Description of projects area and activity: This authorization authorizes impacts associated with the modification of the previous
authorization dated November 9. 2016 and subseauent permit transfer dated March 4. 2020. to allow dredging of the federal
proiect to its authorized length and width of 1,900' X 50' (proposed removal of 4,500 cubic yards of material). The previous
authorization allowed dredging within the limits of the federal proiect for a length of 900' and a 30' width, with the removal of
approximately 3.000 cubic vards of material. Dredge method is bucket to barge: dredge depths will not exceed -6' NLW.
Dredge spoils will be disposed at a pre -approved upland site.
Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344)
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number and/or Nationwide Permit Number: RGP 2878
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated September 8, 2020. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional
general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.

SAW-2016-01780
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Sarah Hair at [phone] or Sarah.E.HairAusace.army.mil.
HAIR.SARAH.EA.1 DigitAyMg-dby
Corps Regulatory Official: CC HAIR.SARAH.EA.1054693512
054637 Date: January 28, 2021
Expiration Date of Verification: December 31, 2021
A. Determination of Jurisdiction:
1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any
work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference
the approved jurisdictional determination issued . Action ID: SAW-
B. Basis For Jurisdictional Determination: N/A. An Approved JD has not been completed.
C. Remarks:
D. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin, Appeal Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]

SAW-2016-01780
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by N/A
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
httD:Hcort)smaDu.usace.armv.mil/cm apex/VD=136:4:0.
Enclosures:
RGP 2878
2016 408 Memo
Plans/Drawings dated May 20, 2020
Electronic copy furnished w/ enclosures:
Moffatt & Nichol; Robert Neal
NC DEQ-Division of Coastal Management; Gregg Bodnar/Jonathan Howell/Amanda Cannon
NC DEQ-Division of Water Resources; Holley Snider/Paul Wojoski
USFWS; Pete Benjamin/John Ellis
NOAA-NMFS; Pace Wilber/Twyla Cheatwood
USACE-Navigation; Todd Horton/Justin Arnette
USACE-ECP-PE; Jenny Owens
USACE-Real Estate; John Manning

SAW-2016-01780
SPECIAL CONDITIONS
1) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and
strictly adhere to all requirements therein. The guidelines can be found at
btlps://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf
2) For any operational activity that impacts the safe navigation on Federal waterways: The
U.S. Coast Guard requires that the applicant provide the following information at least 10
days prior to operations commencing:
a. Dates (Inclusive) of operation
b. Hours of operation (24 hours/daylight hours only)
c. Names of vessels involved
d. Working and standby frequencies
e. Specific Location (Mile marker/Channel)
f. Any specific instructions or concerns that would be pertinent to the mariner. Send
information to:
USCG SECTOR NC WATERWAYS DIV
721 MEDICAL CENTER DRIVE WILMINGTON, NC 28401
OR VIA EMAIL: NCmarineevents(d),uscg.mil
3) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be
permitted between April 1 and September 30 of any year without the prior approval of the
Division of Coastal Management, in consultation with appropriate resource agencies.

Action ID Number: SAW-2016-01780 County: Carteret County
Permittee: Town of Morehead City, Attn: Ryan Eggleston
Project Name: Maintenance dredge/Peletier Creek/Carteret
Date Verification Issued: January 28, 2021
Project Manager: Sarah Hair
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification, and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Sarah Hair
69 Darlington Avenue
Wilmington, North Carolina 28403
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.gM.mil/Missions/Re ug latooPermitPro rg am.aspx
General Permit No. 199602878
Name of Permittee: General Public
Effective Date: January 1, 2017
Expiration Date: December 31, 2021
DEPARTMENT OF THE ARMY
GENERAL (REGIONAL) PERMIT
A general permit to perform work in or affecting navigable waters of the United States and
waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section
10 of the Rivers and Harbors Act of March 3, 1899, (33 U.S.C. 1344) and Section 404 of the
Clean Water Act (33 U.S.C. 1344) is hereby issued under the authority of the Secretary of the
Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE MAINTENANCE DREDGING WITHIN FEDERALLY AUTHORIZED
NAVIGATION CHANNELS AND BORROW AREAS, AND THE DISCHARGE OF
EXCAVATED AND/OR FILL MATERIAL WITHIN FEDERALLY APPROVED CONFINED
UPLAND DISPOSAL AREAS OR, IN THE CASE OF BEACH QUALITY SAND,
FEDERALLY AUTHORIZED BEACH RETENTION AREAS OR FEDERALLY
AUTHORIZED BEACH NOURISHMENT PROJECT AREAS IN THE STATE OF NORTH
CAROLINA.
Special Conditions
a. Written confirmation that the proposed work complies with this general permit must be
received from the Wilmington District Engineer prior to the commencement of any work. To
enable this determination to be made, the permittee must furnish the following information for
review and approval to the Wilmington District, Corps of Engineers (Corps):
(1) The name, address, and telephone number of the sponsor and/or other individuals
responsible for the work.

(2) A map showing the location(s) of the work.
(3) Appropriate, written permission of owner(s), leaseholder(s) or others having any
rights regarding properties affected by the proposal.
(4) Plans of the work at an acceptable scale (on 8-1/2 inch by 11-inch paper) showing
the location and dimensions of the Federal channel before and after the work, location
and size of any borrow area and the location and size of the disposal area(s).
(5) Quantity (cubic yards) and composition (percentage of fines and/or sand grain size)
of excavated and/or fill material.
(6) A description of the methods, procedures, and equipment to be used to perform the
proposed work.
(7) Approximate commencement and completion dates of the proposed work.
(NOTE: Confirmation that the work is authorized will be provided to the permittee after the
Wilmington District's Regulatory and other appropriate District elements have coordinated and
agreed with the validity of the proposal. To minimize adverse impacts on fish, wildlife and other
natural environmental resources, the Wilmington District Engineer, in close coordination with
appropriate State and Federal agencies, will ensure that all work is conducted in strict accordance
with the special and general conditions of this general permit and any appropriate
recommendations from State/Federal resource agencies. Failure to comply with any condition or
specific recommendation will result in an immediate order to cease operations.)
b. No work may occur during times (seasonal restrictions) designated by the North
Carolina Division of Coastal Management, the North Carolina Division of Marine Fisheries, the
U.S. Fish and Wildlife Service, and/or the National Marine Fisheries Service for protection of
fish, shellfish, or wildlife resources. The permittee must not commence work until written
confirmation is received from the Wilmington District Engineer as to when the work may begin
and must be completed.
C. Excavation and/or filling of jurisdictional wetlands or submerged aquatic vegetation
(SAV) beds is not authorized by this general permit. Excavation activities occurring near
jurisdictional wetlands must allow for an adequate buffer, not less than 15 feet, between the
excavated area and the wetland to prevent erosion of the wetland.
d. Dredged and/or fill material may not be placed within beach nourishment areas unless
the Corps has determined, in writing, that the material complies with the State of North
Carolina's Technical Standards for Beach fill Projects, North Carolina Statute T15A NCAC
07H.0312.

e. Unless specifically approved for beach nourishment or beach disposal, all excavated
material must be placed and retained in a Corps -approved upland disposal area.
f. Prior to commencing work the permittee must present the Wilmington District Engineer
with a written preliminary determination providing reasonable assurance that the proposed
discharge is not a carrier of contaminants. This documentation must be a comprehensive analysis
of all existing and readily available information on the proposed discharge. Work may not
proceed until the permittee has received written approval from the Wilmington District Engineer.
g. Maintenance excavation must not exceed the Federally authorized dimensions
(including authorized over depth) of the Federal channel.
h. No excavation is authorized in primary nursery or prime shellfish areas as designated by
the North Carolina Division of Marine Fisheries.
All fill material used for dike construction or repair will be obtained from an upland
source.
j. Should the activity involve the removal of material from a Corps' retention area, the
permittee shall not damage or destroy dikes or spillways. The permittee will be responsible for
any necessary repairs.
k. Should all or part of a proposed development activity be located in an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal Resources
Commission, a Coastal Area Management Act (CAMA) permit is required from the North
Carolina Division of Coastal Management before the onset of the proposed activity. Should a
Federal activity within any one of North Carolina's twenty coastal counties or which could affect
a coastal use or resource in any one of North Carolina's twenty coastal counties be proposed by a
Federal agency, a consistency determination pursuant to Subpart "C" of 15 CFR 930 must be
prepared and submitted by that Federal agency to the North Carolina Division of Coastal
Management before the onset of the proposed activity.
1. Return water from upland, contained disposal areas must comply with Water Quality
Certification No. 3888, issued by the North Carolina Division of Water Resources (NCDWR) on
March 19, 2012 or the current Water Quality Certification applicable to return water from upland
disposal facilities. Water Quality Certification for the discharge of beach quality sand in waters
of the United States will be obtained prior to any commencement of such work.
General Conditions
a. Except as authorized by this general permit or any Corps approved modification to this
general permit, no excavation, fill or mechanized land -clearing activities shall take place within
waters or wetlands, at anytime in the construction or maintenance of this project. This general
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.
b. Authorization under this general permit does not obviate the need to obtain other
federal, state, or local authorizations.
C. All work authorized by this general permit must comply with the terms and conditions
of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit
issued by the North Carolina Division of Water Resources.
d. 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).
e. The activities authorized by this general permit 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 a reason other than safety.
f. 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/her 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 Corps, 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 or alteration.
g. The permittee, upon receipt of a notice of revocation of the permit for the verified
individual activity, may apply for an individual permit, or will, without expense to the United
States and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the United States to its former conditions.
h. The permittee will allow the Wilmington District Engineer or his/her representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
general permit.
i. This General Permit does not authorize any activity that would conflict with a federal
project's congressionally authorized purposes, established limitations or restrictions, or limit an
agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of the
al

Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to
take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move,
injure, or obstruct a federally constructed work or project, including, but not limited to, levees,
dams, jettys, navigation channels, borrow areas, dredged material disposal sites, flood control
projects, etc., shall be permitted unless the project has been reviewed and approved by the
appropriate Corps approval authority.
j. The permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging or other work within the
right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: SAWWeb-NAV(cusace.army.mil.
k. This general permit does not grant any property rights or exclusive privileges.
This general permit does not authorize any injury to the property or rights of others.
in. This general permit does not authorize the interference with any existing or proposed
federal project.
n. In issuing this general permit, the Federal Government does not assume any liability for
the following:
(1) Damages to the permitted project or uses thereof as a result of other permitted
or unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this general permit.
(4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this general permit.
o. Authorization provided by this general permit may be modified, suspended or revoked
in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army,
determines that such action would be in the best public interest. The term of this general permit
shall be five (5) years unless subject to modification, suspension or revocation. Any
modification, suspension or revocation of this authorization will not be the basis for any claim
for damages against the United States Government.
5

p. No activity may occur in a component of the National Wild and Scenic Rivers System,
or in a river officially designated by Congress as a "study river" for possible inclusion in the
system while the river is in an official study status, unless the appropriate Federal agency with
direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic designation or study status. Information on
Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency
responsible for the designated Wild and Scenic River or "study river" (e.g., National Park
Service, U.S. Forest Service, etc.)
q. This general permit does not authorize any activity within, or directly affecting, a
marine sanctuary established by the Secretary of Commerce under authority of Section 302 of the
Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the
Corps with a certification from the Secretary of Commerce that the proposed activity is
consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act.
Information on marine sanctuaries may be obtained at http:Hsanctuaries.noaa.gov/#MN.
Permittees may not begin work until they provide the Corps with a written certification from the
Department of Commerce.
r . hi cases where the Wilmington District Engineer determines that the activity may affect
properties listed, or eligible for listing, in the National Register of Historic Places and its codified
regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the
Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation
Act, the activity is not authorized, until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by
the Corps that the requirements of the NHPA have been satisfied and that the activity is
authorized.
S. If you discover any previously unknown historic, cultural or archeological remains and
artifacts while accomplishing the activity authorized by this general permit, you must
immediately notify the Wilmington District Engineer of what you have found, and to the
maximum extent practicable, avoid construction activities that may affect the remains and
artifacts until the required coordination has been completed. The Wilmington District Engineer
will initiate the Federal, tribal and state coordination required to determine if the items or
remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
t. No activity is authorized under this RGP which is likely to directly or indirectly
jeopardize the continued existence of a threatened or endangered species or a species proposed
for such designation, as identified under the Federal Endangered Species Act (ESA), or which
will directly or indirectly destroy or adversely modify the critical habitat of such species. No
activity is authorized under any NWP which "may affect" a listed species or critical habitat,
unless Section 7 consultation addressing the effects of the proposed activity has been
completed*. Information on threatened and endangered species and their critical habitat can be
Con

obtained directly from the Corps field offices, the USFWS field offices or at the following web
addresses: http://www.fws.gov/ or hqp://www.fws.gov/ipac/ or
hqp://www.noaa.gov/fisheries.html. Permittees may not begin work until notified by the Corps
that the requirements of the Endangered Species Act have been satisfied and that the activity is
authorized.
*Note - Section 7 consultation has been completed for the West Indian manatee, and the
permittee must comply with General Condition "u" in order to satisfy the requirements of the
ESA for this species.
u. In order to further protect the endangered West Indian Manatee (Trichechus manatus),
the applicant must implement the USFWS' Manatee Guidelines, and strictly adhere to all
requirements therein. The guidelines can be found at hqp://www.fws. og v/nc-
es/mammal/manatee guidelines.pdf.
V. If the permittee discovers or observes any live, damaged, injured or dead individual of
an endangered or threatened species during construction, the permittee shall immediately notify
the Wilmington District Engineer so that required coordination can be initiated with the U.S.
Fish and Wildlife Service and/or National Marine Fisheries Service.
W. Permittees are advised that development activities in or near a floodway may be subject
to the National Flood Insurance Program that prohibits any development, including fill, within a
floodway that results in any increase in base flood elevations. This general permit does not
authorize any activity prohibited by the National Flood Insurance Program.
X. The permittee must install and maintain, at his/her 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 Coast Guard Sector North
Carolina at [phone] or email Coast Guard Fifth District at cgd5waterway(d),uscg.mil.
y. The permittee must maintain any structure or work authorized by this general permit in
good condition and in conformance with the terms and conditions of this general permit. The
Permittee is not relieved of this requirement if the Permittee abandons the structure or work.
Transfer in fee simple of the work authorized by this general permit will automatically transfer
this general permit to the property's new owner, with all of the rights and responsibilities
enumerated herein. The permittee must inform any subsequent owner of all activities undertaken
under the authority of this general permit and provide the subsequent owner with a copy of the
terms and conditions of this general permit.
Z. At his/her sole discretion, any time during the processing cycle, the Wilmington District
Engineer may determine that this general permit will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
7

aa. Except as authorized by this general permit or any Corps approved modification to this
general 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.
bb. Except as authorized by this general permit or any Corps approved modification to this
general permit, all excavated material will be disposed of in approved upland disposal areas.
cc. Activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon this general permit will remain authorized provided the activity is
completed within twelve months of the date of the general permit's expiration, modification, or
revocation. Activities completed under the authorization of this general permit that were in
effect at the time the activity was completed continue to be authorized by the general permit.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
FOR THE COMMANDER:
ix 1, 4
Scott McLendon
Chief, Regulatory Division
Wilmington District

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CESAW-ECP-PE
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
MEMORANDUM FOR RECORD
SUBJECT: Section 408- Peltier Creek
28 October 2016
Federal Project Authority: Peltier Creek, which consists of au entrance channel (6' deep by
50' wide) and small boat basin (6' deep by 200' wide by 600' long), was authorized by the River
and Harbor Act of 1954.
Location and Description: The proposed project is located at Peltier Creek within tie
authorized U.S. Army Corps of Engineers (USAGE) navigation project: in Carteret County
(Figure 1). Peltier Crack is designated as aHarbor of Refuge: a port, inlets or other body of water
normally sheltered fi om heavy seas by land and in which a vessel can navigate and safety moor,
Proposed Action: Tile Wilmington District, Regulatory Division., received an application from
tie Pensacola Yacht Club, LLC seeking Department of the Army (D.A.) authorization to allow
maintenance dredging within the authorized dimensions of the, existing USACE project.at Peltier
Creels. A total of approximately 3,000 cubic yards of material will be removed from the most
heavily shoaled areas of the Peltier entrance chamiel and basin (Figure 2). The proposed action
is dredging to a depth of -6 feet mean low water and a width of 30 feet. The dredging will be
accomplished by bucket and barge with dredged material taken offsite to a preapproved non-
federal upland disposal location.
Technical Analysis: The Wilmington District Opexation%.Engineering, and Planning Branches
have reviewed the platys for the maintenance dredging and have concluded that there is no
evidence to indicate that the proposed proj ect will have any negative effects on the federal
project. To the contrary, the, proposed project will improve navigation within the federally
authorized USAGE project.
Public interest Determination: The channel leading into Peltier Creek allows various -•sized
vessels to navigate the entrance channel and to dock adjacent to the basin. Peltier Cheek is used
for docking recreational boats, and is a Harbor of Refuge to protect ships from rough seas. The
proposed dredging will temporarily increase turbidity in the vicinity of the work; however-, the
proposed dredging should not adversely affect significant resources, especially since the
dredging will occur within a previously disturbed area. Peltier Creek is not designated as a
Primary Nursery Area and the waters are closed to shellfish harvesting, No shellfish resources or
submerged aquatic vegetation occur within the project area.

CP S AW-ECP-PE
SUBJECT, Section 408 - Peltier Creek
Real Estate: Based on coordination with SAS -RE, the proposed project does not involve Federal
property; therefore no U SACE real estate action is required,
Environmental Compliance: P►usuaart to Section 404 of the Clean Water Act and Section 10 of
the Rivers and Harbors Act, the Pensacola Yacht Club, LLC is required to obtain a D.A. pen it
tluough the USACE Wilmington Regulatory Field Office. The proposed project is being
evaluated in accordance with the National Environmental Policy Act (NEPA) through the
issuance of General Permit 2878, for which an Environmental Assessment was previously
completed. Compliance with all other applicable laws and regulations will be completed prior to
issuance of the D.A. per nit.
Conclusion; Based upon the foregoing, it is my determination that: (1) the proposed action will
not be injurious to the public interest, and (2) the proposed action will not impair the usefulness
of the federal project, Moreover, based upon a review of the questions set forth ift EC 1165-2-
216, Para 61(1)-(7), I have determined that the approval of this work is within my delegated
approval authority. In accordance with 33 U. S. C. 408, I Hereby grant approval to the Pensacola
Yacht Club, LLC to execute the proposed work.
Point of Contact: For questions regarding this evaluation, please contact Ms. Jenny Owens,
Wiiiningtou District Section 408 Coordinator, at [phone] or at
Jennifer,l.owens [e-mail],mil.
KEVIN P. L RS SR.
COL, EN
Commanding
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PROJECT TITLE.- PELLETIER CREEK
MAINTENANCE DREDGING
DATUM: MLLW
PREPARED BY.' MOFFATT & NICHOL
L
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FEDERAL NAVIGATION
CHANNEL LIMITS, TYP "1C�
DREDGE PLAN VIEW
SCALE: 1"=300'
PREPARED FOR: TOWN OF MOREHEAD CITY,
NORTH CAROLINA
DATE: MAY 20, 2020
NOTES:
1. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ACQUIRING USE OF ANY AND ALL MATERIAL
TRANSFER SITE(S) AND MATERIAL PLACEMENT SITE(S).
2. THE CONTRACTOR SHALL MAINTAIN THE PROJECT AREA, INCLUDING THE PLACEMENT AREA(S),
TRANSFER SITE(S), TRAFFIC CORRIDORS, AND STAGING AREAS FREE OF TRASH, DEBRIS, RUBBLE,
AND ALL OTHER MISCELLANEOUS OBSTRUCTIONS. THE CONTRACTOR SHALL RESTORE THE
PROJECT SITE(S) TO PRE -CONSTRUCTION CONDITIONS AS DETERMINED BY THE TOWN OF
MOREHEAD CITY.
3. THE CONTRACTOR SHALL PREVENT RUTS, DITCHES, GULLIES, OR DEPRESSIONS FROM FORMING
WITHIN THE OFFLOADING SITE, MATERIAL PLACEMENT SITE(S), OR TRAVEL CORRIDORS. UPON
NOTIFICATION OF A RUT/DEPRESSED AREA, THE CONTRACTOR SHALL TAKE IMMEDIATE STEPS TO
SMOOTH GRADE THE AREA IN QUESTION. DREDGE MATERIAL SHALL NOT BE USED TO FILL
DEPRESSIONS CREATED AS PART OF THE CONSTRUCTION PROCESS.
4. MAINTENANCE DREDGING OPERATIONS MAY REMOVE UP TO APPROXIMATELY 4,500 CUBIC YARDS
FROM THE PELLETIER CREEK CHANNEL LIMITS.
5. MAINTENANCE OPERATIONS MAY DREDGE TO -5 FT MLLW +1 FT OF ALLOWABLE OVER -DEPTH FOR
A MAXIMUM (DEEPEST) DREDGE DEPTH OF -6 FT MLLW.
CLCHANNEL
25'-0"
APPROX. EXIST.
GRADE, EL
VARIES
EDGE OF FEDERAL
CHANNEL, TYP
DESIGN DREDGE -5.0 MLLW
OVER -DEPTH -6.0 MLLW
TYP
TYPICAL SECTION A -A
NOT TO SCALE
NOT TO BE USED FOR CONSTRUCTION
ISSUED FOR PERMIT REVIEW ONLY
SHEET TITLE.'
DREDGE PLAN
300' 0' 300' 600'
SCALE: 1 "=300'
SHEET
2
of-
2