20170088 Ver 2_USACE Permit_20210203

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2016-01896 County: Carteret County U.S.G.S. Quad: Beaufort

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Jordan Byrum
NC Division of Marine Fisheries
Address: 3441 Arendell Street
Post Office Box 769
Morehead City NC, 28557
[e-mail]

Telephone Number: 252-808-8036

Size (acres) 5 acres Nearest Town Morehead City
Nearest Waterway Bogue Sound River Basin Onslow Bay
USGS HUC 03020301 Coordinates Latitude: 34.719722
Longitude: -76.805556

Location description: The project site is located at the existing Artificial Reef AR 380 within waters of Bogue Sound, located
approximately .41 nautical miles SE of Spooner’s Creek, near Morehead City in Carteret County, North Carolina.

Description of projects area and activity: The applicant proposes to deploy 250 additional 2’ X 3’ reef balls, each spaced 12’
apart, within the eastern half of the existing 5-acre reef site (approximately 216,000 ft² footprint). A 100-foot buffer is
established around the deployment area to ensure material is not placed outside of the permitted reef boundary. Water depths
within the project area average -6’ NLW.

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 194
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 December 15, 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.

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 [e-mail].
SAW-2016-01896

Corps Regulatory Official: ___________________________ Date: February 3, 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]

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.
SAW-2016-01896

It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.

Date of JD: N/A Expiration Date of JD: N/A

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
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.

Electronic Copy Furnished (without enclosures):

NC DEQ-DWR: Mr. Paul Wojoski/ Ms. Holley Snider
USFWS: Mr. Pete Benjamin/Mr. John Ellis
NMFS-HCD: Dr. Pace Wilber/Ms. Twyla Cheatwood
NMFS-PRD: Ms. Mary Wunderlich
US EPA: Mr. Todd Allen Bowers
NC DEQ-DCM: Mr. Gregg Bodnar/Ms. Amanda Cannon/Mr. Roy Brownlow

SAW-2016-01896
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
https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf

2. The applicant will implement the conditions of the NC DMF Artificial Reef Programmatic Biological
Opinion dated October 18, 2019. The full Biological Opinion can be located on the Wilmington District
website at https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/ESA/.

Action ID Number: SAW-2016-01896 County: Carteret County

Permittee: Jordan Byrum
NC Division of Marine Fisheries

Project Name: NC Division of Marine Fisheries/AR 380 Enhancement

Date Verification Issued: February 3, 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