20210024 Ver 1_USACE Permit_20210528

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

May 28, 2021
Regulatory Division

Action ID No. SAW 2020-00966

Jason and Daniel Ruegg
6317 Market Street
Wilmington, NC 28405

Dear Mr. Jason and Daniel Ruegg:

Reference your application for a Department of the Army permit to construct two separate
docking facilities for a total of 2 slips on the southernmost parcel and perform channel
maintenance excavation connecting to the AIWW. The applicant proposes to remove the existing
fixed accessway from the northern side of that parcel, and construct a new fixed access pier (164'
x 6') near the origin of the existing one, extending from the uplands in a southeasterly direction
towards the water. The proposed fixed pier would terminate with a proposed L-head shaped
fixed covered platform (12' x 12') extending to the north from the end of the pier. On the
southern side of the fixed access pier, the applicant is proposing to construct a gangway leading
down to a proposed floating dock (6' x 44') extending in a southwesterly direction, parallel with
the shoreline.

On the same parcel, south of the above proposed features, the proposal is to remove the
existing fixed pier and damaged floating dock, and to construct a separate fixed access pier (210'
x 6') extending in a southeasterly direction towards the water, perpendicular to the shoreline. Past
the edge of the marsh, the proposal is to construct another L head shaped, fixed covered platform
(12' x 12') extending to the north from the fixed pier. From the north side of the proposed fixed
covered platform, the applicant is proposing to construct a gangway leading down to a floating
dock (6' x 31') extending in a northerly direction, parallel to the shoreline.

The proposal is also to undertake maintenance dredging in the channel in front of the
property, extending through the entire canal out to the AIWW. The applicant is proposing to
dredge to -4' @ MLW, with an approximate 12' to 20' wide by 625' long box cut. The work is
proposed to be bucket to barge excavation, and the applicant is proposing to take 700 CY of
dredged spoil to a site on DA-248 outside of the USACE right of way and adjacent to an existing
dike.

The northern docking facility will shade and cover 444 square feet of open water waters
and shade and cover 816 square feet of coastal wetlands. The southern docking facility will cover
and shade 354 square feet of open water and shade and cover 1188 square feet of coastal
wetlands.

-2-

Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process, via Programmatic General Permit
291 (copy attached), for construction activities that receive authorization from the State of North
Carolina. Therefore, you may commence construction activity in strict accordance with the
applicable State authorization, attached Federal special conditions, PGP-291 conditions and the
approved plan. Failure to comply with the State authorization or conditions of the Federal permit
could result in civil and/or administrative penalties.

If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified. Your Department of the Army permit will expire on December 31, 2021.

Special Conditions

1. All work authorized by this permit must be performed in strict compliance with the
submitted plans (dated August 6, 2020 and revised November 16, 2020), 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. A “Consent to Cross” authorization from the Corps of Engineers must be obtained for
the easement of the Corps navigation channel prior to material disposal. Provide a written
request and a map showing the disposal site and the crossing location to Justin Arnette at
[e-mail].

3. Except as authorized by this permit or any USACE approved modification to this permit,
no dredge, fill, or mechanized land-clearing activities shall take place at any time in the
construction or maintenance of this project within waters outside the designated
permitted boundary. This permit does not authorize temporary placement or double
handling of excavated or fill material within waters outside the permitted area.

4. Work in wetlands are prohibited during the dredging, material disposal, or any other
aspects of work associated with this project. All dredged material must be deposited on
high ground.

5. 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 Resources
at [phone], Ext. 526 or [phone] and provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act will be followed.

-3-

6. 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.

7. 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.

8. The activity must 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.

9. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
permittee 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
http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf.

10. 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 Greg Currey, Wilmington Field Office,
Regulatory Branch, telephone [phone] or email [e-mail].

Sincerely,

Greg Currey, Project Manager
Wilmington Regulatory Field Office

-4-

Enclosures:

Plans
CAMA permit
Manatee Guidelines
GP 291 conditions

Electronic Copies Furnished (with enclosures):
Mr. Greg Finch (Land Management Group)

Electronic Copy Furnished (without enclosures):
NOAA/NMFS; Mr. Fritz Rhode/Ms. Twyla Cheatwood
NOAA/NMFS; Dr. Pace Wilber
NCDEQ/DCM; Mr. Jonathan Howell
NCDEQ/DCM; Ms. Tara McPherson
NCDEQ/DWR; Ms. Holley Snider
NCDEQ/DCM; Mr. Curt Weychert
NCDEQ/DCM; Mr. Gregg Bodnar
NCDEQ/DWR; Mr. Paul Wojoski
USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews
USEPA; Mr. Todd Allen Bowers
USCG; BOSN3 Mr. Paul Bertram