20191718 Ver 1_USACE Correspondence_20210622

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

March 27, 2020

Regulatory Division

Action ID No. SAW-2017-02286/East Taylors Creek dredge project/Carteret County

Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421

Dear Mr. Howell:

Reference the application of Carteret County to perform excavation of the federal project
East Taylors Creek, and realign the east entrance channel in Beaufort, Carteret County, North
Carolina. Coordinates in Decimal Degrees are: 34.706559 N, -76.616917 W.

Specifically, the project consists of deepening and realigning the east end of the entrance
Channel of Taylors Creek in order to stabilize the channel and navigation access. Historically,
the US Army Corps of Engineers has maintained the channel to -7 feet MLLW and 75 feet
wide in accordance with the 1935 federal authorization, which allows maintenance operations
to follow the most economical dredge alignment as identified by the district engineer. The
county proposes to deepen the channel in this location from -7 feet MLLW to -12 feet MLLW to
match the depth of the interior of Taylor's Creek.

The realignment portion of the project would consist of realigning the entrance channel
from its current northwest direction to a more southwest direction. According to the application,
the proposed realignment would match the channel's historic location identified from 2003 to
approximately 2011 and would provide an improved flushing potential from Beaufort Inlet.

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The excavation area proposed is 75 feet wide for a length of 2,800 feet, and would
remove a total of 36,000 cubic yards of material by clamshell dredge or excavator. 210,000
square feet of shallow bottom habitat would be removed from the project area. The spoils
would then be transported via barge and offloaded at 2452 Lennoxville Road then transported
by dump truck to be offloaded at 2525 Lennoxville Road. Spoil material would be stored on an
existing concrete pad and stabilized with erosion control measures. (see attached plans for
disposal locations).

Additionally, the applicant proposes to limit construction activities to daylight hours
between November 16 to March 31.

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 modification to the State authorization:

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
http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf.

2. In order to protect juvenile finfish resources and seasonal migrations of fish and
protected species (i.e. sturgeon and sea turtles), no excavation or filling activities will be
permitted between the dates of April 1 and November 15 of any year without the prior
approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of
Engineers. Dredging will be restricted to daylight hours.

3. The applicant shall follow NMFS’s Sea Turtle and Smalltooth Sawfish Construction
Conditions in order to further reduce interaction risk, and require all construction workers
watch for sturgeon and sea turtles. Operation of any mechanical construction equipment will
cease immediately if a protected species is seen within a 50-ft radius of the equipment.
Activities will not resume until the protected species has departed the project area of its own
volition.

4. The permittee must install and maintain, at his 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 the U.S. Coast Guard Marine Safety
Office at [phone].

5. All work authorized by this permit must be performed in strict compliance with the
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submitted 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.

6. 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.

7. 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.

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 Resources at (919) 733-
5083, Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.

9. 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.

10. 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.

11. 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.

12. 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,
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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).

13. 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.

14. 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.

15. 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 Ms. Liz Hair Wilmington Field Office,
Regulatory Division, telephone [phone] or email at [e-mail].

Sincerely,

Liz Hair, Project Manager
Wilmington Regulatory Field Office

Electronic copy furnished:

Mr. Todd Allen Bowers
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US EPA Region 4 Life Scientist-Water Protection Division

Mr. Gregg Bodnar/Ms. Tara MacPherson
North Carolina Department of Environmental Quality- Division of Coastal Management

Mr. Paul Wojoski/Mr. Robb Mairs
North Carolina Department of Environmental Quality-Division of Water Resources

Mr. Pete Benjamin/Ms. Kathy Matthews
U.S. Fish and Wildlife Service-Fish and Wildlife Enhancement

Dr. Pace Wilber/ Ms. Twyla Cheatwood
National Marine Fisheries Service-Habitat Conservation Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

April 15, 2020

Regulatory Division

Action ID No. SAW-2017-02286/East Taylor Creek Nav/Carteret
State Permit No. 35-20

Carteret County
Mr. Gregory Rudolph
302 Courthouse Square
Beaufort, North Carolina 28516
[e-mail]

Dear Mr. Rudolph:

Reference the application received by our office to perform excavation of the federal
project East Taylors Creek, and realign the east entrance channel in Beaufort, Carteret County,
North Carolina. Coordinates in Decimal Degrees are: 34.706559 N, -76.616917 W.

Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction
activities that receive authorization from the State of North Carolina and following Special
Conditions. Therefore, you may commence construction activity in strict accordance with
applicable State authorization, attached Federal special 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.

Additionally, it has been determined that the activities authorized do not impair the
usefulness of the USACE Navigation project and are not injurious to the public interest.

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.

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Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office,
Regulatory Branch, telephone [phone] or by email [e-mail].

Sincerely,

Liz Hair, Project Manager
Wilmington Regulatory Field Office

Enclosures:
Federal Special Conditions
Manatee Guidelines
GP 291 conditions
CAMA Permit 35-20
Plans dated August 2019
NMFS’s Sea Turtle and Smalltooth Sawfish Construction Conditions

Electronic copy furnished (w/ enclosures):
Moffatt and Nichol: Robert Neal: [e-mail]

Electronic copy furnished (without enclosures):
NCDEQ-DCM: Mr. Jonathan Howell/Mr. Gregg Bodnar
NCDEQ-DWR: Mr. Paul Wojoski/ Mr. Robb Mairs
USACE-Navigation: Mr. Justin Arnette/ Mr. Todd Horton
USACE-Environmental: Ms. Jenny Owens

CESAW -ECP-PE 19 March 2020

MEMORANDUM FOR RECORD (MFR)

SUBJECT: Section 408 – Excavation and Realignment of the Existing Entrance
Channel along the East End of Taylors Creek

1. Federal Project Authority: The proposed action has the potential to affect the
Beaufort Harbor, North Carolina Federal Project, authorized May 21, 1965, under
authority of Section 107, River and Harbor Act of July 14, 1960 and Detailed Project
Report, April 1965 (Figure 1). The section of Beaufort Harbor that may be affected is in
Carteret County, NC (Figure 2).

2. Project Description: The Wilmington District, Regulatory Division, received an
application from Carteret County, seeking a Department of the Army (DA) authorization
(Section 10/Section 404 permit) to use a clamshell dredge or excavator to dredge,
deepen, and relocate the east end entrance channel of Taylors Creek from its current
location for improved channel stability and navigation access (Figure 3). The authorized
depth and width of the entrance channel is 7 feet by 75 feet; however, the interior of
Taylors Creek has an authorized depth of 12 feet by 75 feet wide. This project proposes
to deepen the entrance channel to 12 feet to match the depth of the interior of Taylors
Creek; the width would remain at 75 feet.

In addition, the proposed action includes realignment of the channel entrance from its
current northwest direction to a more southwest direction to more closely follow the
channel’s historic location identified from 2003-2013 (Figure 4). This will provide
improved flushing potential from Beaufort Inlet, which should reduce some of the
recurring shoaling in the channel.

The proposed realignment would be approximately 2,800 feet long, and would require
the removal of a total of 36,000 cubic yards of material. The material, which is 97%
sand with 3% fines, will be placed indefinitely on two existing upland concrete pads
(north of the project area) that will be stabilized with erosion control measures (Figure
3).

3. Technical Analysis: The Wilmington District Operations (Todd Horton) and Planning
Branches (Jenny Owens) have reviewed the plans for the proposed channel
realignment and deepening of the east end entrance channel of Taylors Creek and have
concluded there is no evidence to indicate that the proposed project will have any
negative effects on the Federal project.

4. Public Interest Determination: As a result of a review of the proposed project, which
involves the relocation and deepening of the east end entrance channel of Taylors
Creek, the Wilmington District Corps of Engineers has determined that the proposal will
not be injurious to the public interest.

5. It is our further determination that the alteration will not impair the usefulness of the
project and satisfies the requirement to ensure that the alteration is “compatible” with
the purposes of the project set forth at 33 CFR 320.4(g)(5).

6. Real Estate: Based on coordination with SAS-RE, the proposed project does not
involve Federal property; therefore no USACE real estate action is required.

7. Environmental Compliance: For purposes of the environmental compliance analysis
required by EC 1165-2-220, it is noted that a single decision document, single office
lead for environmental compliance, or the same deciding official is not required for this
408 Permission and Section 10. However, based upon our review, it has been
determined that the environmental compliance analysis required for this particular
Section 408 Review will be the same as that required for the Section 10. All
environmental requirements will be met through the Section 10 permit process.
Therefore, a separate environmental compliance analysis is not necessary.

8. According to EC 1165-2-220, Appendix G-4, Para. c., “The district staff evaluating
impacts to the usefulness of the USACE Navigation project will document their findings
in a Memorandum for Record (MFR) that will be provided to the district Regulatory staff
for their use in the Section 10 permit evaluation and determination.”

9. Regulatory staff must include in the Section 10/404 permit document that is provided
to the applicant the following statement: “It has been determined that the activities
authorized do not impair the usefulness of the USACE Navigation project and are not
injurious to the public interest.”

10. 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.

11. Point of Contact: If you have questions regarding this evaluation, please contact Ms.
Keleigh Cox, Wilmington District Biologist, at [phone] or at
[e-mail].
Jennifer L. Owens Section 408 Coordinator
Wilmington District

Figure 1. Beaufort Harbor North Carolina, Wilmington District Federal Project Map
Approximate Site Location

Figure 2. Project Location Map

Figure 3. New Channel Realignment and Material Placement Sites Design Plan

Figure 4. Historic Channel Realignment