20210334 Ver 1_USACE Permit_20210525

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

May 25, 2021
Regulatory Division

Action ID No. SAW 2001-01160

Pisces Venture, LLC
Attn: Jason Wheatley
3238 Pompano Street SW
Supply, NC 28462

Dear Mr. Wheatley:

Reference your application for a Department of the Army permit to to re-construct the
Holden Beach Marina. The proposal is to rebuild the floating dock structure located east of Drop
Zone #1. Storm damage from recent hurricanes has made many of the floating docks and
boatlifts unusable. Starting from the bulkhead on the east side of Drop Zone #1, a 10' x 48'
access pier will extend south leading to a gangway off the east side of the pier. The gangway will
lead to a 10' x 252' floating dock which will run parallel with the AIWW. Seven 4' x 30' finger
piers and one 6' x 30' finger pier will run perpendicular to the AIWW and contain 14 formal
boatslips. At the waterward end of the 6' x 30' finger pier, a 6' x 32' finger pier will run parallel
to the AIWW with room for 2 formal boatslips. The existing concrete tie pilings associated with
the eastern docking facility will be removed and 7 new tie pilings will be driven between all of
the perpendicular finger piers except at Slip #10. The existing 2 boatlifts at Slips #21 & #22 will
also be removed and not replaced. As proposed, the total number of wet slips for the marina will
be reduced from 25 to 24. This docking facility will cover or shade 4,2012 square feet of
estuarine Waters of the US.

Also, a new 2' x 45' section of concrete bulkhead would be installed approximately 2.5'
waterward of the existing wall. No wetlands are located within this area. Furthermore, the
proposal is to conduct maintenance dredging within the original and previously authorized
footprint down to a final depth of-6' (MLW). ). The bucket-to-barge operation would remove
approximately 1,795 cu. yd. (48,465 square feet) of material from Drop Zone #1 & #2 as well as
from within the previously authorized footprint east of Drop Zone #1. All proposed dredging
would remain a minimum of 10' from Coastal Wetlands and connect to deeper waters. All spoil
material would be transported via dump truck to an approved lot located adjacent to 1256 Cedar
Landing Rd. SW and 3461 Holden Beach Rd.

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
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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 December 2, 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. 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.

3. 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.

4. 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.

5. 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.

6. 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.
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Additionally, the project must remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973.

7. 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

Enclosures:

Plans
CAMA permit
Manatee Guidelines
GP 291 conditions

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Electronic Copies Furnished (with enclosures):
Ms. Debbie Wilson

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