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Home My WebLink About20040712 Ver 4_Other Agency Comments_20130617DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE O(� WILMINGTON, NORTH CAROLINA 28403 -1343 V UN 1 ?0 REPLY TO 13 ATTENTION OF June 11, 2013 .. _ IVo Regulatory Division Action ID No. SAW- 2004 -00705 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 -3421 Dear Mr. Huggett: Reference the application of Paul and Susan Magnabosco to reconfigure an existing docking facility and perform new dredging at a site located on Bridgers Avenue, between 116 Bridgers Avenue and 120 Bridgers Avenue, adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County, North Carolina. 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 State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached 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. 2. 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 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 U.S. Army Corps of Engineers, 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, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. -2- 3. 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. 4. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 5. 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. 6. 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. 7. 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 Quality at (919) 733 -5083, Ext. 526 or (800) 662 -7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 8. The authorized structure and associated activity 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 reason other than safety. 9. 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 (910) 772 -2191. 10. All excavated materials will be confined landward of the mean high water level elevation contour and any vegetated wetlands. -3- 11. All excavated materials will be confined landward of the mean high water level elevation contour within adequate dikes or other retaining structures to prevent spillover of dredged materials into any vegetated wetlands or surrounding waters. 12. Excavation will not exceed -2.0 to -4.0 feet below the elevation of mean low water. 13. 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. 14. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 15. 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. 16. 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 I I 3 Article 4). 17. 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. 18. 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. -4- 19. 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. 20. 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. 21. Dredging of SAV is prohibited. Questions or comments may be addressed to Mr. Dave Timpy, Wilmington Field Office, Regulatory Division, telephone (910) 251 -4634. Sincerely, David L. Timpy, Project Manager Wilmington Regulatory Field Office Copies Furnished: Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699 -1650 Mr. Doug Huggett Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 -3421 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636 -3726 -5- Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412 -9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303 -8960 BOSN3 Joseph M. Edge United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Rd Atlantic Beach, North Carolina 28512 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Joanne Steenhuis Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 127 Cardinal Drive Ext Wilmington, North Carolina 28405