20210805 Ver 1_SAW 2021-00967 CL-31 Letter McMullan Boat Basin and Access Channel Derdging_20210816

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

August 16, 2021

Regulatory Division
Action ID No. SAW 2021-00967

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

Dear Mr. Howell:

Reference the application by Barrett McMullan to excavate an access channel and boat
basin around/beneath an existing docking facility adjacent to the AIWW and Shallotte Inlet. The
rectangular dredge cut (approximately 175ft. x 50ft. x 3ft. MLWL) will begin just inshore of the
existing boat lifts and extend southeast, perpendicular to the run of the channel, terminating
approximately 70 feet inside of the Army Corps Federal Channel Setback along the AIWW. The
proposed dredging will disturb approximately 8,750 sq. ft. of shallow bottom area, resulting in
the removal of approximately 972 cu. yds. of shallow bottom habitat.

Dredging will be performed using the "bucket to barge" method, and once loaded onto the
barge, the vessel will transport and offload the material at 43 Causeway Drive, located just over
the bridge on Ocean Isle Beach, NC. The disposal area is the site of two active projects (GP-
77599 and State Permit# 33-19). The spoil material will be offloaded from the barge and
contained within silt fencing a minimum of 30 feet from Coastal Wetlands.

The permit authorization will be for a one-time dredging event.

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:

Special Conditions

1. All work authorized by this permit must be performed in strict compliance with the
submitted plans dated March 10 and April 23, 2021, 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. No dredging may occur during the moratorium period from April 1st to July 31st.
4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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 Division, telephone [phone].

Sincerely,

Greg Currey, Project Manager
Wilmington Regulatory Field Office

Attachment:

Copies Furnished by email with attachment:

Mr. Paul Wojoski
Division of Water Resources
North Carolina Department of Environmental Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

Ms. Tara MacPherson
Mr. Gregg Bodnar
North Carolina Department of
Environmental Quality
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726

Mr. Fritz Rohde
Ms. Twyla Cheatwood
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 285l6

Dr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110

Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960

Ms. Holley Snider
Division of Water Resources
North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405