20210805 Ver 1_USACE Permit_20210824

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
August 24, 2021
Regulatory Division
Action ID No. SAW 2021-00967
Barrett McMullan
4425 Brantley Circle SW
Shallotte, NC 28470
Dear Mr. McMullan,
Reference your application for a Department of the Army permit 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 ft. 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 with silt fencing a minimum of 30 feet from
Coastal Wetlands.
This permit authorization will be for a one-time dredging event.
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

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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 and drawings, 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 31 st.
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.

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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 Branch, telephone [phone] or email
[e-mail].
Sincerely,
Gregory E Digitally signed by
E. Gregory E. Currey
Currey Date: 2021.08.24
16:52:53 -04'00'
Greg Currey, Project Manager
Wilmington Regulatory Field Office
Enclosures:
Plans
CAMA permit
Manatee Guidelines
GP 291 conditions

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Copies Furnished by email (with 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. Gregg Bodnar
NCDEP/DCM; Mr. Brendan Brock
NCDEQ/DWR; Mr. Paul Wojoski
USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews
USEPA; Mr. Todd Allen Bowers
USCG; BOSN3 Mr. Paul Bertram

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
http://www. saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
General Permit No.
Name of Permittee:
Effective Date:
Expiration Date:
198000291
General Public
January 01, 2017
December 31, 2021
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to do work in or affecting navigable waters of the United States and waters of
the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the
Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act
(33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL
COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA
IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR
A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY
CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL
AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER
REGIONAL GENERAL PERMIT.
Operating Procedures
a. Applications for joint state and federal authorization under this programmatic general
permit will be accepted through the North Carolina Division of Coastal Management (NCDCM).
Receipt of a complete application by the NCDCM will initiate the State's field review that will
include a site visit and preparation of a Field Investigation Report and a state Bio-Report. The
NCDCM will forward a copy of the complete application, its Field Investigation Report and its
Bio-Report, to the appropriate Corps of Engineers field office, thereby initiating federal review of
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the project. The Corps, upon receipt of an application, will immediately assign an action
identification number, acknowledge receipt thereof, and examine the application to assure that it
can be processed pursuant to this programmatic general permit. The applicant and the NCDCM
will be furnished written notification of the Corps' determination. Notification to the applicant
will include a brief description of the administrative process.
b. For those proposals that may result in a discharge into waters of the United States,
including wetlands, the North Carolina Division of Water Resources (NCDWR) and the
applicant will be informed regarding the applicant's need to obtain a Water Quality Certification
in accordance with section 401 of the Clean Water Act.
c. If, at any time, the Corps determines that a proposed activity is eligible for
authorization under another regional general permit (RGP) or a nationwide permit (NWP), this
procedure may be terminated and the activity authorized pursuant to the terms and conditions of
the appropriate RGP or NWP.
d. The permit review process conducted by the NCDCM is a public process involving
publication of public notices in local newspapers, public hearings, and various public appeal
procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed
necessary for compliance with appropriate laws, regulation and guidance.
e. This general permit does not, in any way, alter established procedures or
responsibilities, as required by federal laws, memoranda of agreements (MOA's) or
administrative regulations, with respect to the Corps' coordination with appropriate review
agencies. The applicant will continue to have the opportunity to rebut any objections to a
proposal.
f. The Corps will provide copies of the application and plans, the NCDCM's Field
Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS),
the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency
(EPA), and any other federal agency that the Corps determines to be a necessary review agency
(collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies'
review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to
provide the Corps with their comments and recommendations, including any proposed permit
special conditions and recommendations of denial. The Corps may grant extensions of time for
Federal Agency review if justified by unusual circumstances. If an extension is granted that
would substantially delay an NCDCM decision, the application may be removed from this
general permit process.
g. The Corps will receive and review all Federal Agency comments as well as any
applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will
prepare a coordinated federal position incorporating all Federal Agency comments, including
proposed permit special conditions and any recommendations for denial. The Corps will
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typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of
the complete application, and copies of the Field Investigation Report and Bio-Report.
h. If the Corps does not concur with a Federal Agency's comments or recommendations,
the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to
resolve the issue may include initiating the referral procedures outlined by current memoranda of
agreement (MOA's) between the Department of the Army and the agency. No coordinated
federal position will be furnished to the NCDCM until and unless the Corps receives written
agreement from the Federal Agency that all issues have been resolved to the satisfaction of that
agency.
i. If any of the recommendations and/or conditions included in the coordinated federal
position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10)
days of receipt of the coordinated federal position and attempt to resolve the conflict. If
resolution of the conflict involves changes to the conditions or recommendations provided by the
Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is
resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit
will be issued and the authority of this general permit will apply.
j. If a Federal Agency conflict is not resolved within the time necessary for a decision by
the NCDCM, the NCDCM may proceed, independently, to conclude the state action without
inclusion of the federal position. In such case, the applicant and the NCDCM will be notified
immediately, in writing, that the state permit does not satisfy the federal permit requirements and
that the proposal in question may not proceed without federal authorization.
k. If the coordinated federal position is not in conflict with state agencies' positions, law,
regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the
NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of
the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section
401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not
confirm the authorization of a proposed project under this General Permit until the issuance of
the NCDCM permit and, if required, the Section 401 Water Quality Certification.
1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the
applicant will be informed that federal authorization is denied without prejudice.
m. No work may proceed under this general permit until the Wilmington District
Engineer or his representative provides written verification that the procedures and conditions of
the general permit have been satisfied.
n. The NCDCM and the Corps will monitor all permitted work and periodically inspect
projects for compliance with permit conditions and applicable state and federal regulations. If
any violation of the NCDCM permit is discovered which would also constitute a violation of the
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federal position, both the NCDCM and the Corps, in accordance with their respective regulations
and policies, may take enforcement action.
o. This general permit will not be used to authorize an activity when the Wilmington
District Engineer determines that the proposed activity would significantly affect the quality of
the human environment and therefore require preparation of an Environmental Impact Statement
(EIS).
General Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways will be
constructed in accordance with the latest setback criteria established by the Wilmington District
Engineer. You may review the setback policy at
http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This general permit does
not authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The permittee must
obtain approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Except as authorized by this general permit or any Corps approved modification to this
general 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.
c. Authorization under this general permit does not obviate the need to obtain other
federal, state, or local authorizations.
d. All work authorized by this general permit must comply with the terms and conditions
of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit
issued by the North Carolina Division of Water Resources.
e. 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 113A Article 4).
f. The activities authorized by this general permit 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
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the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for a reason other than safety.
g. 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/her 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 Corps , 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 or alteration.
h. The permittee, upon receipt of a notice of revocation of the permit for the verified
individual activity, may apply for an individual permit, or will, without expense to the United
States and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the United States to its former conditions.
i. This General Permit does not authorize any activity that would conflict with a federal
project's congressionally authorized purposes, established limitations or restrictions, or limit an
agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of the
Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to
take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move,
injure, or obstruct a federally constructed work or project, including, but not limited to, levees,
dams, jettys, navigation channels, borrow areas, dredged material disposal sites, flood control
projects, etc., shall be permitted unless the project has been reviewed and approved by the
appropriate Corps approval authority.
j. The permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging or other work within the
right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: [e-mail].
k. The permittee will allow the Wilmington District Engineer or his/her representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
1. This general permit does not grant any property rights or exclusive privileges.
m. This general permit does not authorize any injury to the property or rights of others.
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n. This general permit does not authorize the interference with any existing or proposed
federal project.
o. In issuing this general permit, the Federal Government does not assume any liability
for the following:
(1) Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this general permit.
(4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this general permit.
p. Authorization provided by this general permit may be modified, suspended or revoked
in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army,
determines that such action would be in the best public interest. The term of this general permit
shall be five (5) years unless subject to modification, suspension or revocation. Any
modification, suspension or revocation of this authorization will not be the basis for any claim
for damages against the United States Government.
q. No activity may occur in a component of the National Wild and Scenic Rivers System,
or in a river officially designated by Congress as a "study river" for possible inclusion in the
system while the river is in an official study status, unless the appropriate Federal agency with
direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic designation or study status. Information on
Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency
responsible for the designated Wild and Scenic River or "study river" (e.g., National Park
Service, U.S. Forest Service, etc.)
r. This general permit does not authorize any activity within, or directly affecting, a
marine sanctuary established by the Secretary of Commerce under authority of Section 302 of the
Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the
Corps with a certification from the Secretary of Commerce that the proposed activity is
consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act.
Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN.
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Permittees may not begin work until they provide the Corps with a written certification from the
Department of Commerce.
s. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and its
codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the
Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation
Act, the activity is not authorized, until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by
the Corps that the requirements of the NHPA have been satisfied and that the activity is
authorized.
t. If you discover any previously unknown historic, cultural or archeological remains and
artifacts while accomplishing the activity authorized by this general permit, you must
immediately notify the Wilmington District Engineer of what you have found, and to the
maximum extent practicable, avoid construction activities that may affect the remains and
artifacts until the required coordination has been completed. The Wilmington District Engineer
will initiate the Federal, tribal and state coordination required to determine if the items or
remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
u. No activity is authorized under this general permit which is likely to directly or
indirectly jeopardize the continued existence of a threatened or endangered species or a species
proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or
which will directly or indirectly destroy or adversely modify the critical habitat of such species.
No activity is authorized under any NWP which "may affect" a listed species or critical habitat,
unless Section 7 consultation addressing the effects of the proposed activity has been completed.
Information on threatened and endangered species and their critical habitat can be obtained
directly from the Corps field offices, the USFWS field offices or at the following web addresses:
http://www.fws.gov/ or http://www.fws.gov/ipac/ or http://www.noaa.gov/fisheries.html .
Permittees may not begin work until notified by the Corps that the requirements of the
Endangered Species Act have been satisfied and that the activity is authorized.
v. If the permittee discovers or observes any live, damaged, injured or dead individual of
an endangered or threatened species during construction, the permittee shall immediately notify
the Wilmington District Engineer so that required coordination can be initiated with the U.S.
Fish and Wildlife Service and/or National Marine Fisheries Service.
w. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This general permit does
not authorize any activity prohibited by the National Flood Insurance Program.
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x. The permittee must install and maintain, at his/her 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 Coast Guard Sector North
Carolina at [phone] or email Coast Guard Fifth District at [e-mail].
y. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be
installed and maintained by and at the expense of the permittee.
z. It is possible that an authorized structure may be damaged by wavewash from passing
vessels. The issuance of this general permit does not relieve the permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats. The
permittee will not hold the United States liable for any such damage.
aa. Structures and their attendant utilities, authorized by this general permit, located on
lands subject to an easement in favor of the United States for the operation, maintenance,
improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed
at the expense of the permittee, in the event that, in the judgment of the Corps acting on behalf
of the United States, the lands are needed at any time for any purpose within the scope of the
easement. Permanent buildings will not be constructed within the easement.
bb. The permittee must maintain any structure or work authorized by this general permit
in good condition and in conformance with the terms and conditions of this general permit. The
Permittee is not relieved of this requirement if the Permittee abandons the structure or work.
Transfer in fee simple of the work authorized by this general permit will automatically transfer
this general permit to the property's new owner, with all of the rights and responsibilities
enumerated herein. The permittee must inform any subsequent owner of all activities undertaken
under the authority of this general permit and provide the subsequent owner with a copy of the
terms and conditions of this general permit.
cc. At his/her sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this general permit will not be applicable to a specific
proposal. In such case, the procedures for processing an individual permit in accordance with 33
CFR 325 will be available.
dd. Except as authorized by this general permit or any Corps approved modification to
this general 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.
ee. Except as authorized by this general permit or any Corps approved modification to
this general permit, all excavated material will be disposed of in approved upland disposal areas.
ff. Activities which have commenced (i.e., are under construction) or are under contract
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to commence in reliance upon this general permit will remain authorized provided the activity is
completed within twelve months of the date of the general permit's expiration, modification, or
revocation. Activities completed under the authorization of this general permit that were in
effect at the time the activity was completed continue to be authorized by the general permit
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
FOR THE COMMANDER:
Scott McLendon
Chief, Regulatory Division
Wilmington District
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