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HomeMy WebLinkAbout20211290 Ver 1_2017-02553 USACE Permit_20220314DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 March 14, 2022 Regulatory Division Action ID No. SAW 2017-02553 Willard Family Farm, LLC Attn: W. Martin Willard 7727 Masonboro Sound Road Wilmington, NC 28409 Dear Mr. Willard: Reference your application for a Department of the Army permit to conduct dredging in a man-made canal connected to the AIWW and in Waters adjacent to the AIWW. The dredging in the canal will occur at irregular widths (generally less than 30 feet) and the dredging width out into the AIWW will be 30 feet. Dredging will occur to a depth of -3 MLW. The total dredging area encompasses12,204 square feet with 1,793 cubic yards of sediment removed. The dredging will be conducted mechanically by a land based long reach excavator and a barge mounted excavator. Spoil will be disposed of on -site at an upland spoil disposal area. Secondly, a docking facility will be re -constructed and constructed into the AIWW totaling 2,224 square feet of shaded area. Finally, a 14 feet by 6 feet floating dock will be added to an existing dock in the man-made canal (Slip #2) and a boatlift will be added to another existing dock (Slip #3) in this canal. 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 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, 2026. -2- Questions or comments may be addressed to Greg Currey, Wilmington Field Office, Regulatory Branch, telephone 910-523-1151 or email Gregory.e.currey@usace.army.mil. Sincerely, Gregory Currey Digitally signed by Gregory Currey Date: 2022.03.14 13:04:39 -04'00' Greg Currey, Project Manager Wilmington Regulatory Field Office Enclosures: Plans CAMA permit Manatee Guidelines GP 291 conditions Electronic Copies Furnished (with enclosures): Mr. Adam Knierim (Maritech, LLC) 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. Gregg Bodnar NCDEQ/DCM; Mr. Cameron Luck NCDEQ/DCM; Mr. Bryan Hall NCDEQ/DWR; Mr. Rick Trone USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews USEPA; Mr. Todd Allen Bowers USCG; BOSN3 Mr. Paul Bertram -2- Special Conditions 1. All work authorized by this permit must be performed in strict compliance with the submitted plans dated June 14, 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. To minimize impacts to juvenile shrimp and finfish, no dredging will be allowed from the period of April lst to September 30th. 3. 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. 4. Work in wetlands is 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. 5. 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 (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 6. 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. 7. 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. -3- 8. 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.govinc-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.