M-0540-A Living Shoreline RGP-291

IN REPLY REFER TO
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
2407 West 5th Street Washington, North Carolina 27889
July 18, 2022
Action ID No. SAW-2020-00406

Ms. Cathy Brittingham
Division of Coastal Management
North Carolina Department of Environmental Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Dear Ms. Brittingham:
Reference the application of the North Carolina Department of Transportation, (NCDOT)
for a Department of the Army permit to protect the roadway shoulder/shoreline to construct a living
shoreline project, associated with stabilization of the NC-24 causeway between Cape Carteret,
Carteret County and the Town of Swansboro, in Onslow 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:

A. All work authorized by this permit must be performed in strict compliance with the
attached plans dated April 11, 2022, 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.

B. 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.

C. The Permittee shall install and maintain, at his expense, any safety lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. It
is recommended, at a minimum, the completed structure be equipped with reflective structures
on both ends to ensure safe navigation within the vicinity of the structure.

D. The Permittee shall notify the National Ocean Service (NOS) and the Corps, in writing,
at least two (2) weeks before beginning work and upon completion of the authorized work. The
notification of completion shall include a drawing which certifies the location and configuration
of the completed activity (a certified permit drawing may be used). This information must be
provided within 30 days of completion of the authorized work. Notifications to NOS shall be
sent to the following address: 1315 East West Highway, Silver Spring, Maryland 20910.

E. 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 reasons other than safety.

F. It is possible that the authorized structure may be damaged by wave wash from passing
vessels or storm driven erosion and/or over wash. The issuance of this permit does not relieve
the Permittee from taking all proper steps to ensure the continued integrity of the permitted
structure and the safety of the navigating public. The Permittee will not hold the United States
liable for any such damage.

G. 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.

H. The permittee will adhere to the Submerged Aquatic Vegetation (SAV)
Monitoring Plan, Version 3, dated May 4, 2022 (attached) with the following
modification to the “Section 4 Proposed Mitigation and Monitoring Plan” found on
page 9:
-The post construction monitoring period for will be for 5 years (instead of
the proposed 2 years) to establish whether the success criteria have been met. The
SAV success criteria is outlined in Appendix 1 and 2 attached to the above
referenced document.
-Ecosystem functional uplift of oyster recruitment and marsh coverage will
be monitored as detailed in the following documents:
-Oysters growing on structure (NC Coastal Federation monitoring
methodology) https://xfer.services.ncdot.gov/pdea/Temp/M-540%20SAV/
-Marsh habitat gained (NC Coastal Federation monitoring methodology)
https://xfer.services.ncdot.gov/pdea/Temp/M-540%20SAV/

I. 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.

J. 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 [phone],
Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.

K. 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.

L. 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.

M. 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.

N. 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 turbidity curtains, 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).

O. 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.

P. 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.

Q. 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 Mr. Thomas Steffens Washington Field Office,
Regulatory Division, telephone [phone].

Sincerely,

Monte Matthews
Lead Project Manager
US Army Corps of Engineers

E-Copies Furnished:

Ms. Amy Chapman
North Carolina Division of Water Quality, Transportation Unit
North Carolina Department of Environmental Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

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

Mr. Fritz Rhode
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 285l6

Pace Wilber, Ph.D.
South Atlantic and Caribbean Branch Chief
Habitat Conservation Division
NOAA Fisheries Service
331 Ft Johnson Road
Charleston, SC 29412

Mr. Chris Parker
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303

Mr. Garcy Ward
N.C. Division of Water Resources
North Carolina Department of Environmental Quality
948 Washing Square Mall
Washington, North Carolina 27889

Mr. Greg Daisey
Division of Coastal Management
North Carolina Department of Environmental Quality
401 South Griffin Street, Suite 300
Elizabeth City, North Carolina 27909