20140483 Ver 1_USACE Permit_20140707

4ly -OY93
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW- 2014 -00559 County: Pender State Permit#: 56 -14
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Mr. Harry Hardy �---- -- •,•y.vyz— °— -° 9 �° `�
North Carolina Division of Marine Fisheries�i/ y
3441 Arendell Street
L17
Morehead City, North Carolina 28557
Telephone Number: �) .14
Size (acres) 1.68 (178 total) :fit _ WfV R QUALITY
Nearest Waterway Atlantic Ocean �, & Sty mwat, Branch
Coordinates Latitude: 34.35028
Longitude: - 77.60305
Location description: The project area is located at the above described coordinates in the Atlantic Ocean, off
the coast of Pender County, North Carolina. More specifically, the bounding coordinates for Artificial Reef
360 are as follows:
Existing Reef - NE 34.20.980' / 77- 36.084'
SE 34.20.800' / 77.35.864'
SW *34.20.452' / 77.36.285'
NW 34.20.633' / 77o 36.497'
Proposed Reef - NE 34- 21.105 / 77o 36.182
SE 34- 20.811 / 77- 35.838
SW 34- 20.452 / 77- 36.285
NW 34- 20.746 / 77- 36.628
Description of projects area and activity: AR -360. This verification authorizes the discharge of fill material into
2,317 square feet (0.053 acres) of waters of the United States for the expansion of an artificial reef site known
as AR -360.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: GP 291
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with
the attached conditions and your submitted CAMA application and information dated April 19, 2014. Any
violation of the attached conditions or deviation from your submitted plans may subject- the permittee to a
stop work order, a restoration order, a Class I administrative penalty, and /or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is
modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the
authorization.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals /permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers
regulatory program, please contact Ronnie Smith at 910- 251 -4829 or by email at
ronnie.d.smith(Xusace.army.mil
Corps Regulatory Official: Ronnie Smith Date: July 2, 2014
Expiration Date of Verification: December 31, 2016

SAW- 2014 -00559
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ® There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date ofthis notification.,
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID: SAW -
Basis For Determination: The Atlantic Ocean is subject to the ebb and flow of the tide and is
used to transport interstate and foreign commerce and is a navigable water of the United States pursuant to
the policies and criteria found at 33 CFR 329.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for
the particular site identified in this request. The delineation/determination may not be valid for the wetland
conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or
anticipate participation in USDA programs, you should request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as
indicated in B and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object
to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you
request to appeal this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303 -8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
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SAW- 2014 -00559
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by
September 1, 2014.
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Ronme mith
Date of JD: July 2, 2014
Expiration Date of JD: July 2, 2019
The Wilmington District is committed to providing the highest level of support to the public. To helplus
ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
http: / /re ug latoa.usacesurvey.com/.
Enclosures:
GP 291 Conditions
CAMA Permit
Copy Furnished without Enclosures:
Mr. Jonathon Howell
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557 -3421
Mr. Jason Dail
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Joanne Steenhuis
North Carolina Department of
Environment and Natural Resources
Division of Water Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Fritz Rhode
3

SAW- 2014 -00559
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
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. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636 -3726
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, GA 30303 -8960
BOSN3 Joseph M. Edge
United States Coast Guard
Sector North Carolina Waterways Management
2301 E. Fort Macon Rd
Atlantic Beach, NC 28512
National Ocean Service
NOAA, Department of Commerce
3 Nautical Data Branch
N\CS26, Station 7316
1315 East -West Hwy., RM 7316
Silver Spring, Maryland 20910 -3282
4

National Geospatial - Intelligence Agency
7500 GEOINT Drive
Springfield, Virginia 22150
Assistant Secretary of the Army
Manpower and Reserve Affairs
ASA (IL &E)
110 Army Pentagon
Washington, D.C. 20310 -50110
Director
Southeast Region
National Marine Fisheries Service
263 13th Avenue South
St. Petersburg, Florida 33701
National Marine Fisheries Service
1315 East -West Highway
Silver Spring, Maryland 20910

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
REPLY TO
ATTENTION OF June 24, 2014
Regulatory Division
Action ID No. SAW - 2014 -00559
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:
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V7 I — U
JUN 2 7 2014
D„ 14R -_ WA EP. QUALITY
Reference the application of North Carolina Division of Marine Fisheries to expand
Artificial Reef (AR) 360 off of the coast of 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. Construction shall not proceed until the North Carolina Division of Marine Fisheries
(NCDMF) has obtained approval from the Fifth U.S. Coast Guard District, Portsmouth, Virginia,
for the location and clearance depth and all necessary navigational aid permits required by thre
U.S. Coast Guard and furnished copies to the Wilmington District.
2. All material placed to construct reefs will be selected and placed so as to avoid the
movement of reef materials due to sea conditions or currents. The permittee will be responsible
for any materials which are moved by sea conditions or which break loose from reefs or fish
attractors, and the permittee will be responsible for any damage caused by such materials.
3. All materials used for construction of reefs or fish attractors will be clean and free of
petroleum and other hydrocarbons (oil, grease, asphalt and creosote), toxic residues (mercury,
cadmium and lead) and loose, free floating material and other deleterious substances and/or in
compliance with criteria established by the U.S. Environmental Protection Agency (EPA).

IPA
4. The North Carolina Division of Marine Fisheries (NCDMF) will be responsible for
maintaining any clearance above the reef or attractor device required by the U.S. Coast Guard,
the Corps of Engineers and/or any other appropriate regulatory agency.
5. This permit does not authorize the placement of material within any rock
outcroppings/ hard bottoms.
6. The permittee will notify the NOAA/National Ocean Service, in writing, at least two
weeks before work begins and upon completion of the work. Their email address is
ocs.ndbknoaa .gov and their mailings address is: Department of Commerce, NOAA, Nautical
Data Branch, N /CS261, Station 7331, 1315 East -West Highway, Silver Spring, MD 20910.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.

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12. 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.
13. 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.
14. 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).
15. 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.
16. 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.
17. - 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.

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Questions or comments may be addressed to Mr. Ronnie Smith, Wilmington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
Ronnie Smith, Project Manager
Wilmington Regulatory Field Office
Copy 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. Jonathan Howell
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
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

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Mr. Todd Allen Bowers
USEPA 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 Road
Atlantic Beach, North Carolina 28512
Ms. Debra Wilson
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Joanne Steenhuis
Division of Water Resources
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405