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HomeMy WebLinkAbout20010043 Ver 3_USACE Permit_20221214DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 December 14, 2022 Regulatory Division Action ID No. SAW 2001-00324 Masonboro Harbour Homeowners Association Attn: William Kelsey 5149 Masonboro Harbour Drive Wilmington, NC 28409 Dear Mr. Kelsey: Reference your application for a Department of the Army permit to conduct maintenance dredging in a marina basin, an "inner access channel" and in an outer "entrance" channel to the AIWW at the Masonboro Harbour Subdivision southeast of Wilmington, New Hanover County, North Carolina. The proposal is to dredge the above waterbodies to a final depth of — 5 Mean Low Water Level (MLW) via the "bucket to barge" method to connect to the AIWW at its connecting depth of -5 MLW. The dimensions of the outer "entrance" channel is 425 feet by 30 feet, of the "inner" access channel 595 feet by 20 feet and of the upland basin 265 feet by 190 feet. The proposal is also to use the Shore Acres Disposal Island at Shinn Creek for spoil placement. The proposed maintenance dredging will disturb approximately 63,170 square feet of bottom substrate within the previously authorized footprint of the existing basin, canal, and access channel. This dredging will generate approximately 4,695 cubic yards of spoil material. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process, via Regional 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, RGP-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. -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: 2022.12.14 14:17:31 -05'00' Greg Currey, Project Manager Wilmington Regulatory Field Office Enclosures: Plans Manatee Guidelines GP 291 conditions 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. Cameron Luck NCDEQ/DCM; Ms. Amanda Cannon USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews USEPA; Mr. Todd Allen Bowers USCG; BOSN3 Mr. Ryan Doody -2- Special Conditions 1. All work authorized by this permit must be performed in strict compliance with the submitted plans, dated April 13, 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. 2. Prior to the initiation of dredging activities, permission must be obtained from the owner(s) of the Shore Acres Disposal Island site to utilize this dredged material disposal site. 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. 8. 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. 9. 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. TI Coastal Services, Inc. 387-B N. Green Meadows Drive Wilmington, NC 28405 910.821.1358 Vertical Datum Conversion MHW NAVD69 MLW pe NOAA VDatum (NC Inland Waterways) 1DD u N Vfll 411 1l Gay. PINE VALLEY' gym: eC P lay rto iON' V D�•en 1 S ,ehry, yew 1e G V rqr.: as a•ni •e •NNN NEW HANOVER COUNTY, NC SILVER LAKE o-a 1`e�a va111e !„ MYRtLE. GROVE MYRTLE GROVE JUNCTION 621 Lealgh RJ UMleaQ Ai MASONBORO HARBOUR LOCATIIQN MAP: Not To Scale MASONBORO HARBOUR MAINTENANCE DREDGING PROJECT New Hanover County, North Carolina PERMIT DRAWING PLAN VIEW - LOCATION MAPS & PROJECT AREA ISLAND Graphic Scale 0 150' 300' 600' Scale: 1" c 600' RECEIVED APR 13202? DCM WILMINGTON. N Notes: 1. Horizontal Datum: NC State Plane -Zone 3200, NAD83, U.S. Survey Feet 2. Vertical Datum: Mean Low Water (MLW), U.S. Survey Feet 3. Aerial Photos: NC OneMap - 2020 DWG NAME: 220413 Masonboro Harbour Permit Drawing.dwg DWG DATE: 4/13/2022 SCALE: 1" s 600' SURVEY DATE: N/A SHEET: 1 OF 3 CENTERLINE ( Masonboro Harbour GREEN): urrent Depth = -3.0' MLW roject Depth = -5.0' MLW xcavation Area = 25,210 sq ft cavatlon Volume = 1 870 Cubic Yards (CY) MHW LINE r(At BulkheadlSeawalls TYP. SECTION BASIN & SLIPS TI Coastal Services, Inc. 387-6 N. Green Meadows Drive Wilmington, NC 28405 910.821.1358 / //2►//fir/////AOVA l' /////////.//// // /• tp 4 38 iN /VIDUAL SLiP (1 A , A.. Current Depth = "-3.0' MLW Project Depth = -5.0' MLW Excavation Area = 13,150 sq ft Excavation Volume = 975 Cubic Yards (CY) Vertical Datum Conversion MMW NAVn86 MLW pp rNOAA VDatum (NC Inland Waterways) ` CHANNEL (BLUE): Current Depth = —3.0' MLW Project Depth = -5.0' MLW 'Excavation Area = 12,060 sq ft Excavation Volume = 900 Cubic Yards C PROJECT TOTALS: Excavation Area Total: 63,170 sq ft Proposed Material Removed: 4,695 CY MASONBORO HARBOUR MAINTENANCE DREDGING PROJECT New Hanover County, North Carolina ENTRANCE CHANNEL (CYAN): Current Depth = --3.0' MLW Project Depth = -5.0' MLW excavation Area = 12,750 sq ft Excavation Volume = 950 Cubic Yards (CY) PERMIT DRAWING PLAN VIEW - DREDGE BOUNDARIES, AREAS AND VOLUMES Graphic Scale 0' 25' 50' 100' Stele: 1" = 100 -Channel Markel"a N _---30--CENTERLINE457 (N \--Channel Marke APR 1. 3 7(l'I_>. Dem W!LMiNGT0N, Nlt_1 Notes: 1. Horizontal Datum: NC State Plane - Zone 3200, NAD83, U.S. Survey Feet 2. Vertical Datum: Mean Low Water (MLW), U.S. Survey Feet; Conversions from NOAA VDatum. 3. Aerial Photos: NC OneMap - 2020 4. Existing depths and dredge boundaries rovided by Masonboro Harbour representative. 5. Areas calculated using the coordinate method. 6. Mean High Water Line (MHW Line) Iota ed on vertical face of bulkheads/seawalls. /. Soundings and contours from USACE survey dated 8/6/21 and are referenced to MLLW. 8. Approx Daylight line at -5' MLW measured on 4/12/22 by HOA representative. DWG NAME: 220413 Masonboro Harbour Permit Drawing.dwg DWG DATE: 4/13/2022 SURVEY DATE: N/A SCALE: 1" = 100' SHEET: 2 OF 3 ic4 -40.0 +10.0 +5.0 on 5.0 •10.0 TYPICAL SECTION - ENTRANCE CHANNEL -30.0 -20.0 -10.0 00 10.0 20.0 30.0 40.0 +10.0 +5.0 o.o 5.0 10.0 _ 1 1 r 1 I 1 1 I 1 I r I 1 I I I I I I _ CL I I I I I I I I I I I I r 1 I 1 1 1 1_ _ _14EAd111GH1NAIt --MEAd.1.4UIATE3_._•_-_•_•_•_._-_._•_._ - EXISTING GRADE (Estimated) _-_-_--._._._ 1dF.ANIHISitlYNktz_ ._-_-_._...110.1.0109TFdt_ "/ - FINAL GRADE IProuosedl 50 �j,AlAVATIIO (AARREAA j/ _ I l I l I 1 1 1 1 1 i 1 - 1 1 1 i 1 i 1 1 1 i r l I+ 3 1 I I r i i 1 )' i r i 1 1 1 i DBL 20.0 Fl:ln Depth 10.00 Fl:ln -40.0 +10.0 +5.0 on -5.0 -10.0 TYPICAL SECTION - INNER CHANNEL -30.0 -20.0 -10.0 0.0 10.0 20.0 30.0 40.0 +10.0 +5,0 0.0 5.0 10.0 _ I I I I I I I I t 1 1 1 1 1 1 1 tit Cl 1 1 1 1 I 1 1 1 1 I r 1 r 1 I 1 1 r 1_ __D1EBN111GHtVAftR .56JdtAPI _ z -.MEA(�.L44Y.VfAIEL._._._. m EXISTING GRADE (Est ) _._._._._._._ _._._._._._._ HGtlY(A1kB_ - m ._._._..16.AN.L01Y9YBTkR_ - FINAL GRADE (Pl000sedl /EXCAVATION �ii it ii AREA /./ it - _ 11. l 1 1 i 1 i 1 1 1 1 -5.0 !Him I I _- i i I i i i i 1 i i 1 r 2D' -�j 1 1 1 1 II DBL 20.0 Et:In Depth 10.00 Fl:ln -180.0 + 10.0 +5.0 0.0 -5.0 -10.0 TYPICAL SECTION • MARINA BASIN & SLIPS -170.0 -160.0 -150.0 -140.0 -130.0 -120.0 -110.0 -100.0 -90.0 -80.0 -70.0 -60.0 -50.0 -40.0 -30.0 -20.0 -10.0 0.0 10.0 20.0 30.0 40.0 +10.0 '5.0 5.0 10.0 I I t l 1 1 1 1 1 1 _ I I - 0 1 1I 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 11 1 I 1 1 1 1 I I 1 1 1 1 1 1 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 I I I I I I I I I I I I I I I I I I DL 11 I 1 1 1 1 1 1 1 I I 1 1 1 1 1 1 I _ _ MkA I.1-niN'AIkR m z -A1E1�J4Y�YJAIEfi_•_._._. 5 EXISTING GRAf1F(FU) j!!/!!/1/l/l1!!/lU!/Uijj!!1/l/!///I11JUl/!//!L!C/UCiiAn0�4RFjA�j DISTANCE ._._ 6.0 JdkAPCHtGtl B= �cg I r I 1 1 1 1 GRADE (Proposed) 5,0 -FINAI - 11 1 1 1 I 1 1 1 1 I i VARIES r MAX DISTANCE: 1 190' I I 1 t i 1 t 1 i I i t 1 1 I i 1 I 1 1 1 1 1 i I I i L i 1 1 I 1 i I i 1 1 i 1 r 1 1 i 1 1 1 1 I r i I 1 i I I i 1 i i I I 1 i I t i 1 i t r 1 1 1 1 1 1 1 1 1 1 1 i t i I 1 1 DBL 20.0 FI:In Depth 10.00 FLIn RECEIVED APR 1 3 2022 DCM WILMINGTON, NC Tl Coastal Services, Inc. 387-8 N. Green Meadows Drive Wilmington, NC 28405 910.821.1358 Vertleal Datum Conversion MHW NAY088 MLW per NOAA VDalum (NC Inland Waterways) MASONBORO HARBOUR MAINTENANCE DREDGING PROJECT New Hanover County, North Carolina PERMIT DRAWING PROFILE VIEW - TYPICAL CROSS SECTIONS Graphic Scales Hark. Scale: 1" = 20' 0' 5' 10' 20' 10' Vert. Scale: 1". 10' Notes: 1. Horizontal Datum: NC State Plane - Zone 3200, NA083, U.S. Survey Feet 2. Vertical Datum: Mean Low Water (MLW), U.S. Survey Feet 3. Vertical Datum conversions from NOAA VDalum 4. Existing depths and dredge boundaries provided by Masonboro Harbour representative. 5. Typical cross sections sketches generated from boundaries defined in plan view and are referenced to channel centerline. 6. Existing bulkheads and concrete wall are estimated positions from channel centerline, and do not depict the actual height or width. DWG NAME: 220413 Masonboro Harbour Permit Drawing,dwg DWG DATE: 4/13/2022 SURVEY DATE: N/A SCALE: As Shown SHEET: 3 OF 3 • o 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. 198000291 Name of Peiiiiittee: General Public Effective Date: January 01, 2022 Expiration Date: December 31, 2026 DEPARTMENT OF THE ARMY REGIONAL GENERAL PERMIT (RGP) A RGP to do work in or affecting navigable waters of the U.S. and waters of the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S 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 U.S., upon and Harbors Act .C. 1344), is 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 RGP. Operating Procedures a. Applications for joint state and federal authorization under this programmatic RGP 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 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 RGP. 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 U.S., including wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be infoiuied 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 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 RGP 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 RGP 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 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 RGP 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 peiinit 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 RGP 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 RGP until the Wilmington District Engineer or his representative provides written verification that the procedures and conditions of the RGP 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 federal position, both the NCDCM and the Corps, in accordance with their respective regulations and policies, may take enforcement action. o. This RGP 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 RGP 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 RGP or any Corps approved modification to this RGP, 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 peiinit 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 RGP does not obviate the need to obtain other federal, state, or local authorizations. d. All work authorized by this RGP must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this RGP 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 peiuiit 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 RGP must not interfere with the public's right to free navigation on all navigable waters of the U.S. 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 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 peewit 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 US to its former conditions. i. This RGP 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, jetties, 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: SAWWeb-NAV@usace.army.mil. 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 RGP does not grant any property rights or exclusive privileges. m. This RGP does not authorize any injury to the property or rights of others. n. This RGP does not authorize the interference with any existing or proposed federal project. o. In issuing this RGP, 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 RGP. (4) Design or construction deficiencies associated with the permitted work. (5) Damage claims associated with any future modification, suspension, or revocation of this RGP. p. Authorization provided by this RGP 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 RGP 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 RGP 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. 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 deteiiiiines 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 RGP, 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. Endangered Species. (1) No activity is authorized under this RGP which is likely to jeopardize the continued existence of a threatened or endangered species directly or indirectly 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 this RGP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (2) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal prospective Permittees (and when FHWA is the lead federal agency) must provide the District Engineer with the appropriate documentation to demonstrate compliance with those requirements. The District Engineer will review the documentation and deteiniine whether it is sufficient to address ESA compliance for the RGP activity, or whether additional ESA consultation is necessary. (3) As a result of formal or informal consultation with the U.S. Fish and Wildlife Service (USFWS) or NMFS, the District Engineer may add species -specific endangered species conditions to the RGP verification letter for a project. (4) Authorization of an activity by a RGP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the USFWS or the NMFS, the ESA prohibits any person subject to the jurisdiction of the U.S. to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. (5) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the USFWS in Raleigh, North Carolina at the address provided below, or from the USFWS and NMFS via their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. The Raleigh USFWS Office covers all NC counties east of, and including, Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties. US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 (6) The Wilmington District, USFWS, NCDOT, and the FHWA have conducted programmatic Section 7(a)(2) consultation for a number of federally listed species and habitat, and programmatic consultation concerning other federally listed species and/or habitat may occur in the future. The result of completed programmatic consultation is a Programmatic Biological Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" of whichever species or critical habitat is covered by a specific PBO. Authorization under this RGP is conditional upon the Permittee's compliance with all the mandatory terms and conditions associated with incidental take of the applicable PBO (or PBOs), which are incorporated by reference in this RGP. Failure to comply with the terms and conditions associated with incidental take of an applicable PBO, where a take of the federally listed species occurs, would constitute an unauthorized take by the Permittee, and would also constitute Permittee non-compliance with the authorization under this RGP. If the terms and conditions of a specific PBO (or PBOs) apply to a project, the Corps will include this/these requirements in any RGP verification that may be issued for a project. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its PBO, and with the ESA. (7) Northern long-eared bat (NLEB) (Myotis septentrionalis). Standard Local Operating Procedures for Endangered Species (SLOPES) for the NLEB have been approved by the Corps and the U.S. Fish and Wildlife Service. See http://www. saw.usace. army.mil/Missions/Regulatory-Permit-Program/Agency- Coordination/ESA/. This SLOPES details how the Corps will make determinations of effect to the NLEB when the Corps is the lead federal agency for an NCDOT project that is located in the western 41 counties of North Carolina. This SLOPES do not address NCDOT projects (either federal or state funded) in the eastern 59 counties in North Carolina. Note that if another federal agency is the lead federal agency for a project in the western 41 counties, procedures for satisfying the requirements of Section 7(a)(2) of the ESA will be dictated by that agency and will not be applicable for consideration under the SLOPES; however, information that demonstrates the lead federal agency's (if other than the Corps) compliance with Section 7(a)(2) / 4(d) Rule for the NLEB, will be required in the PCN. Note that at the time of issuance of this RGP, the federal listing status of the NLEB as "Threatened" is being litigated at the National level. If, as a result of litigation, the NLEB is federally listed as "Endangered", this general condition ("s") will no longer be applicable because the 4(d) Rule, and this NLEB SLOPES, will no longer apply/be valid. (8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant 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 https://wvvw.fws.gov/raleigh/pdfs/ManateeGuidelines20 1 7.pdf (9) 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. v. 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 RGP does not authorize any activity prohibited by the National Flood Insurance Program. w. The Pennittee 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 (910) 772-2191 or email Coast Guard Fifth District at cgd5waterwaysAuscg.mil. x. 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. y. It is possible that an authorized structure may be damaged by wave wash from passing vessels. The issuance of this RGP 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. z. Structures and their attendant utilities, authorized by this RGP, 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. aa. The Permittee must maintain any structure or work authorized by this RGP in good condition and in conformance with the terms and conditions of this RGP. 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 RGP will automatically transfer this RGP to the property's new owner, with all of the rights and responsibilities enumerated herein. The Permittee must inforrii any subsequent owner of all activities undertaken under the authority of this RGP and provide the subsequent owner with a copy of the terms and conditions of this RGP. bb. At his/her sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this RGP 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. cc. Except as authorized by this RGP or any Corps approved modification to this RGP, 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. dd Except as authorized by this RGP or any Corps approved modification to this RGP, all excavated material will be disposed of in approved upland disposal areas. ee. Activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon this RGP will remain authorized provided the activity is completed within twelve months of the date of the RGP's expiration, modification, or revocation. Activities completed under the authorization of this RGP that were in effect at the time the activity was completed continue to be authorized by the RGP. BY AUTHORITY OF THE SECRETARY OF THE ARMY: ami A. Bennett Colonel, U.S. Army District Commander United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally -listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measures will allow in -water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1 The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water -related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919-856-4520), the National Marine Fisheries Service (ph. 252- 728-8762), and the North Carolina Wildlife Resources Commission (ph. 252-448-1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520), the National Marine Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252- 448-1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field Office. 7. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 02/2017): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-4520 2 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re- evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. 3 Permit Class NEW Permit Number 92-22 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission etmit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Masonboro Harbour HOA, 5149 Masonboro Harbour Dr., Wilmington, NC 28409 Authorizing development in New Hanover County at adj. to Myrtle Grove Sound, at the end of Masonboro Harbour Dr. , as requested in the permittee's application dated 12/19/21 (MP-1 & MP-2), including work plan drawings (3) Sheets 1-3 of 3, dated 4/13/22. This permit, issued on September 7, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) No excavation shall take place outside of the area indicated on the workplan drawings. 2) Excavation shall not exceed -5 feet below the mean low water. In no case shall the depth of excavation exceed the depth of connecting waters. 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4) No excavation shall take place within 10 feet of any Coastal Wetlands. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on September 7, 2027 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Masonboro Harbour HOA Permit No. 92-22 Page 2 of 3 ADDITIONAL CONDITIONS No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters outside of the alignment of the fill area indicated on the workplan drawing(s). In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 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 National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Dredge Material Disposal — Shore Acres Disposal Island No dredge material shall be placed within 30 feet of the normal high-water line, except that which will be used to backfill the area behind the permitted bulkhead, once properly dried. All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 10) The diked disposal area shall be constructed a sufficient distance from the normal high-water level or any marsh and sufficiently maintained to eliminate the possibility of dike erosion or dredge material deposition into surrounding wetlands or waters. 11) Dredge material from the authorized dredge footprint shall be dewatered before use as backfill. All remaining backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 12) The applicant shall provide the Division of Coastal Management with proof of permission to utilize the proposed dredge material disposal area prior to the commencement of any dredging activities. 13) The dredge material disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 14) In order to protect waters adjacent to the designated dredge material disposal site, the permittee shall provide the Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Section the dredge plan and the location of the dredge material disposal site prior to any dredging activity, so a swimming advisory or shellfish closure determination can be made, and documentation of this coordination provided to the Division of Coastal Management. 15) The permittee and/or their contractor shall take all necessary precautions to ensure that the dredge material is properly contained during transport to the disposal site, and that all the proper coordination has taken place with the local or state governments to ensure that any damage to public streets caused by transport of the dredge material has been addressed. Masonboro Harbour HOA Permit No. 92-22 Page 3 of 3 ADDITIONAL CONDITIONS Maintenance Clause 16) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for dredge material disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the dredge material disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Sedimentation and Erosion Control 17) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 18) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 19) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 20) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 21) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations required from the U.S. Army Corps of Engineers. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification 5021 and assigned the project DWR Project No. 2001-0043v3. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the mean high-water level. NOTE: An application processing fee of $475 was received by DCM for this project.