HomeMy WebLinkAbout20120229 Ver 1_USACE Permit_20221123DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
July 27, 2021
Regulatory Division
Action ID No. SAW-2012-00408 and State Permit No. 38-12
Patrick and Laura Stoy
393 Howards Lane
Hampstead, North Carolina 28443
Dear Mr. and Mrs. Stoy,
Through coordination with the North Carolina Division of Coastal Management, we have
learned of your request to transfer Department of the Army (DA) permit originally issued to
Charles and Carolyn Wilson on March 6, 2012 to Patrick and Laura Stoy. This permit authorizes
dredging of an entrance channel to, and around, the existing docking facility at 393 Howards
Lane, adjacent to the AIWW, in Hampstead, Pender County, North Carolina..
The proposal continues to be consistent with the provisions and objectives of general permit
No. 1982000277 (enclosed). The permit is hereby transferred. It is understood that all other
conditions of your permit remain applicable and the permit will expire December 31, 2021.
Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory
Division, at telephone (910) 251-4049 or sarah.e.hair@usace.army.mil.
Sincerely,
Liz Hair, Project Manager
Wilmington Regulatory Field Office
Enclosures:
CAMA Permit
Manatee Guidelines
GP277 Conditions
Electronic Copy Furnished (without
enclosures):
NCDEQ/DCM; Mr. Gregg Bodnar
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
November 23, 2022
Regulatory Division
Action ID No. SAW-2012-00408 General Permit No. 1978000277
Patrick and Laura Stoy
33 Howards Lane
Hampstead North Carolina
pstoy(a,mcmortgagegroup.com
laurastoy719@gmail.com
Dear Mr. Stoy:
Through recent email correspondence with you, we have learned of your request to renew
the work associated with your Department of the Army (DA) permit issued on March 6, 2012, to
Charles Wilson, and subsequently transferred to you on July 7, 2021. This permit authorizes the
dredging of an entrance channel to and around, the existing docking facility at 393 Howards
Lane, adjacent to the AIWW, in Hampstead, Pender County, North Carolina.
On January 1, 2022, we renewed general permit No. 1978000277, (copy enclosed), that
authorizes the DREDGING AND THE DISCHARGE OF DREDGED OR FILL MATERIAL
INCLUDING THE CONSTRUCTION, BACKFILLING AND MAINTENANCE OF
BULKHEADS AND RIPRAP WITHIN MANMADE BASINS AND CANALS LOCATED
ENTIRELY IN UPLANDS AND TO AUTHORIZE MAINTENANCE DREDGING OF
DITCHES, BASINS, CANALS, AND CHANNELS IN OPEN WATER AREAS, WHERE ALL
EXCAVATED MATERIAL IS PLACED AND RETAINED ENTIRELY ON HIGH GROUND
in the State of North Carolina, pursuant to Section 10 of the Rivers and Harbors Act of 1899, and
section 404 of the Clean Water Act (U.S.C. 1344).
Your work is authorized provided it is accomplished in strict accordance with the attached
plans and the enclosed general conditions. The permit is hereby renewed. It is understood that all
conditions of your permit conditions remain applicable, and that the expiration date of your DA
permit is December 31, 2026.
Please read the enclosed permit to prevent an unintentional violation of Federal law. As
this Department of the Army regional general permit does not relieve you of the responsibility to
obtain any other required approvals, you should contact appropriate State and local agencies
before beginning work.
-2-
Thank you for your time and cooperation. If you have questions, please contact Liz Hair,
of the Wilmington Regulatory Field Office, by email sarah.e.hair@usace.army.mil , or by
telephone: (910) 251-4049.
Sincerely,
L', P/a'
Liz Hair, Project Manager
Wilmington Regulatory Field Office
Enclosure:
GP 277 conditions
Manatee Guidelines
CAMA Permit Transfer 38-12 dated April 27, 2021
Electronic Copy Furnished (without enclosures):
NCDEQ/DCM; Mr. Cameron Luck
NCDEQ/DWR; Ms. Holley Snider
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Ave.
Wilmington, North Carolina 28403-1343
http://www.saw.usace. army.mil/Missions/RegulatoryPermitProgram.aspx
General Permit No. 198200277
Name of Permittee: General Public
Effective Date: January 1, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to perform work in or affecting navigable waters of the U.S. and waters of the U.S., upon
recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act
of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is
hereby renewed and modified by authority of the Secretary of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Ave.
Wilmington, North Carolina 28403-1343
TO AUTHORIZE WITHIN THE STATE OF NORTH CAROLINA, THE DREDGING AND
THE DISCHARGE OF DREDGED OR FILL MATERIAL INCLUDING THE
CONSTRUCTION, BACKFILLING AND MAINTENANCE OF BULKHEADS AND RIPRAP
WITHIN MANMADE BASINS AND CANALS LOCATED ENTIRELY IN UPLANDS AND
TO AUTHORIZE MAINTENANCE DREDGING OF DITCHES, BASINS, CANALS AND
CHANNELS IN OPEN WATER AREAS, WHERE ALL EXCAVATED MATERIAL IS
PLACED AND RETAINED ENTIRELY ON HIGH GROUND.
Special Conditions
a. Any excavation authorized by this RGP, new or maintenance, may involve no more
than 1,000 cubic yards of material as part of a single and complete project.
b. This RGP does not authorize the excavation of or discharge of fill into Department of
the Army jurisdictional wetlands, seagrasses, or other submerged aquatic vegetation. Excavation
near wetlands must allow for an adequate buffer (not less than 10 feet) between the excavated
area and the wetlands to avoid erosion of the wetlands.
c. Bulkhead and riprap placement must not exceed an average of 5 feet nor a maximum
10 feet waterward of the mean high water mark (MHWM) in tidal waters or the ordinary high
water mark (OHWM) or ordinary high water elevation contour in non -tidal waters.
d. This RGP does not authorize the placement of bulkheads or riprap material
waterward of jurisdictional wetlands, seagrasses, or other SAV's.
e. All excavated material must be placed and retained entirely on high ground landward
of the Corps of Engineers' (Corps) regulatory jurisdiction and must be retained and stabilized to
prevent any material from reentering jurisdictional areas.
f. This RGP does not authorize the excavation or discharge of material which contains
toxic pollutants in toxic amounts as identified pursuant to Clean Water Act Section 307. Prior to
commencing work the Permittee must review all existing and readily available information to
ensure, to the extent practicable, that such pollutants are not present.
g. Maintenance excavation must not exceed the original dimensions as defined by the
original permit or as clearly shown or otherwise defined by existing conditions of the ditches,
basins, canals, or channels. Maintenance excavation is allowed only for facilities that are
currently serviceable.
h. The excavation depth in inland canals or basins, located entirely in high ground, is
limited to the shallower of the depth of the connecting canals/channels or six (6) feet below mean
or ordinary low water.
i. No excavation or filling may occur during applicable moratorium times as
designated by the North Carolina Division of Coastal Management (NCDCM) or the North
Carolina Wildlife Resources Commission (NCWRC) for protection of fish and/or shellfish,
unless the work is approved or allowed by the NCDCM or NCWRC.
j. This RGP does not authorize excavation or filling in any area designated by the
North Carolina Division of Marine Fisheries and/or the North Carolina Wildlife Resources
Commission as primary nursery area or prime shellfish area.
k. Return water from upland, contained disposal areas must comply with the temius and
conditions of the applicable Clean Water Act Section 401 Water Quality Certifications for this
RGP and NWP 16 issued by the North Carolina Division of Water Resources.
1. Should all or part of a proposed development activity be located in an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal Resources
Commission, a Coastal Area Management Act (CAMA) permit is required from the North
Carolina Division of Coastal Management before the onset of the proposed activity. Should a
Federal activity within any of North Carolina's twenty coastal counties or which could affect a
coastal use or resource in any of North Carolina's twenty coastal counties be proposed by a
Federal agency, a consistency deteiniination pursuant to Subpart "C" of 15 CFR 930 must be
prepared and submitted by that Federal agency to the North Carolina Division of Coastal
Management before the onset of the proposed activity.
m. Activities in any mountain trout waters must comply with all pH, temperature and
turbidity criteria established for such waters by the North Carolina Wildlife Resources
Commission and/or the North Carolina Division of Water Resources. Work that may result in
the sedimentation of trout waters will generally be prohibited from November 1 to April 15, of
any year, to avoid impacts on trout spawning.
n. Permittees shall obtain a letter of approval from the North Carolina Wildlife
Resources Commission and furnish a copy of the letter to the Wilmington District Corps of
Engineers (Corps), prior to discharging dredged or fill material into waters of the U.S., including
wetlands, in the 294 designated watersheds of North Carolina that contain trout waters. To
obtain this approval, applicants should contact:
NCWRC Contact
Counties that are entirely
within Trout Watersheds
Counties that are partially
within Trout Watersheds*
Mountain Coordinator
Alleghany
Jackson
Burke
McDowell
Balsam Depot
Ashe
Macon
Buncombe
Mitchell
20830 Great Smoky Mountain
Avery
Swain
Caldwell
Polk
Expressway
Graham
Transylvania
Cherokee
Rutherford
Waynesville, NC 28786
Haywood
Watauga
Clay
Surry
Telephone: (828) 558-6011
Henderson
Wilkes
For DOT Projects:
Madison
Yancey
NCDOT Coordinator
206 Charter Street
Albemarle, NC 28001
Telephone: (704) 982-9181
*NOTE: To determine notification requirements, contact the Corps Asheville Regulatory Field Office at
(828) 271-7980 or view maps for each County at the following World Wide Web page:
http://www. saw. usace.army. mil/Missions/Regulatory-Perm it-Program/Agency-Coordination/Trout/
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 District Engineer,
Wilmington District. 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
submit the information described in General Condition "z" to the Corps and 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 within waters or wetlands,
at any time in the construction or maintenance of this project. This RGP 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 Pell iiittee 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 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 US 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 US. No claim shall be made against the US
on account of any such removal or alteration.
h. The Permittee, upon receipt of a notice of revocation of the RGP for the verified
individual activity, may apply for an individual permit, or will, without expense to the US 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. The Permittee must submit the information described in General
Condition "z" and obtain approval from the Wilmington District Engineer prior to the initiation
of any activity that has the potential to modify or conflict with a federally authorized project.
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 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 US 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 US Government.
q. No activity may occur in a component of the National Wild and Scenic River 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 Permittee 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.
Peiinittees may not begin work until they provide the Corps with a written certification from the
Depai lment of Commerce.
s. In cases where the 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 must submit the information
described in General Condition "z" to the Corps if any properties subject to the above criteria
might be affected by the proposed project. The Permittee 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 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 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 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 any RGP 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 must submit the information described in General Condition "z" to the Corps if any
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listed species or designated critical habitat may be affected by the proposed project. Permittees
may not begin work until notified by the Wilmington District Engineer that the requirements of
the ESA have been satisfied and that the activity is authorized.
*Note - Section 7 consultation has been completed for the West Indian Manatee and if
the activity might affect the manatee, the Permittee does not have to submit the information in
General Condition "z" to the District Engineer as long the Permittee complies with General
Condition "v". Section 7 consultation has been completed for the Northern long-eared bat and
the Permittee must submit the information described in General Condition "z" to the District
Engineer prior to commencing the activity if the project meets the criteria in General Condition
«w,,
v. 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://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf
w. The Wilmington District, U.S. Army Corps of Engineers (Corps) has consulted with
the US Fish and Wildlife Service (Service) in regard to the threatened Northern long-eared bat
(NLEB) (Myotis septentrionalis) and Standard Local Operating Procedures for Endangered
Species (SLOPES) have been approved by the Corps and the Service. This condition concerns
effects to the NLEB only and does not address effects to other federally listed species and/or to
federally -designated critical habitat.
A. Procedures when the Corps is the lead federal* agency for a project:
The Permittee must comply with (1) and (2) below when:
• the project is located in the western 41 counties of North Carolina, to include
non-federal aid North Carolina Department of Transportation (NCDOT) projects,
OR;
• the project is located in the 59 eastern counties of North Carolina and is a non-
NCDOT project.
*Generally, if a project is located on private property or on non-federal land, and the project is
not being funded by a federal entity, the Corps will be the lead federal agency due to the
requirement to obtain Department of the Army authorization to impact waters of the U.S. If the
project is located on federal land, contact the Corps to determine the lead federal agency.
(1) A Permittee using a Nationwide Permit (NWP) or a Regional RGP (RGP) must check
to see if their project is located in the range of the NLEB by using the following website:
http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf. If the project
is within the range of the NLEB, or if the project includes percussive activities (e.g.,
blasting, pile driving, etc.), the Permittee is then required to check the appropriate website
in the paragraph below to discover if their project:
• is located in a 12-digit Hydrologic Unit Code area ("red HUC" - shown as red
areas on the map), AND/OR;
• involves percussive activities within 0.25 mile of a red HUC.
Red HUC maps - for the western 41 counties in NC (covered by the Asheville Ecological
Services Field Office), check the project location against the electronic maps found at:
http://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html. For the eastern 59
counties in NC (covered by the Raleigh Ecological Services Field Office), check the project
location against the electronic maps found at: https://www.fws.gov/raleigh/NLEB RFO.html.
(2) A Permittee must submit a pre -construction notification (PCN) to the district engineer,
and receive written authorization from the district engineer, prior to commencing the
activity, if the activity will involve either of the following:
• tree clearing/removal, construction/installation of wind turbines in a red HUC,
AND/OR;
• bridge removal or maintenance, unless the bridge has been inspected and there
is no evidence of bat use, (applies anywhere in the range of the NLEB), AND/OR:
• percussive activities in a red HUC, or within 0.25 mile of a red HUC.
The Peiinittee may proceed with the activity without submitting a PCN to either the Corps
or the USFWS, provided the activity complies with all applicable NWP terms and general
and regional conditions, or all applicable RGP terms and general and special conditions,
and if the Peiinittee's review under A.(1) and A.(2) above shows that the project is:
• located outside of a red HUC (and there are no percussive activities), and the
activity will NOT include bridge removal or maintenance, unless the bridge has
been inspected and there is no evidence of bat use, OR;
• located outside of a red HUC and there are percussive activities, but the
percussive activities will not occur within 0.25-mile of a red HUC boundary, and
the activity will NOT include bridge removal or maintenance, unless the bridge has
been inspected and there is no evidence of bat use, OR;
• located in a red HUC, but the activity will NOT include tree clearing/removal;
construction/installation of wind turbines; bridge removal or maintenance, unless
the bridge has been inspected and there is no evidence of bat use, and/or; any
percussive activities.
B. Procedures when the Corps is not the lead federal agency:
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For projects where another federal agency is the lead federal agency - if that other federal agency
has completed project -specific ESA Section 7(a)(2) consultation for the NLEB, and has (1)
determined that the project would not cause prohibited incidental take of the NLEB, and (2)
completed coordination/consultation that is required by the Service (per the directions on the
respective Service office's website), that project may proceed without notification to either the
Corps or the Service, provided all General and Regional Permit Conditions (for NWPs), or RGP
general and special conditions (for RGPs) are met.
The NLEB SLOPES can be viewed on the Corps website at the following World Wide Web
Page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/ESA/. Permittees who do not have internet access may contact the Corps at (910)
251- 4633.
x. 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. All PBOs
can be found on our website at: https://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Pro gram/Agency-C oordination/ESA/
y. 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.
z. For activities that require approval from the Corps prior to initiating any work, the
Permittee must submit the following information to the appropriate Corps Regulatory Field
Office. You may apply online at https://edocs.deq.nc.gov/Forms/Pre-
Construction Notification Form
1. Name, address, email and/or telephone number of the prospective Permittee.
9
2. Location of the proposed project, including waterbody, nearest community, and
county.
3. A detailed description of the proposed project, including applicable project details
such as width, height, length of structures or fills, piling span, distance from the
shoreline, type of materials, location of structure(s), and the amount of proposed
impact to waters and/or wetlands. The description should be sufficiently detailed
to allow the District Engineer to determine that the adverse effect of the project
will be minimal and to determine the need for compensatory mitigation. Project
drawings should be provided when necessary to show that the activity complies
with the terms of the RGP. (Drawings usually clarify the project and when
provided results in a quicker decision. Drawings should contain sufficient detail
to provide an illustrative description of the proposed activity (e.g., a conceptual
plan), but do not need to be detailed engineering plans).
aa. Peiinittees 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.
bb. 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 Coast Guard Sector North Carolina at (910)
772-2191 or email Coast Guard Fifth District at cgd5waterways@uscg.mil.
cc. 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
infonn 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.
dd. At his 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.
ee. 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. Metal products, organic materials
(including debris from land clearing activities), or unsightly debris will not be used.
ff. 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.
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gg. 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:
7 �
eenjJami . Be ett
Colonel, U.S. Army
District Commander
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