20050239 Ver 2_USACE Permit_20221202

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
December 1, 2022
Regulatory Division
Action ID No. SAW 2002-00335
Port Cape Fear Associates, LLC
Attn: Mike Loch
3410 River Road
Wilmington, NC 28412
Dear Mr. Loch:
Reference your application for a Department of the Army permit to conduct maintenance
dredging within the existing marina basin, which is approximately 330 feet in length by 720 feet
in width. Maintenance dredging within the majority of the basin is proposed to the previously
maintained -5 feet Mean Low Water Level (MLW) and will generate approximately 14,000
cubic yards of spoil material. Maintenance dredging of the forklift drop area and access channel,
which is approximately 380 feet in length by 40 feet in width, within the basin is proposed to -7
feet MLW and will generate approximately 2,500 cubic yards of spoil material. The dredging
will disturb 16,500 square feet of bottom substrate. This event of maintenance dredging will not
occur outside of the inland basin. Maintenance dredging will be performed via hydraulic dredge
and spoil material will be placed onsite in the northeast portion of parcel R06400-001-001-000.
An earthen berm for the spoil disposal area will be constructed of clay and sand with a
backhoe, bulldozer, and similar typical earth moving equipment, and will cover approximately
1.7 acres. Approximately 1.2 acres will serve as the retention basin for dredge spoil. The HDPE
spoil inlet pipe will temporarily be laid across 404 wetlands during the maintenance event,
however no equipment will cross the approximate 200 square feet of 404 wetlands. Therefore, no
temporary or permanent impacts to wetlands are authorized.
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

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modified.
Questions or comments may be addressed to Greg Currey, Wilmington Field Office,
Regulatory Branch, telephone [phone] or email [e-mail].
Sincerely,
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
NCDEQ/DCM; Mr. Bryan Hall
USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews
USEPA; Mr. Todd Allen Bowers
USCG; BOSN3 Mr. Paul Bertram
Davey Resource Group; Mr. Greg Finch

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Special Conditions
1. All work authorized by this permit must be performed in strict compliance with the
submitted plans, dated November 16, 2021, and April 14, 2022 and revised June 14, 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. 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.
3. 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.
4. 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 [phone] and provisions of the North Carolina Oil Pollution
and Hazardous Substances Control Act will be followed.
5. 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.
6. 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.
7. 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

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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.