20220855 Ver 2_USACE Correspondence_20230630

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
June 30, 2023
Regulatory Division
Action ID No. SAW-2021-02251
Mr. Gregg Bodnar
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
gregg.bodnargdeq.nc. gov
Dear Mr. Bodnar:
Reference the permit application request of South State Development LLC, c/o Jennifer Ward, to
construct a new 24-slip private community docking facility (to serve the Bluffs at Broad Creek
subdivision), construction of a single access pier with boat slip for a private residence, bulkhead
replacement, and dredging within waters of Broad Creek, adjacent to 215 Pearson Circle, in
Newport, Carteret County, North Carolina.
Specifically, the applicant proposes the following activities:
Community dock:
The applicant proposes to construct a 24-slip community dock to service the Bluffs on
Broad Creek (BOBC) residential subdivision (located west of the proposed docking facility). An
approximate 130'x6' wide slatted structural accessway elevated 36" above marsh substrate would
connect the BOBC community in the deeded easement. The access way would start by road
rights -of -way and proceed east across the marsh approximately 35' in length. The access would
connect onto a 10' x 12' deck platform on the upland area located outside of the CAMA 30'
buffer. The dock access would resume waterward bearing southeast approximately 95' to the
dock.
The proposed dock contains 24, 14'x26' slips with 12'x12' lifts. Each pair of slips would
share a 4'x26' finger pier for a total of 14 finger piers. The entire length of the dock would extend
216' from the waterward edge of coastal wetlands. The docking facility would not incorporate
marina services except for the appropriate electrical power required for lighting and boatlifts and
a water supply line.

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Parkin area:
rea:
The proposed parking area is in uplands within the overall BOBC residential community
property. There is an existing dirt path/road access which includes a 12" corrugated plastic pipe
that provides conveyance of the stream underneath the access. No fill is proposed in waters
associated with the parking area. A 6' wide x 340' long elevated and slatted structural accessway
would provide pedestrian access to the docking facility.
Bulkhead:
The applicant proposes to reface the existing 212' wooden bulkhead with vinyl and have an
upland area of disturbance limited to 25' from the bulkhead. Backfill would be from an upland
source.
Dredging_
The applicant proposes to excavate approximately 7200 square feet of shallow bottom
habitat within the western portion of the proposed docking facility. The near -shore water depths
at the proposed dock location are -1.1 to -1.7 feet NL.W. An average of 2 feet of substrate would
be excavated to achieve a water depth of -3 NLW, for a total of 533 cubic yards of excavated
material. The connecting water depth of Broad Creek is 4° NLW at the marked channel. The
proposed dredge method is clam -shell bucket to barge and would be offloaded at the existing
ramp area. Sedimentation control measures would be in place to prevent sediment spillage from
entering adjacent wetlands and waterbody. Excavation would be a minimum of 10' feet from the
edge of any coastal wetlands. Spoil material would be stored offsite on upland property owned
by the applicant.
Individual residential pier:
Additionally, the applicant proposes to construct an individual residential pier with one
boat slip (not associated with the BOBC HOA dock and would serve a single-family residence).
The 6' wide dock would extend waterward 72' from the bulkhead to the waterward end of the
dock platform. The platform would be a flag -shaped 12' x 12' (144sf) platform extending to the
north at the terminus of the dock. The boat slip would be a 13' x 13' boat lift on the north side of
the platform. The water depth at the area of the proposed single-family dock platform and boat
lift is approximately -2' NLW.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report. We recommend that the following conditions be
included in the State authorization:
1. 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
hqps://www.fws.gov/raleigh/Tdfs/ManateeGuidelines20l7.pd
2. 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.

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For further information, the permittee should contact the U.S. Coast Guard Marine Safety
Office at [phone].
3. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit. Any modification to these plans must be
approved by the US Army Corps of Engineers (USACE) prior to implementation.
4. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land -clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters or wetlands.
5. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
6. 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.
7. Unless otherwise authorized by this permit, 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.
8. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
9. 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.
10. 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

Im
must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of
1973 (North Carolina General Statutes Chapter 113A Article 4).
11. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
12. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct,
restore the water or wetland to its pre -project condition.
13. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office,
Regulatory Division, telephone [phone] or email at [e-mail].
Sincerely,
Liz Hair, Project Manager
Wilmington Regulatory Field Office
Electronic Copy Furnished:
USEPA; Mr. Todd Allen Bowers
NCDEQ/DCM; Ms. Heather Styron
NCDEQ/DWR; Ms. Holley Snider/Mr. Michael Melinger
USFWS; Mr. Pete Benjamin/Mr. John Ellis
NMFS; Dr. Pace Wilber/Ms. Twyla Cheatwood/Mr. Fritz Rohde