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HomeMy WebLinkAbout20231417 Ver 1_USACE Permit_20231229DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 December 29, 2023 Regulatory Division Action ID No. SAW-2023-02237 and State Permit No.150-23 Mr. Marshall Frink 109 Shoreline Drive Jacksonville, North Carolina 28540 mfrink(cr�,ec.rr.com afrink&j ones -builders. com Dear Mr. Frink: Reference your application for a Department of the Army permit to reconstruct a docking facility/roof structure located in waters of the New River, adjacent to 109 Shoreline Drive, in Jacksonville, Onslow County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal 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. Your Department of the Army permit will expire on December 31, 2026. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Branch, telephone 910-251-4049, or email: sarah.e.hairgusace.army.mil. -2- Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Enclosures: GP 291 conditions Manatee Guidelines Plans dated 10/6/2023. CAMA Major 150-23 dated 12/20/2023. Electronic Copies Furnished (with enclosures): NOAA/NMFS; Dr. Pace Wilber/ Mr. Fritz Rohde NCDEQ/DCM; Mr. Gregg Bodnar/ Ms. Amanda Cannon NCDEQ/DWR; Mr. Michael Meilinger USFWS; Mr. Pete Benjamin/Ms. Kathy Matthews DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 http://www.saw.usace.army.mil/Missions/Re ug latoryPermitPro rg am.aspx General Permit No. 198000291 Name of Permittee: 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 U.S., upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is 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 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. Operatinst 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 informed 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 permit 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. in. 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.arM.mil/Missions/Navigation/Setbacks.awx. 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 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. 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 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 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 permit 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-NAVgusace.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. in. 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 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 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 determine 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.g_ov/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.ariny.mil/Missions/Re ug latory-Permit-Pro rg am/A ency- 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://www.fws.gov/raleigh/pdfs/1\4anateeGuidelines20l7.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 Permittee 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 cgd5waterways&uscg.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 inform 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: WamiA.ett Colonel, U.S. Army District Commander " United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 4 s. % 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 measure 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 aboul 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 ext. 16), 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 ext. 16), 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. 06/2003): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-4520 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. 9TO 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. PROPERTY LINE IX FENCE TO REMAIN �I L NEW RIVER YACHT CLUB INC. III SHORELINE DRIVE T IX PIERS/PLATFORM / \ PIERS'ORM M REMAIN APPROX DEPTH — 4.5 APPROX DEPTH - 6.5 EX in BOATHSE ROOF STRUCTURE 2,712 SF) TO BE REPAIRED OR (� FOOTP NO STRUCTUWITHINERE AREA BE ADDED OR EXPANDED WITH EXCEPTION OF ADDITIONAL PILING FOR STRUCTURAL SUPPORT WHERE NECESSARY. i EX FINGER PIER TO REMAIN IL' RIPARIAN LINE z EX HOUSE FACADE 1� I/ TO REMAIN 1 i1PPROX 4.8 a APPRO ---I— DEPTH---- vim,-0,04 �t 1. 15' RIPARIAN SETBACK LINE a" 5.02 M 30' BUFFER FROM HIGH WATER LINE AT EXIST BULKHEAD oo — APPROX 2.1 �BUU<HEAD/SEAWALL TO OEM 8.5 APPROX \ Vim_.,-. - DEPTH - 5.5 —� EXIST 250' VINYL BULKHEAD/SEAWALL ' WITH 3' WIDE ARMOR STONE TOE CONSTRUCTED 2' SEAWARD OF DAMAGED tso SEAWALL, OR REPAIRED IN PLACE WHERE FEASIBLE, TOP OF WALL EL - 3.0 EX PLATFORM tat TO REMAIN, IX PLATFORM TO BE 1 PILING TO BE REPAIRED WITHIN IX REPLACED FOOTPRINT EXIST BOATUFT PILING (4 NEW, 2 PER BOATUFT) AND CRADLE (X2), PILING SPACED 12' MAX EAST —WEST, SPACED IV MAX NORTH—SCUTH IX PIER AND PLATFORM TO REMAIN ZON11 DISTANCE TO USACE ACHANNEL APPROX. 16V a., NEW RIVER EBB7 IX PLATFORM TO REMAIN MEAN HIGH WATER (MHW) AND MEAN LOW WATER (MLW) AT EXIST BULKHEAD NOTES: 1. DIMENSIONS SHOWN IN FEET 2. DISTANCE TO USAGE CHANNEL APPROX. 150' SHEET 1 OF 4 two `COY ELWOOD WHITMAN, JR. 101 SHORELINE DRIVE ° (NO SIGNIFICANT WATER —DEPENDENT STRUCTURES) 2.03 �P APPROX �? DEPTH - 7-0 FRINK PROPERTY 109 SHOREUNE DR JACKSONVIU& NC THIS PARCEL LIES IN ZONE X, AREA DETERMINED TO BE OUTSIDE THE FLOOD HAZARD AREA, AND ZONE AE EL. 3, AREA DETERMINED TO BE INSIDE THE FLOOD HAZARD AREA, AS DEFINED ON NATIONAL FLOOD INSURANCE RATE MAP PANEL NO. 37204376DDJ, DATED NOV. 3, 2005. DATE: APR 25, 2022 REV 1: JUL 31. 2022 REV 2• JAN 18, 2023 SCALE 1 IN — 30 FT 0 10 20 30 REV 3: OCT 6. 2023 16' RIPARIAN SETBACK LINE N N Oo O D D 57) G) Z D c w D < � m0 � w Z1 0 11 0 D D m z D \ 00 -40 0>0 DIn > �D mm Om C3 Om0 CO� mw� m Z 0 Q m � O wm m A DD ANZ Z m OO O N DZ 22 K1m OmD mU1 O Oc �A m�0 ZA() DO � m CO z Om o<m m; �W I 11 co m 0 3 { FAmA � C < C2 yx r� IW x\ 0 r � C D O N m r DUZ° ° / _ - ^' �, cno m in -n 0 Z 1�1 N N a n m o m o w m D r- In W Z D'.! f m N r r-F r mr m 0m 0 AT O Z D In w m J C. O D V/ � O T O Zmm SCO Zrn 'O Z �o X Z Oro m DOm Z r, c) 0 , , I I I , , I I I , W I I 1 0 I , I 1 /1 ID 0 10 1-7n; -0 IFn Ir � m 1 0 I 1 O 1 A Ip1 1 I --- Ax) I�i z I I D y I I , Z 1 I Z. I O I I m m1 I I I DI I I OD 01 I 1 O DI I Zi I II II O O II O r II N C) D W O NO I TREATED 2x8 DECKING (BARKSIDE UP) LAID W/ 3/18" GAP & ATTACHED W/ (2) #10 BUGLE HEAD, S.S. OR GALV. SCREWS PER STRINGER (SIMPSON STRONG —TIE SS3DSC WOOD SCREWS OR EQUIV.) 2x8 BAND SIMPSON STRONG —TIE HURRICANE CLIPS H2.5SS—TYP EA. STRINGER APPROXIMATE EXISTING GRADE PROVIDE SOLID 2x8 — BLOCKING AT PILE GUARDRAIL POSTS LOCATED BETWEEN PILES TREATED 2x8 STRINGERS O 12' O.C. MAX. W/ CONT. / STRIP OF 30 LB FELT TOP OF EA. PER OWNER ENGINEERED PROVIDE SIMPSON STRONG —TIE TRUSSES BY� H1 AT EACH RAFTER/BEAM CONNECTION, OTHERS INSTALL IN ACCORDANCE WITH MANUFACTURERS RECOMMENDATIONS (2) 2x8 TREATED So z CAPS < (2) 1/2'0 S.S. go 7 OR GALV. o BOLTS, NUTS & WASHERS ? 8 PROVIDE (2) 2x8 X—BRACING W/ (2) 3/4.0 GALV. BOLTS, NUTS do WASHERS o EA. END WHERE T/DECK IS GREATER -DD w THAN 3'-0" ABOVE EXISTING GRADE. 8" DIA. x 10' P.T. PILES ((OWNER PROVIDED) O 10'-0' b.C. TYPICAL RESIDENTIAL PIER/PLATFORM NOf TG SM PROVIDE SIMPSON HHRC44 RIDGE CONNECTOR, INSTALL N ACCORDANCE S 4" x 8" MANUFACTURER'S RIDGE BEAM RECOMMENDATIONS ENGINEERED ,-Jl TRUSSES BY11 N; 4— x 8" HIP BEAM OTHERS BEAM 8" — 10" PILING, NOTCH AS NEEDEC FOR CONNECTIONS `-2" x 6" FASCIA BOARD x TRUSS/TOP PLATE CONNECTION DETAIL 0 PROVIDE SIMPSON—TIE HCP HIP CORNER PLATES AT ALL CONNECTIONS OF BEAMS, INSTALL IN ACCORDANCE WITH �? 4" x 8" HIP B MANUFACTURER'S RECOMMENDATIONS 8 C] ENGINEERED BEAM / 8" — 10" PILING CORNER' HIP BEAM/TOP PLATE CONNECTION DETAIL NOT TO SCALE BOATLIFT PILING PLAN (BY MANUFACTURER) NOT m SCALE FRINK PROPERTY 109 SHORELINE DRIVE JACKSONVILLE, NC RIDGE/BEAM CONNECTION DETAIL BOATLIFT PROFILE (BY MANUFACTURER) 160' TO �- USACE 84.5 CHANNEL PROPOSED 55.5t X 48.5t, 2,712 SF COVERED BOATHOUSE ROOF STRUCTURE WITH ENGINEERED TRUSSES ENGINEERED BOATLIFT BEAM CRADLE, x2 (BEHIND) NORMAL HIGH WATER (NHW) NORMAL LOW WATER (NLW) MUDLINE PILING (TYP.) EXISTING SEAWALL (NO MORE THAN 2' IN FRONT _ NOTES: OF DAMAGED SEAWALL) WITH 3' 1. DIMENSIONS SHOWN IN FEET WIDE RIP RAP TOE 2. DISTANCE TO USACE CHANNEL APPROX. 160' EX SEAWALL FILL SECTION A - PROPOSED PROFILE ELEVATION NOT TO SCALE SHEET 4 OF 4 DISTANCE TO USACE CHANNEL SETBACK APPROX 160 FT FRINK PROPERTY 109 SHORELINE DRIVE JACKSONVILLE, NC REV 1: OCT 6, 2023 Permit Class NEW Permit Number 150-23 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission rrmit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Marshall Frink, 109 Shoreline Dr., Jacksonville, NC 28540 Authorizing development in Onslow County at adi to the New River, at 109 Shoreline Dr, in Jacksonville, as requested in the permittee's application dated 9/29/23 (MP-1) and 9/11/23 (MP-4), including attached workplan drawings (4), Sheets 1-4 of 4 dated "RECEIVED DCM-MHD CITY 10/6/23." This permit, issued on December 20, 2023 , 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, civil action; or may cause the permit to be null and void. Non -Conforming Structure 1) This permit authorizes only the replacement of the existing non -conforming boathouse within the previously existing footprint. No portion of the replaced non -conforming structure shall be located outside of the previously existing structure footprint. [07J.021 I(I)] 2) The non -conforming covered area shall not be enlarged beyond existing dimensions. [07J.021 I (I)] 4) The non -conforming boathouse shall not change in use and continue to be utilized as a covered area component of the private docking facility. [07J.0211(2)] (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 December 20, 2028 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 Marshall Frink Permit No. 150-23 Page 2 of 3 ADDITIONAL CONDITIONS 4) This permit does not authorize any new formalized boat slips. The docking facility is authorized for no more than two (2) formalized boat slips. [07J .0202(c)] 5) The Division of Coastal Management shall be notified immediately in the event of any spillage of any hazardous, toxic, or harmful materials or substances (e.g. paint, stain, fuel, polyurethane) into the Estuarine Waters or the Public Trust Area. [07H.0208(a)(2)] 6) Should the Lot to the west be sold prior to the initiation of construction of the non -conforming structure, the permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and authorization to construct the portion of the non -conforming structure within the property owner's riparian setback, and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. [07H .0208 (6)(I)] 7) The permittee shall install and maintain at their expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. [07H .0208(a)(2)(G); 07J .0209(a); G.S. 113-229(a)] 8) The authorized structures and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. [07H.0208(a)(2)(G)] 9) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. [07H.0208(a)(2)(B)] 10) No attempt shall 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. [07H.0208(a)(2)(G)] 11) The non -conforming boathouse shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. The footprint of the boathouse shall not exceed the dimensions on the authorized workplans. [07H .0208(b)(6)(D)] 12) The non -conforming boathouse shall be single story, and shall not be designed to allow for second story use. [07H .0208(b)(6)(F)] Sedimentation and Erosion Control 13) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. [07H.0209(d)(4)] 14) 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. [07H.0209(d)(4)] Marshall Frink ADDITIONAL CONDITIONS USACE Conditions 1113-229(a), 113A-107(a)l Permit No. 150-23 Page 3 of 3 15) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.aov/raleiah//pdfs/ManateeGuidelines20l7.pdf. General 16) 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. [07H.0208(a)(2)(B)] 17) 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. [07K.0406(b)] 18) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. [07J.0209(a)] 19) All construction debris associated with the removal or construction of the permitted docking facilities shall be contained within the authorized project area and disposed of in an approved upland location. [07J.0209(a) & G.S.113A-120(b)] NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The N.C. Division of Water Resources has authorized the proposed project under General Water Quality Certification No. 4501 DWR Project No. 2023-1417. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit No. 198000291 (Action ID SAW-2023-02237). NOTE: An application processing fee of $250 was received by DCM for this project.