HomeMy WebLinkAbout20041844 Ver 4_USACE Permit_20151218December 15, 2015
Regulatory Division
Action ID No. SAW -2004-00136 and State Permit No. 28-05
North Carolina Coastal Federation
Attn: Mr. Ted Wilgis
309 West Salisbury Street
Wrightsville Beach, North Carolina 28480
Dear Mr. Wilgis:
Reference your application for a Department of the Army permit to expand a previously
authorized oyster reef/sill known as the Stump Sound -Morris Landing Oyster and Saltmarsh
Habitat restoration Living Shoreline project, located at the end of Morris Landing Road,
southeast of Holly Ridge, in 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 special 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, 2016.
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Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office,
Regulatory Branch, telephone 910-251-4049.
FILENAME: CL32_SAW-2004-00136-WILGIS_NNCCF Morris Landing Sill.doc.l2a.doc
Sincerely, CESAW-RG-L/HAIR/ s
CESAW-RG-L/BETER6;2y/
MAIL CESAW-RG/FILE
Liz Hair
Regulatory Project Manager
Enclosures:
CAMA permit
GP 291 conditions
Copies Furnished (w/o enclosures):
Mr. Fritz Rhode
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Doug Huggett
Morehead City Regional Office
North Carolina Department of
Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Ms. Debra Wilson
Division of Coastal Management
North Carolina Department of
Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
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Ms. Karen Higgins
Division of Water Resources
401 &Buffer Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
BOSN3 Mr. Scott McAloon
United States Coast Guard
Sector North Carolina Waterways Management
2301 E. Fort Macon Rd
Atlantic Beach, North Carolina 28512
Electronic copies furnished:
Ms. Joanne Steenhuis, NC DEQ-DWR
Ms. Heather Coats, NC DEQ-DCM
Mr. Jason Dail, NC DEQ-DCM
SAW -2004-00136
Special Conditions
1. 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.
2. 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 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 U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States.
3. 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 constiuction 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.
4. 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.
5. The authorized structure and associated activity must not interfere with the public's right
to free navigation on all navigable waters of the United States. 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 reason other than safety.
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 Quality at
(919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act will be followed.
7. 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.
8. 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.
9. 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).
10. 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.
11. 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.
12. 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.