20041844 Ver 4_Corps of Engineer Correspondence_20151207

REPLY TO
ATTENTION OF:
[)EPARTMEM OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE '
WILMINGTON, NORTH CAROLINA 28403-1343
December 3, 2015
Regulatory Division
Action ID No. SAW -2004-00136
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environmental Quality
400 Commerce Avenue
Morehead City, North, Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Mr. Ted Wilgis of the North Carolina Coastal Federation to
expand an existing oyster reef/sill by constructing an additional 300' long x 10' wide oyster
reef/sill and plant coastal wetland vegetation in an approximate 7,500 square foot area located
directly behind the proposed sill. This project is located at the end of Morris Landing Road (SR
1538), adjacent to the Atlantic Intracoastal Waterway (AIWW), in Stump Sound, near Holly
Ridge, Onslow County, North Carolina. Coordinates in Decimal Degrees are: 34.469892 N -
77.507791 W.
The applicant proposes to construct a 300' long x 10' wide x 1.5' tall oyster reef/sill along a 300 -
foot section of intertidal estuarine shoreline and plant coastal wetland vegetation directly behind
the proposed reef/sill. The applicant proposes to construct the sill directly to the north of the
previously authorized structure. The reef/sill would be located approximately 30'-35' waterward
of the existing bank/escarpment and consists of three, 100 -foot sections, each separated by a 5 -
foot wide opening for fish passage. Additionally, the applicant proposes to plant smooth
cordgrass along the landward side of the proposed reef/sill in between the bank/escarpment and
the normal low water line. The planting area measures approximately 300' long x 20'-25' wide.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
In addition to the conditions of the previously authorized activity, we recommend that the
following conditions be included in the State authorization:

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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 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.
4. Except as authorized by this permit or any USAGE 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
[phone], Ext. 526 or [phone] and provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act will be followed.
7. If the permittee discovers any previously un%nown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington
District Engineer who will initiate the required coordination procedures.

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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.

N
Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office,
Regulatory Division, telephone [phone].
Sincerf
1ily,
Liza Ir, Pr 'ect ager
Wilmington egulatory Field Office
Copies Furnished:
Ms. Karen Higgins
Division of Water Resources
North Carolina Department of
Environmental Quality
1650 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. Fritz Rohde
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Face Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110

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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 NC Waterways Management
2301 East Fort Macon Road
Atlantic Beach, North Carolina 28512
Ms. Joanne Steenhuis
Division of Water Resources
North Carolina Department of
Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Debbie Wilson
Division ,of Coastal management
North Carolina Department of
Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405