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HomeMy WebLinkAbout20160376 Ver 1_USACE Permit_20160506 Strickland, Bev From:Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil> Sent:Friday, May 06, 2016 10:37 AM To:Styron, Heather M. Cc:Steenhuis, Joanne Subject:Ballard dock GP 56 Attachments:copyGP 56 Tearsheet 111 Spooners Creek.pdf; GP78-0056signed.pdf; ballard dock plans.pdf Ladies: Attached is the GP 56 verification letter, along with conditions and plans for the following project: Project name: Ballard dock County: Carteret Corps AID: SAW-2016-00807 Please let me know if you have any questions. Thank you, Liz Hair Project Manager USACE-Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 910-251-4049 Sarah.e.hair@usace.army.mil 1 CD '101 _� 2i N N A ITION AN � OCK O Luj (�D C1 LLJ mAOAT LIFT A ITION c c APR 13 2016 "p. w1w, FW7,, qf .01 Park ', e �Uri$nfal P,ollocks4tle hYerdate' Flanri�r Beach �� .a1t8n�N0�Jd. 14 roatan h5nne�,tt 9e�gtr' � o-: fi3ie _ Merrimon ine ruua >Aays,Uille ,� - 9 de Havelcml+. Static :FlaltrifiCk dNoah Hativwe Har<a1�� 53 i�Fm x ie_Saat r = — ° Ti7 Gare Cm k — -- tM1irlon Fork- �tluRki River Palc�at�i a Holly 5prinHs �s'teita: �!n 1�T 7 LLTJ� S F -Hrasd'Cieeek Beaton' �,� M " Czirterrt SITE LOCATION Ln co \ L� N O O \ W LTJ W V) m W O U Y W W Lo U 00 p Cn N N LUCD Z Q o > U) 01- � o I Q O LLJ = N c/)W 0 ,-.1,z . Pinef=Grceii `1 Swansb'orcx _ 8p�us �� � -�� - - n ea rfy GTotiG,t ter Atlan i3each; - —� f�s3.- ,.�Nrksrs Island ° "` �,°Cape Carteret a8atfer-:T3ath - [la �oear melt 5b 4. �i72 g�an-rp L�eun�A�t¢ary Res�tatior i = reek ,�a�Q loUkgrt PROJECT LOCATIONDuW- Vaanns; - ,7�' DIRECTIONS: PL FROM MOREHEAD CITY TAKE HWY 24 WEST. TURN -LEFT ONTO SPOONERS CREEK. TURN LEFT AGAIN ONTO SOUTH SPOONERS STREET: PROJECT LOCATED ON LEFT AT 1 1 1. �_2n81'rSI'i:T� Inc., F.�1; 01:3011_ SITE LOCATION Ln co \ L� N O O \ W LTJ W V) m W O U Y W W Lo U 00 p Cn N N LUCD Z Q o > U) 01- � o I Q O LLJ = N c/)W 0 O M oO I I I N = C C- I I I I n 0 L992Z ON 'kL10 OV3H3WN I L558Z ON JlllO 4`d3H32i0W I L999Z ON .11.10 GV3H3210W 1 N D 133diS S�13NOOdS H1f10S c l l I 133211S Sd3N00dS HI(lOS 1 1 1 I 133d1S S213NOOdS HinOS 60l adN/H 'W INMV I 088- ve �212i3f I J,3-lovgn i '3 S3�WHO Co n� 3/ N 3/ N 3/ N N N Cn p I I I �F71 ;>< I GNf o8v �w ONVH83AO , L /M 1 I NO04 (13XIJ ONIISIX3 I 083ZdO X1004 03213A03 ,9 lx,,Il I A300 43X13 ONIISIX3 1 N Z Ul D p __ FT-1 N z � D C,A300 a3d3A00 ,�X,2 l rev m z l# JJH 1`d08 ONIISIX3 � I� O I I -n'dMb'3S SM0-n03 I N m I 3NI�1 8111VM HOIH -lVN ON w 1 z r D CO Co w I I P I C� Co CD w I I ( I C14 I I w I mp I u I I x O W 71�I C:I I D Z# 1313 +8 ONIISIX3 -'-i i .,ec N o „Ol-,0v i 11004 03X13 ONIISIX31 m O A000 ONI1*013 ONIISIX3 i 3NI� Ndl�Abdl2A 3�ld 313210NOO = Ro I I I o 3NII NV18Vdl8 f i D El O i n D- •--•--•--•--•--•--•--•--•--•--•--•--•--•--•--•--•--•--•--•--•--•--•- I--•--•--•--•--------- ---•--•--•--•-- ----•--•--•--•-- -- ----•--•--•-- -- ----•--•--•-+---•- Z I I I 13NNVHO 3003 'XO�Iddd p D I I I p � I I I < p Cf) I I I = m ,OZ-„l 33dOS XlygyO EYIV IOOdS N011`dW2103N1 43211f1,�?j 83HIO 803 2 133HS 33S 'Z m o i i S3111�IOb3 OI I�,000 iNl�klGV ONIMOHS 30 S3sognd Il ? �� J SI 133HS SIHi ' L S310N N O � ON I I I OP I Cil I I C I NOTES: 1. WATER DEPTHS TAKEN AT LOW TIDE ON. 11/03/15, 2. TOTAL LINEAR FEET OF SHORELINE - TOTALS 100' 3. NO SUB -AQUATIC VEGETATION FOUND ON SITE. 4. TOTAL EXISTING SQUARE FOOTAGE INCLUDING ROOF OVERHANG AND BOARDWALK OVERHANG OF 12" TOTALS 728. LEGEND RIPARIAN LINE SPOONERS CREEK r-0 APPROX. EDGE CHANNEL (D I -- -- ----•--•--•--•--•--•----- -- -- -- -- -- -- ----•--•--•--•--•--•--•--•-- --•— •--•--•--•--•--•-L -- -- — ----•--•--•--•-- -- --N . 6' X7 0 28' i SCALE: 1"=10' o o I w I w A I I 4'x14' GANGWAY EXISTING FLOATING DOCK i I 4,75'X I I I NORMAL HIGH WATER LINE-\ FRLOWS SEAWALL 1 3.0,X 1LL/11LU11 11L/11LU11LL/1LL/11LL/11 EXISTING ! CONCRETE SEAWALL N / F CHARLES E. RUMBLEY 109 SOUTH SPOONERS STREET I MOREHEAD CITY, NC 28557 PROPERTY LINE J D m cD 5.5'X 16' X6.5' EXISTING FIXED DOCK X6.0' 32' /EXISTING FIXED DO X4.75' I I I O I 2 RIPARIAN LINE -EXISTING BOAT LIFT #2 I I I I I CD 101 \-EXISTING BOAT LIFT #1 I I I N I I I COVERED DOCK GAZEBO W/ 1' OVERHANG ALL AROUND N / F JERRY BALLARD 111 SOUTH SPOONERS STREET MOREHEAD CITY, NC 28557 EXISTING APPROX. 3' WIDE BOARDWALK OVER SEAWALL W/ 12" OVERHANG ON SEAWARD SIDE, I PROPERTY LINE"""el I N / F AWNI M. HAMAD 113 SOUTH SPOONERS STREET MOREHEAD CITY, NC 28557 ��! N LL_ CD O W w w o cn I F-- w C) ry a ry —1 O m zg m � m z LLJ O C/) F- pCD Z Q 1— cn Y X U W O m rr) m m m Z Li N Z_ N cK_ w -4- O m M m � =Z N W o Q Ln z N Y w I\ 0" Ln U 00 O (n N N � U � z Lo o Q I ma-�� c/)af U r� � oI LLJ O N N w m 0 r r X4.75' WATER DEPTHS SLIP NUMBER _ K -11 (J) "'o o I I I - I jr� I RIPARIAN LINE SPOONERS CREEK r-0 APPROX. EDGE CHANNEL (D I -- -- ----•--•--•--•--•--•----- -- -- -- -- -- -- ----•--•--•--•--•--•--•--•-- --•— •--•--•--•--•--•-L -- -- — ----•--•--•--•-- -- --N . 6' X7 0 28' i SCALE: 1"=10' o o I w I w A I I 4'x14' GANGWAY EXISTING FLOATING DOCK i I 4,75'X I I I NORMAL HIGH WATER LINE-\ FRLOWS SEAWALL 1 3.0,X 1LL/11LU11 11L/11LU11LL/1LL/11LL/11 EXISTING ! CONCRETE SEAWALL N / F CHARLES E. RUMBLEY 109 SOUTH SPOONERS STREET I MOREHEAD CITY, NC 28557 PROPERTY LINE J D m cD 5.5'X 16' X6.5' EXISTING FIXED DOCK X6.0' 32' /EXISTING FIXED DO X4.75' I I I O I 2 RIPARIAN LINE -EXISTING BOAT LIFT #2 I I I I I CD 101 \-EXISTING BOAT LIFT #1 I I I N I I I COVERED DOCK GAZEBO W/ 1' OVERHANG ALL AROUND N / F JERRY BALLARD 111 SOUTH SPOONERS STREET MOREHEAD CITY, NC 28557 EXISTING APPROX. 3' WIDE BOARDWALK OVER SEAWALL W/ 12" OVERHANG ON SEAWARD SIDE, I PROPERTY LINE"""el I N / F AWNI M. HAMAD 113 SOUTH SPOONERS STREET MOREHEAD CITY, NC 28557 ��! N LL_ CD O W w w o cn I F-- w C) ry a ry —1 O m zg m � m z LLJ O C/) F- pCD Z Q 1— cn Y X U W O m rr) m m m Z Li N Z_ N cK_ w -4- O m M m � =Z N W o Q Ln z N Y w I\ 0" Ln U 00 O (n N N � U � z Lo o Q I ma-�� c/)af U r� � oI LLJ O N N w m 0 r r O rn O cn m N 00 D cn z r— oz n � �:u N C/) C) N OD C7 cn Z7 c m v m I N M N Z I o D o-P,m� DC7 N Z I :�E O N m Z cD oo CID C7 c+J cu < CA U) FTI O 71 I I 3N1l .112i3dONd L998Z ON `1.110 0b'3H3MW 1332NLS SN3NOOdS Hinos 21,l i '3GIS GNvmv3S GVhVH 'W INM`d NO ONVHN3A0 ,ZI, /M J / N 133`dMb'3S N]AO Ai IVMGNVO8 301M ,2 'XONddb ONILSIX3 I W I I I -Al vmd3S SMO -1-10A I 3Nl� 83i�M HOIH IWINON I I l# _U131 lb'08 ONILSIX3- I I I I A0d813S NVINV68- I I O I I r - I rn I I I I Z# 1 13 48 9NILSIX3 - I I 3N1 -I NVINVdIN 0 Z L998Z ON ').110 0b3H3NON 133US SN3NOOdS Hinos 111 CINV-11`d8 /ldd3f 3 / N 0N( oNv -3b ONVHNIAO , l /M 003Z`dO NOOCI 03N3A00 ONILSIX3 N AOOG 03XIJ 9NIISIX3 ,Z2 X1000 (13XIJ 9NILSIX3 ,91• -I, D co c 7VMb3S 313NONOO ONILSIX3 X,0'2 X,9L'ti 3NII ),lN3dONd I L 99 ON '.ILIO 0`d3H3NOW 1332NiS SN3NOOdS HinOS 60 I• ).338Wm '3 S3-1NVHO 3 / N I I I AO`d8L3S Ndl�vcnl i I I I I I I >i000 0liXI3 03SOd0Nd I I '5.5 X, 8 L -- � I A000 ONIiVM.J PNILSIX3 I I I I I I I I I 0 ,0 L=„ l :31dOS i i ,8Z 0'LX ,9 ,Z I I I - - -- -- -- -- -- -- -- -- -- -- - - --- --- --- --- - ),VMONVO ,t Lx, -V ONILSIX3 2# 1J13 lVO8 03SOdONcJ -13NNVHP 3003 'XONdcIV YJ' gYD SYVN00d S I i I co I to I .I I I I I I I I I O O NVI IN N p cyl ,Z I I I - - -- -- -- -- -- -- -- -- -- -- - - --- --- --- --- - ),VMONVO ,t Lx, -V ONILSIX3 2# 1J13 lVO8 03SOdONcJ -13NNVHP 3003 'XONdcIV YJ' gYD SYVN00d S I i I co I to I .I I I I I I I I I SHld30 N3iVM SSL. -'X ON303� I I 'ZL S�bf103 3S`d3NONI 39ViOOA 32ivnos 03SOd0Nd 3`d101 't -31lS NO 0Nf103 N011b'1303n OILbf10`d-8(1S ON '2 ',OOI S-lb'LOl 3Nn]NOHS 30 1333 NV31\113 3b101 'Z 'S LAO/ l I. NO 3011 MM IV N3AVi SHld30 N31`dM '1, :S310N I ' �- 3N13 NVI IN -=F I I G � X1000 03X13 03SOdONd a N38Wf1N dl3l!?- QQ SHld30 N3iVM SSL. -'X ON303� I I 'ZL S�bf103 3S`d3NONI 39ViOOA 32ivnos 03SOd0Nd 3`d101 't -31lS NO 0Nf103 N011b'1303n OILbf10`d-8(1S ON '2 ',OOI S-lb'LOl 3Nn]NOHS 30 1333 NV31\113 3b101 'Z 'S LAO/ l I. NO 3011 MM IV N3AVi SHld30 N31`dM '1, :S310N I NLW LINE MUD LINE I - co ,n co <; CD LL - N 6 4' AS BUILT N � co j, 14' o Lw Q cnf PROPOSED BOAT LIFT #3 �w 0 -) EXISTING BOAT LIFT #2 Lij PROPOSED FIXED DOCK z 2' x 17.5' O EXISTING FIXED DOCK O3 EXISTING BOAT LIFT #1 0 6 'x 62' o Q Q 4' x 14' CA4GWAY COV R D DOCK GAZEBO EXISTING FL.OATING DOCK 14' 16' � W 10' x 2' O W/ OVERHANG ALL AROUND Q W O J m W YARD 0 0 z O o W F-- cf) p O o m Q O Y U O m EXISTING CONCRETE SEAWALL o PROPOSED FIXED DOCK 2' x 18.5' 1 1 36' PROPOSED PROFILE ELEVATION SCALE: 1 "=5' ro M m M z W N Z_ N � a n =Z N W Q L Z N `S W W Ln U co 0 (n N N CD W U Z ZLn QO I � U � o I = N O ,1, cf)ry 0 O �;u U m O N = cr T, C C— N011bAITI ]]�IAO�ld SNOUICINOO ONIlSIX:l N O m 1 O Cn z m CD n N C/) D N co C7 Cn �7 cn m M N Z Cn D p M N Z ;7 * I o D 0 N m 3Nn anal z N m n coo W CJ X 7VMd3S 313�JON00 o ONIISIX3 z 3Nn MIN G- D C7 � O Z =� � O � Z O z � C/)(hjWl � O O ONmiv iiv ONdH EAE , L /M Ox gONIIS'IX3 11004 ONllbO-U m 003ZVO AO04 03113A00 XVMOMdO ,-V L x - Z9 x, 9 o p >1000 03X1 ONIISIX3 D Z# lin 1408 ONIISIX3 O L# 1311 iVOO ONIISIXII C/) C/) CD N c lk nne sd , v9 O o `h _. rn C rn DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 http://www.saw.usace.army.mil/WETLANDS/index.html General Permit No. 197800056 Name of Permittee: General Public Effective Date: January 1, 2011 Expiration Date: December 31, 2016 DEPARTMENT OF THE ARMY GENERAL (REGIONAL) PERMIT A general permit to perform work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby modified and renewed by authority of the Secretary of the Army by District Commander U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403- 1343 TO MAINTAIN, REPAIR, CONSTRUCT AND INSTALL PIERS, DOCKS, BOATHOUSES AND BOAT SHELTERS, MOORING PILES, DOLPHINS, JETTIES, GROINS AND BREAKWATER STRUCTURES IN NAVIGABLE WATERS OF THE UNITED STATES IN THE STATE OF NORTH CAROLINA. Projects must be constructed in conformance with following standards in order to be authorized by this RGP. All piers, docks, boathouses and boat shelters will be pile -supported or floating structures. 2. Mooring piles, dolphins, jetties and breakwater structures may be constructed of wood, metal, or pre -cast concrete. Groins may be constructed of wood, pre -cast concrete, or rock riprap. 3. Breakwater structures will be designed to provide for adequate water circulation landward of the structures. This RGP does not authorize excavation or the discharge of excavated or fill material within Waters of the US, except for the placement of rip -rap material for groin construction. This RGP does not authorize any work on Atlantic Ocean beaches. The following definitions should be used for purposes of this regional general permit (RGP): a. Mean high water mark (MH)KM).- The line on the shore, in tidal water, reached by the plane of the mean (average) high water. The precise determination of the actual location of the line can be established by survey with the reference to the available tidal datum, preferably averaged over a period of 18.6 years. A less precise method, such as observation of the apparent shoreline, which is determined by reference to physical markings, lines of vegetation, may be used for the purpose of this permit. b. Ordinar�High Water Mark (OHWM): The line on the shore, in non -tidal waters, established by the fluctuations of water indicated by physical characteristics such as clear, natural line impressed on the bank; shelving changes in the soil; destruction of terrestrial vegetation; the presence of litter and debris; or other appropriate means that consider the characteristics of the surrounding areas. Special Conditions a. Authorized structures located on or adjacent to Federally authorized waterways will be constructed in accordance with the Commander's Policy on Setbacks Along Federally Authorized Channels. You may review a copy of the policy at http://www.saw.usace.army.mil/WETLANDS/library.html b. This general permit does not authorize construction across or into any natural or manmade channel or water body in any manner that may adversely affect navigation by the general public. c. Piers, docks, boathouses, boat shelters and mooring piles authorized by this general permit may be extended or be located up to 400 feet waterward of the mean high water (MHWM) elevation contour (tidal areas) or the Ordinaa High Water Mark (OHWM) elevation contour (non -tidal areas) or one-third (1/3) the width of a natural water body, whichever is closer to the shoreline, except as otherwise governed by the presence of a Federally maintained channel. d. The width of any pier will not exceed six (6) feet, unless the Corps determines, in writing, that a greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. e. The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a maximum of 800 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. The maximum size of any individual component of the docking facility authorized by this 2 General Permit shall not exceed 400 square feet unless the Corps determines, in writing, that a greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. f. Boathouses and boat shelters will not be enclosed and will not exceed 400 square feet. Boatlifts will be open and will not exceed 400 square feet. g. Boathouses, boatlifts, boat shelters and floating piers will not be constructed over Federally jurisdictional wetlands. h. Docks and piers extending over wetlands will be elevated sufficiently (minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. i. Piers, docks, boat houses, and boat shelters shall not be constructed in seagrasses and other submerged aquatic vegetation. j. Wooden jetties will not extend farther than 100 feet waterward of the MHWM (tidal areas) or the OHWM elevation contours. k. This general permit does not authorize the installation of fueling facilities on authorized structures. 1. Riprap groins shall not exceed abase width of 10 feet or extend more than 25 feet waterward of the mean high water or normal water level elevation contour. in. Riprap groins must be constructed of clean rock or masonry material and be of sufficient size to prevent displacement by wave or current action. n. Riprap groins shall not be located within primary nursery areas, submerged aquatic vegetation, or areas identified as essential fish habitat. o. Floating structures will be supported by material that will not become waterlogged or sink when punctured, will be installed to provide for fluctuations of water elevation, will be designed so that the structure will not rest on the bottom at any time and will be secured in such manner as to not break away. p. Breakwater structures will be no longer than 500 feet. They will have a minimum of one - inch openings between standard width (6 to 12 -inch) sheathing boards and at least one, five-foot wide opening for each 100 linear feet of structure. q. Breakwater structures may not be constructed so as to prohibit access to estuarine waters or public trust areas. r. 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. s. It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit 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. t. This general permit does not authorize habitable structures or any structure or associated facility for nonwater-related use. u. Structures and their attendant utilities, authorized by this general permit, 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 U.S. Army Corps of Engineers (USACE) 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. v. This general permit does not apply to structures within existing or proposed marinas as defined by North Carolina Administrative Code, Title 15, Subchapter 7H.0208(b)(5). w. Should all or part of a proposed development activity be located in an Area of Environmental Concern (AEC) as designated by the North Carolina Coastal Resources Commission, a Coastal Area Management Act (CAMA) permit is required from the North Carolina Division of Coastal Management before the onset of the proposed activity. Should a Federal activity within any one of North Carolina's twenty coastal counties or which could affect a coastal use or resource in any one of North Carolina's twenty coastal counties be proposed by a Federal agency, a consistency determination pursuant to Subpart "C" of 15 CFR 930 must be prepared and submitted by that Federal agency to the North Carolina Division of Coastal Management before the onset of the proposed activity. General Conditions. a. Except as authorized by this general permit or any USACE approved modification to this general permit, no excavation, fill or mechanized land -clearing activities shall take place within waters or wetlands, at any time in the construction or maintenance of this project. 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. b. Authorization under this general permit does not obviate the need to obtain other federal, state, or local authorizations. E c. All work authorized by this general permit must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit issued by the North Carolina Division of Water Quality. d. 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). e. The activities authorized by this general permit 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 a reason other than safety. f. 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 Corps of Engineers, 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. g. 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 affected water of the United States to its former conditions. h. The permittee will allow the Wilmington District Engineer or his 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. i. This general permit does not grant any property rights or exclusive privileges. j. This permit does not authorize any injury to the property or rights of others. k. This general permit does not authorize the interference with any existing or proposed federal project. 1. In issuing this permit, 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 permit. (4) Design or construction deficiencies associated with the permitted work (5) Damage claims associated with any future modification, suspension, or revocation of this permit. in. Authorization provided by this general permit 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 general permit 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. n. This general permit does not authorize any activity which the District Engineer determines, after any necessary investigations, would adversely affect: (1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic and recreational rivers established by state and local entities. (2) Historic, cultural or archeological sites listed in or eligible for inclusion in the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 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. (3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. o. This general permit does not authorize any activity which will adversely affect any threatened or endangered species or a species proposed for such designation, or their designated critical habitat as identified under the Federal Endangered Species Act (16 U.S.C. 1531). Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the Corps field offices or at the following internet address: http://www.ncnhi).org_/Pages/heritagedata.html. or http://nc-es.fws.�7ov/es/es.html. Permittees should notify the Corps if any listed species or designated critical habitat might be affected by the proposed project and may not begin work until notified by the Corps that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. p. 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 2 floodway that results in any increase in base flood elevations. This general permit does not authorize any activity prohibited by the National Flood Insurance Program. q. 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. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. r. The permittee must maintain any structure or work authorized by this permit in good condition and in conformance with the terms and conditions of this permit. 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 permit will automatically transfer this permit 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 permit and provide the subsequent owner with a copy of the terms and conditions of this permit. s. At his sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this general permit 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. t. Except as authorized by this general permit or any USACE approved modification to this general 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. u. Except as authorized by this general permit or any USACE approved modification to this general permit, all excavated material will be disposed of in approved upland disposal areas. v. Activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon this general permit will remain authorized provided the activity is completed within twelve months of the date of the general permit's expiration, modification, or revocation. Activities completed under the authorization of this general permit which were in effect at the time the activity was completed continue to be authorized by the general permit. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Aferson cavage Colonel, U.S. Army District Engineer 7 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2016-00807 County: Carteret U.S.G.S. Quad: NC -MANSFIELD GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number: Size (acres) Nearest Waterway USGS HUC Jerry and Cathy Ballard P.O. Box 1497 Morehead City, NC 252-342-5402 n/a Nearest Town Morehead City Bogue Sound River Basin White Oak River 03020301 Coordinates Latitude: 34.7301343479269 Longitude: -76.8083247846391 Location description: The project site is located in waters of the U.S. (Spooners Creek), at 111 South Spooners Street, in Morehead City, Carteret County, North Carolina. Description of projects area and activity: This verification authorizes work within waters of the U.S. in order to expand and modify an existing docking facility. Specilically, the removal of an existing floating platform, and the construction of one 2'x 17.5' finger pier, one 2'x 18' finger pier, and the installation of a 13'x 13' boatlift in Spooners Creek. Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: RGP 56 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated April 13, 2016. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Sarah Hair at 910-251-4049 or Sarah.E.Hair(a usace.armv.mil. HAIR.SARAH.EA.-byH oN9. rs9AR,meAHEAo o:a=Pk. Corps Regulatory Official: 1054693512 - "" Date: May 6, 2016 Expiration Date of Verification: December 31, 2016 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ® There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis For Determination: Waters onsite are subject to the ebb and flow of the tide, and support navigation activity within Spooners Creek. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by July 5, 2016. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** HAIR.SARAH.EA.10546 Digitally signed by HAIR.SARAH.EA.1054693512 Corps Regulatory Official:DN: c=US'0= o=U.S. Government, ou=DoD, ou=PKI, _ ou=USA, cn=HAIR. SARAH.EA.1054693512 93 ah Hair Date: 2016.05.0609:41:57-04'00' Date of JD: May 6, 2016 Expiration Date of JD: May 6, 2021 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our customer Satisfaction Survey online at http://re ug latory.usacesurvey.co . Copy furnished: Mr. Alan Bailey Blue Water Marine P.O. Box 93 Morehead City, NC 28557 E -copy furnished: Ms. Heather Styron, NC DCM Ms. Joanne Steenhuis, NC DWR SAW -2016-00807 SPECIAL CONDITIONS 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 http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf Action ID Number: SAW -2016-00807 County: Carteret Permittee: Jerry and Cathy Ballard Project Name: 111 South Spooners St/Ballard/ Spooners Creek Date Verification Issued: May 6, 2016 Project Manager: Sarah Hair Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Sarah Hair 69 Darlington Avenue Wilmington, North Carolina 28403 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date