20081349 Ver 1_USACE Comments_20081028

D-"T ?7 p g - 1 L- 39
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO October 27, 2008
Regulatory Division
Action ID No. SAW-2008-02766-071
Mr. Doug Huggett
Division of Coastal. Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
0 C T 2 8 2008
W E l IANWENR - WATER QUALITY
ORhf4ATER BRANCH
Reference the application of Mr. and Mrs. Robert Zack for a Department of the Army
permit to construct. a new bulkhea? waterward of the existing bulkhead and to install a new
floating dock at the'existing private docking facility, at 180 Old Point Road, adjacent to a canal
off Old Topsail Creek, in Hampstead, Pender County, North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by.this,permit must be performed in strict compliance with the
attached 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
pepmittee will be required, upon dVe 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. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.

2
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. The bulkhead will not be positioned farther waterward than 1 foot from the normal
water level elevation contour at any point along its alignment.
5. The docks and piers extending over wetlands will be elevated sufficiently (a
minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate,
or other elements of the aquatic environment.
6. 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.
7. Unless otherwise authorized by this permit, all fill material placed in waters or
wetlands shall be generated from an upland source and will be clean and free of any pollutants
except in trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
8. 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.
9. 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.
10. 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 [phone].
11. In order to protect juvenile finfish resources, no excavation or filling activities will
be permitted between the dates of April l and September 30 of any year without the prior
approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of
Engineers.
12. Prior to initiating construction activities, the permittee and his contractor will meet
onsite with a representative of the U.S. Army Corps of Engineers to discuss construction plans.
13. 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.
14. Approval of the structure was based on determinations that there would be no
obstruction to navigation. Under conditions existing in the Atlantic Intracoastal Waterway
(AIWW), a possibility exists that the structure may be damaged by wave wash from passing
vessels. Unreasonable slowing down of vessel traffic cannot be required because it would tend to
nullify the navigational benefits on which the AIWW was justified. Issuance of this permit
should not be construed, as relieving the permittee of taking proper steps to insure the structure
and moored boats will not be damaged by wave wash normally to be expected in the AIWW.
15. The permittee shall advise the Corps in writing at least two weeks prior to beginning
the work authorized by this permit and again upon completion of the work authorized by this
permit.
16. 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.
17. 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).
18. 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
4
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
19. 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.
20. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Questions or comments may be addressed to Mr. Dave Timpy, Wilmington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
Om
David . Timpy, Project Manager
Wilmington Regulatory Field Office
Copies Furnished:
Mr. Ron Sechler
/MQ Cyn di Karoly National Marine Fisheries Service
, NC Dept of Environment Health & Habitat Conservation Service
Natural Resources, Wetlands Division
2321 Crabtree Blvd, Suite 250
Raleigh, NC 27604-2260
CWO Steve Lyons
Staff Symbol: Aton
2301 East Ft Macon Rd.
Atlantic Beach, NC 28512
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Pivers Island
Beaufort, North Carolina 28516
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Steve Everhart
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405