20180818 Ver 1_USACE Permit_20180727

Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
July 25, 2018
Action ID No. SAW-2011-00845/Sanitary Fish Market and Restaurant/Jeffrey Garner
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. Jeffrey Garner to reconstruct and reconfigure the existing docking
facility associated with the Sanitary Restaurant and Fish Market, in waters of the Morehead City
Harbor/Bogue Sound 501 Evans Street, in Morehead City, Carteret County, NC.
Specifically, the applicant proposes to reconfigure two existing slips with a fixed platform and
three floating platforms in order to accommodate charter/tour boat patrons while they wait to board. The
proposed fixed platform is 12'wideX 55'long and would connect to a 6' X38' shore parallel floating
platforms via gangway. Two additional 6'X50' floating platforms would then extend south. A total of 14
slips are proposed for this parcel (11 existing and 3 new). Dredging is not proposed as a part of this
project.
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. 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. _og v/nc-
es/mammal/manatee_ guidelines.pdf.
2. 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.
3. All work authorized by this permit must be performed in strict compliance with the

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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.
4. 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.
5. 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.
6. Approval of the structure is based on determinations that there would be no obstruction to
navigation. The structure may be damaged by wave wash from passing vessels. 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.
7. 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.
8. Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at anytime 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.
9. 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.
10. 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 Resources at [phone], Ext. 526 or (800)
662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act
will be followed.

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11. 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.
12. 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.
13. 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.
14. 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).
15. 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.
16. 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.
17. Violations of these conditions or violations of Section 404 of the Clean Water Actor 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.

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Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory
Division, telephone [phone] or email at sarah.e.hair(d),usace.army.mil.
Sincerely,
Liz Hair, Project Manager
Wilmington Regulatory Field Office
e -Copies Furnished:
Ms. Karen Higgins/Mr. Robb Mairs
North Carolina Department of Environmental Quality -Division of Water Resources
Mr. Pete Benjamin/Mr. John Ellis
U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement
Dr. Pace Wilber
National Marine Fisheries Service -Habitat Conservation Division
Mr. Fritz Rohde/Ms. Twyla Cheatwood
National Marine Fisheries Service -Habitat Conservation Division
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist -Water Protection Division
Mr. Gregg Bodnar/Ms. Heather Styron
North Carolina Department of Environmental Quality -Division of Coastal Management