19920222 Ver 1_COMPLETE FILE_19921130

?. srA1i
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor . November 30, 1992 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
U. S. Coast Guard, Fort Macon
c/o R. F. Silva, Commanding Officer
FDCC (LANT)
5505 Robin Hood Road
Suite K
Norfolk, Virginia 23513-2400
Dear Captain Silva:
RE: Revised 401 Certification for modified plans for
proposed boat basin stabilization project
Fort Macon station
Carteret County
DEM # 92222
On 26 November 1991, The Division of environmental Management
issued Water Quality Certification Number 2649 to the Coast Guard for
the proposed boat basin stabilization project at Fort Macon Coast
Guard Station. Recently, the Coast Guard applied for a modification
of the approved design to construct 650 linear feet of revetment to -
3.1 feet below MLW. I hereby modify Certification Number 2649 to
approve the modified revetment to -3.1 feet below MLW. An additional
condition of this modified Certification is that adequate measures
shall be taken to control offsite transport of sediment during
construction of the revetment including measures during excavation and
backfilling of material 16 feet waterward of MLW.
I hope this modification of our Certification answers your
request and allows you to proceed expeditiously with this project. If
you have any questions, please contact Mr. John Dorney of my staff at
919-733-1786.
Sincerely,
i
reston Howard, J . P.E.
Coastgd.ltr
cc: Stephen Benton, Division of Coastal Management
Wilmington DEM Regional Office
Wilmington District Corps of Engineers
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 9 19/946-648 1 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
State of. Nord Cazoll-Tia
Departna-.nt of Environm%-Int, Health, and' Natural Resources
Division of Environmental VlznaQerr,cnt
P.O. Lox 29535
RalCliah, ?NTT 27626-05
WATER QUALITY SECT EON
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TELRCOPY TO:

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TRANSMISSION REPORT

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FILE cop Y
November 30, 1992
U. S. Coast Guard, Fort Macon
c/o R. F. Silva, Commanding Officer
FDCC (LANT)
5505 Robin Hood Road
Suite K
Norfolk, Virginia 23513-2400
Dear Captain Silva:
RE: Revised 401 Certification for modified plans for
proposed boat basin stabilization project
Fort Macon station
Carteret County
DEM # 92222
On 26 November 1991, The Division of environmental Management
issued Water Quality Certification Number 2649 to the Coast Guard for
the proposed boat basin stabilization project at Fort Macon Coast
Guard Station. Recently, the Coast Guard applied for a modification
of the approved design to construct 650 linear feet of revetment to -
3.1 feet below MLW. I hereby modify Certification Number 2649 to
approve the modified revetment to -3.1 feet below MLW. An additional
condition of this modified Certification is that adequate measures
shall be taken to control offsite transport of sediment during
construction of the revetment including measures during excavation and
backfilling of material 16 feet waterward of MLW.
I hope this modification of our Certification answers your
request and allows you to proceed expeditiously with this project. If
you have any questions, please contact Mr. John Dorney of my staff at
919-733-1786.
Sincerely,
6P)
A. Preston Howard, Jr. P.E.
Coastgd.ltr
cc: Stephen Benton, Division of Coastal Management
Wilmington DEM Regional Office
Wilmington District Corps of Engineers
Central Files
IMPORTANT
To
Date i Time Zo : t
WHILE YOU WERE OUT
M J`f` ?e r
of_
Phone 2 2? 3
AREA CODE NUMBER EXTENSION
- U ?L t
Message
"sired
r C1?'
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE -YOU URGENT
RETURNED YOUR CALL
N.C. Dept. of Environment, Health, and Natural Resources

DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
Date: October 19, 1992
To: John Dorney
Planning Branch
From: James H. Gregsorn4<9
Wilmington Regional Office
Through: Dave Adkins
Wilmington ional Office
0
?` 19
'? ? ? f OC7 2 11992
WETLANDS Gk0!.;f
WATER UAIITY SECTI -'
Subject: Regional Office Review and
Application for Permit for
U.S. Coast Guard Group Fort
Carteret County
Recommendations
Excavation and/or Fill
Macon
PROJECT DESCRIPTION: U. S. Coast Guard is again modifying their
proposed boat basin stabilization project at Coast Guard Group
Fort Macon. The current proposal is to construct the 650 linear
feet of revetment to -3.1 feet below MLW. This Division issued
401 Certification #2649 on November 26, 1991 based on an earlier
proposal in which the toe of the revetment would have stopped at
one foot above the MHW elevation. The existing proposal would
require the removal of existing material approximately 16'
waterward of MHW, installing the revetment, and then backfilling
with the excavated material.
ADJACENT WATER BODY: Bogue Sound
CLASSIFICATION: SA
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
The proposed excavation and backfilling during the
installation of the revetment would require a modification to the
projects 401 Certification.
This Office had no objection to the first two proposals at
this site. It appears that the existing proposal is based on the
assumption that the revetment would fail due to undercutting if
not constructed to -3.1 feet MLW. We have concerns about the
construction of an embedded revetment in which the backfilled
material is assumed to fail. Perhaps alternate means of
shoreline stabilization should be investigated for this portion
of the project.
91783.Oct
Page Two
Additionally, no information was provided to indicate that
the excavation and backfilling of material 16' waterward of MHW
would not violate State Water Quality Standards. Specifically,
how would suspended material be controlled during construction.
The only erosion control measure shown on the submitted plans is
a silt fence at the MHW contour.
Attached please find past Regional Office comments on this
project as well as the current 401 Certification.
JHG:91783.Oct
cc: Wilmington Regional Office Files
Central Files

DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
Date: March 14, 1990
To: Bill Mills
Planning Branch
From: Janes H. Gregson 3Z--
Wilminr:ton Regional Office
Through: T. L. Bush, Jr.
Wilmington Regional(- -f ice
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or rill
Project ? 9003-D
CD90-06 U.S. Coast Guard
Boat Basin Stabilization project at Fort Maco:-i
Carteret County
PROJECT DESCRIPTION: The U.S. Coast Guard is r
stabilize the bc.=,-. ?? ? at n_ oocs i ng to
sin at Fort Macon. The project is to
include: demolishing two existing piers; constrLCtinc a new
concrete fixed pier, 6' X 180' and five 5' X 43' -floating
concrete piers; installing nine dolphins; constructing 250' of
concrete sheet pile groin; grading 650' of bank to a 3:1 slope,
constructing 650' of revetment, planting beach grass along the
revetment and planting S2artina alterniflora along the intertidal
zone, in front of the revetment.
ADJACENT WATER BODY: Bogue Sound
CLASSIFICATION: SA
STATUS: Closed
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
1. The project will require a 401 Water Quality Certification.
2. The project complies with the General 401 Water Quality
Certification No. 1273 for the discharge of liquid effluent
resulting from hydraulic dredging.
3. The proposed project should be done in such a waj- as to not
cause the turbidity outside the immediate construction area
to exceed 25 NTU.
This office has no objection to the project as proposed.
JHG:9003-D.MAR
cc: WiRO, CF
Jim Gregson
n
X ,
? )XV
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
Date: September 20, 1991
To: John Dorney
Planning Branch
From: James H. *Reondai ?
WilmingtOffice
Through: Dave AdkWilmingtl Office
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Project # 9109-D
SCH92-0120
U.S. Coast Guard
Boat Basin Stabilization - Coast Guard Base Fort Macon
Carteret County
PROJECT DESCRIPTION: The U.S. Coast Guard proposes to revise
their March 1, 1990 proposed boat basin stabilization activities
to include: 1) the construction of a 650 linear foot gobimat
revetment to be planted with Spartina spp., and 2) to reduce the
amount of material dredged from 27000 cubic yards to 1500 cubic
yards. Dredged material will be disposed of either as beach
nourishment on base property or on an upland grassy area near the
antenna field.
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
It unclear from the submitted material how much, if any, of
the revetment will be placed below MHW. However, if it is placed
below MHW, over 500 linear feet would require an individual 401
Certification.
It is also unclear what type of dredging will take place.
If spoil is pumped hydraulically to the Bogue Sound shoreline,
this activity would also require a 401 Certification. Dredging
such as this would likely result in violation of the State
Standard for turbidity (25 NTU's). It is recommended that, if
dredged material is to be used for beach nourishment, it be
completely dewatered prior to placement on the beach. If a clam
shell dredge is used and material is confined landward of MHW, a
401 Certification would not be required for this part of the
project.
JHG:9109-D.SEP
cc: Wilmington Regional'Office Files
Central Files
DCM-Steve Benton
i
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
Date:
November 22, 1991
To: John Dorney
Planning Branch
D
From: James H. Gregson
Wilmingt*Regi Office
Through: Dave AdkWilmingt Office
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Central Office Permit #91758
#91783
Action ID -92-0104
U.S. Coast Guard
Boat Basin Stabilization - Coast Guard Group Fort Macon
Carteret County
PROJECT DESCRIPTION: The U.S. Coast Guard proposes to replace
piers, install dolphins, construct a sheet pile groin, install
a 650 linear foot gobimat revetment, construct a pile supported
concrete boat ramp, and maintain an existing basin.
ADJACENT WATER BODY: Bogue Sound
CLASSIFICATION: SA
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
The project will require a 401 Water Quality Certification.
That Certification should contain the following conditions for
the construction of 650 linear feet of gobimat revetment
approximately 10 feet waterward of MHW.
Please find the attached copy of our earlier comments on
this project dated September 20, 1991.
1. That silt fences and other erosion controls be in place
prior to construction.
2. That the project be done in such a manner as not to cause
turbidity outside the immediate construction area to exceed
25 NTU.
This office has no objection to the project as proposed.
JHG:91758.nov
cc: Wilmington Regional Office Files
Central Files
SWI
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. ,Martin, Governor
\Villiam \V Cobey, Jr., Secretary
November 26, 1991
Georgc T Everett. Ph.[).
Director
ku,,,nal Or,cr 1J S . Coast Guard, Fort Macon f `^ Vie.
Asheville o/o U.S. Coast Guard
7p,nc1.620b FDCC (LANT)
F,\,eRC lie 5505 Robin Hood Road
919486 1 X41 Suite. is
Norfolk, Virginia 23513-2400 y
.\loorcccille
7N 66? ?n9
Dear Sirs:
kaIeich
91973--l- Subject: Certification Pursuant to section 401 of the Federal
Va,h.,,n,,) Clean Water Act,
Proposed basin maintenance, pier replacement, construct
boatramp and install shoreline revertments
1111) '9; ?'Kx, Project # 91783
Carteret County
919
Attached hereto is a copy of Certification No. 2649 issued
to U. S. Coast Guard dated November 26, 1991.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
?T. Everet
Attachments
cc: Wilmington District Corps of Engineers
Wilmington DEM. Regional Office
Mr. John Dorney
Mi. John Parker
Central Files
N ) B,,x ?9535, kil,,gh. N-th ( aulma 276260511 tt•lcl,hnnc `119-3;.71115 l'„l?unun l?r?„ ?'?„n I'.w•
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NORTH CAROLINA
Carteret County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements
of Section 401 Public Laws 92-500 and 95-217 of the United States
and subject to the North Carolina Division of Environmental
Management Regulations in 15 NCAC ?.H, Section .0500 to U.S. Coast
Guard pursuant to an application filed on the 29 day October,
1991 to maintain a boat basin, replace a pier, construct a
boatramp and install 650 linear feet of gobimat revetment
about 10 feet waterward of MHW.
The Application provides adequate assurance that the
discharge of fill material into the waters of Bogue Sound to the
in conjunction with the proposed boat basin stabilization in
Carteret County will not result in a violation of applicable
Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not
violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL
95-217 if conducted in accordance with the application and
conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as to
prevent significant increase in turbidity outside the area
of construction or construction related discharge (increases
such that the turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That silt fences and other erosion controls be in place
prior to construction.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 26 day of November, 1991.
DIVISION OF ENVIRONMENTAL MANAGEMENT
1
i
,y
?Geo ge T. Everett, Dir ctor
WQC# 2649
THLI 14:4 I L : D I ...! -F _ -A'STHL MG[T IT TEL PJL : r: J l`_?
A? Commanding Officer suite K
U,S, Department O I f U.S. ?jasl Guard Fniiltles Design 5505 Robin Hoed Ro d 00
of Transportation \ ? ll i and Construction Canter Norfolk, VA 23513 ?}
`m` -'?:. 804-441-6842
Unttwd States I1+1/` ?L
Coast Gvard
2' 1992
11000
Ser No. 280D
\ 'mil ? I I I V ` ?•.A/

Mr. Stephen B. Renton
North Carolina Department of Dnvir0nl11ent,
Health, and Natural Resources
Division of Coastal Management
512 North Salisbury Street
P. 0. sox 27667
Raleigh, NC 27611
RE: U. S. Coast Guard Group Fort Macon - Revetment Construction
Project #91783, Department of the Army Permit #199200104
Dear Mr. Benton:
As a result of a :Field meeting between the p7:oject construction
Pontraotor, T. D. Euro Construction Company, Inc. and DCM staff
members, Mr. Preston Pate, Mr. CharIE?8 Jones, and Mr. David
Noble, we have. learned thnt there is an inconsistency betwocn our
construction documents and the approved permit documents, This
was inadvertent, The permit drawings were prepared early in the
design process and tY?? revetment cross section was not revised
later to ieflect the greater refinement of the final design
stage. The, important change occurred at the We of the revetment
which we are now planning to construct to a depth of -1.1 feet
below MLW as apposed to the toe elevation of about +1 fc:;ct MLW
shown on the permit application.
The change was necessary to provide greater assurance that the
revetment would not be underiiiinl?d and fail if storm waves were to
strike ttid toe (uri>,-ig lo;7 wate;l level conditions. Since the
established rule of thumb for butch toe scour io about one wave
height below the pre-Storm pro-f...11P, the extra I;inDedme,nt provides
the needed margin of safety to preclude undercutting. The
analysis that led to this decision had not been mcide when the,
permit drawings were prepared early in the planning process.
Aleo, since the original hydrographic survey was performed there
has been additi(;)iial sand deposited by natural condi.t .Gns within
the boat 1)siir,. The estiiated amount of dredging required now is
3,500 cubic yards in lieu of the 1,500 cubic yards previously
estimated. The fine], dredged Gross--section remains the same.
;EF'--?-''! THIJ 14:4 ID:L:I:! OF iOH=1THL I'1GP'IIJT TEL t IU: i:91'1 -1495 #? 1r P_t -
11000
Ser 14o, 280D
AUG 2 7 1992
We are providing enclosure (1) for your review and approval.
Since the contractor is alz-eady working at the site on other
portions of the work, we would gre-Atly appreciate any expeditious
handling that you can provide. If you need additional
information oz- have any questions, please- contact Mr. Wes Sykes
of my staff at [phone].
SirnG--rely,
24>;?N
K. F, SILVA
Captaicl, U. S. Coast Guard
Commanding officer
EnQl: (1) Revised Shore Protection Section Drawing, Sheet 1 of 1
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APPLICATION BY; U.S. COAST GUARD
DATUM: NOAH KW
U.S. COAST GUARD GROUP FORT MACON
ATLANTIC BEACH, NORTH CAROLINA
REVETMENT ALTERNATIVE
SHEET: 10 OF 16 DATE: a0l
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APPLICATION BY: U.S. COAST GUARD
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U.S, COAST GUARD GROUP FORT MACON
ATLANTIC BEACH, NORTH CAROLMA
SHORE PROTECTION PLAN
SHEET: 7. OF 1B DATA:
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IMPROVE / STADILI7E BOAT BASIN
U.S. COAST GUARD GROUP FORT MACON
ATLANTIC BEACH, NORTH CAROLINA
SHORE PROTECTION SECTION
F'" E 1 OF DATE; P/14/92
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Mr. John R. Dorney
NC DEN&NR
Div. Environmental Management
P.O. Box 27687
Raleigh, NC 27611

Roger N. Schecter
Director
REFERENCE: CD92-09
Applicant/Sponsor: U.S. Coast Guard
Rehab Existing Docking Facilities, Fort Macon Coast Guard Station
Dear Mr. Dorney:
The attached Consistency Determination, dated 04/17/92
describing a proposed Federal Activity is being circulated to
State agencies for comments concerning the proposal's consistency
with the North Carolina Coastal Management Program.
Please i,rdicate your viewpoint o ; the proposal and return this
form to me before 05/13/92 Sin rely,
ste en B. Benton
Consistency Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
cr 6l kkh-ev?p-roject -
This office proposal.
No Comment.
Signed
Date 6
Agency VnZ
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Fnual Onnortunirv Affirmative Action Fmnln%T
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
Date: June 25, 1992
To:
arming Branch
From:
Through:
Subject:
James H. Gregson L_t]ETi
Wilmington Regio Office
Dave Adkin
Wilmingt giI al Office
Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
U.S. Coast Guard / Fort Macon Station
Central Office Permit #92222
Carteret County
ii
PROJECT DESCRIPTION: The applicant proposes to rehash the
existing waterfront facilities at Coast Guard Station Fort Macon.
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
1. The project will require a 401 Water Quality Certification.
2. The project complies with the General 401 Water Quality
Certification No. 2663 for Maintenance.
This office has no objection to the project as proposed.
cc: Wilmington Regional Office Files
Central Files
H P q HAN - PADRON ASSOCIATES
CONSULTING ENGINEERS
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Division of Coastal-Management
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Reference: United States Coast Guard - Base Fort Macon
Rehabilitation of Existing Waterfront Facilities
USCG Project No. P/N 05-2059
Location: Atlantic Beach, North Carolina
Waterway: Bogue Sound
Dear Mr. Benton:
LD 12- - 61 ?
April 17, 1992
388-04
CAPR CEIVEO
0 1992
AGEMENT
In accordance with your telephone request on April 16, 1992, for additional
information in reference to permitting review of the Coast Guard Fort Macon
Station Maintenance Rehabilitation Project, the following two figures are attached
to show the latest design configurations of the bulkhead reconstruction.
Please note that the total length of the bulkhead is approximately 990 lin. ft.
The new bulkhead section consists of 18 in. concrete wall to be constructed
1 ft-6 in. outside the existing steel sheet pile bulkhead.
A copy of authorization letter from the Corps of Engineers has been
forwarded to your Department with a letter dated February 25, 1992. We trust that
the proposed work meets your Department's approval requirements. Please call
if you need more information.
JTL/dym
Attachments
1. Figures 1 and 2
Very truly yours
James T. Lindner
Project Director
ELEVEN PENN PLAZA, NEW YORK, NEW YORK 10001, [phone], FAX [phone], TELEX 225927 (HPA)

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CONCRETE CAP k PRESTRESSED
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CAST-IN-PUCE .
CONCRETE 3. 6• 5 TOP OF CONCRETE LEVEL
CAP 5 5 W/ EXISTINC PAVEMENT
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SCALE: 3/8" = t'-0 s s
TYPICAL BULKKHEAD SECTION
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UAIU_DAnRnN ACCn[_IATFS
H P A HAN - PADRON ASSOCIATES
CONSULTING ENGINEERS
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Reference: United States Coast Guard - Base Fort Macon
Rehabilitation of Existing Waterfront Facilities
Location: Atlantic Beach, North Carolina
Waterway: Bogue Sound
Dear Mr. Parker:
4L
?.:?ECEIVEO
FEij >L ,
y:-z
February x,1992
388-04
We are presently providing A/E services for the rehabilitation of existing
waterfront facilities for the referenced Coast Guard Station at Fort Macon, Atlantic
Beach, North Carolina.
The proposed scope of work comprised of rebuilding portions of the
bulkhead and some associated utility work. No new structures will be required in
this proposed construction.
Sketches, showing the project location, general layout, and typical section
are shown in the three attached figures.
We have notified the Corps of Engineers, Wilmington District, concerning
this proposed work and have been authorized by the nationwide permit (see At-
tachment 2). We also wish to seek approval from your department in writing, or
please advise us if other information is needed for your review.
JTL/dym
Attachments
1. Figures 1 to 3
2. Corps of Engineers Authorization Letter
Very truly your ,
James T. Lindner
Project Director

ELEVEN PENN PLAZA, NEW YORK, NEW YORK 10001, [phone], FAX [phone], TELEX 225927 (HPA)
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
W REPLY REFER TO January 24, 1992
'
Regulatory Branch
C(OPY
Action ID. 199200647 and Nationwide Permit No. 3 (Maintenance)
Mr. James T. Lindner
Han-Padron Associates
One Park Ten.Place, Suite 300
Houston, Texas 77084
Dear Mr. Linder:
Reference your letter of December 12, 1991, regarding plans for the U.S.
Coast Guard Station at Fort Macon to repair and maintain portions of bulkheads
and associated facilities on Bogue Sound, Atlantic Beach, Carteret County,
North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR),.Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404
of the Clean Water Act, was provided for the repair, rehabilitation, or
replacement of any previously authorized, currently serviceable structure or
fill; or of any currently serviceable structure or fill constructed prior to
the requirement for authorization, provided that the structure or fill is not
to be put to uses differing from those uses specified or contemplated for it
in the original permit or the most recently authorized modification.
The proposed work of the Coast Guard is authorized by this nationwide
permit provided it is accomplished in strict accordance with the enclosed
conditions. This nationwide permit does not relieve them of the
responsibility to obtain any required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization-is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2'years, the nationwide permit authorization
expires or is suspended or 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 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case base to modify,
suspend, or revoke the authorization.
-2-
Questions or comments may be addressed to Mr. Steve Chapin, Wilmington
Field Office, Regulatory Branch, telephone [phone].
-.a Sincerely,
5a ne Wri
hie , Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment,-Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr..Charles Jones
Morehead City Regional•Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect
on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats
or other measures must be taken to minimize soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with
any regional conditions which may have been added by the Division Engineer and
any case specific conditions added by the Corps.
7. Wild and scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status. Information on Wild and Scenic Rivers
may be obtained from the National Park Service and the U.S. Forest Service.
8. Tribal Rights. No activity or its operation may impair reserved
tribal rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state
coastal zone management consistency concurrence must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened'or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-Federal permittees shall
notify the District Engineer if any listed species or critical habitat might
be affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service.
12. Historic Properties. No activity which may affect Historic
Properties listed, or eligible for listing, in the National Register of

-2-
Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permittee must
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation Office and the National
Register of Historic Places (see 33 CFR 330.4(g)).
13. Water Supply Intakes. No discharge of dredged or fill material may
occur in the proximity of a public water supply intake except where the
discharge is repair of the public water supply intake structures or adjacent
bank stabilization.
14. Shellfish Production. No discharge of dredged or fill material may
occur in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvest activity authorized by NWP.
15. Suitable Material. No discharge of dredged or fill material may
consist of unsuitable material (e.g., trash, debris, car bodies, etc.) and
material discharged must be free from toxic pollutants in toxic amounts.
16. Mitigation. Discharges of dredged or fill material into waters of
the United States must be minimized or avoided to the maximum extent
practicable at the project site (i.e., on-site), unless the District Engineer
has approved a compensation mitigation plan for the specific regulated
activity.
17. Spawning Areas. Discharges in spawning areas during spawning seasons
must be avoided to the maximum extent practicable.
18. Obst-aetions of High Flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
19. Adverse,Impacts from,Impoundbents. If the discharge.cireates an
impoundment of water, adverse impacts on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent practicable.
20. Waterfowl Breeding Areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
21. Removal of Temporary Fills. Any temporary fills must be removed in
their entirety and the affected areas returned to their pre-existing elevation.

State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Mr. James T. Lindner
P-toject Director
Han-Padr.on Associates
Eleven Penn Plaza
New York, NY 10001
Dear. Mr. Lindner:
March 4, 1992
George T Everett, Ph.D.
Director
in response to your 25 February 1992 letter concerning
maintenance at the Coast Guard Station at Fort Macon, Atlantic
Beach, North Carolina we understand that you plan to use
Nationwide Permit No. 3. Written concurrence from the Division
of Environmental Management is not required by NW3 as long as the
attached conditions are met (see attached).
Please call me at 919-733-1786 if you have any questions.
JRD/kls
Lindner.ltr/Vol.2wp
Sincerely,
O
DDorney
Jo n R. :;c: Wilmington Regional office

Rl (,I)N,AL (A I I( P,
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Wilminwon Win,trnt "'Ilk-111
Y9 0;'MX) (W);R`k,7(X)7
Pollution Prevention Pays
N) Iiox?Vi35 h.J,y!li Nr?rtIi Inilina 27(,)1,05ii IclcpIi(nu
%1, 1 .,-J vwrni.m?? v, 11. 11 I nqd-, I
H 0 P A HAN - PADRON ASSOCIATES
CONSULTING ENGINEERS
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
February 25, 1992
388-04
MAR - 2 1992
WE LANDS GRO_
ATE QUALITY SEC_ -
Reference: United States Coast Guard - Base Fort Macon
Rehabilitation of Existing Waterfront Facilities
Location: Atlantic Beach, North Carolina
Waterway: Bogue Sound
Dear Mr. Dorney:
We are presently providing A/E services for the rehabilitation of existing
waterfront facilities for the referenced Coast Guard Station at Fort Macon, Atlantic
Beach, North Carolina.
The proposed scope of work comprised of rebuilding portions of the
bulkhead and some associated utility work. No new structures will be required in
this proposed construction.
Sketches showing the project location, general layout, and typical section
are shown in the three attached figures.
We have notified the Corps of Engineers, Wilmington District, concerning
this proposed work and have been authorized by the nationwide permit (see At-
tachment 2). We also wish to seek approval from your department in writing, or
please advise us if other information is needed for your review.
JTL/dym
Attachments
1. Figures 1 to 3
Very truly ours,
Jam s T. Lindner
Project Director
2. Corps of Engineers Authorization Letter
ELEVEN PENN PLAZA, NEW YORK, NEW YORK 10001, [phone], FAX [phone], TELEX 225927 (HPA)
VICINITY MAP
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RUBBER FENDER
40'±
TIMBER CURB
CONCRETE CAP
,-.NEW CONCRETE PAVEMENT
EL. +6.0'f
=? `i:r`?' NEW STEEL TIE ROD
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MUDLINE SHEET PILING
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NEW PRECAST PRESTRESSED
CONCRETE SHEET PILING
I?
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ANCHOR WALL
U.S.COAST GUARD CLEVELAND, OHI.O
CIVIL ENGINEERING UNIT
BASE FORT MACON - WATERFRONT FACILITIES
H HAN-PADRON ASSOMTES BULKHEAD REPAIR SCHEME
CONSULTING ENGINEERS CONCRETE SHEET PILE
0

FIG 3

DEPARTMENT OF THE ARMY (C(Opy
WILMINGTON DISTRICT, CORPS OF ENGINEERS
RO. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO January 24, 1992
Regulatory Branch
Action ID. 199200647 and Nationwide Permit No. 3 (Maintenance)
Mr. James T. Lindner
Han-Padron Associates
One Park Ten.Place, Suite 300
Houston, Texas 77084
Dear Mr. Linder:
Reference your letter of December 12, 1991, regarding plans for the U.S.
Coast Guard Station at Fort Macon to repair and maintain portions of bulkheads
and associated facilities on Bogue Sound, Atlantic Beach, Carteret County,
North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR),.Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404
of the Clean Water Act, was provided for the repair, rehabilitation, or
replacement of any previously authorized, currently serviceable structure or
fill; or of any currently serviceable structure or fill constructed prior to
the requirement for authorization, provided that the structure or fill is not
to be put to uses differing from those uses specified or contemplated for it
in the original permit or the most recently authorized modification.
The proposed work of the Coast Guard is authorized by this nationwide
permit provided it is accomplished in strict accordance with the enclosed
conditions. This nationwide permit does not relieve them of the
responsibility to obtain any required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2'years, the nationwide permit authorization
expires or is suspended or 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 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case base to modify,
suspend, or revoke the authorization.
-2-
Questions or comments may be addressed to Mr. Steve Chapin, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
a ne Wri
hie , Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect
on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats
or other measures must be taken to minimize soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with
any regional conditions which may have been added by the Division Engineer and
any case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status. Information on Wild and Scenic Rivers
may be obtained from the National Park Service and the U.S. Forest Service.
8. Tribal Rights. No activity or its operation may impair reserved
tribal rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state
coastal zone management consistency concurrence must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-Federal permittees shall
notify the District Engineer if any listed species or critical habitat might
be affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service.
12. Historic Properties. No activity which may affect Historic
Properties listed, or eligible for listing, in the National Register of
-2-
Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permittee must
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation Office and the National
Register of Historic Places (see 33 CFR 330.4(g)).
13. Water Supply Intakes. No discharge of dredged or fill material may
occur in the proximity of a public water supply intake except where the
discharge is repair of the public water supply intake structures or adjacent
bank stabilization.
14. Shellfish Production. No discharge of dredged or fill material may
occur in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvest activity authorized by NWP.
15. Suitable Material. No discharge of dredged or fill material may
consist of unsuitable material (e.g., trash, debris, car bodies, etc.) and
material discharged must be free from toxic pollutants in toxic amounts.
16. Mitigation. Discharges of dredged or fill material into waters of
the United States must be minimized or avoided to the maximum extent
practicable at the project site (i.e., on-site), unless the District Engineer
has approved a compensation mitigation plan for the specific regulated
activity.
17. Spawning Areas. Discharges in spawning areas during spawning seasons
must be avoided to the maximum extent practicable.
18. Obstructions of High Flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
14. Adverse Impacts from Impoundments. If the discharge creates an
impoundment of water, adverse impacts on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent practicable.
20. Waterfowl Breeding Areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
21. Removal of Temporary Fills. Any temporary fills must be removed in
their entirety and the affected areas returned to their pre-existing elevation.

' , r?s ?a SUTE q
ti
4
7unr. ??
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor
William W. Cobey, Jr., Secretary

Roger N. Schecter
Director
Mr. John R. Dorney
NC DEN&NR
Div. Environmental Management
P.O. Box 27687
Raleigh, NC 27611
REFERENCE: CD92-09
Applicant/Sponsor: U.S. Coast Guard
Rehab Existing Docking Facilities, Fort Macon Coast Guard Station
Dear Mr. Dorney:
The attached Consistency Determination, dated 04/17/92
describing a proposed Federal Activity is being circulated to
State agencies for comments concerning the proposal's consistency
with the North Carolina Coastal Management Program.
Please indicate your viewpoint on? the proposal and return this
form to me before 05/13/92 Sire"rely,
Ste en B. Benton
Consistency Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No Comment.
Signed
Date
Agency
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
I'* An Equal Opportunity Affirmative Action Employer

HAN - PADRON ASSOCIATES Z r r
H P A CONSULTING ENGINEERS
April 17, 1992
388-04
?l
RECEIVED
Mr. Steve Benton 4 )0
North Carolina Department of "
Environment, Health and coMMAGIMENT
Natural Resources !<?'
Division of Coastal Management
Post Office Box 27687 `
Raleigh, North Carolina 27611-7687
Reference: United States Coast Guard - Base Fort Macon
Rehabilitation of Existing Waterfront Facilities
USCG Project No. P/N 05-2059
Location: Atlantic Beach, North Carolina
Waterway: Bogue Sound
Dear Mr. Benton:
In accordance with your telephone request on April 16, 1992, for additional
information in reference to permitting review of the Coast Guard Fort Macon
Station Maintenance Rehabilitation Project, the following two figures are attached
to show the latest design configurations of the bulkhead reconstruction.
Please note that the total length of the bulkhead is approximately 990 lin. ft.
The new bulkhead section consists of 18 in. concrete wall to be constructed
1 ft-6 in. outside the existing steel sheet pile bulkhead.
A copy of authorization letter from the Corps of Engineers has been
forwarded to your Department with a letter dated February 25, 1992. We trust that
the proposed work meets your Department's approval requirements. Please call
if you need more information.
Very truly yours
James T. Lindner
Project Director
JTL/dym
Attachments
1. Figures 1 and 2
ELEVEN PENN PLAZA, NEW YORK, NEW YORK 10001, [phone], FAX [phone], TELEX 225927 (HPA)

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HAN-PADRON ASSOCIATES
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CONCRETE SHEET PIUNG
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PRECAST NCRETE \
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CONCRETE 3. 6• ? TOP OF CONCRETE LEVEL
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EP HAN - PADRON ASSOCIATES
CONSULTING ENGINEERS
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Reference: United States Coast Guard - Base Fort Macon
Rehabilitation of Existing Waterfront Facilities
Location: Atlantic Beach, North Carolina
Waterway: Bogue Sound
Dear Mr. Parker:
388-04
t3 Fce?vFp
X25. 1992
We are presently providing A/E services for the rehabilitation of existing
waterfront facilities for the referenced Coast Guard Station at Fort Macon, Atlantic
Beach, North Carolina.
The proposed scope of work comprised of rebuilding portions of the
bulkhead and some associated utility work. No new structures will be required in
this proposed construction.
Sketches showing the project location, general layout, and typical section
are shown in the three attached figures.
We have notified the Corps of Engineers, Wilmington District, concerning
this proposed work and have been authorized by the nationwide permit (see At-
tachment 2). We also wish to seek approval from your department in writing, or
please advise us if other information is needed for your review.
JTL/dym
Attachments
1. Figures 1 to 3
2. Corps of Engineers Authorization Letter
Very truly your,
James T. Lindner
Project Director
1
1

ELEVEN PENN PLAZA, NEW YORK, NEW YORK 10001, [phone], FAX [phone], TELEX 225927 (HPA)

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DEPARTMENT OF THE ARMY COPY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
fJ WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO January 24, 1992
Regulatory Branch
Action ID. 199200647 and Nationwide Permit No. 3 (Maintenance)
Mr. James T. Lindner
Han-Padron Associates
One Park Ten.Place, Suite 300
Houston, Texas 77084
Dear Mr. Linder:
Reference your letter of December 12, 1991, regarding plans for the U.S.
Coast Guard Station at Fort Macon to repair and maintain portions of bulkheads
and associated facilities on Bogue Sound, Atlantic Beach, Carteret County,
North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR),.Part 330.6. published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404
of the Clean Water Act, was provided for the repair, rehabilitation, or
replacement of any previously authorized, currently serviceable structure or
fill; or of any currently serviceable structure or fill constructed prior to
the requirement for authorization, provided that the structure or fill is not
to be put to uses differing from those uses specified or contemplated for it
in the original permit or the most recently authorized modification.
The proposed work of the Coast Guard is authorized by this nationwide
permit provided it is accomplished in strict accordance with the enclosed
conditions. This nationwide permit does not relieve them of the
responsibility to obtain any required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization.is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2'years, the nationwide permit authorization
expires or is suspended or 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 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case base to modify,
suspend, or revoke the authorization.

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Questions or comments may be addressed to Mr. Steve Chapin, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
M a ne Wri h
hie , Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557

GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect
on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats
or other measures must be taken to minimize soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with
any regional conditions which may have been added by the Division Engineer and
any case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status. Information on Wild and Scenic Rivers
may be obtained from the National Park Service and the U.S. Forest Service.
8. Tribal Rights. No activity or its operation may impair reserved
tribal rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state
coastal zone management consistency concurrence must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-Federal permittees shall
notify the District Engineer if any listed species or critical habitat might
be affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service.
12. Historic Properties. No activity which may affect Historic
Properties listed, or eligible for listing, in the National Register of
s • ?
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Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permittee must
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation Office and the National
Register of Historic Places (see 33 CFR 330.4(8)).
13. Water Supply Intakes. No discharge of dredged or fill material may
occur in the proximity of a public water supply intake except where the
discharge is repair of the public water supply intake structures or adjacent
bank stabilization.
14. Shellfish Production. No discharge of dredged or fill material may
occur in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvest activity authorized by NWP.
15. Suitable Material. No discharge of dredged or fill material may
consist of unsuitable material (e.g., trash, debris, car bodies, etc.) and
material discharged must be free from toxic pollutants in toxic amounts.
16. Mitigation. Discharges of dredged or fill material into waters of
the United States must be minimized or avoided to the maximum extent
practicable at the project site (i.e., on-site), unless the District Engineer
has approved a compensation mitigation plan for the specific regulated
activity.
17. Spawning Areas. Discharges in spawning areas during spawning seasons
must be avoided to the maximum extent practicable.
18. obstructions of High Flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
19. Adverse.Impacts from,lmpoundmenta. If the discharge creates an
impoundment of water, adverse impacts on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent practicable.
20. Waterfowl Breeding Areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
21. Removal of Temporary Fills. Any temporary fills must be removed in
their entirety and the affected areas returned to their pre-existing elevation.