20190140 Ver 1_RGP-291 Cedar Island Ferry_20190411

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
2407 West 5`" Street
Washington, North Carolina 27889
April 10, 2019
Regulatory Division
Action ID No. SAW-2019-00623
Cathy Brittingham,
DCM DOT Project Coordinator
DWR-Transportation Permitting Unit
1617 Mail Service Center,
Raleigh NC 27699-1617
Dear Ms. Brittingham,
Reference the application of the NC Ferry Division to lengthen the existing ferry channel
approximately 590' and to a proposed depth of -12' NLW at the Cedar Island Ferry Terminal.
The applicant also proposes to construct an upland dredge spoil site adjacent to the existing ferry
facility to receive the spoil from the project. The project location is 3619 Cedar Island Road,
Cedar Island, Carteret County, North Carolina.
A request from Ms, Catherine Peele representing the NC Ferry Division requesting a major
modification of the CAMA permit #44-96 to extend the permitted portion of the existing ferry
channel was received in this office. The applicant is proposing to reconfigure what was
previously found consistent under the US Army Corps of Engineers RGP-291 process (SAW-
1996-02806). All previously permitted dredging and jetty replacement would remain the same.
An extension of the existing channel an additional 590 feet to a proposed depth of -12 feet is
found to be consistent under the US Army Corps of Engineers RGP-291 process.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report. The proposal was found to be consistent with the
provisions and objectives of the CAMA-Corps Programmatic General Permit 291 process for
construction activities that receive authorization from the State of North Carolina.
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
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. 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.
3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns within waters or
wetlands or to reduce the reach of waters or wetlands.
4. Except as authorized by this permit or any 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.
5. 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.
6. 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.
7. 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.
S. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
9. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North

Carolina General Statutes Chapter 113A Article 4).
10. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge, Increases such that
the turbidity in the water body is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
11. 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 discovery of the violation.
12. All excavated materials will be confined landward of the mean high water (MHW)
elevation contour and any regularly or irregularly flooded vegetated wetlands within adequate
dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or
surrounding waters.
13. The proposed area to be dredged, method of dredging and disposal of dredged material
will be in strict accordance with that authorized by this permit.
14. The permittee will comply with all U.S. Coast Guard regulations for dredging
operations. The permittee will contact Mr. Torn Flynn, U.S. Coast Guard, District 5 Waterways
at [phone] (work) at least 30 days prior to dredging. Contact with the U.S. Coast Guard
will initiate the "Local Notice for Mariners" procedures to ensure that all safety precautions for
aids to navigation are implemented. The permittee will also immediately notify the District
Engineer that coordination with the U.S. Coast Guard has been commenced, and provide updates
as necessary.
Questions or comments may be addressed to Mr. Tom Steffens, Washington Regulatory
Field Office 2407 West Fifth Street, Washington, NC 27889; telephone [phone].
Sincerely,
Thomas Steffens
rRegulatory Project Manager