19970839 Ver 1_Permit Ext Requests_20200604

Strickland, Bev
From: Currey, Gregory E CIV USARMY CELRP (USA) <[e-mail]>
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Subject: [External] SAW 1998-00432 Section 10 Permit & SAW 2011-02228 Section 103 Permit
Extension Requests, Military Ocean Terminal, Sunny Point (MOTSU)
Attachments: Agency Comments Solicitation Email.docx; MOTSU Maint Dredging Permit Extension
Request_10-103_FY21_3June2020.pdf, MOTSU Maint Dredging Permit Extension
Request_FY21_28May2020_SignedRequest.pdf, MOTSU 2018 Maintenance Dredging
Permit Modification.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to [e-mail]<mailto:[e-mail]>
0
The Wilmington District on behalf of MOTSU is requesting a permit extension for Military Ocean Terminal,
Sunny Point (MOTSU) for maintenance dredging activities authorized by the August 30, 2018 Section 10
Department of the Army (DA) permit number SAW-1998-00432. Furthermore, MOTSU is requesting the
extension of the Section 103 DA authorization for transporting the dredged material to the Wilmington Ocean
Dredged Material Disposal Site (ODMDS), permit number SAW-2011-02228 dated April 30, 2018 Both permits
are set to expire on February 7, 2021 and have been included for reference. MOTSU is requesting a three (3)
year extension of both permits, therefore extending the expiration dates to February 7, 2024.
Project Description/Section 10 Dredging:
The project is composed of three main basins (South, Central, and North), a connecting channel between
South and Central basins and a connecting channel between the Central and North basins, and entrance
channels from/into South and North basins. There is a security boat basin on the south side of the North
basin. Maintenance dredging is preformed almost every year to keep the wharf depth safe for operation.
Project Description/Section 103 Ocean Disposal:
The dredged material that is disposed of in the Wilmington ODMDS must be approved for disposal pursuant to
Section 103 of the Clean Water Act. Bioassay and contaminant testing will be done every 3-5 years with results
provided to EPA. The EPA provides concurrence that material is acceptable for ODMDS disposal. Corps
Regulatory Permit SAW-2011-0228 currently covers the 103 permit to MOTSU for transporting material to
ODMDS.

Due to contaminant testing, barge loads from North basin are limited to 4,700 cubic yards (CY). The remainder
of area, including the security boat dock, does not have this load restriction.
Currently Authorized Depths of the dredging areas are as follows:
1. Project Depth to -38' (Allowable Overdepth -40'): Approach Channel South Entrance, South Wharf Turning
Basin, Approach Channel Middle Entrance, Approach Channel South to Center Wharf, Center Wharf Turning
Basin.
2. Project Depth to -34' (Allowable Overdepth -36'): Approach Channel Center to North Wharf, North Wharf
Turning Basin, Approach Channel North Entrance.
3. Project Depth to -12' (Allowable Overdepth -14'): Small Boat Basin (a.k.a. Security Boat Basin or Dock).
The areas to be dredged, maximum depths, and authorized disposal areas (Wilmington ODMDS, Disposal Area
#1 and #4) will remain consistent with the 2009 DA permit and are shown on the attached drawings. Dredging
methodologies may include mechanical (bucket to barge), hydraulic pipeline, and hopper.
FY 21 Estimated Dredge Quantities:
- Approach South Entrance - 55,000 cy
- South Wharf Turning Basin and Approach Channel South to Center Wharf - 284,000 cy
- Center Wharf Turning Basin - 668,000 cy
- Approach Channel Middle Entrance - 50,000 cy
- Approach Channel Enter to North Wharf and North Wharf Turning Basin - 265,000 cy
- Approach Channel North Entrance - 150,000 cy
Purpose and Need:
The project purpose is to continue maintenance dredging within the current authorize channel of the MOTSU
wharf area shown on the enclosed drawings. The maintenance dredging is needed in order to remove
sediment build up and keep the wharf channels and the security boat basin within safe and operable depths
so that regular and continued national security and defense operations can continue uninterrupted at the
installation. The primary mission of MOTSU is to be the key ammunition shipping point on the Atlantic coast
for United States forces worldwide. MOTSU is operated by the Army's 596th Transportation Brigade, which
operates under the guidance of the Military Surface Deployment and Distribution Command (SDDC). The
installation is tasked with shipping Department of Defense ammunition, dangerous cargo and explosives
including but not limited to small arms ammunition, artillery shells fuses and propellants, ammunition for
vehicle systems and aircraft bombs and ammunition. MOTSU is the only facility in the Department of Defense
network that is equipped for and authorized to handle containerized ammunition.
Coordination pursuant to the Endangered Species Act and EFH was previously completed in 2008 and again in
2018 during that specific permit extension request. Critical habitat for the Atlantic Sturgeon was designated

within the Cape Fear River in 2016. Additionally, the 2020 SARBO has been released and the project will follow
all applicable Project Design Criteria (PDC) as outlined in the BO.
Please see the attached permit modification request to extend the Section 10 and Section 103 permits and
related attachments.
EFH:
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens
Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may
affect, but is not likely to adversely affect EFH and associated fisheries managed by the South Atlantic or Mid
Atlantic Fishery Management Councils or the National Marine Fisheries Service.
The waters within the Cape Fear River are designated as SC by the Division of Water Resources. These waters
ARE NOT designated as PNA by the NC Division of Marine Fisheries and are conditionally approved closed to
shellfish harvesting.
ESA:
The Corps has reviewed the project area, examined all information provided by the applicant and consulted
the latest North Carolina Natural Heritage Database. Based on available information, the Corps has
determined that the project may affect but is not likely to adversely affect the West Indian manatee or the
Atlantic and Shortnose sturgeon. The use of the Manatee Guidelines would be required as a condition of this
proposed action.
The project will not affect any other species listed as threatened or endangered or their critical habitat
formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the project area.
NHPA 106:
Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part
325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted
district files and records and the latest published version of the National Register of Historic Places, the Corps
has preliminarily determined that the proposed project will have no effect on cultural resources and requests
concurrence from the State Historic Preservation Office.
Please contact me if you have any questions. Please provide comments as soon as you can or by July 6, 2020.
Thank you,
G reg
**MORE EMAILS TO FOLLOW**
Greg Currey
Project Manager
USACE, Wilmington
69 Darlington Ave.
Wilmington, NC 28403
PH 910-251-4707

All,
The Wilmington District on behalf of MOTSU is requesting a permit extension for Military
Ocean Terminal, Sunny Point (MOTSU) for maintenance dredging activities authorized by the
August 30, 2018 Section 10 Department of the Army (DA) permit number SAW-1998-00432.
Furthermore, MOTSU is requesting the extension of the Section 103 DA authorization for
transporting the dredged material to the Wilmington Ocean Dredged Material Disposal Site
(ODMDS), permit number SAW-2011-02228 dated April 30, 2018 Both permits are set to
expire on February 7, 2021 and have been included for reference. MOTSU is requesting a three
(3) year extension of both permits, therefore extending the expiration dates to February 7, 2024.
Project Description/Section 10 Dredging_
The project is composed of three main basins (South, Central, and North), a connecting channel
between South and Central basins and a connecting channel between the Central and North
basins, and entrance channels from/into South and North basins. There is a security boat basin
on the south side of the North basin. Maintenance dredging is preformed almost every year to
keep the wharf depth safe for operation.
Project Description/Section 103 Ocean Disposal:
The dredged material that is disposed of in the Wilmington ODMDS must be approved for
disposal pursuant to Section 103 of the Clean Water Act. Bioassay and contaminant testing will
be done every 3-5 years with results provided to EPA. The EPA provides concurrence that
material is acceptable for ODMDS disposal. Corps Regulatory Permit SAW-2011-0228 currently
covers the 103 permit to MOTSU for transporting material to ODMDS.
Due to contaminant testing, barge loads from North basin are limited to 4,700 cubic yards (CY)
The remainder of area, including the security boat dock, does not have this load restriction.
Currently Authorized Depths are as follows:
1. Project Depth to -38' (Allowable Overdepth -40'): Approach Channel South Entrance, South
Wharf Turning Basin, Approach Channel Middle Entrance, Approach Channel South to Center
Wharf, Center Wharf Turning Basin.
2. Project Depth to -34' (Allowable Overdepth -36'): Approach Channel Center to North Wharf,
North Wharf Turning Basin, Approach Channel North Entrance.
3. Project Depth to -12' (Allowable Overdepth -14'): Small Boat Basin (a.k.a. Security Boat
Basin or Dock).
The areas to be dredged, maximum depths, and authorized disposal areas (Wilmington ODMDS,
Disposal Area 91 and 94) remain consistent with the 2009 DA permit and are shown on the
attached drawings. Dredging methodologies include mechanical (bucket to barge), hydraulic
pipeline, and hopper.

FY 21 Estimated Dredge Quantities:
- Approach South Entrance — 55,000 cy
- South Wharf Turning Basin and Approach Channel South to Center Wharf — 284,000 cy
- Center Wharf Turning Basin — 668,000 cy
- Approach Channel Middle Entrance — 50,000 cy
- Approach Channel Enter to North Wharf and North Wharf Turning Basin — 265,000 cy
- Approach Channel North Entrance — 150,000 cy
Purpose and Need:
The project purpose is to continue maintenance dredging within the current authorize channel of
the MOTSU wharf area shown on the enclosed drawings. The maintenance dredging is needed
in order to remove sediment build up and keep the wharf channels and the security boat basin
within safe and operable depths so that regular and continued national security and defense
operations can continue uninterrupted at the installation. The primary mission of MOTSU is to
be the key ammunition shipping point on the Atlantic coast for United States forces worldwide.
MOTSU is operated by the Army's 596 h Transportation Brigade, which operates under the
guidance of the Military Surface Deployment and Distribution Command (SDDC). The
installation is tasked with shipping Department of Defense ammunition, dangerous cargo and
explosives including but not limited to small arms ammunition, artillery shells fuses and
propellants, ammunition for vehicle systems and aircraft bombs and ammunition. MOTSU is the
only facility in the Department of Defense network that is equipped for and authorized to handle
containerized ammunition.
Coordination pursuant to the Endangered Species Act and EFH was previously completed in
2008 and again in 2018 during that specific permit extension request. Critical habitat for the
Atlantic Sturgeon was designated within the Cape Fear River in 2016. Additionally, the 2020
SARBO has been released and the project will follow all applicable Project Design Criteria
(PDC) as outlined in the BO.
Please see the attached permit modification request to extend the Section 10 and Section 103
permits and related attachments.
EFH:
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination
is that the proposed project may affect, but is not likely to adversely affect EFH and associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the
National Marine Fisheries Service.

The waters within the Cape Fear River are designated as SC by the Division of Water Resources.
These waters ARE NOT designated as PNA by the NC Division of Marine Fisheries and are
conditionally approved closed to shellfish harvesting.
ESA:
The Corps has reviewed the project area, examined all information provided by the applicant and
consulted the latest North Carolina Natural Heritage Database. Based on available information,
the Corps has determined that the project may affect but is not likely to adversely affect the West
Indian manatee or the Atlantic and Shortnose sturgeon. The use of the Manatee Guidelines
would be required as a condition of this proposed action.
The project will not affect any other species listed as threatened or endangered or their critical
habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the
project area.
NHPA 106-
Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C
of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the
District Engineer consulted district files and records and the latest published version of the
National Register of Historic Places, the Corps has preliminarily determined that the proposed
project will have no effect on cultural resources and requests concurrence from the State Historic
Preservation Office.
Please contact me if you have any questions. Please provide comments as soon as you can or by
July 6, 2020.
Thank you,
Greg
"MORE EMAILS TO FOLLOW"

Request for Permit Extensions: SAW-1998-00432 & SAW-2011-02228
The Wilmington District on behalf of MOTSU is requesting a permit extension for Military
Ocean Terminal, Sunny Point (MOTSU) for maintenance dredging activities authorized by the
August 30, 2018 Section 10 Department of the Army (DA) permit number SAW-1998-00432;
and the April 30, 2018 Section 103 DA authorization for transporting the dredged material to the
Wilmington Ocean Dredged Material Disposal Site permit number SAW-2011-02228. Both
permits are set to expire on February 7, 2021 and have been included for reference (Enclosure 1
and 2)
Project Description:
Project is composed of three main basins (South, Central, and North), a connecting channel
between South and Central basins and a connecting channel between the Central and North
basins, and entrance channels from/into South and North basins. There is a security boat basin
on the south side of the North basin (Figure 1).
Maintenance dredging is preformed almost every year to keep the wharf depth safe for operation.
Disposal:
Material that is disposed of in the Wilmington ODMDS (Figure 2) must be approved for disposal
pursuant to Section 103 — bioassay and contaminant testing done every 3-5 years with results
provided to EPA. The EPA provides concurrence that material is acceptable for ODMDS
disposal. Corps Regulatory Permit SAW-2011-0228 currently covers the 103 permit to MOTSU
for transporting material to ODMDS.
Due to contaminant testing, barge loads from North basin are limited to 4,700 CY, remainder of
area, including security boat dock, does not have this load restriction. However, due to fine
grained material, barge overflow is not used in any area (overflow would not create better loads
due to slow settling times.
Currently Authorized Depths are as follows:
1. Project Depth to -38' (Allowable Overdepth -40'): Approach Channel South Entrance, South
Wharf Turning Basin, Approach Channel Middle Entrance, Approach Channel South to Center
Wharf, Center Wharf Turning Basin
2. Project Depth to -34' (Allowable Overdepth -36'): Approach Channel Center to North Wharf,
North Wharf Turning Basin, Approach Channel North Entrance
3. Project Depth to -12' (Allowable Overdepth -14'): Small Boat Basin (a.k.a. Security Boat
Basin or Dock)
The areas to be dredged, maximum depths, and authorized disposal areas (Wilmington ODMDS,
Disposal Area #1 and #4) remain consistent with the 2009 DA permit and are shown on the
attached enclosures. Dredging methodologies include mechanical (bucket to barge), hydraulic
pipeline, and hopper.

FY 21 Estimated Dredge Quantities:
- Approach South Entrance — 55,000 cy
- South Wharf Turning Basin and Approach Channel South to Center Wharf — 284,000 cy
- Center Wharf Turning Basin — 668,000 cy
- Approach Channel Middle Entrance — 50,000 cy
- Approach Channel Enter to North Wharf and North Wharf Turning Basin — 265,000 cy
- Approach Channel North Entrance — 150,000 cy
Purpose and Need:
The purpose is for obtaining authorization to continue maintenance dredging within the current
authorize channel of the MOTSU wharf area shown on the enclosed drawings. The maintenance
dredging is needed in order to remove sediment build up and keep the wharf channels and the
security boat basin within safe and operable depths so that regular and continued national
security and defense operations can continue uninterrupted at the installation. The primary
mission of MOTSU is be the key ammunition shipping point on the Atlantic coast for United
States forces worldwide. MOTSU is operated by the Army's 596th Transportation Brigade,
which operates under the guidance of the Military Surface Deployment and Distribution
Command (SDDC). The installation is tasked with shipping Department of Defense
ammunition, dangerous cargo and explosives including but not limited to small arms
ammunition, artillery shells fuses and propellants, ammunition for vehicle systems and aircraft
bombs and ammunition. MOTSU is the only facility in the Department of Defense network that
is equipped for and authorized to handle containerized ammunition.
Coordination pursuant to the Endangered Species Act and EFH was previously completed in
2008 and again in 2018 during that specific permit extension request. Critical habitat for the
Atlantic Sturgeon was designated within the Cape Fear River in 2016, the North Atlantic Right
Whale in 2016, and for the Loggerhead sea turtle along the coast of North Carolina in 2014.
Additionally, the SARBO 2020 has been released and the project will follow all applicable
Project Design Criteria (PDC) as outlined in the BO.
EFH:
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination
is that the proposed project may affect, but is not likely to adversely affect EFH and associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the
National Marine Fisheries Service. Impacts would be temporary and limited to increased
sedimentation during construction of the docking facility and the removal of bottom habitat. The
waters within the project area are NOT designated as PNA, are classified as SC by the NC
Division of Water Resources. Water depths within the project area range from -12.0 ft NLW to -
3 8 feet NLW.
ESA:

For ESA listed species under USFWS purview:
The Corps has reviewed the project area, examined all information provided by the applicant and
consulted the latest North Carolina Natural Heritage Database. The Corps initial determination
on species listed as threatened or endangered pursuant to the Endangered Species Act of 1973
(ESA) within the project area, is may affect, not likely to adversely affect for the West Indian
Manatee. Manatee Guidelines would be required as a condition of the extended permit.
For ESA listed species under NMFS purview:
The Corps has reviewed the project area, examined all information provided by the applicant and
consulted the latest North Carolina Natural Heritage Database. The project site is located within
designated critical habitat for the Atlantic Sturgeon, and is approximately 7 miles upriver of
designated near shore reproductive critical habitat for the loggerhead turtle. The transit to the
ODMDS will require crossing the area designated as critical caving area for the North Atlantic
Right Whale. The Corps initial determination for the following species listed as threatened or
endangered pursuant to the Endangered Species Act of 1973 (ESA) within the project area, is
may affect, not likely to adversely affect: Atlantic and shortnose sturgeons, green, kemps ridley,
loggerhead, leatherback, and hawksbill sea turtles. Moreover, the project will comply with the
North Atlantic Right Whale conservation plan as listed in the 2020 SARBO.

DEPARTMENT OF THE ARMY
MILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND
596t1 Transportation Battalion
MILITARY OCEAN TERMINAL, SUNNY POINT
SOUTHPORT, NORTH CAROLINA 28461-5000
SDAT-PWD 28 May 2020
U.S. Army Engineer District, Wilmington,
C/o Mr. Mickey Sugg,
69 Darlington Avenue,
Wilmington, NC 28403
Re: DA Permits #SAW-1998-00432 and SAW-2011-02228 — Permit Extension Request
Dear Mr. Sugg,
We hereby request an extension of the referenced Section 10 and Section 103 Department of the
Army permits authorizing maintenance dredging in the Military Ocean Terminal, Sunny Point
(MOTSU) channels and basins; and authorized transport of the dredged material to the
Wilmington Ocean Dredged Material Disposal Site. Both permits are set to expire on February
7, 2021. We request an extension for both permits until February 7, 2024. The overall project
description (including dredge areas/maximum dredging depths, dredging methodology, and
disposal areas) remains unchanged since DA Permit #SAW-1998-00432 was issued in 2009.
The project plans attached to the original permit also remain valid for future maintenance
dredging in MOTSU.
In order to meet funding/contracting requirements that will allow us to maintenance dredge the
site later this year, and in consideration of the importance of maintaining navigation at MOTSU,
we respectfully request the expedited review of this permit extension request. Thank you for
your consideration of our request.
Sincerely,
Digitally signed by
FAHEY.JOSEPH.CH FAHEY.JOSEPH.CHARLES.122622
ARLES.1226229341 9341
Date: 2020.05.2811:49:16-04'00'
JOESPH C. FAHEY
Director, Public Works

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
August 30, 2018
Regulatory Division
Action ID. SAW-1998-00432
Permit Modification # 1
Department of the Army
Military Surface Deployment and Distribution Command
596th Transportation Battalion
C/o Mr. Matthew Swanson, Director, Public Works
Military Ocean Terminal, Sunny Point (MOTSU)
Southport, North Carolina 28461-5000
Dear Mr. Swanson:
Reference the Department of the Army (DA) permit issued under SAW-1998-00432, on
January 14, 2009, which authorized dredging activities in waters of the Cape Fear River,
adjacent to MOTSU, in Brunswick County, North Carolina. Reference is also made to your DA
permit modification request dated July 26, 2018. The request is for an extension of the permit
expiration date until February 7, 2021 in order to coincide with the expiration date of permit
number SAW-2011-02228, which authorized the transport of dredged material from MOTSU to
the Wilmington Ocean Dredged Material Disposal Site (ODMDS).
The 2009 DA permit (SAW-1998-00432) project description is hereby modified as
follows: The project is to maintenance dredge MOTSU channels and basins by utilizing
mechanical (bucket to barge), hydraulic pipeline, and hopper methodologies, with dredged
material disposal located within the ODMDS, and Disposal Area #1 and #4. Specifically, the
Approach Channel South Entrance, South Wharf Turning Basin, Approach Channel Middle
Entrance, Approach Channel South to Center Wharf, and Center Wharf Turning Basin will be
dredged to -38' Mean Lower Low Water (M.L.L.W.) with an allowable overdepth of -40'
M.L.L.W. The Approach Channel Center to North Wharf, North Wharf Turning Basin, and
Approach Channel North Entrance will be dredged to -34' M.L.L.W. (allowable overdepth -36'
M.L.L.W.), and the Small Boat Basin and Security Boat Basin will be dredged to -12' M.L.L.W.
(allowable overdepth -14' M.L.L.W.).
The permit drawings attached to the 2009 DA permit are hereby replaced by the drawing
attached to this DA permit modification. Additionally, the DA permit special conditions
associated with the 2009 DA permit are hereby replaced by the attached DA permit special

conditions. The Congressional authority for this DA permit is hereby modified to include only
Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
I have determined that the proposed extension of the permit expiration date and the
permit modifications described above are not contrary to the public interest; therefore, the DA
permit is hereby modified in accordance with your request. The DA permit expiration date is
February 7, 2021. The authorized work shall be completed in accordance with the attached
drawing and special conditions.
This approved modification should be attached to the original permit and will be utilized
for future compliance reviews of the project. If you have questions regarding this permit
modification, please contact Liz Hair of the Wilmington Regulatory Field Office, at telephone
[phone], or email at sarah.e.hairgusace.army.mil.
FOR THE DISTRICT ENGINEER
Digitally signed by
REU5396
REUSCH.ERIC.GEO DH:-US, o=U.S. Government, ou=DoD,
RGEA 290053966 con=RE USCHERC.GEORGE.1290053966
Date: 2018.08.30 16:39:47-04'00'
Eric Reusch
Chief, Wilmington Field Office
Regulatory Division
Enclosures:
1) Plan dated August 2018
2) DA Permit Special Conditions
Copies Furnished (electronic):
Mr. Chad Coburn, NCDEQ-DWR
Mr. Daniel Govoni, NC DCM
Mr. Pete Benjamin, USFWS
Ms. Teresa Russell, USACE-ECP-PE
Mr. Brennan Dooley, USACE-PM

MOTSU Special Conditions
SAW-1998-00432
1. All work authorized by this permit shall be performed in strict compliance with the
project description and attached permit drawing dated August 2018, which is a part of
this permit. The Permittee shall ensure that the construction design plans for this
project do not deviate from the permit plans attached to this authorization. Any
modification to the attached permit plans must be approved by the U.S. Army Corps of
Engineers (Corps) prior to any active construction in waters.
2. Except as authorized by this permit or any Corps -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.
3. The work authorized herein includes periodic maintenance dredging which may be
performed provided:
A. The Permittee shall advise the Corps in writing at least two weeks before
undertaking any maintenance dredging.
B. The proposed area to be dredged, method of dredging and disposal of dredged
material shall be in strict accordance with that authorized by this permit.
C. The Permittee shall comply with all U.S. Coast Guard regulations for dredging
operations. The Permittee shall contact Commander, Fifth Coast Guard District at 757-
398-6220 or [e-mail] at least 30 days prior to construction to request
a notice in the Local Notice to Mariners. The Permittee shall notify the Corps when this
coordination with the U.S. Coast Guard has been commenced.
4. 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 and drawings shall be available at the project site during construction and
maintenance of this project.
5. The Permittee shall notify the Corps in writing prior to beginning the work authorized
by this permit and again upon completion of the work authorized by this permit. The
contractors name, phone number, and address, including a field contact name and
number, will be submitted to the Corps prior to construction.
6. All reports, documentation and correspondence required by the conditions of this
permit shall be submitted to the following address: U.S. Army Corps of Engineers,
Regulatory Division, Wilmington Regulatory Field Office, 69 Darlington Avenue
Wilmington, North Carolina,28403, and by telephone at: 910-251-4049. The Permittee
shall reference the following permit number, SAW-1998-00432, on all submittals.

7. 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.
8. Violation of these permit conditions or violation of Section 404 of the Clean Water Act
or Section 10 of the Rivers and Harbors Act shall be reported to the Corps in writing
and by telephone at: 910-251-4049 within 24 hours of the Permittee's discovery of the
violation.
9. 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.
10. This permit does not authorize the interference with any existing or proposed
Federal project, and the Permittee will not be entitled to compensation for damage or
injury to the authorized structure or work which may be caused from existing or future
operations undertaken by the United States in the public interest. 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. Use of the permitted activity must not
interfere with the public's right to free navigation on all navigable waters of the United
States.
11. The North Carolina Division of 401 Water Quality (DWQ) certification No. 3161 was
issued on October 7, 1997. The conditions of that certification are hereby incorporated
as special conditions of this permit.
12. 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 and
provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act
shall be followed.
13. The Permittee shall monitor any dredge pipeline utilized during construction
activities, in order to check for potential leaks, which may emanate from the pipeline
couplings. All dredge activities will cease if leaks are found. Operations may resume
upon appropriate repair of affected couplings, or other equipment.
14. This Corps permit does not authorize you to take an endangered species. In order to
legally take a listed species, you shall have separate authorization under the ESA (e.g.,
an ESA Section 10 permit, or a BO under ESA Section 7, with "incidental take"
provisions with which you shall comply). The National Marine Fisheries Service (NMFS)

South Atlantic Regional Biological Opinion (SARBO) contains mandatory terms and
conditions to implement the reasonable and prudent measures that are associated with
"incidental take" that is also specified in the BO. The SARBO is available at the following
website: https://dgm.usace.army.mil/odess/#/technical Info.
Your authorization under this Corps permit is conditional upon your compliance with all of
the mandatory terms and conditions associated with incidental take of the SARBO, which
terms and conditions are incorporated by reference in this permit. Failure to comply with
the terms and conditions associated with incidental take of the SARBO, where a take of
the listed species occurs, would constitute an unauthorized take, and it would also
constitute noncompliance with your Corps permit. The NMFS is the appropriate authority
to determine compliance with the terms and conditions of its SARBO, and with the ESA.
15. In the event an incidental take of a sea turtle, whale, manatee, or sturgeon
(shortnose and Atlantic) occurs by a dredge, the Permittee shall stop all dredging
operations and contact the Corps for consultation to determine the appropriate action,
including the immediate implementation of additional protective measures. The
Permittee shall immediately notify the Wilmington Regulatory Field Office, Attn: Project
Manager, Ms. Liz Hair, by email sarah.e.hairCcD-usace.army.mil or by telephone at 910-
251-4049 that an incidental take has occurred. In the case of an incidental take of a sea
turtle, the Sea Turtle Mortality Report will be filled out by the Observer immediately
(within 6 hours) and e-mailed in pdf format to [e-mail] and the
Corps contact listed above.
16. In order to protect the endangered West Indian manatee (Trichechus manatus) the
Permittee shall implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and
strictly adhere to all requirements therein. The guidelines can be found at
httD://www.fws.aov/nc-es/mammal/manatee auidelines.Ddf.
17. In order to protect the federally -listed shortnose and Atlantic sturgeon, no in water
work shall occur from July 1 through September 30 in any year.
18. In order to minimize potential impacts to federally -listed sea turtle species, in -water
lines (rope, chain, and cable, including the lines to secure turbidity curtains) must be
stiff, taut, and non -looping. Examples of such lines are heavy metal chains or heavy
cables that do not readily loop and tangle. Flexible in -water lines, such as nylon rope or
any lines that could loop or tangle, must be enclosed in a plastic or rubber sleeve/tube
to add rigidity and prevent the line from looping and tangling. In all instances, no excess
line is allowed in the water.
Hydraulic Dredge Conditions:
19. All excavated materials will be confined landward of the mean high water (MHW)
elevation contour within adequate dikes or other retaining structures to prevent spillover
of solids into any vegetated wetlands or surrounding waters.
A. The terminal end of the pipeline from the dredge into the diked retention area
shall be positioned at least 50 feet from any part of the dike and a maximum
distance from spillways to prevent dike erosion and to allow adequate settlement
of suspended solids.

B. A water control structure shall be installed at the intake end of the effluent
pipe leading from the retention area to ensure maximum settlement of
suspended solids.
C. Flow from the diked retention area shall be confined by pipe, trough, or similar
device to a point at or below the mean low water (MLW) elevation contour to
prevent gully erosion and siltation.
Hopper Dredge Conditions:
20. Turtle Deflector Device. The Permittee shall provide a turtle deflector device
checklist and drawings as a component of their Environmental Protection Plan for
review and approval prior to hopper dredging commencement. The drawing shall
provide the structural design and soundness of the sea turtle deflector device and
indicate the approach angle and associated forward deflector attachment link length
relative to the project dredging depths. Neither the Permittee nor the contractor shall
commence hopper dredging until approval of the Environmental Protection Plan by the
Corps.
21. Hopper Dredge Quality Assurance. The Permittee shall request a Quality
Assurance (QA) inspection to be performed by Corps personnel prior to hopper
dredging commencement.
22. Dredging Quality Management. The National Dredging Quality Management (DQM)
program monitoring system shall be operational prior to commencement of dredging for
all hopper dredging projects. The Permittee shall coordinate with the DQM Center and
provide appropriate project information for each project prior to hopper dredging
commencement. The DQM Center can be contacted using the following internet link:
http://dgm.usace.armV.mil/ or email at DQM-Support(a-)_usace.army.mil.
23. Dredging Operations. During all hopper dredging operations, sea turtle deflecting
dragheads, NMFS-approved protected species observers, and 100% inflow screening
is required, and 100% overflow screening is recommended. If 100% inflow screening
cannot be implemented, inflow screening can be reduced but 100% overflow screening
is required. Variations from this condition, including modifications to inflow and overflow
screen configurations, may be granted by the Corps, but must be justified from a
technical perspective (i.e. debris clogging the screens) and advance notification
provided to the Corps and the NMFS. Corps approval is required prior to
implementation of any variations.
24. Maintenance Dredging Restrictions. Maintenance dredging utilizing a hopper
dredge shall be restricted to 1 December through 15 April in any year. This timing
window is in addition to the timing window required in permit special condition #17.
25. Hopper Dredge Endangered Species Observers. The Permittee shall ensure
hopper dredge endangered species observers monitor takes of all ESA listed species.
All contracted endangered species observers must be certified by NMFS for
observation of all species of whales. Two observers shall be on any given hopper
dredge. The hopper dredge shall not get closer than 500 yards of a right whale.

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