19970839 Ver 1_USACE Permit_20200826 (2)

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
August 19, 2020
Regulatory Division
Action ID No. SAW-2011-02228
Military Surface Deployment and Distribution Command
596th Transportation Battalion
Attn: Mr. Joseph H. Fahey, Director, Public Works
Military Ocean Terminal, Sunny Point (MOTSU)
6280 Sunny Point Road SE-ATTN: Public Works
Southport, North Carolina 28461-5000
Dear Mr. Fahey:
Reference is made to your existing Section 103 Department of the Army (DA) Permit
dated April 30, 2018 and your permit modification request dated May 28, 2020, in which
you request to continue transportation and disposal of dredged material to the New
Wilmington Ocean Dredged Material Disposal Site (ODMDS) to dispose of dredged
material from MOTSU's maintenance dredging activities. The modification request is to
extend the permit expiration date until July 31, 2023. The disposal site is located
approximately 7 to 12.5 nautical miles offshore of Bald Head Island at the mouth of the
Cape Fear River in North Carolina. The Wilmington ODMDS covers an area of about
9.4 square nautical miles (nmi) and has depths ranging from about -35 to -52 feet.
I have determined that the proposed extension of the permit expiration date is not
contrary to the public interest; therefore, the DA permit is hereby modified in accordance
with your request and applicable new, modified and original special conditions. The DA
permit expiration date for this modification is July 31, 2023, which coincides with the
expiration date of your August 17, 2020 DA authorization to conduct maintenance
dredging, pursuant to Section 10 of the Rivers and Harbors Act, for the MOTSU docking
operations. The authorized work shall be completed in accordance with the attached
drawings and the following new and modified special conditions:
1) New ODMDS Special Conditions
a. All specifications and conditions of the December 2012 Site Management and
Monitoring Plan (SMMP) for the Wilmington ODMDS are made conditions of
this permit.

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b. Disposal shall occur no less than 330 feet (100 meters) inside the site
boundaries of the ODMDS.
c. In accordance with the ODMDS SMMP, the USACE or site user is required to
conduct pre- and post -disposal bathymetric surveys and submit a final
disposal summary report to the EPA within 90 days of project completion.
d. In consideration that maintaining adequate depths at the ODMDS is of
paramount importance, dredged material shall be disposed in a manner such
that depths less than -30 feet MLLW at any point do not occur.
e. Disposal will be completed prior to leaving the ODMDS boundaries as
indicated by hull status showing that the hopper doors are closed. All
reporting shall be consistent with the SMMP.
f. Disposal monitoring data shall be provided to the EPA electronically on a
weekly basis.
g. The operator shall notify the USACE and the EPA within 24 hours (or next
business day) if a violation of the permit and/or concurrence conditions occur
during disposal operations.
h. At no time may any debris be placed in the ODMDS.
i. A copy of the current SMMP must be provided to the contractor (or
prospective contractors) and the EPA must be notified that the document has
been provided to them.
j. National Marine Fisheries Service Protected Resources Division's (NMFS
PRD) March 26, 2020 SARBO contains Project Design Criteria (PDCs) that
are subject to the specific and general activities associated with the
authorized project. All PDCs included in Attachment (A) (SARBO Project
Design Criteria) of this DA authorization must be implemented and adhered
to.
Failure to comply with all applicable project design criteria and mandatory
conservation measures would constitute non-compliance with your USACE
permit. Failure to comply with this permit will be the basis for suspension and
revocation of this permit and may be the basis for other enforcement action.
NMFS has directed that this SARBO issued to the Corps serve as the formal
consultation for all projects in the area covered by the SARBO; however,
where the terms and conditions of the SARBO differ from the special
conditions of this permit, the special conditions of this permit will take
precedence as the more stringent condition. The 2020 SARBO supersedes

al
the 1997 SARBO, which was previously used for this dredging project.
Please reference Section 10.1, Table 53 of the 2020 SARBO for the updated
Incidental Take Statement (ITS) allocations.
The Permittee understands and agrees that, even where it is in full
compliance with the terms and conditions of the SARBO ITS and this permit,
incidental take by the Permittee or other dredging operations within the area
covered by the SARBO may result in suspension or modification of this permit
by the Corps. The amount of incidental take that will trigger suspension, and
the need for any such suspension, shall be determined at the discretion of the
Corps. The Permittee understands and agrees on behalf of itself, its agents,
contractors, and other representatives, no claim, legal action in equity or for
damages, adjustment, or other entitlement against the Corps shall arise as a
result of such suspension or related action.
2) Modified Special Conditions (numbers coincide with the original permit
conditions): *Please note that underlining includes additions.
a. Special Condition (2): In accordance with your written request of May 28,
2020, your permit, including special conditions, is hereby renewed for three
years from the date of the U.S. Environmental Protection Agency's (USEPA)
July 31, 2020 Concurrence Letter and will expire on July 31, 2023. The
permittee shall comply with the load volume restrictions as provided in the
USEPA Concurrence Letter dated July 31, 2020 (Attachment (B)). If a change
in the authorized work is necessary, you should promptly submit revised
plans to the Corps showing the proposed changes. You may not undertake
the proposed changes until the Corps notifies you that your permit has been
modified.
b. Special Condition (3): You should address all questions regarding this
authorization and send required documents to the attention of Mr. Greg
Curren at the following address: Wilmington Regulatory Field Office,
Regulatory Division, 69 Darlington Avenue, Wilmington, North Carolina
28403, or by telephone at [phone].
All Special Conditions except those listed as modified above, as prescribed in the
April 30, 2018 authorization and enclosed for your convenience, remain valid. If any
change in your work is required because of unforeseen or altered conditions or for any
other reason, plans revised to show the change must be sent promptly to this office

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prior to performing any such change or alteration. Such action is necessary as revised
plans must be reviewed and the authorization modified.
This approved modification should be attached to the original permit and will be
utilized for future compliance of the project. If you have questions, please contact Greg
Currey of the Wilmington Regulatory Field Office, at telephone [phone] or email
[e-mail].
FOR THE DISTRICT ENGINEER
SUGG. •'ICKI_Y• Digitaly signed by
SSUGGIMICKEY..T.11229800830
0400z°2°.08.2°08,624
T.1229800830
Mickey Sugg
Chief, Wilmington Field Office
Regulatory Division
Enclosures:
Plans
April 30, 2018 Permit Modification
Attachment (A) (SARBO Project Design Criteria)
Attachment (B) (July 31, 2020 USEPA Concurrence)
Electronic Copy Furnished (without enclosures):
NOAA/NMFS; Mr. Fritz Rohde/Ms. Twyla Cheatwood
NOAA/NMFS; Dr. Pace Wilber
NCDEQ/DCM; Mr. Daniel Govoni
NCDEQ/DCM; Mr. Curt Weychert
NCDEQ/DCM; Ms. Tanya Pietila
NCDEQ/DWR; Mr. Robb Mairs
NCDEQ/DWR; Mr. Paul Wojoski
NCDEQ/DWR; Mr. Jonathan Howell
USFWS; Mr. Pete Benjamin
USFWS: Ms. Kathy Matthews
USEPA; Mr. Todd Allen Bowers
USEPA; Mr. Gary Collins
USCG; BOSN4 Ryan Taylor
FEMA; Ms. Kristin Morris

April 30, 2018 Authorization
ACTION ID SAW-2011-02228
PERMIT SPECIAL CONDITIONS
1. In accordance with 33 U.S.C. 1341(d), all conditions of the North Carolina Division of Coastal
Management CAMA Permit #91-18 dated September 4, 2018, and the North Carolina Division
of Water Resources 401 Water Quality Certification # 20180944, dated August 31, 2018, are
incorporated by reference as part of the Department of the Army permit, and attached for your
convenience.
2. In accordance with your written request of 13 February 2018, your permit, including special
conditions, is hereby renewed for three years and will expire on 7 February 2018, concurrently
with the U.S. Environmental Protection Agency (USEPA) concurrence. A copy of the applicable
USEPA concurrence letter dated 7 February 2018 and the authorized permit drawings are
attached. The permittee shall comply with the load volume restrictions as provided in the
USEPA concurrence letter. If a change in the authorized work is necessary, you should promptly
submit revised plans to the Corps showing the proposed changes. You may not undertake the
proposed changes until the Corps notifies you that your pemmit has been modified.
3. You should address all questions regarding this authorization and send required documents to
the attention of Mr. Tyler Crumbley at the following address: Wilmington Regulatory Field
Office, Regulatory Division, 69 Darlington Avenue, Wilmington, North Carolina 28403, or by
telephone at [phone].
4. Commencement Notification: The Permittee shall provide to the Corps and EPA a written
notification of the date of commencement of work authorized by this permit at least 15 days prior
to initiating dredging operations.
5. Site Monitoring and Management Plan: The Permittee shall comply with the monitoring and
reporting requirements referenced in the December 2012 Site Monitoring and Management Plan
(SMMP) for the Wilmington ODMDS.
6. Loss of Material: The Permittee shall not allow water or dredged material placed in a hopper
dredge, disposal barge or scow to flow over the sides or leak from such vessels during
transportation to the Wilmington ODMDS.
7. Disposal Zone: The Permittee shall ensure that the disposal of material occurs within the 9.4
square nautical mile disposal zone within the ODMDS defined by the following coordinates
(NAD83):
NW Comer: 33 ° 46.010' N; 078 ° 02.483' W
NE Corner: 33 ° 46.010' N; 078 ° 00.983' W
SW Comer: 33 ° 41.011' N; 078 ° 00.983' W
SE Corner: 33 ° 41.01 F N; 078 ° 03.983' W
The Permittee shall ensure the hopper dredge, disposal barge or scow shall be in the closed
position and all discharge of material has ceased before the disposal vessel leaves the disposal
zone of the Wilmington ODMDS.

8. Disposal Operations Compliance: The Permittee shall ensure the disposal operations
inspector and/or captain of any tug boat, hopper dredge or other vessel used to transport dredged
material to the Wilmington ODMDS complies with the disposal operation conditions defined in
the SMMP and/or this permit. The following actions must be taken if a violation occurs: a) the
violation shall be reported to the contracting officer's representative and immediately to the
EPA's Ocean Dumping Coordinator at [phone], and b) written notification shall be
faxed to EPA Region IV, Attn: EPA's Ocean Dumping Coordinator at [phone], as well
as to the U.S. Army Corps of Engineers, Attn: Operations at [phone] within twenty-four
(24) hours after the violation occurs.
9. Electronic Tracking System: The Permittee shall use an electronic tracking system (ETS) that
will continuously track the horizontal location and draft condition of the disposal vessel (hopper
dredge or disposal barge or scow) to and from the New Wilmington Ocean Dredged Material
Disposal Site (ODMDS). Data shall be collected at least every 500 feet during travel to and from
the ODMDS and every minute or every 200 feet of travel, whichever is smaller, while
approaching within 1,000 feet and within the ODMDS. State Plane coordinates shall be reported
to the nearest foot and latitude and longitude coordinates shall be reported as decimal degrees to
6 decimals. Westerly longitudes are to be reported as negative. Draft readings shall be recorded
in feet out to 2 decimals. If the electronic positioning system fails or navigation problems are
detected, all disposal operations shall cease until the failure or navigation problems are corrected.
10. Load Data: The Permittee shall record electronically for each load the following information:
a. Load Number
b. Disposal Vessel or Scow Name
c. Tow Vessel Name (if scow used)
d. Captain of Disposal or Tow Vessel
e. Estimated volume of Load
f. Description of Material Disposed
g. Source of Dredged Material
h. Date, Time and Location at Start at Initiation and
Completion of Disposal Event
i. The ETS data required by the Electronic Tracking System
Special Condition.
11. Bathymetric Survey: The Permittee shall conduct a bathymetric survey of the Wilmington
ODMDS within 90 days prior to project disposal and within 45 days following project
completion in accordance with the following:
a. The number and length of the survey transects shall be sufficient to encompass the
Wilmington ODMDS and a 500-foot wide area around the site. The transects shall be
spaced at 500-foot intervals or less.
b. Vertical accuracy of the survey shall be +/-0.5 feet. Horizontal location of the survey
lines and depth sounding points will be determined by an automated positioning system
utilizing either microwave line of site system or differential global positioning system.
The vertical datum shall be mean lower low water (m.1. Lw) and the horizontal datum

shall use Florida State Plane or latitude and longitude coordinates (NO lth American
Datum 1983). State Plane coordinates shall be reported to the nearest 0 .10 foot and
latitude and longitude coordinates shall be reported as decimal degrees to 6 decimal
points.
12. Electronic Data: The Permittee shall provide electronic data required by the Electronic
Tracking System and Load Data Special Conditions above to EPA Region IV on a weekly basis.
The data shall be submitted as an extensible Markup Language (XML) document via Internet
email to [e-mail]. XML data file format specifications are available from
EPA Region IV.
13. Post -Disposal Data: The Permittee shall submit Post -Disposal Data to the Corps and EPA at
the address referenced in the Special Conditions above, documenting compliance with all general
and special conditions defined in this permit. The Post -Disposal Data shall be sent within 90
days after completion of the disposal operations authorized by this permit. The Post -Disposal
Data shall consist of four individual reports, which are: Summary Report, Material Discharge
Report, Summary Scatter Plot, and Bathymetric Survey Results. The reports shall include, at a
minimum, the following information:
a. The Summary Report shall include: dredging project title, DOA permit number and
expiration date (if applicable), contract number, name of contractor, name and type of
vessel(s) discharging material in ODMDS, disposal timeframes for each vessel, total
volume (paid and unpaid in situ dredged quantity) for contract, total volume (paid and
unpaid in situ dredged quantity) to each disposal location, total paid volume (paid in situ
dredged quantity) to ODMDS, gross volume (reported by contractor) to ODMDS,
number of loads to ODMDS, type of material to ODMDS, number of loads placed
outside authorized ODMDS release zone, number of loads placed outside ODMDS
limits, dates of pre -disposal and post -disposal bathymetric surveys, and a brief narrative
discussing any violation(s) of the 103 concurrency and/or DOA permit (if applicable).
This narrative shall include a description of the violation, indicate the time it occurred
and when it was reported to the EPA, discuss the circumstances surrounding the
violation, and identify specific measures taken to prevent reoccurrence.
b. The Material Discharge Report shall include: a spreadsheet of all material discharges in
the Wilmington ODMDS, in Microsoft Excel format with the load number, disposal vessel
name and type, tow vessel name (if applicable), Captain of disposal or tow vessel, estimated
volume of load, description of material, source of material, date, time, and exact coordinate
location at which discharge was initiated. The state plane coordinate system and horizontal
datum used to identify these discharge locations will be indicated on the report.
c. Summary Scatter Plot(s) shall include a summary scatter plot(s), in Adobe Acrobat PDF
format, for all material discharges in the Wilmington ODMDS which clearly indicates the
authorized release zone, ODMDS limits, and exact location at which discharge was initiated.
Each discharge will be labeled with the corresponding load number at a small but legible
font. No more than fifty discharges may be shown on any individual plot.
d. The Bathymetric Survey Results shall include pre -disposal and post -disposal bathymetric
survey plots in Adobe Acrobat PDF format. Field data used to create the soundings shown on

these survey plots will be provided in sorted and space -delimited ASCII files. The plots will
indicate the state plane coordinate system, horizontal datum, and vertical datum on which the
surveys are based.

New Wilmington ODMDS Disposal Map
Disposal Grid
45 grids x 45 grids
All grids are 700 ft x 700ft
Total grid is 30,800 ft x 30,800 ft
Disposal Area
30,390 ft x 10,712 ft
LI
Z
Northwest Corner
X = 555 ft
Z = 10,393 ft
Restricted Disposal Scenario 1 Coordinates
Northwest Corner — X = 1,500 ft; Z = 11,500 ft
Southeast Corner — X = 28,000 ft; Z = 13,250 ft
Current Velocity
X-direction: 0 ft/sec
Z-direction: 0.65 ft/sec
Material Velocity
X-direction: 6.2 ft/sec
Z-direction: 6.2 ft/sec
O
Position of Disposal
is at Center
15,750 ft x 15,750 ft
Southeast Corner
X = 30,945 ft
Z=21,106ft
Restricted Disposal Scenario 2 Coordinates
❑ Northwest Corner — X = 3,500 ft; Z = 11,200 ft
Southeast Corner — X = 28,000 ft; Z = 12,600 ft
NOT TO SCALE

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Long. 78' 2.483' W =" -
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Lat 33' 41,011' N ` -o
Long. 78a 0.983 W '.
A l O D M D S „ Coordinator am labeled with NAD83
4 I Lat 33' .011' N aoardln'tea. Converted from NAD 21
lAI per 40 CFR228.16{EPA Designation).
Long. 78' 3,9$3' yy l 9aakg..nrt: NOAA Cheri a 11536
Map DM.: March T, 2012
Map faawtnavgi6-2A92-01205
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Figure 1. Location of the New Wilmington ODMDS.

SrnTLS of
Regulatory Division
Action ID. SAW-2011-02228
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
April 30, 2018
Department of the Army
Attn: Mr. Matthew Swanson
Military Ocean Terminal Sunny Point
6280 Sunny Point Road, SE-ATTN: Public Works
Southport, North Carolina 28461
Dear Mr. Swanson:
In accordance with your written request of February 13, 2018, and the ensuing
administrative record, enclosed is a copy of a Department of the Army (DA) Permit to transport
and dispose dredged material to the New Wilmington Ocean Dredged Material Disposal Site
(ODMDS). The site is located approximately 7 to 12.5 nautical miles offshore Bald Head Island,
North Carolina. The Wilmington ODMDS has an area of about 9.4 square nautical miles (nmi).
Depths within the ODMDS range from about -35 to -52 feet local mean low water.
Any deviation in the authorized work will likely require modification of this permit. If a
change in the authorized work is necessary, you should promptly submit revised plans to the
Corps showing the proposed changes. You may not undertake the proposed changes until the
Corps notifies you that your permit has been modified.
Carefully read your permit. The general and specific conditions are important. Your failure
to comply with these conditions could result in a violation of Federal law. Certain significant
general conditions require that:
a. You must complete construction before February 7, 2021.
b. You must notify this office in advance as to when you intend to commence and complete
work.
c. You must allow representatives from this office to make periodic visits to your worksite
as deemed necessary to assure compliance with permit plans and conditions.
You should address all questions regarding this authorization to, Liz Hair, Project Manager,
at the Wilmington Regulatory Field Office, telephone [phone].

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Thank you in advance for completing our Customer Survey Form. This can be
accomplished by visiting our website at http://per2.nM.usace.ai-my.miUsuivey.html and
completing the survey on-line. We value your comments and appreciate your taking the time to
complete a survey each time you interact with our office.
Sincerely,
Eric G. Reusch
Chief, Wilmington Field Office
Enclosures
Wilmington ODMDS Site Location Map
EPA Section 103 Disposal Concurrence Letter
Copies Furnished (w/Special Conditions & Plans):
Mr. Doug Huggett - NCDEQ/DCM
Mr. Chad Coburn - NCDEQ/DWR
Ms. Karen Higgins - NCDEQ/DWR
Ms. Heather Coats — NCDEQ/DCM
Dr. Pace Wilber — NMFS/HCS
Dr. Ken Riley — NMFS/HCS
Mr. Pete Benjamin — USFWS/FEW
Mr. Todd A. Bowers — USEPA/WPD
Mr. Justin P. Bashaw — USACE/ECP-PE

)DEPARTMENT OF THE .AWAY PERMI[`l('
Permittee: Department of the Army (DOA) --- Military Ocean. Terminal Sunny Point (MOTSID
Perm itNo,: SAW-2011-02228
Issuing Office: CESAW-RG-L
NOTE: The term "you" and its derivatives, as used in this permit, means the pennittee or any future transferee. The
term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction
over the permitted activity or the appropriate official of that office acting under the authority of the commanding
officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: The overall project purpose is to transport and dispose dredged material to the New
Wihnhrgton Ocean Dredged Material Disposal Site (ODMDS),
Project Location: The ODMDS site is located approximately 7 to 12.5 nautical miles offshore Bald Bead Island,
North Carolina, The Wilmington ODMDS has an area of about 9.4 square nautical miles (=V), Depths within the
ODMDS range from about -35 to -52 foot local mean low water,
General Conditions:
1. The time limit for completing the work authorized ends on February 7, 2021, (coincidental with the
EPA Section 103 Disposal Concurrence Letter), If you find that you need more time to complete the
authorized activity, submit your request for a time extension to this office for consideration at feast one
month before the above date is reached.
2. You must maintain the activity, authorized by this permit in good condition and in conformance with the
terms and conditions of this permit. You are not relieved of this requirement If you abandon the permitted
activity, although you may malce a good faith trausfer to a third party In compliance with General Condition
A below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it
without a good faith transfer, you must obtain a modification of this permit from this office, which may
require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate
the Federal and state coordination required to determine if the remains warrant a recovery effort or if the
site is eligible for listing In the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the now owner in the
space provided and forward a copy of the permit to this office to validate the transfer of this authorization,
S. If a conditioned water quality certification has been Issued for your project, you must comply with tho
couditions specified in the certification as special conditions to this permit. For your convenience, a copy of
the certification is attached if it contains such conditions.
G. You must allow representatives from this office to inspect the authorized activity at any time deemed
necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of
your pornnit,

Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant
to:
Q Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
Q Section 404 of the Clean Water Act (33 U.S.C.1344).
(X) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the ►teed to obtain other Federal, state, or local authorizations required by
law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any Injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability
for the following:
a. Damages to the permitted project or uses thereof as it result of other permitted or unpermitted
activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken
by or on behalf
of the United States In the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by
the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e, Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determinatlai of this office that issuance of this permit is not contrary
to the public Interest was made In reliance on the Information you provided.
5, Reevaluation of Permit Decision, This office may reevaluate Its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the
following:
n, You fall to comply with the terms and conditions of this permit,

b. The information provided by you in support of your permit application proves to have been false,
incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public
interest decision.
Such a reevaluation may result In a determination that it is appropriate to use the suspension, modification,
and revocation procedures contained In 33 CFR 325.7 or enforcement procedures such as those contained in
33 CM 326.4 and 326.5. The referenced enforcement procedures provide for the Issuance of an
ndmi nlstrative order requiring you to comply with the terms and conditions of your permit and for the
Initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered
by this office, and if you fail to comply with such directive, this office may In certain situations (such as those
specified in 33 CVR 209,170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by
this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity
or a reevaluation of the public Interest decision, the Corps will normally give favorable consideration to a
request for an extension of this time limit.
Your signature below, as permitted, Indicates that you accept and agree to comply with the terms and
conditions of this pernilt.
'77
MI " T & ti W/ 6
(PI3R (DAM)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has
signed below.
" I"" (DISTRXTENGINB&R) ROBERT J. CLARK (DATE)
COLONEL, U.S. ARMY
DISTRICT COMMANDER
When the structures or work authorized by this perndt are still in existence at the time the property is
transferred, the terms and conditions of this permit will continue to be binding on the new owner(S) of the
property. To validate the transfer of this permit and the associated liabilities associated with compliance with
its terms and conditions, have the transferee sign and date below.
(TRANSTMEL)
(DATE)
*U.S. GOVERNMENT PRTNTINO OFF1Ca;1986 - 717A25

Special Conditions
SAW-2011-02228
1. In accordance with your written request of 13 February, 2018, your permit, including special
conditions, is hereby renewed for three years and will expire on 7 February, 2018, concurrently
with the U.S. Environmental Protection Agency (USEPA) concurrence. A copy of the applicable
USEPA concurrence letter dated 7 February, 2018 and the authorized permit drawings are
attached. The permittee shall comply with the load volume restrictions as provided in the
USEPA concurrence letter. If a change in the authorized work is necessary, you should promptly
submit revised plans to the Corps showing the proposed changes. You may not undertake the
proposed changes until the Corps notifies you that your permit has been modified.
2. You should address all questions regarding this authorization and send required documents to
the attention of Mr. Tyler Crumbley at the following address: Wihnington Regulatory Field
Office, Regulatory Division, 69 Darlington Avenue, Wilmington, North Carolina 28403, or by
telephone at [phone].
3. Commencement Notification: The Permittee shall provide to the Corps and EPA a written
notification of the date of commencement of work authorized by this permit at least 15 days prior
to initiating dredging operations.
4. Site Monitoring and Management Plan: The Permittee shall comply with the monitoring and
reporting requirements referenced in the December, 2012 Site Monitoring and Management Plan
(SMMP) for the Wilmington ODMDS.
5. Loss of Material: The Permittee shall not allow water or dredged material placed in a hopper
dredge, disposal barge or scow to flow over the sides or leak from such vessels during
transportation to the Wihnington ODMDS.
6. Disposal Zone: The Permittee shall ensure that the disposal of material occurs within the 9.4
square nautical mile disposal zone within the ODMDS defined by the following coordinates
(NAD83):
NW Corner: 33 ° 46.010' N; 078 ° 02.483' W
NE Corner: 33 ° 46.010' N; 078 ° 00.983' W
SW Corner: 33 ° 41.011' N; 078 ° 00.983' W
SE Corner: 33 ° 41.011' N; 078 ° 03.983' W
The Permittee shall ensure the hopper dredge, disposal barge or scow shall be in the closed
position and all discharge of material has ceased before the disposal vessel leaves the disposal
zone of the Wilmington ODMDS.
7. Disposal Operations Compliance: The Permittee shall ensure the disposal operations
inspector and/or captain of any tug boat, hopper dredge or other vessel used to transport dredged
material to the Wilmington ODMDS complies with the disposal operation conditions defined in
E'

the SMMP and/or this permit. The following actions must be taken if a violation occurs: a) the
violation shall be reported to the contracting officer's representative and immediately to the
EPA's Ocean Dumping Coordinator at [phone], and b) written notification shall be
faxed to EPA Region IV, Attn: EPA's Ocean Dumping Coordinator at [phone], as well
as to the U.S. Army Corps of Engineers, Attn: Operations at [phone] within twenty-four
(24) hours after the violation occurs.
8. Electronic Tracking System: The Pertnittee shall use an electronic tracking system (ETS) that
will continuously track the horizontal location and draft condition of the disposal vessel (hopper
dredge or disposal barge or scow) to and from the New Wilmington Ocean Dredged Material
Disposal Site (ODMDS). Data shall be collected at least every 500 feet during travel to and fiom
the ODMDS and every minute or every 200 feet of travel, whichever is smaller, while
approaching within 1,000 feet and within the ODMDS. State Plane coordinates shall be reported
to the nearest foot and latitude and longitude coordinates shall be reported as decimal degrees to
6 decimals. Westerly longitudes are to be reported as negative. Draft readings shall be recorded
in feet out to 2 decimals. If the electronic positioning system fails or navigation problems are
detected, all disposal operations shall cease until the failure or navigation problems are corrected.
9. Load Data: The Permittee shall record electronically for each load the following information:
a. Load Number
b. Disposal Vessel or Scow Name
C. Tow Vessel Name (if scow used)
d. Captain of Disposal or Tow Vessel
C. Estimated volume of Load
f Description of Material Disposed
g. Source of Dredged Material
h. Date, Time and Location at Start at Initiation and
Completion of Disposal Event
i. The ETS data required by the Electronic Tracking System
Special Condition.
10. Bathymetric Survey: The Permittee shall conduct a bathymetric survey of the Wilmington
ODMDS within 90 days prior to project disposal and within 45 days following project
completion in accordance with the following:
a. The number and length of the survey transects shall be sufficient to encompass the
Wilmington ODMDS and a 500 foot wide area around the site. The transects shall be spaced at
500-foot intervals or less.
b. Vertical accuracy of the survey shall be +/-0.5 feet. Horizontal location of the survey lines
and depth sounding points will be determined by an automated positioning system utilizing
either microwave line of site system or differential global positioning system. The vertical datum
shall be mean lower low water (m.l.l.w) and the horizontal datum shall use Florida State Plane or
latitude and longitude coordinates (North American Datum 1983). State Plane coordinates shall
be reported to the nearest 0.10 foot and latitude and longitude coordinates shall be reported as
decimal degrees to 6 decimal points.
5

11. Electronic Data: The Permittee shall provide electronic data required by the Electronic
Tracking System and Load Data Special Conditions above to EPA Region IV on a weekly basis.
The data shall be submitted as an eXtensible Markup Language (XML) document via Internet e-
mail to [e-mail]. XML data file format specifications are available from EPA
Region IV.
12. Post -Disposal Data: The Permittee shall submit Post -Disposal Data to the Corps and EPA at
the address referenced in the Special Conditions above, documenting compliance with all general
and special conditions defined in this permit. The Post -Disposal Data shall be sent within 90
days after completion of the disposal operations authorized by this permit. The Post -Disposal
Data shall consist of four individual reports, which are: Summary Report, Material Discharge
Report, Summary Scatter Plot, and Bathymetric Survey Results. The reports shall include, at a
minimum, the following information:
a. The Summary Report shall include: dredging project title, DOA permit number and
expiration date (if applicable), contract number, name of contractor, name and type of vessel(s)
discharging material in ODMDS, disposal timeframes for each vessel, total volume (paid and
unpaid in situ dredged quantity) for contract, total volume (paid and unpaid in situ dredged
quantity) to each disposal location, total paid volume (paid in situ dredged quantity) to ODMDS,
gross volume (reported by contractor) to ODMDS, number of loads to ODMDS, type of material
to ODMDS, number of loads placed outside authorized ODMDS release zone, number of loads
placed outside ODMDS limits, dates of pre -disposal and post -disposal bathymetric surveys, and
a brief narrative discussing any violation(s) of the 103 concurrency and/or DOA permit (if
applicable). This narrative shall include a description of the violation, indicate the time it
occurred and when it was reported to the EPA, discuss the circumstances surrounding the
violation, and identify specific measures taken to prevent reoccurrence.
b. The Material Discharge Report shall include: a spreadsheet of all material discharges in
the Wilmington ODMDS, in Microsoft Excel format with the load number, disposal vessel name
and type, tow vessel name (if applicable), Captain of disposal or tow vessel, estimated volume of
load, description of material, source of material, date, time, and exact coordinate location at
which discharge was initiated. The state plane coordinate system and horizontal datum used to
identify these discharge locations will be indicated on the report.
c. Summary Scatter Plot(s) shall include a summary scatter plot(s), in Adobe Acrobat PDF
format, for all material discharges in the Wilmington ODMDS which clearly indicates the
authorized release zone, ODMDS limits, and exact location at which discharge was initiated.
Each discharge will be labeled with the corresponding load number at a small but legible font.
No more than fifty discharges may be shown on any individual plot.
d. The Bathymetric Survey Results shall include pre -disposal and post -disposal bathymetric
survey plots in Adobe Acrobat PDF format. Field data used to create the soundings shown on
these survey plots will be provided in sorted and space -delimited ASCII files. The plots will
indicate the state plane coordinate system, horizontal datum, and vertical datum on which the
surveys are based.
2

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ATTACHMENT (A)
(SARBO Project Design Criteria)

MOTSU Permit Conditions for 2020 SARBO Project Design
Criteria WDO
For all activities:
(ED1) All personnel associated with this project shall be instructed about the potential presence
of species protected under the ESA and MMPA and the appropriate protocols if they are
encountered including those in the PSO conditions listed below.
(ED2) All on -site project personnel are responsible for observing water -related activities for the
presence of ESA -listed species.
(ED3) All on -site project personnel will be informed of all ESA -listed species that may be
present in the area and advised that there are civil and criminal penalties for harming, harassing,
or killing ESA -listed species or marine mammals.
(ED4) All on -site project personnel will be briefed that the disposal of waste materials into the
marine environment is prohibited. All crew will attempt to remove and properly dispose of all
marine debris discovered during dredging operations, to the maximum extent possible.
All In -water Activities:
(INWATERI) All work, including equipment, staging areas, and placement of materials, will be
done in a manner that does not block access of ESA -listed species from moving around or past
construction.
(INWATER2) Equipment will be staged, placed, and moved in areas and ways that minimize
effects to species and resources in the area, to the maximum extent possible. Specifically:
• All vessels will preferentially follow deep -water routes (e.g., marked channels) to avoid
potential groundings or damaging bottom resources whenever possible and practicable.
• Barges, scows, and other similar support equipment will be positioned away from areas
with sensitive bottom resources such as non -ESA -listed seagrasses, corals, and
hardbottom, to the maximum extent possible.
• Pipelines will be placed in areas away from bottom resources and of sufficient size or
weight to prevent movement or anchored to prevent movement or the pipeline will be
floated over sensitive areas.
(INWATER3) All work that may generate turbidity will be completed in a way that minimizes
the risk of turbidity and sedimentation to non -ESA -listed non -mobile species (e.g., non -ESA -
listed corals, sponges, and other natural resources) to the maximum extent practicable. This may

include selecting equipment types that minimize turbidity and positioning equipment away or
downstream of non -mobile species.
(INWATER4) If turbidity curtains are used, barriers will be positioned in a way that does not
block species' entry to or exit from designated critical habitat and does not entrap species within
the construction area or block access for them to navigate around the construction area. Project
personnel must take measures to monitor for entrapped species in areas contained by turbidity
curtains and allow access for them to escape if spotted.
(INWATER5) If lines or cables are used (e.g., to mark floating buoys, lines connecting pickup
buoy lines, or for turbidity curtains):
• In -water lines (rope, chain, and cable) will be stiff, taut, 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, will be enclosed
in a plastic or rubber sleeve/tube to add rigidity and to prevent the line from looping or
tangling. In all instances, no excess line is allowed in the water.
• All lines or cables will be immediately removed upon project completion.
• All in -water lines and materials will be monitored regularly to ensure nothing has become
entangled.
• Cables or lines with loops used to move pipelines or buoys will not be left in the water
unattended.
PSO and Reporting:
(OBSERVEI) For generally stationary construction with work contained to a specific project
area, such as mechanical dredging equipment:
• All personnel working on the project will report ESA -listed species observed in the area
to the on -site crew member in charge of operations.
• Operations of moving equipment will cease if an ESA -listed species is observed within
150 ft of operations by any personnel working on a project covered under this Opinion
(e.g., sea turtles, sturgeon, elasmobranchs [giant manta ray, scalloped hammerhead shark,
oceanic white tip shark] or ESA -listed marine mammal).
• Activities will not resume until the ESA -listed species has departed the project area of
its own volition (e.g., species was observed departing or 20 minutes have passed since the
animal was last seen in the area).
(OBSERVE2) For a vessel underway, such as a hopper dredge or support vessel, traveling within
or between operations must follow speed and distance requirements, defined below, while
ensuring vessel safety:

• All personnel working onboard will report ESA -listed species observed in the area to
the vessel captain.
• If an ESA -listed species is spotted within the vessel's path, initiate evasive maneuvers
to avoid collision.
(OBSERVE4) Any collision(s) with an ESA -listed species must be immediately reported to the
USACE according to their internal protocol and to NMFS consistent with the reporting
requirements listed below in Take reporting Requirements (Pages 25 & 26 below). A vessel
collision with an ESA -listed species is counted as take for the project. In addition, reports of
certain species shall also be reported as listed below. A link to the most current contact
information will also be available at
(SERODredge&noaa. gov).
• Sea turtle take will also be reported to the appropriate state species representative
(https://www.fisheries.noaa. gov/state-coordinators-sea-turtlestranding-and-salvage-
network).
(OBSERVES) Any collision with a marine mammal will be reported immediately to the
Southeast Regional Marine Mammal Stranding hotline at 1-877-WHALE-HELP (1-877-942-
5343).
All handling, tagging, and/or genetic sampling of ESA -listed species captured will be conducted
by a PSO that meets the qualifications provided by NMFS.
(PSO1) Protected Species Training and Experience: PSOs selected to work on will meet the
following requirements:
• PSOs will meet the training and experience requirements outlined by NMFS. PSO
qualifications are confirmed by the NMFS Greater Atlantic Region Office, as defined on
their website (https://www.fisheries.noaa.gov/new-england-mid-atlantic/careersand-
opportunities/protected-species-observers) for endangered species observers. A link to
the current NMFS PSO qualifications will also be available on the NMFS SARBO
webpage (SERODredge(d),noaa.gov).
• PSOs will be trained and have experience to operate on the specific equipment they are
aboard (e.g., hopper dredge, relocation trawler, G&G survey vessel). PSO will have
training and/or experience to identify and handle all species that may occur in the
geographic area of the project.
• PSO will be trained to safely install the specific tags being used and or collect genetic
samples.
• ESA -listed species -specific safe handling procedures, tagging procedures, and genetic
sampling procedures must be followed, as outlined in these PSO conditions. The most
current procedures will be available on the NMFS SARBO webpage

([e-mail]). The PSO must carry a copy of the PSO PDCs and all other
applicable PDCs while on the vessel for easy reference.
• The 2020 SARBO serves as the authority for the PSO to handle, tag, and genetic
sample ESA -listed species for those projects.
(PSO2) To minimize the risk of vessel collisions, a PSO trained in species observation is also
responsible for monitoring for the presence of ESA -listed species when the vessel is in motion
and must therefore have the training and experience needed to identifying ESA -listed species and
marine mammals in their natural environment.
(PSO4) Reporting Captures to NMFS: All nonlethal captures and dead ESA -listed species
observed or collected during a project will be recorded and reported to NMFS according to the
procedures outlined in the 2020 SARBO. The captures will be recorded as follows:
• Nonlethal take:
• ESA -listed species captured and released back into the wild alive and healthy,
will be considered nonlethal take.
• If a sea turtle is entrained in a hopper dredge and is retrieved alive, the specialist
such as a state sea turtle coordinator or sea turtle rehabilitation center specialist
must be contacted to determine how the turtle should be handled (e.g., euthanized
or taken to a rehabilitation facility). The take for a live turtle entrained in a hopper
dredge is considered lethal until deemed healthy after an evaluation or
rehabilitation and released back into the wild, then the take can be revised to be
nonlethal.
• If a sea turtle is captured in relocation trawling and is deemed unhealthy or
injured and requires being sent to a specialist for further evaluation, the take is
considered nonlethal, unless the species cannot be released back into the wild or
dies, in which case the take must be updated to a lethal take.
• Lethal take: All ESA -listed species that are captured that are determined to be fresh dead,
will be considered lethal take associated with the project and counted under the total
allowed take for the 2020 SARBO. This includes the capture of ESA -listed species in
relocation trawling or found within the project area including material removal and
material placement areas. An explanation of how to determine if a species is fresh dead or
decomposed and how to handle and report the specimen is provided in PSO PDC Section
4 below.
• Recovered dead: All ESA -listed species captured or observed in the project area that are
decomposing will be considered a recovered specimen and will not be counted against
the 2020 SARBO Incidental Take Statement. An explanation of how to determine if a
species is fresh dead or decomposed and how to handle and report the specimen is
provided in attached document titled Decomposition Examples.

• Report captures to other agencies:
Sea turtles: All captures will be reported to the appropriate state species
representative including live, fresh dead, and recovered dead
(https://www.fisheries.noaa.gov/state-coordinators-sea-turtle-strandin agnd-
salvage-network).
Giant manta ray will be reported to manta.rayAnoaa.gov.
(PS05) Photo Documentation: Photograph all captured ESA -listed species for identification
purposes and classify sex where applicable (e.g., sea turtles). In addition, take photographs of all
injuries to ESA -listed species and provide a high -resolution digital image with the take reporting
forms as part of the reporting requirements, as follows:
• All injured, deceased, or otherwise debilitated sea turtles encountered during the course
of dredging operations, whether intact, damaged, or partial remains, are thoroughly
photographed.
• All surfaces should be clearly represented in the photos with both wide vantage and
close-up images that portray any injuries and postmortem condition (if deceased).
• Minimally, this includes multiple images of the dorsal (top) and ventral(bottom) aspects
of each specimen taken from different angles and perspectives.
• An identification placard and scale should appear in the images but should not obscure
the specimen, injury, or specific area of interest. The identification placard will include
the location of capture, date, time, and species. In addition, the time settings on the
camera should be current so that the time stamp within the photo metadata is accurate.
• For any live capture that is injured or otherwise debilitated and will be taken to a
rehabilitation facility, photographs can be delayed in order to minimize stress and risk of
further injury prior to veterinary examination.
• For deceased specimens, photos will be taken within 2 hours following discovery so that
postmortem state in the images accurately portrays the condition at the time of discovery.
(PS06) Written Documentation: Document all relevant details of the capture according to the
reporting requirements listed below in Take Reporting Requirements, (Pages 25 &26), (e.g.,
species, size, sex, condition upon release, location of capture, and time of capture) that can be
observed or measured by the PSO without causing harm to the animal.
(PS07) Tagging: Nonlethal captures of ESA -listed species will be tagged according to the
following requirements. Tagging requirements only apply to those ESA -listed species that are
brought aboard a relocation trawler or those captured and ultimately released alive from a hopper
dredge after being evaluated by a specialist and/or rehabilitated.
• Scanning: All ESA -listed species (live and dead) and/or species parts captured by a
hopper dredge or brought aboard a relocation trawler will be scanned for passive
integrated transponder (PIT) tags to determine if the animal has been previously tagged.
The presence of any external tags (e.g., flipper tags, dart tags) will also be noted. All
previous tag numbers must be recorded and reported on the appropriate forms outlined

for each species in the attached document titled Species Handling, Tagging and Genetic
Sampling.
• Tagging: All ESA -listed species captured alive and in good health by a hopper dredge or
brought aboard a relocation trawler that are scanned and lack a previous pit tag, will be
PIT tagged according to the specific species procedures identified in the attached
document titled Species Handling, Tagging and Genetic Sampling. Additional external
tags (e.g., flipper tags) are optional. The cost associated with tagging is the responsibility
of the federal action agency overseeing the project (i.e., USACE or BOEM) or the
company awarded the contract.
(PS08) Genetic Sampling: All nonlethal and lethal captures of ESA -listed species will have
genetic samples taken except:
• Live ESA -listed species that are not brought aboard a relocation trawler (PSO PDC
Section 3.2).
• Any leatherback sea turtles, even if brought aboard the vessel to untangle and safely
release.
• Any shortnose sturgeon.
• If the PSO believes that collecting a sample would imperil human or animal safety. The
rationale for this decision will be recorded on the species observation form and available
digitally as part of the reporting requirements.
(PSO 9) Genetic samples will be collected according to the handling procedures defined for each
species in the attached document title Species Handling, Tagging, and Genetic Sampling.
• A tissue sample will be collected from any dead ESA -listed species. If multiple dead
animal parts are found, a sample will be collected from all parts that are not connected to
one another regardless of whether the tissues are believed to be from the same turtle. For
example, if part of a sea turtle flipper and a detached head are found at the same time, a
sample from each part will be collected for genetic analysis.
All genetic samples will be preserved in RNAlatefrm preservative. Once the sample is in
buffer solution, refrigeration/freezing is not required, but care should be taken not to
expose the sample to excessive heat or sunlight. Label each sample with the animal's
unique identification number (PIT tag number). Since giant mantas will not be pit tagged,
label any samples collected with the date, project name, and species name. Do not use
glass vials; a 2-millimeter screw top plastic vial is preferred (e.g., MidWest Scientific
AVFS2002 and AVC I OON). Gently shake the sample to ensure the solution covers the
entire sample.
• Genetic samples will be mailed to the addresses listed below with information provided in
the container stating the sample was collected under the 2020 SARBO (Project name,

SARBO SER-2008-05934). Package the genetic samples with an absorbent material
within a double -sealed container (e.g., zip lock bag). If more than 1 sample is being sent
to an address, package all of the samples together. The cost associated with taking the
sample and delivering it to the appropriate entity listed below is the responsibility of the
federal action agency overseeing the project (i.e., USACE or BOEM) or the company
awarded the contract.
o Sea turtles: Sea Turtle Program NOAA Southeast Fisheries Science Center
Attn: Lisa Belskis, 75 Virginia Beach Drive, Miami, Florida 33149. Contact
number: 305-361-4212 Lisa.Belskis(d),noaa.gov
o Sturgeon: Geological Survey Leetown Science Center, Attention Robin
Johnson, Aquatic Ecology Branch, 11649 Leetown Road, Kearneysville,
West Virginia 25430.
o Elasmobranchs: NOAA Southeast Fisheries Science Center, Attention Dr.
John Carlson, National Marine Fisheries Service, Panama City Laboratory,
3500 Delwood Beach Rd, Panama City, Florida, 32408).
(PSO10) Atlantic Sturgeon Genetic Sampling Testing Requirements:
• The permittee is responsible for the cost to analyze/test genetic samples from Atlantic
sturgeon captured to determine the DPS of Atlantic sturgeon captured (live and dead
captures).
• Atlantic sturgeon genetic samples will be recorded on and submitted with the Sturgeon
Genetic Sample Submission spreadsheet available on the NMFS dredging webpage
https://www.fisheries.noaa.gov/content/southeast-dredging. This form should indicate in
the "comment field" if the Atlantic sturgeon was previously PIT tagged. A copy of that
reporting spreadsheet will also be sent to NMFS (takereport.nmfsser&noaa.gov), the
genetic sampling address in PDC PSO.8 above along with the sample, and to
mike_ mangold&fws. gov.
PSO16) Dead ESA -listed species collected within the area of work will be rated as fresh dead or
decomposed and documented as described in PSO4 (Page 20 above). The determination of a
specimen's condition (fresh dead or decomposed) is as follows:
• Decomposed specimens are those that exhibit obvious bloating (expansion of the body or
tissues by putrefactive gases); detachment of skin upon handling; or liquefaction of
organs and tissues. Examples of decomposition in sea turtles are provided in the attached
document titled Decomposition Examples. Foul odor alone is not considered definitive
evidence of decomposition.
• If it is not clear whether the specimen is fresh dead or decomposed, the specimen will be
retained for further examination by an individual that has demonstrated expertise in sea
turtle necropsy and forensic pathology. Such examinations typically include complete
gross examination and selective histopathology, depending on postmortem condition.
Individuals that will conduct examinations should be identified prior to the onset of

dredging operations along with the necessary logistical planning for transportation and
storage needs. The associated stranding coordinator for the state or region of the
operation may be able to advise or assist in this regard as such needs are regularly
required during stranding response. NMFS retains the right to review evidence or seek
the opinion of an expert if a take determined to be decomposed should have been listed as
fresh take and take associated with the project.
(PSO18) Dead ESA -listed species and species parts that need further examination by a specialist
to determine the cause of death will be refrigerated, iced, or frozen as soon as possible, (must be
iced or frozen no more than 2 hours from discovery). The timeline from discovery to transfer for
examination, including ambient temperature, must be thoroughly documented. Whether the
carcass/part is refrigerated or frozen will depend on predetermined logistical parameters for a
given project. In general, a carcass/part may be kept refrigerated or iced, but not frozen if it will
be examined within 48 hours. Remains may be frozen if examination will be delayed or
maintaining refrigeration is not possible for any reason.
• Dead turtles: Follow the protocol outlined on the Protocol for Collecting Tissue From
Dead Turtles for Genetic Analysis
(https:Hdgm.usace.army.mil/odess/documents/geneticsampleprgigcI .pdf). If a revised
document is released, the PSO is required to follow the revised protocols. This document
and any revisions will also be available on the NMFS dredging webpage
(https://www.fisheries.noaa.gov/content/southeast-dredging).
• Dead sturgeon specimens will be reported to 1-844-STURG911 (1-844-788-7491) and
via the Sturgeon Salvage Form (available on our Dredging website at:
https://www.fisheries.noaa.gov/content/southeast-dredging). In addition, a fin clip and a
fin ray will be collected in accordance with the Genetic Sampling Collection
Requirements described in (PSO3) above the genetic submission form (available on our
Dredging website at: hgps://www.fisheries.noaa.gov/content/southeast-dredging).
• Dead elasmobranchs specimens will be stored as described in (PSO16) above until
advised how to dispose of or provide to Dr. John Carlson, NOAA Fisheries, Panama City
Laboratory at 1-850-234-6541 x 221.
Take Reporting Requirements
The following details will be reported when take occurs associated with this project. This
required information applies to lethal and nonlethal take of all species. The following
information will be provided to the USACE and NMFS:
1. Location of take (latitude and longitude if possible or estimated based on the portion of project
where work is occurring such as a specific portion of an entrance channel, pass, or borrow site)
2. Tow number when take occurred during relocation trawling or dredge load number if take
occurred during hopper dredging.
3. Protected Species Observer/s that observed and handled the take: Observer name/company
and contact information.
4. Species take must be tracked by total number (e.g., 3 loggerhead sea turtles). Atlantic sturgeon
must be reported by District Population Segment (DPS). Project take details can initially state

Atlantic sturgeon DPS unknown, but must be updated to known DPS when the genetic sample is
processed, which will occur within 1 year of take. If the observed remains of a sea turtle cannot
be identified by species, recording the take as unknown sea turtle is appropriate. Unknown
sturgeon will require genetic testing to determine if it was an identifiable DPS of Atlantic
sturgeon.
5. Previous animal identification/tracking tag information (internal and external tags), if any.
6. New passive integrated transponder (PIT) Tag information, if inserted according to the PSO
conditions.
7. Genetic sample collected, if applicable under PSO conditions.
8. Age class of species take based on size (e.g., juvenile, adult).
9. Specimen Condition (e.g., alive, fresh dead, or decomposed. While decomposed animals are
not counted as take associated with the project, they will still be recorded and reported with the
project take.
10. Final disposition (e.g., released at site, relocated, rehabilitation and outcome once known,
necropsy, disposal).
11. Species gender (if known).
12. Species size/length.
13. Beaufort state at the time of take.
14. Water temperature at the time of take -recorded at the water's surface in marine environments
and at the bottom in estuarine and riverine environments.
15. Notes about species condition: Any additional relevant information regarding take of ESA -
listed species including turtles with Fibropapillomatosis disease, previous wounds, or multiple
ESA -listed species captured in same net.
16. Notes about site condition anomalies: Any observations by PSO or crew that may lead to
increased captures or deposition of capture including presence of other species like cannonball
jelly fish or regional conditions such as large storm or dramatic change in temperature like a
recent cold snap.
17. If the take occurred during hopper dredging:
a) List the location where take was identified (e.g., draghead, inflow box, overflow box).
b) Provide the screening in place at the time of take. Were both inflow and overflow
screening used? List the size of screening used for both.
c) State if UXO/MEC screening was installed at time of take.
North Atlantic Right Whale Avoidance Measures
The USACE will implement the North Atlantic right whale Conservation Plan within an
Atlantic coastal action area extending from the Virginia/North Carolina border south to Cape
Canaveral, Florida, during the North Atlantic right whale migration and calving season from
November 1 through April 30. The following measures are in addition to the other 2020 SARBO
PDCs and the Programmatic Implementation, Tracking, and Reporting requirements outlined in
the 2020 SARBO Section 2.9. Avoidance measures consist of the following:

NARW.1 Dredge Project Scheduling
The Risk -Based Adaptive Management Process (outlined in the 2020 SARBO Section 2.9.2.2)
explains the process used to determine where, when, and how projects will be completed to
minimize the risk to ESA -listed species.
• Hopper dredging and projects requiring survey vessels over 33-ft in length will be scheduled, to
the maximum extent practicable, outside of North Atlantic right whale migration and calving
season to avoid impacts to North Atlantic right whales, including reproducing females and
newborn calves. Other information that will be considered includes where material is to be
placed and whether the timing of the placement would be high risk for other listed species (e.g.
sea turtles).
• Prior to each fiscal year (which is also prior to North Atlantic right whale calving season), the
USACE will notify NMFS of anticipated dredge projects planned in the South Atlantic and for
those taking place in the Southeast Seasonal Management Area (SMA), shown in Figure 74,
which minimization and avoidance measures will be accomplished. This information will be
provided as part of the Risk -Based Adaptive Management Process (outlined in the 2020 SARBO
Section 2.9.2.2).
NARW.2 Captains and crew of USACE and USACE vessels, contracted vessels, and PSO
requirements:
• All on -site project personnel associated with a project covered under SARBO including the
vessel captain, crew, and PSO on dredge vessels, survey vessels, and all supporting vessels over
33-ft in length will be instructed on the presence of North Atlantic right whale and other ESA -
listed species and the requirements to observe, avoid, and report North Atlantic right whale in the
area. The required distances that vessels must maintain from ESA -listed species, PSO observer
coverage requirement for 100% monitoring on hopper dredging and relocation trawling, and
reporting requirements are defined in the 2020 SARBO (PSO PDCs in Appendix H).
• All captains of dredges, relocation trawlers, survey vessels, and support vessels over 33-ft in
length will provide a text message address (that is capable of receiving short emails as text
messages) to receive real-time whale alerts throughout the calving season. The text message
address will be provided to [e-mail] at least 14 days prior to the start of
dredging or annually on November 1 if the vessel is utilized year round.
• The dredging company contractor for each project, before the start of dredging, will provide a
single whale observer email address to receive aerial survey -related notifications (status, fly/no-
fly plans, etc.) that will be immediately sent to all active vessels working in water for the project.
The email address will be provided to [e-mail] and be confirmed
annually, prior to each North Atlantic right whale calving season.
• All hopper dredges and relocation trawlers will have onboard dedicated daytime. PSOs that
meet the qualifications provided by NMFS and detailed in SARBO with at -sea, large whale
identification experience to conduct observations for the presence of whales and all other ESA -
listed species. The PSO will have the primary duty of observation when the vessel is underway.
Observers will be onboard dredges and will alternate to reduce observer fatigue. As needed, a

crew member on the bridge will assist the PSO with whale observation duty while the vessel is
underway. The PSO will provide crew members with appropriate training for large whale
observation. Hopper dredges will submit an endangered species watch plan detailing how the
requirements to minimize the risk of a North Atlantic right whale/dredge vessel interaction will
be accomplished. The watch plan may be a component of an environmental protection plan.
• The PSO will note all sightings of ESA -listed species and marine mammals according to the
reporting requirements in the 2020 SARBO Section 2.9 and by submitting all necessary forms
and information to the ODESS. All ESA -listed marine mammals spotted will also be
immediately reported by calling 1-877-WHALE_HELP.
• All project vessels will carry operational automatic identification system transmitters as
required by the U.S. Coast Guard. Transmitters will be powered on and transmitting while
vessels are underway and NMFS will be provided the vessel name and vessel tracking number
(maritime mobile service identities) so that all vessels operating under SARBO can be tracked
and confirm compliance with this Plan. Vessel tracking numbers will be recorded in ODESS and
emailed to NMFS at [e-mail] for all vessels over 33-ft in length operating from
the Virginia/North Carolina border south to Cape Canaveral, Florida, during the North Atlantic
right whale migration and calving season from November 1 through April 30 (see SARBO
General PDCs, Section 2, Appendix A).
NARW.3 Vessel Speed Requirements
Speed requirements must be followed if a North Atlantic right whale has been spotted or
reported in the area as defined below. North Atlantic right whale presence may be determined by
observers on the vessel, reports from aerial surveys, EWS, or confirmed public sighting reports.
All captains are required to use daily available information and reports on the presence of North
Atlantic right whales and aerial survey activities in the project area. These speed restrictions
apply to all vessels associated with a project covered under SARBO.
• Vessels over 65 ft in length: When a whale is observed or reported within 38 nmi of dredge or
support vessels, vessels must slow to 10 knots or slowest safe navigable speed for 36 hours or
until next North Atlantic right whale survey when no whales are observed, whichever is shorter.
• Vessels 33- 65 ft: When a whale is observed or reported within 38 nmi of dredge or support
vessels which are within the Southeast SMA, vessels must slow to 10 knots or slowest safe
navigable speed until the next North Atlantic right whale survey when no whales are observed.
Vessels may resume speed once outside the Southeast SMA. Outside of the Southeast SMA, but
within the range of North Atlantic right whale habitat, the vessel must slow to 10 knots for 36
hours, or until the next North Atlantic right whale survey when no whales are observed.
Table 58. Vessel Speed Requirements, if a North Atlantic right whale is spotted or reported
within 38 nmi of the vessel:

Vessel Size
Within the range of North Atlantic right whale
Within the SMA
(See Figure 74)
33-65 ft
• All vessels must slow to 10 knots or slowest safe navigable
• All vessels must
speed
slow to 10 knots or
• Slow speed maintained for 36 hours or until next North
slowest safe
Atlantic right whale survey when no whales are observed,
navigable speed
whichever is shorter.
• Slow speed
maintained until the
next North Atlantic
right whale survey
when no whales are
observed (no time
limit).
• Vessels may
resume speed once
outside the
Southeast SMA.
Over 65 ft
• All vessels must slow to 10 knots or slowest safe navigable speed
• Slow speed maintained for 36 hours or until next North Atlantic right whale
survey when no whales are observed, whichever is shorter.

M N'.
f
Calving and NUFSery Grounds
November 15 through April 15
P8h
r i
E2 kV fry :.
—M PI
PaatU.S. SoaGonal Asar►agonnontAraa
a
Q PDIls
1AwWM;y Sho A*Mto A x*
.$I r
.w
Figure 74. Seasonal Management Area for North Atlantic Right Whale

ATTACHMENT (B)
(July 31, 2020 EPA Concurrence)

SQ Arq
. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET, SW
ATLANTA, GEORGIA 30303-3104
July 31, 2020
Ms. Jennifer L. Owens
Chief
Environmental Resources Section
U.S. Army Corps of Engineers
Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
Dear Ms. Owens:
This letter is in response to your request for concurrence on the proposed disposal of
maintenance dredged material from the Military Ocean Terminal Sunny Point (MOTSU) into the
New Wilmington Ocean Dredged Material Disposal Site (ODMDS). We received your Tier I
concurrence request and evaluation of dredged material suitability on July 1, 2020.
Pursuant to Section 103(c) of the Marine Protection, Research, and Sanctuaries Act (Act), as
amended, concurrence from the U.S. Environmental Protection Agency is based upon compliance
with the criteria, conditions, and restrictions established pursuant to Sections 102(a)
[environmental criteria], and Section 102(c) [disposal site designation and management] of the
Act. Based upon our review of the information you provided, we concur that the proposed
dredged material from MOTSU meets the criteria for ocean disposal as proposed and with the
conditions described below.
This concurrence includes project segments as defined in the Section 103 Evaluation. The project
is defined as maintenance areas throughout the MOTSU, including the north, central, and
southern basins, the south and central entrance channels and the security boat dock. The
proposed dredged material from project segments is estimated to be approximately 1 million
cubic yards, annually. Project depths are -34 feet in the north basin, -38 feet in both the central
and south basin, -12 feet at the security boat dock, and include two feet of allowable over depth.
All depths are mean, lower low water (MLLW). No advanced maintenance is authorized for this
project. Dredging is typically conducted by a combination of mechanical, hopper, or hydraulic
dredges, depending upon project segment, timing and equipment availability.
Our concurrence on the disposal of this material is contingent upon compliance with all
specifications and conditions of the ODMDS Site Management and Monitoring Plan (SMMP).
Specifically, disposal shall occur no less than 330 feet (100 meters) inside the site boundaries of
the ODMDS. In accordance with the SMMP, the USACE or site user is required to conduct pre -
and post -disposal bathymetric surveys and submit a final disposal summary report to the EPA

within 90 days of project completion. In consideration that maintaining adequate depths at the
ODMDS is of paramount importance, dredged material shall be disposed in a manner such that
depths less than -30 feet MLLW at any point do not occur. Disposal will be completed prior to
leaving the ODMDS boundaries as indicated by hull status showing that the hopper doors are
closed. All reporting shall be consistent with the SMMP. Disposal monitoring data shall be
provided to the EPA electronically on a weekly basis. The operator shall notify the USACE and
the EPA within 24 hours (or next business day) if a violation of the permit and/or concurrence
conditions occur during disposal operations. At no time may any debris be placed in the ODMDS.
Furthermore, this concurrence is conditioned on the EPA's review and approval of any relevant
sections of draft permit specifications addressing ocean disposal. Disposal of material from MOTSU
is limited as defined in the enclosed table. Three possible disposal scenarios were modeled, which
resulted in various load restrictions depending upon the type of dredge and which scenario is proposed
for disposal. A copy of the current SMMP must be provided to the contractor (or prospective
contractors) and the EPA must be notified that the document has been provided to them.
The EPA reserves the right to provide an amended concurrence if changes are required to manage the
ODMDS. Revisions to the SMMP may also require the EPA to provide an amended concurrence.
The EPA' s concurrence is effective for a three-year period as of the date of this letter. If you have any
questions concerning this letter, please contact Mr. Gary Collins of my staff at [phone].
Sincerely,
BECKY Digitally signed by BECKY
ALLENACH
ALLENBACH Date:2 20.
Date: 2020.07.31 08:48:11-04'00'
Jeaneanne M. Gettle, Director
Water Division
Enclosure

ATTACHMENT
MOTSU July 2020
Volume Restrictions based on STFATE modeling
Unrestricted Scenario
Restricted Scenario 1
Restricted Scenario 2
Dredge Unit
(Sample ID)
Hopper/
Cutter
(cy)
Mechanical
(cy)
Hopper/
Cutter
(cy)
Mechanical
(cy)
Hopper/
Cutter
(cy)
Mechanical
(cy)
MOTSU17-N
1,500
3,500
9,000
9,000
12,000
12,000
MOTSU17-C
1,500
2,000
9,000
8,000
12,000
12,000
MOTSU17-S
1,500
2,500
9,000
9,000
12,000
12,000
Unrestricted — 15,750' by 15,750'
Restricted 1 — NW = 1,500' by 11,500'
SE = 28,000' by 13,250'
Restricted 2 - NW = 3,500' by 11,200'
SE = 28,000' by 12,600'