19970839 Ver 1_USACE Permit_20200826

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
August 17, 2020
Regulatory Division
Action ID No. SAW-1998-00432
Permit Modification #2
Department of the Army
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 the following Department of the Army (DA) permits issued pursuant to
Section 10 of the Rivers and Harbors Act under SAW-1998-00432: the initial July 27,
1995 issued authorization, the permit renewal dated January 14, 2009, and the
subsequent permit modification (known as Modification #1) issued on August 30, 2018.
These authorizations allowed dredging activities in waters of the Cape Fear River,
adjacent to the Military Ocean Terminal, Sunny Point (MOTSU) docking facility in
Brunswick County, North Carolina. Reference is also made to your May 28, 2020 DA
permit modification request for an extension of Modification #1 expiration date for
maintenance dredging exactly as it has been done under the previous authorizations.
The SAW-1998-00432 project description is consistent with previous authorizations
as follows: The project is to maintenance dredge MOTSU channels and basins by
utilizing mechanical (bucket to barge), hydraulic cutterhead pipeline, and hopper dredge
methodologies, with dredged material disposal located within the Wilmington Ocean
Dredged Material Disposal Site (ODMDS) and onsite upland Disposal Area #1 and #4.
The disposal use of the ODMDS is presently being reviewed separately via your May
28, 2020 request for a permit modification pursuant to the existing valid Section 103 of
the Marine Protection, Research, and Sanctuaries Act authorization.
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

-2-
dredged to -34' M.L.L.W. (allowable overdepth -36' M.L.L.W.), and the Small Boat Basin
(a.k.a. Security Boat Basin) will be dredged to -12' M.L.L.W. (allowable overdepth -14'
M.L.L.W.).
As disclosed in the August 30, 2018 permit modification, the permit drawings and all
special conditions associated with that authorization replaced the January 14, 2009
renewal. The specifics outlined in the 2018 authorization remain valid unless otherwise
modified under this Modification #2.
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 correlates with the
expiration date of the Section 103 authorization. The authorized work shall be
completed in accordance with the attached drawings and the following new and
modified special conditions:
1) New Special Conditions:
a. Prior to initiating any maintenance dredging event (including bucket and
barge), a notification request must be submitted to the USACE office for
prior verification. This notification must provide a full and complete project
event description, work time frame, dredging dimensions and locations,
and identified placement areas.
b. A post -dredge As -built survey shall be submitted to our office depicting the
dredging footprint (width, length, and depth). This survey shall be
submitted within 30 days upon completion of the dredging activity.
c. 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) 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 the 1997 SARBO, which was previously used for this
dredging project. Please reference Section 10.1, Table 53 of the 2020

M2
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 (1) All work authorized by this permit shall be performed
in strict compliance with the project description and attached permit
drawings dated May 29, 2020 and June 3, 2020, which are 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 these attached permit plans must be
approved by the U.S. Army Corps of Engineers (USACE) prior to any
active construction in waters.
b. Special Condition (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 Endangered Species Act 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) March 26, 2020 South Atlantic Regional
Biological Opinion (2020 SARBO) for Dredging and Material Placement
Activities in the Southeast United States describes Reasonable and
Prudent Measures in Section 10.3 and Terms and Conditions in Section
10.4 associated with "Incidental Take". The 2020 SARBO is available at
the following website: https://www.fisheries.noaa.gov/content/endangered-
species-act-section-7-biological-opinions-southeast .
Your authorization under this Corps permit is conditional upon your
compliance with all the mandatory terms and conditions associated with
incidental take of the 2020 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 2020 SARBO, where

I"
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 2020 SARBO, and with the ESA.
c. Special Condition (15): In the event an incidental take of a sea turtle,
manatee, or sturgeon (shortnose and Atlantic) occurs during any
maintenance event, 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 Mr. Greg Currey, at [phone], (910)
523-1151 or at Gregory.e.currey(a-_)usace.armV.mil that an incidental take
has occurred. Further coordination with NMFS PRD will be conducted to
determine the need for additional action.
ci. Special Condition #18 has been deleted and is replaced in the new PDCs
Attachment (A)(SARBO Project Design Criteria).
cii. Hopper Dredge Conditions #20-23 and #25 have been deleted and
incorporated in the new PDCs Attachment (A)(SARBO Project Design
Criteria) or replaced in Attachment (B)(Dredge Plant Conditions, checklist
and ODESS forms).
In accordance with 33 U.S.C. 1341(d), all conditions of the North Carolina Division of
Coastal Management Consistency Determination dated April 23, 2001, and the North
Carolina Division of Water Resources 401 Water Quality Certification # 19970839,
dated October 7, 1997, are incorporated by reference as part of the Department of the
Army permit, and are located in Attachment (C) for your convenience.
Your authorization under this Modification #2 and the previous Modification #1 (dated
August 30, 2018) is conditional upon your compliance with all the above conditions, as
well as the unchanged Special Conditions prescribed in Modification #1. In an attempt
to reduce confusion, our office has included the original Modification #1 with strike
throughs for those special conditions that are no longer valid.

-5-
If you have questions regarding this permit modification, please contact Greg Currey of
the Wilmington Regulatory Field Office, at telephone [phone], or email at
Gregory.e.currey(a)_usace.army.mil .
FOR THE DISTRICT ENGINEER
SUGG.MICKEY. Digitally signed by
1UGG.WCKEYJ.1211KHM
T.1 229800830 Date_ 2020.08.1712.0238-04'00'
Mickey Sugg
Chief, Wilmington Field Office
Regulatory Division
Enclosures:
Plans
August 30, 2018 Permit Modification
January 14, 2009 Signed Permit
Attachment (A): SARBO PDCs
Attachment (B): Dredge Plant Conditions
Attachment (C): NCDWR 401 WQ
Electronic Copy Furnished (without enclosures):
NOAA/NMFS; Mr. Fritz Rohde/Ms. Twyla Cheatwood
NOAA/NMFS; Dr. Pace Wilber
NCDEQ/DCM; Mr. Curt Weychert
NCDEP/DCM; Ms. Tanya Pietila
NCDEQ/DWR; Mr. Robb Mairs
NCDEQ/DWR; Mr. Jonathan Howell
USFWS; Mr. Pete Benjamin
USFWS; Ms. Kathy Matthews
USEPA; Mr. Todd Allen Bowers
USCG; BOSN4 Ryan Taylor
FEMA; Ms. Kristin Morris

August 30, 2018 Permit Modification
MOTSU Special Conditions
SAW-1998-00432
('Special Conditions with strike throughs indicate
that they are no longer valid)
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: 910-251-4707. 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: 910-251-4707 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 401Water 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) for Dredging and Material Placement Activities in the
Southeast United States 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:
hqps:Hdqm.usace.qM.mil/odess/#/technicalInfo.
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, Manager, Ms. Liz Hair, by email [e-mail] 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
https://www.fws.gov/raleigh/pdfs/manatee_ guidelines.pdf.
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.
I ILI rPIRRIMIII
Mr. Krm I M

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:
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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.

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)

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NOTES
1. HORIZONTAL
DATUM: NAD 1983, NORTH
CAROLINA
STATE PLANE FEET.
rzz
' ' •'
DREDGING AND DISPOSAL AREAS
2. AERIAL PHOTOGRAPH
DATED 05 DECEMBER
2019. IMAGERY COURTESY OF
o
750 1500
DIGITAL GLOBE.
Feet
US Army Corps
3. DRAWING DATE: 29 MAY 2020
of Engineers O

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
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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Lat 33° 46.010' N
a Lot 33° 46.010' N '. " "Long. 78° 0.983' W
Long. 78° 2.483' W °" ',rlr�'
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Let 33° 41.011' N
Lang. 7W 0.983' W ' ,' ,
ODMDS
_ Coordlnites ore labeled wllh NAM
Let 33" 41.011' N coordinates. Converter! from NAD 27
e�,. - per rl0 CFR 220.15(EVA DeslgnsllonN
long. 7$" 3,983' W s B.ckgmund:NOAAChartA41536
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Map M oavrrlav Qia,2Al2dg2,05
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Figure 1. Location of the New Wilmington ODMDS.

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
Digit.11y,igned by
REUSCH.ERIC.GEO DN. -US,—U.S. Gwernmeo; oo DoD,
RGE.1290053966 m=REUSCHER1C.GE0RGE.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:Hdgm.usace.army.mil/odess/#/technicalInfo.
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.hair(�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.army.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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DEPARTMENT OF THE ARMY PERMIT
Permittee MILITARY OCEAN TERMINAL SUNNY POINT
Permit No. 1998-00432
Issuing Office CESAW-RG-L
NOTE: The term "you" and its derivatives, as used in this -permit, means the permittee 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: Authorization for MOTSU to deepen, widen, and maintain access channels, deepen
and maintain connecting channels, widen the center basin and transport dredged material for
ocean disposal.
Project Location: on the Cape Fear River, Military Ocean Terminal, Sunny Point, Southport,
Brunswick County, North Carolina
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2018 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 least 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
make a good faith transfer to a third party in compliance with General Condition 4 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.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions 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.
6. 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 permit,
Special Conditions
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
(X) 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 pemrit does not obviate the need 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 penmitted project or uses thereof as a 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.

C. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination 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:
a. You fail to comply with the terms and conditions of this permit.
b. Tire 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 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative 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 CFR 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 pemrittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
lu(-1kZt.d . Z t} )Ni C U3
(PERMITTEE) MILITARY OCEAN TERMINAL SUNNY POINT (DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
Zk.4ti C
(DISTRICTENG EA) JEFFERSON . YSCAVAGE, COLONEL (DATE)
When the structures or work authorized by this permit 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.
(TRANSFEREE)
(DATE)
'U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425

ATTACHMENT (A)
(SARBO Project Design Criteria)

2
MOTSU Permit Conditions for 2020 SARBO Proi ect 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

3
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.
All Dredging:
(STURGEON2) Dredging operations, including related equipment, and projects conducted by
other entities in the vicinity will not block more than 50% of the sturgeon river width to allow
safe passage of sturgeon.
Cutterhead Dredge:
(CUTTERI): The cutterhead will not be engaged/tumed on when not embedded in the sediment,
to the maximum extent possible.
Cutterhead Dredging in Sturgeon Rivers:
Cape Fear River from mile 0 to mile 21.9 (Watermark Marina): Cutterhead dredging will be
monitored for take from July 1 to September 31 of any year.

4
Sturgeon Monitoring Dredging within Timeframes described above:
Monitoring: An approved PSO or Government Quality Assurance personnel or contractor can be
appointed as a designated observer in charge of monitoring the upland discharge/disposal area
used for cutterhead dredging in sturgeon rivers.
Training: The designated observer will have training in identification of fish parts. Information
on sturgeon identification is provided in the attached document titled Sturgeon Handling,
Tagging and Sampling Protocol. The designated observer will also train all crew of the presence
of sturgeon and that all sturgeon or suspected fish parts will be reported to the designated
observer.
Timing: The designated observer will check for fish or parts at the overflow end of the disposal
pond and any other areas where debris collects at least twice per day.
Collection of fish by a designated crew member: The designated crew member will collect,
document, and photograph all parts identified as or suspected to be fish or fish parts according to
the handling guidance in attached document titled Sturgeon Handling, Tagging and Sampling
Protocol. Collected fish parts must then be passed to an approved PSO or a trained biologist for
identification.
Collection of fish by an approved PSO/trained biologist: The PSO/trained biologist will collect,
document, photograph, and report all parts identified as sturgeon or suspected to be sturgeon
parts according to the handling guidance in the attached document titled Sturgeon Handling,
Tagging and Sampling Protocol.
Genetic Sampling: All Atlantic sturgeon or suspected sturgeon parts will have a genetic sample
taken and submitted for testing to identify if the fish collected was a sturgeon and the Atlantic
sturgeon DPS according to the guidance in the attached document titled Sturgeon Handling,
Tagging and Sampling Protocol.
Reporting: All sturgeon collected will be reported according to the guidance in the attached
document titled Sturgeon Handling, Tagging and Sampling Protocol.
Hopper Dredging:
(HOPPERI) During all hopper dredging operations, NMFS-approved Protected Species
Observers (PSOs) will monitor for the presence of ESA -listed species. The dredge operator will
maintain a safe working environment for the PSO to access and effectively monitor inflow
screening, overflow screening, and dragheads for incidental take of ESA -listed species and
associated bycatch after every load. All new hopper dredge vessels or modifications made to
existing vessels must be designed to allow safe access to and/or visibility of all collected material
in both the inflow box and overflow screening areas so that the PSO is able to inspect the
contents after every load for evidence of ESA -listed species. The appointed contact (e.g., Quality

5
Assurance Representative or the Contractor) will immediately notify the USACE who will notify
the SARBO Team if conditions limit the ability to safely monitor dredging operations.
Draghead Observation: Upon completion of each load cycle, dragheads will be monitored as the
draghead is lifted from the sea floor and placed on the saddle in order to assure that ESA listed
species that may be impinged within the draghead are observed and accounted for. The PSO, or
designated dredge crew member under the guidance and supervision of the PSO when safety is
of concern, must physically inspect dragheads for evidence of ESA -listed species take after every
load.
Inflow screening Observation:
• Inflow screening must be designed to capture and retain material for the PSO to monitor for the
presence of ESA -listed species. The screened area must be accessible to the PSO to ensure 100%
observer coverage. The PSO must inspect the contents of all inflow screening boxes after every
load, including opening the box (where applicable and safely accessible) and looking inside at
all contents for evidence of ESA -listed species entrainment. If the contents are not clearly visible
and identifiable from a location outside of the box, then in limited instances, the PSO may be
required to enter the inflow box to identify contents for evidence of ESA -listed species take.
• All hopper dredges are required to have 100% inflow screening unless they must be removed
for safety due to clogging as outlined below.
• Inflow screening size will start at 4-inch by 4-inch, but may be gradually adjusted to a
larger screen size if clogging reduces the ability for the PSO to monitor the inflow for the
presence of ESA -listed species or if clogging reduces dredging production and thereby
expands the time dredging is required. Scenarios that may result in the clogging of inflow
and overflow screens are dredge and project specific.
• All modifications will be made in close coordination with the dredging contractor, PSO,
appropriate USACE and/or BOEM project managers, and NMFS. The USACE and/or
BOEM will provide NMFS with a notification when screen sizes are increased, or inflow
screens are removed that will include an explanation of what attempts were made to
reduce the clogging problem, how long the problem may persist, and how effective
overflow screening will be achieved.
• If inflow screens are increased to be larger than 4-inch by 4-inch or are removed due to
clogging, the USACE and/or BOEM will continue to reevaluate the risk of clogging on a
load by load basis and the inflow screens will be reinstated when clogging is no longer
occurring. The USACE will track the number of loads that inflow screens were removed
as part of the reporting requirements.
• Hopper dredge operators will not open the hydraulic doors on the inflow boxes prior to
inspection by the PSO for evidence of ESA -listed take.
• If the inflow box cannot be observed due to clogging, the box contents cannot be dumped or
flushed unless overflow screening that captures contents for observation by the PSO is

C1
operational and monitored for evidence of take. Once overflow screening is operational, PSOs
shall also visually monitor box contents as they are dumped or flushed into the hopper.
Overflow Screening Observations:
• All hopper dredges are recommended to have operational overflow screening and monitor for
take after each load. Overflow screening is required to be installed and monitored after each load
if the inflow screening is removed or bypassed due to clogging.
• Overflow screening must be designed to capture and retain material larger than the screen size
for the PSO to monitor for the presence of ESA -listed species. The screened area must be
accessible to the PSO to inspect for evidence of ESA -listed species take.
• Screen size will start at 4-inch by 4-inch, but may be adjusted to a larger screen size if clogging
reduces the ability for the PSO to monitor the screen for the presence of ESA -listed species or if
clogging reduces dredging production and thereby expands the time dredging is required. All
modifications will be made in close coordination with the dredging contractor, PSO, appropriate
USACE and/or BOEM project managers, and NMFS. If screen sizes are increased due to
clogging, the risk of clogging will be re-evaluated weekly and the overflow screens will be
reinstated using the smallest screen size that can be effectively used (preferably 4 inch by 4 inch)
when clogging is no longer occurring.
(HOPPER2) To prevent impingement or entrainment of ESA -listed species within the water
column, dredging pumps will be disengaged by the operator when the dragheads are not actively
dredging and therefore working to keep the draghead firmly on the bottom. Pumps will be
disengaged when lowering dragheads to the bottom to start dredging, turning, or lifting
dragheads off the bottom at the completion of dredging. Hopper dredges may utilize a bypass or
other system that would allow pumps to remain engaged but result in no suction passing through
the draghead. This dredge modification (when employed) is commonly referred to as a turtle
bypass valve. This precaution is especially important during the cleanup phase of navigation
dredging operations to remove remaining high spots or when a shallow veneer of compatible
sediment remains within a borrow area; thus limiting overdepth dredging and plowing efficacy
of the turtle deflector. In these example circumstances, the draghead may frequently come off the
bottom and can suck in turtles/sturgeon resting or foraging in shallow depressions.
(HOPPER3) Pumping water through the dragheads is not allowed while maneuvering or during
travel to/from the disposal or pump out area. The dredge operator will ensure the draghead is
embedded in sediment when pumps are operational, to the maximum extent practicable.
(HOPPER4) All waterport or other openings on the hopper dredge are required to be screened to
prevent ESA -listed species from entering the dredge.
(HOPPERS) A state-of-the-art solid -faced deflector that is attached to the draghead must be used
on all hopper dredges at all times.
Munitions and Explosive Screening

7
(MEC3) If MEC screening is used, screening will be monitored and USACE will be notified of
any potential ESA -listed species takes identified in the beach outflow screening box.
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(d),noaa. gov).
• Sea turtle take will also be reported to the appropriate state species representative
(hM2s://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).

E3
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.
(PSO I) 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 (hM2s://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 (SERODredgegnoaa.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.
PSOs working on a relocation trawler or hopper dredge. The PSO is also responsible for all other
duties outlined in the conditions described for hopper dredging. If an ESA -listed species is
observed injured or dead during other forms of dredging or material placement, this guidance
also applies (e.g., observed during beach sand placement, in an upland disposal area, and while
mechanical or cutterhead dredging).
(PSO3) PSOs coverage requirements are required to monitor for ESA -listed species as described
below. PSOs on any project will not be assigned any other task (i.e., captain or other vessel crew
position or task) while performing the role of PSO:
• Hopper dredging:

07
• More than I PSO will be aboard the hopper dredge at all times.
• The PSO on -duty is responsible for personally monitoring, handling, and reporting
all captured ESA -listed species at all times when the hopper dredge is operating
and follow the requirements of this Opinion including the hopper dredging PDCs
in Appendix B, Section 3.
• The PSOs will stand watch to detect ESA -listed species in the area and to alert the
captain of their presence to avoid vessel collision whenever the vessel is moving.
The on -duty PSO will only be responsible for standing watch and not performing
other tasks such as inspecting or handling captures when the vessel is in motion.
(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.
0 Report captures to other agencies:

10
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-strandingand-
salvage-network).
Giant manta ray will be reported to manta.ray&noaa. _ og_v.
(PSO5) 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.
(PSO6) 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.
(PSO7) 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.

11
• 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.
(PSO8) 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 100N). 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

12
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&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
hgps://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(d),noaa.gov), the
genetic sampling address in PDC PSO.8 above along with the sample, and to
mike_ mangold(a-fws. gov.
PSO handling of ESA -listed species captured during relocation trawling-, including a flow chart
summarizing how to handle different species and text describing the general handling guidance,
the order to release species if multiple ESA -listed species are captured in trawling, and where
they should be released.
(PSO13) Riverine Relocation Trawling: Relocation trawling is not authorized within rivers. The
start of a river is not defined and varies by location and should be determined by best
professional judgment. When in doubt, NMFS may be contacted for clarification.
(PSO 16) 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

13
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://dgm.usace.army.mil/odess/documents/geneticsampleprotocol.pdD. 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:

14
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.

ATTACHMENT (B)
(Dredge Plant Conditions, checklist, and
ODESS forms)

z
Special Conditions for Hydraulic Cutterhead and Hopper Dredge Plants
1. Reporting requirements:
a. Pre -Construction Notification: At least 2 weeks prior initiating the work
authorized by this permit, the Permittee shall submit a completed "SARBO
Pre -Construction Notification" form (see form below) to the following
emails: RD.SARBO.GRBO(a�usace.army.mil and
[e-mail]. The checklist must be completed using the form
function (i.e. do not handwrite or create text boxes). Upon receipt of the
notification form, you will receive a list of the Corps primary points of
contact for reporting turtle take/incidents. If the permit authorizes multiple
work events, the Permittee must submit the SARBO Pre -Construction
Notification prior to each event.
b. Take Reporting: All lethal and nonlethal take associated with a project
covered under SARBO will be reported within 48 hours. Project details
related to take that will be reported by completing "SARBO Take
Reporting" form (see form below) and sent to the following emails:
RD.SARBO.GRBO(a�usace.army.mil and [e-mail]. The
checklist must be completed using the form function (i.e. do not handwrite
or create text boxes).
c. Post -Construction Reporting: Within 30 days of completing the work
authorized by this permit, the Permittee shall submit a completed "SARBO
Post -Construction Notification" form (see form below) to the following
emails: RD.SARBO.GRBO(a�usace.army.mil and
[e-mail]. The checklist must be completed using the form
function (i.e. do not handwrite or create text boxes).
2. Deflector Device Submittal: The Permittee shall ensure drawings of the
proposed sea turtle deflector device and the completed "Hopper Dredge
Deflector Device Checklist" form (see form below) and all required
documentation are submitted to the Corps at least 30 days prior to initiating the
authorized work to the addresses listed in the Reporting Special Condition. No
dredging shall be performed by a hopper dredge without the inclusion of an
approved, rigid, sea turtle deflector device. The Permittee shall not commence
hopper dredging until approval of the sea turtle deflector device has been
granted by the Corps. A copy of the approved drawings, calculations, and signed
"Hopper Dredge Deflector Device Checklist" form shall be available on the vessel
during dredging operations.
3. Pre -Dredging Inspection Submittal: The Permittee shall submit the completed
"Hopper Dredge Pre -Dredge Inspection Checklist" form (see form below) to the

Corps, at least 5 days prior to initiating the authorized work. This checklist can
be accessed at:
https://dgm.usace.army.mil/odess/
Note — Please use a different browser if experiencing trouble opening the above
link.
4. Dredging Quality Management (DQM): Dredging and dredged material
disposal and monitoring of dredging projects using the Dredging Quality
Management (DQM) system shall be implemented for this permit. The Permittee
shall ensure that each hopper dredge assigned to the work authorized by this
permit is equipped with DQM, previously known as `Silent Inspector', for hopper
dredge monitoring. The Permittee's DQM system must have been certified by
the DQM Support Team within one calendar year prior to the initiation of the
dredging/disposal. Questions regarding certification should be addressed to the
DQM Support Center at 877-840-8024. Additional information about the DQM
System can be found at.https://dq m. usace. army. m i l/. The Permittee is
responsible for insuring that the DQM system is operational throughout the
dredging and disposal project and that project data are submitted to the DQM
National Support Center in accordance with the specifications provided at the
aforementioned website. The data collected by the DQM system shall, upon
request, be made available to the Regulatory Division of the U.S. Army Corps of
Engineers - Wilmington District.

South Atlantic Regional Biological Opinion (March 2020)
Pre -Construction Notification Form
This form is used by the U.S. Army Corps of Engineers to document compliance with
Section 2.9.3.5 of the South Atlantic Regional Biological Opinion (SARBO). You are
required to complete this form and submit it via email to the email addresses listed in
the special condition in the USACE permit TWO WEEKS prior to commencing work.
The form must be completed electronically using the form feature (i.e. do not handwrite
or create text boxes).
1) USACE Project Manager (point of contact and contact information):
2) Protected Species Observer (PSO)
a) Willa PSO be used? O Yes O No
b) Provide the observer company, if a PSO was used, and contact information:
3) List all federal action agenc /s associated with project (Select all that apply):
USACE: ❑ SAD [I SAC F_]SAJ ❑ SAS ❑ SAW
❑ FEMA ❑ BOEM U.S. Air ❑ Other:
Force
4) All federal action agency project tracking numbers associated with the project, if
applicable (e.g., USACE Regulatory tracking number, e.g., SAW-2018-xxxxx):
5) Biological Opinion(s) used to authorize the work:
❑ SARBO
❑ JAXBO (SAJ)
SARBO 2020 PCN Form Page 1 of 4 Form date 24 June 2020

6) Estimated project start date:
7) Estimated project complete date:
8) Project name (Typically projects are referred to by the name of the area. If the area
has more than one common name, all common names should be provided):
9) Project location:
a) Project location for dredging'. For regularly occurring projects with an easily
referenced named location, a central location may be sufficient (e.g., latitude and
longitude in decimal degree format [xx.xxxx,-xx.xxxx]).
b) Project location for placement. For regularly occurring projects with an easily
referenced named location, a central location may be sufficient (e.g., latitude and
longitude in decimal degree format [xx.xxxx, -xx.xxxx]).
10) Is the project occurring in an area identified in this Opinion that requires additional
protection (select all that apply)?
❑ ESA -listed coral (Appendix C)
❑ Sturgeon rivers (Appendix E)
❑ Johnson's seagrass (Appendix D)
❑ When and where North Atlantic right whales may be present (Appendix F)
1 Project spatiolocation (i.e., shapefile/.kmz) to show the complete action area is needed if this information
has not been previously provided to NMFS.
SARBO 2020 PCN Form Page 2 of 4 Form date 24 June 2020

11) and 12) Is the project occurring within the geographic limits of a designated critical
habitat, even if features are not impacted? Total area of the project that occurs
within the geographic area of one or more critical habitat units, if applicable.
Critical habitat
Unit
Additional unit
Total area
if applicable
Square feet
Green sea turtle
Select one
N/A
Leatherback sea
N/A
turtle
Select One
Loggerhead sea
Select One
turtle
Select One
Hawksbill sea turtle
Select One Select One
Atlantic sturgeon
Select One Select One
Acropora (Elkhorn
and sta horn coral)Select
One
N/A
Johnson's seagrass
Select One Select One
North Atlantic right
N/A
whale
Select One
13)Project type/s (Check all that apply):
❑ Maintenance Dredging ❑ Minor channel modification/realignment
❑ Borrow site ❑ Muck dredging
❑ Beach nourishment ❑ Nearshore placement
❑ ODMDS ❑ G&G survey
❑ New placement location ❑ Other
14)Pre-project proposed dredge and placement total volume in cubic yards.
Dredge: Placement:
15)Previous dredge templates:
a) Does dredging exceed the previously federally -approved or federally -authorized
dredge template including previously considered overdepth and/or advanced
maintenance? 0 Yes ONo
b) If you selected yes to question 16a, provide an explanation (e.g., approved
through supersede, unintentional/unusual event and lesson learned).
SARBO 2020 PCN Form Page 3 of 4 Form date 24 June 2020

16)Select all of the vessels and specific equipment used on project. A single project
may include more than 1 category of equipment listed below for a portion or all of a
project. The equipment types expected to be used and listed with the pre -
construction notification will be updated at the end of the project if modifications
were necessary.
❑ Hopper dredge
Modified hopper
❑ Non -hopper dredging equipment (e.g., bucket, clamshell, cutterhead, water -
injection, bed -leveling to complete project)
❑ Bed -leveling (used as the sole form of material movement or just during clean-up
phase of hopper dredging).
❑ Geophysical survey
Relocation trawling
❑ New Equipment or construction method approved through the SARBO
Supersede 2 process outlined in Section 2.9.5.2 of this Opinion.
17)The Corps regulatory project manager confirms that all applicable PDCs have been
reviewed and will be requirements of the permit, as noted in the decision document?
O Yes O No
18) Date Pre -Construction Form completed and emailed:
SARBO 2020 PCN Form Page 4 of 4 Form date 24 June 2020

(2012 modified version)
HOPPER DREDGE DEFLECTOR DEVICE CHECKLIST
Dept. of the Army Permit No.: SAJ- -
Project Name:
Project Location:
Dredging Company Name (Contractor):
Vessel Name:
1. Dredging contractor has received a copy of and read the
Dept. of the Army Permit for this project.
2. Permittee and dredging contractor has reviewed the
applicable Biological Opinion located at:
htto://el.erdc.usa--e.armv.mil/seaturtles/refs-bo.cfm
3
Dredging depth(s) for the project:
Starting Depth(s):
Final Depth(s):
4. Turtle Deflector Device submittal. Attach a detailed
drawing showing structural design and soundness (see attached example
drawing) of the Sea Turtle Deflector Device. The drawing shall
include the following information:
a. Deflector leading edge angle (90 degrees or less).
b. Forward vertical face measurement of the deflector
(minimum height of 15").
C. The approach angle(s) for this project dredging depths.
d. The opening between deflector and draghead (maximum of
4"x4").
e. The aft rigid deflector attachment to the draghead
(hinged or trunnion).
f. The forward deflector attachment link length described
for the project dredging depths and project approach angles.

COMMENTS:
(Permittee Signature)
(Name and Title - Printed)
(Dredging Contractor Signature)
(Name and Title - Printed)
(Date)
(Date)
Hopper dredging shall not commence until this submittal is approved
and signed by the Corps:
(District Engineer)
(Date)

Operations & Dredging
Endangered Species 0 System (ODESS) US Army Corps
Dredge Load of Engineers.
District
Project
Contract
Dredge
Dredging Company
Load Number(Required)/Date
Start Date (Required)
Stop Date (Required)
Stop Time(24 hours)(Required)
Start Tiime(24 hours)(Required)
Port Screen Condition Draghead Width (ft) Weather Conditions Air-Femp (°q Screen Contents /'-
❑ Excellent ❑ Sunny 1 Port Screen
[IGood ❑ Cloudy Conteotsfind. #ofeach item)
❑ Fair ❑ Partly Cloudy
❑ Bad Draghead Tvoe Surface WaterTemp(°C)
Starboard Screen Condition
❑ Excellent
❑ Good
❑ Fair
❑ Bad
Overflow Screen Condition
❑ Excellent
❑ Good
❑ Fair
❑ Bad
Inflow Screen Percent
❑ 25°/u
❑ 50%
❑ 75%
❑ 100%
Overflow Screen Percent
❑ 25%
❑ 50%
❑ 75%
❑ 100%
Other Screen Percent
❑ 25%
❑ 50%
❑ 75%
❑ 100%
It Dragheads Used
Draghead Length (ft)
Comments
❑ California Style
❑ INC
❑ IHC+Water Injection
❑ Wild Dragon
❑ Other (Specify)
Deflector Condition
❑ Good
❑ Fair
❑ Poor
❑ None
UXO Screening in Use?
❑ Yes
❑ No
Material Tyge
❑ Clay
❑ Consolidated Material
❑ Mud
❑ Other
❑ Rock
❑ Sand -Course
❑ Sand - Fine
❑ Sand -Medium
❑ Sand -Mixed
❑ Shell
❑ Silt
❑ Unknown
Beaufort Sea Scale
❑ 0 (0-1 kn, 0-0 ft)
❑ 1 (1-3 kn, 0-1 ft)
❑ 2 (4-6 kn, 1-2 ft)
❑ 3 (6-10 kn, 2-3.5 k)
❑ 4 (10-16 kn, 3.5-6 ft)
❑ 5 (16-21 kn, 6-9 ft)
❑ 6 (21-27 kn, 9-13 ft)
❑ 7 (27-33 kn, 13-19 ft)
❑ 8 (33-40 kn, 19-25 ft)
❑ 9 (40-47 kn, 25-32 ft)
❑ 10 (47-55 kn, 32-41 ft)
❑ 11 (55-63 kn,.41-52 ft)
❑ 12(>63 kn,>52 ft)
Wave Height (ft)
Wind Speed (IQ
Wind Direction (°)
ride
❑ High
❑ Low
❑ Slack
❑ Rising
❑ Falling
❑ Unknown
Mid -Depth WaterTemp (°C)
Bottom WaterTemp (°C)
Trawlino Beina Conducted?
❑ Yes
❑ No
Any Incidents Involving
-
Endanuered or Protected
Species?
❑ Yes
❑ No
If Yes Which Species?
(Complete a Turtle or Sturgeon
Incidentform)
❑ Marine Mammal
❑ Sea Turtle
❑ Sturgeon
❑ Other
❑ Unknown
Whale Sighting Notification
Received?
❑ Yes
❑ No
Alert Sent to District?
❑ Yes
❑ No
2 Starboard Screen
Contents find # ofeach item)
3 Overflow Screens
Contents (ind # ofeach item)
4 Other Screen or Location
(Specify)
Contents (ind. # ofeach item))
5 Port Draghead
Contents (ind #ofeach item)
F -1
6 Starboard Draghead
Contents (incl. #ofeach item)
# Observers Used/24 Hours %Monitoring/Project Observers) Name(s) (Req; Print) Observer(s) Signature(s) Observer(s) Company
❑ None El 75%
❑ 25% ❑ 100%
❑ 50% 1 F
Notes;
Screen Contents —Examples include sea turtle (sp.), sturgeon (sp.), shark (sp.), ray (sp.), other fish of note (sp.), horseshoe crab, blue crab, other crab species,
coral, jellyballs, other species of note, environmental debris, and trash.
ODESS Form 1(7) - 071116
fR
frj

Trawler
Tide (Time/High or Low)
Water Temperature (°C)
Bottom Type
Operations & Dredging
Endangered Species System (ODESS)
- Trawling Report
Dredge Sit(
Biologist(s)
Dredge
Hrs❑H❑L Hrs❑H❑L Hrs❑H❑L
Ai r Tem perature
Wind Speed/Direction
Station #s
Wave Height
US Army Corps
of Engineers®
Hrs❑H❑L
Tow# Start Time StartLat/Long Stop Time StopLat/Long
dd mm.mm dd mm.mm
0 1 M I M I M I
Tide: Water Vessel Turtles? By-catch/Comments
Ebb/Flood Depth Heading/Speed I Sturgeon? I (Change in Weather/Water
I I
Species? Temperature, Net Damage, etc.)
MMMMM
M_-
MMMMM
M
M
EMMM
ODESS. Form 6(2) - 071116

Operations & Dredging 01
Endangered Species System (ODESS) US Army Corps
Sea Turtle Tagging Reportof Engineersm
Turtle #
Channel: Date: Vessel:
Tow #: Time: Net: ❑ Port ❑ Starboard
Species: Sex: ❑ Male ❑ Female ❑ Unknown
Capture Information
Capture Location: Channel: State:
Lat: Long:
Capture Method:
dipper Tag Information
Left: Right:
PITTag #: PIT Tag Sticker:
Species Information
Straight Carapace Length: SCLmin: SCLn-t: SCLt-t:
Straight Carapace Width:
Curved Carapace Length: CCLmin: CCLn-t: CCLt-t;
Curved Carapace Width:
Condition of Specimen:
Miscellaneous
BiospyTaken:
❑Yes El No
Location:
Photos:
❑ Yes ❑ No
Frame #s
Camera: ❑ Digital ❑ Film ❑ Video
Tag Scars:
❑ Yes []No
Magnetic Wires: ❑ Yes ❑ No
Living Tag (Kemps Only): ❑ Yes ❑ No
Recapture:
❑ Yes []No
This Project: ❑ Yes ❑ No
Non-ECO Project: ❑ Yes ❑ No
Organization Tagging:
Biologist(s):
Turtle Release Information
Date: Time:
Lat: Long:
Location:
Remarks: Note injuries, gear or debris entanglement, wounds or mutations, propeller damage, papillomas, tag locations/tag scar
locations, etc. Shade missing portions.
ODESS Form 5(2)-071116

Operations & Dredging
Endangered Species System (ODESS)
Sturgeon Capture & Relocation [Data Form
Date
Project Name: USACE District:
Trawler Name: Biologist:
�aptain(s): Trawling for Dredge:
Weather Conditions
US Army Corps
of Engineers.
H2OTemperature: °C Tide/Time: []High ❑ Low Tide/Time: ❑ High ❑ Low
AirTemperature: Wind Speed/Direction: Wave Height: Bottom Type:
Beaufort Sea State: 0 1 2 3 4 5 6 7 8 9 10 11 12
Tow Information
Tow #: Time (24 hrs)/Start: Time (24 hrs)/End:
Tow Start/Latitude: Tow Start/Longitude:
Tow End/Latitude: Tow End/Longitude:
Nets: ❑ Port ❑ Starboard Bib Nets: ❑ Yes [-]No Rollers: ❑ Yes ❑ No
opecres mrurmanun
Species: ❑ Atlantic ❑ Shortnose ❑ Gulf
Measurements:
Total Length:
Mouth Width (inside lips):
Miscellaneous Information
Project Capture #:
cm Fork Length:
cm Interorbital Width:
Genetic Sample Taken: ❑ Yes ❑ No Photos Taken: ❑ Yes []No
Scars Present:
Tag Information
Previously Tagged: El Yes ❑ No Pit Tag Scan: ❑Yes ❑ No
Previous Tag ID: PIT, Tags Applied ID: PIT
Release Information
Condition:
rime: Latitude: Longitude:
Comments
cm
cm
Trawl Supervisor:
ODE55 Form 7(1)-082516

Operations & Dredging FIM
Endangered Species System (ODESS) 0 USArof ne Corps
Marine Mammal Observadon
District Project Contract
Dredge Dredging Company Load Number (Re uired)/Date
Start Date (Required) Start Time(24 hours)(Required) End Date (Required) End Time(24 hours)(Required)
Beaufort Sea State
❑ 0 (0-1 kn, 0-0 ft)
❑ 1 (1-3 kn, 0-1 ft)
❑ 2 (4-6 kn,1-2 ft)
❑ 3 (6-10 kn, 2-3.5 ft)
❑ 4(10-16 kn, 3.5-6 ft)
❑ 5 (16-21 kn, 6-9 ft)
LI 6 (21-27 kn, 9-13 ft)
❑ 7 (27-33 kn, 13-19 ft)
❑ B (33-40 Im,19-25 ft)
Cl 9 (40-47 kn, 25-32 ft)
❑ 10 (47-55 kn, 32-41 ft)
❑ 11 (55-63 kn, 41-52 ft)
❑ 12(>63 kn,>52 ft)
Species Observed (Required)
❑ Bryde's/Sei Whale
# Est. Length (ft.)
❑ Fin Whale
#_ Est. Length (ft.)
❑ Humpback Whale
#_ Est. Length (ft.) _
❑ Manatee
#_ Est. Length (ft.)
❑ Minke Whale
#_ Est. Length (ft.)
❑ Pilot Whale
# Est. Length (ft.)
❑ Right Whale
#_ Est. Length (ft.)
❑ Unknown
# Est. Length (ft.) _
AirTemp(°C) WaterTemp(°C) Winds(K) Seas (ft) Cloud Cover (46)
Magnetic Bearing to Sighting Estimated Distance Vessel's Heading Heading of Animal(s)
Coloration Fins or Flippers Observed
. ommenr5
nuw rm uN u/r u,.... J/muvr: vvnu wm:wuuru:/
Surfacing Intervals Time
Surfacing Intervals Distance
Observer(s) Name(s) (Required; Print) Observer(s) Signature(s) Observer(s) Company
_F -IF
ODESS Form 4(7) - 071116

L�C ��i
�� vat
No go no DrW&A Qua I V11anaVniant emgom
s
Operations and Dredging Endangered Species System
(ODESS)
USACE Sea Turtle Deflector Checklist for Hopper Dredges
for USACE and USACE/Army-Permitted Projects
1. Read the contract plans and specs and/or all applicable permits (Dept. of the Army Permit,
State Permits) to determine the contract or permit requirements for the protection of
endangered sea turtles. (Each District spec or permit may be different.)
2. Read the Biological Opinion and any USACE Protocol, if available.
3. Develop a list of inspection requirements:
a. Deflector leading edge angle (900 or less).
b. Approach angle or leading edge plowing depth (6" or more).
c. Aft rigid attachment of the deflector to the draghead (hinged or trunnion).
d. Forward deflector attachment point (adjustable pinned or cable/chain with stop).
e. Opening between draghead and deflector (4" x 4" max).
f. Dredged material screening requirement (yes/no).
g. Screen type requirement (inflow, overflow, or both).
h. Inflow basket screen openings (4" x 4" max) and dredged material screening (100%).
i. Lighting of the inflow and overflow screens and proper access for cleaning (must meet
EM 385-1-1).
j. UXO (Unexploded Ordnance) screening in use (yes/no).
k. Structural design of the deflector (per the approved deflector submittal).
I. Dredge operational requirements (starting/stopping the dredge pump, draghead
plugging, raising the draghead, turning the dredge).
Operations and Dredging Endangered Species System (ODES$)
USACE Sea Turtle Inspection Checklist for Hopper Dredges #00ESSomu
M
National Dredging Quality Management (DQM) Program
Version 5 • July 2016
Page 1 of 4

m. Dredging Quality Management (DQM) dredging data recording requirement. Is dredging
data recording (drag elevation, slurry density, and velocity) required by specs or permit?
If so, is it being collected, is DQM turned on, and is data being submitted?
In. Turtle trawling requirement. Is turtle trawling required by specs or permit? If so, is it
being performed?
o. Turtle observer requirements (12 or 24 hours).
p. A copy of the approved turtle deflector submittal is on board the vessel.
q. Copies of the contract plans and specs or the Dept. of the Army permit are on board the
vessel.
4. Review the turtle deflector submittal. (Do not allow dredging to start until the submittal is
approved.)
a. Structural soundness.
b. Deflector leading edge angle (90' or less).
c. Approach angles submitted for the project's dredging depths.
d. 4" x 4" opening between the deflector and the draghead.
e. Aft rigid deflector attachment to draghead (hinged or trunnion).
f. Forward deflector attachment point (adjustable pinned or cable/chain with stop).
5. Ensure that the Contractor Quality Control (CQC) performs a pre -dredging inspection. The
CQC is required to review and inspect all items in section 3.
6. Ensure that the CQC performs a startup -dredging inspection:
a. The CQC is required to check the turtle deflector to see if the deflector is installed and
adjusted for the required dredge depth of the project in accordance with the approved
deflector submittal.
b. The CQC is required to ensure that the drag tenders are operating the dredge pump and
draghead in accordance with the specs/permit.
c. The CQC should perform a paint test to ensure that the deflector is plowing at least 6" .
into the dredge material while the dragtender is consistently maintaining the submitted
and approved approach angle to a tolerance of +0 to -4°.
d. The CQC should note the inspection results in the Quality Control (QC) Daily Report.
7. Quality Assurance (QA) should perform a dredging operation inspection soon after the
dredge starts dredging:
a. Review and inspect all items in section 3.
Operations and Dredging Endangered Species System (ODESS)
USACE Sea Turtle Inspection Checklist for Hopper Dredges
National Dredging Quality Management (DQM) Program N/
Version 5 • July 2016
Page 2 of 4

b. Inspect the turtle deflector to ensure that the deflector is installed and adjusted for the
required dredge depth of the project in accordance with the approved deflector submittal
c. Require the contractor to perform a paint test to ensure that the deflector is plowing at
least 6" into the dredge material while the dragtender is consistently maintaining the
submitted and approved approach angle to a tolerance of +0 to -4°. (While over -
penetration of the deflector may reduce production and increase fuel consumption of the
dredge, it is allowed.)
d. Ride the dredge through at least one dredging cycle (from dredging to the dump and
then back to the dredge site).
e. Watch the dragtender to ensure that he/she is operating the dredging equipment in
accordance with the plans and specs:
i Starting the dredge pump only when the draghead is firmly on the bottom by
watching the slurry specific gravity and swell compensator.
ii Reducing the slurry velocity to the dredge pump idle speed velocity before raising the
draghead off the bottom.
iii Consistently maintaining the approach angle to a tolerance of +0 to -4° whenever the
draghead is on the bottom and the dredge pump is operating
iv Raising the draghead off the bottom due to draghead plugging or ship crabbing.
f. Ensure that the lockout tagout procedure for cleaning the inflow and overflow screens
meets EM 385-1-1.
g. Talk to the turtle observers to ensure that they are aware of contract and permit
requirements and that they are inspecting the screens and deflectors and reporting any
required maintenance to the dredge personnel. Also ensure that correct turtle observer
forms are being used and filled out properly.
h. Talk to the dredge Captain about maintaining the screens and deflectors.
i. Ensure that DQM data is being sent to the National Dredging Quality Management
Program.
j. Note all pre-dredge/post-dredge and followup inspections in the QA and the QC Daily
Reports.
Operations and Dredging Endangered Species System (ODESS)
USAGE Sea Turtle Inspection Checklist for Hopper Dredges �D��� ■
National Dredging Quality Management (DQM) Program
Version 5 • July 2016
Page 3 of 4

Project Name:
Project Location:
Contract No.:
Dept, of the Army Permit No.:
Dredging Company Name:
Dredge Name:
Contractor CQC Inspector's Name:
USACE Inspector Name:
Office Symbol:
Date of Inspection:
Operations and Dredging Endangered Species System (ODESS)
USACE Sea Turtle Inspection Checklist for Hopper Dredges #00ES8
National Dredging Qualify Management (DQM) Program � tl~�•NI
Version 5 • July 2016
Page 4 of 4

Operations & Dredging 073
Endangered Species System (ODESS) US Army Corps
0 Sturgeon Mddent of Engineers.
District Project Contract
Dredge Dredging Company Species (Required)
❑ Atlantic ❑ Gulf ❑ Unknown
❑ Green ❑ Shormose
Load Number (Required)/Date Recovery Date (Required) Recovery Time (24 hours) (Required) Is this aTake? (Required)
❑ Yes
❑ No
Incident/rake Description
Location Specimen Recovered
Specimen Condition
Rows of Preanal Shields
❑ Deck
❑ Hopper
❑ Alive
❑ Severely Decomposed (SSN='1/ATL-2)
❑ Draghead
❑ Overflow Screen (Circle one)
❑ Dead
❑ Skeleton
❑ Inflow Cage (Circle one)
Starboard/Port/Other
❑ Fresh Dead
❑ Skeleton Old Bone
Starboard/Port/Other
❑ Pipe
❑ Moderately Decomposed
❑ Undetermined
Location Comment
If Dorsal Scutes(SSN=8-13/ATL=7-16) #Lateral Scores (SSN=22-33/ATL=24-35) # Ventral Scutes(SSN=7-11/ATL=6-9)
Fork Length (cm/in) Standard Length (cm/in) Total Length (cm7in)
Mouth Width (cm/in) Head Width at Eyes (cm/in) Other (can)
Genetic Samples Taken? Samples Frozen/Preserved? Photo Attached?
❑ Yes ❑ No ❑ Yes ❑ No (if yes, label the species, date, geographicsite, and
dredge name on the photo)
❑ Yes ❑ No
Comments
Use these diagrams to illustrate the specimen/part that was recovered.
R. 7.•Yl 11Y�t�l)71 (1'. �Vl���ri4 1trr,�
r
Observer(s) Name(s) (Required, Print) Observer(s) Signature(s) Observer(s) Company
ODESS Form 3(6)-071116

Operations & Dredging 091
Endangered Species System (ODESS) US Army Corps
4 Tuvde
of Engineers.
Or(�Qoc ent
District Project Contract
Dredge Dredging Company Species (Required)
❑ Green
❑ Hawksbill
❑ Kep's Ridley
Load Number (Required)/Date Is this aTake? (Required) ProjectIncident# ❑m
❑ Lepsack
❑ Yes (Required) ❑ Loggerhead
❑ No ❑ Unknown
Recovery Date (Required) RecoveryTime (24 hours) (Required)
AirTemp (°Q Surface Water Temperature ("Q
Mid -Depth WaterTemperature ("C) Bottom Water Temperature (oQ
Location Specimen Recovered
❑ Deck
❑ Draghead
❑ Inflow Cage (Circle one)
Starboard/Port(Other
❑ Hopper
❑ Overflow Screen (Circle one)
Starboard/Port/Other
❑ Pipe
Location Comment
Tap Type Head Width (cm7in)
❑ Flipper ❑Other
❑ Pit
e Class
Gender
Specimen Condition
❑ Juvenile
❑ Female
❑ Alive
(10.1-80cm)
❑ Male
❑ Dead
❑ Sub -Adult
❑ Unknown
❑ Fresh Dead
(80.1-87cm)
❑ Moderately Decomposed
❑ Adult
❑ Severely Decomposed
. (>87cm)
❑ Skeleton
❑ Unknown
❑ Skeleton Old Bone
❑ Undetermined
How Gender Determined
Photo Attached? (if Yes, label the
❑ Tail Length
species,. date, geographicsite, and
❑ Eggs Observed
dredge name on thephoto)
❑ Other I
1 ❑ Yes ❑ No
Tag Number Plastron Length (cm/in) Carapace Straight Length (cm/in) Carapace Curved Length (crn in)
Tag Date Plastron Width (cm/in) Carapace Straight Width (cm/in) Carapace Curved Width (cnt in)
Genetic Samples Taken? Final Disposition of Specimen
❑ Yes
❑ No
Use these diagrams to illustrate the specimen/part that was recovered. Comments
Observers) Name(s) (Required, Print) Observer(s) Signature(s) Observer(s) Company
ODESS Form 2(6) - 071116 1 1 . I .

(2015 modified version)
HOPPER DREDGE PRE -DREDGE INSPECTION CHECKLIST
Dept. of the Army Permit No.: SAW- -
Project Name:
Project Location:
Dredging Company Name (Contractor):
Vessel Name:
Inspector's Name and Title:
Date of Inspection:
Dredging contractor pre -dredge inspection requirements:
1. Has the dredging contractor read the Department of the Army
Permit to determine the permit requirements for the protection of
endangered sea turtles?
2. Is a copy of the Department of the Army permit on board the
vessel?
3. Has the dredging contractor reviewed the applicable Biological
Opinion located at , �t�: i i �,. e� c'� nser � rra�.y ml_?,!= L,r_ t �i xels-bo. c fm
4. Has the Turtle Deflector Device been approved by the Corps?
(Dredging shall not start until the Turtle Deflector Device is approved
and the Initial Hopper Dredge Submittal form has been signed by the
Corps).
5. Is a copy of the approved Turtle Deflector Device submittal on
board the vessel?
6. Is the approved Turtle Deflector Device submittal being used to
perform this pre -dredge inspection?
7. Is the Turtle Deflector Device that is on the dredge the same as
the approved submitted Turtle Deflector Device?
8. Is the Turtle Deflector Device structurally sound?
9. Is the leading edge angle of the Turtle Deflector Device 90
degrees or less.
10. Is the forward vertical face of the Turtle Deflector Device a
minimum of 15" tall?
11. Are the approach angles submitted for this project dredging
depths.

12. Are the opening between Turtle Deflector Device and draghead
no more than 4"X4"?
13. Is the aft deflector attachment to the draghead rigid (hinged
or trunnion)?
14. Is the forward deflector attachment link length measurement
the same length as shown on the approved Turtle Deflector Device
submittal for this project dredging depth and project approach angle?
15. Are inflow screens and overflow screens installed?
16. Are inflow basket screen openings no more than 4"X4"?
17. Is there adequate lighting of inflow and overflow screens and
proper access for cleaning.
18. Is turtle trawling required by the DA permit?
19. Is the dredging data recording system (DQM/Silent Inspector)
operational and the certification current?
COMMENTS:
I certify that the above components are properly installed and operational
in accordance with the SARBO and the DA permit for the referenced project.
(Dredging Contractor Signature) (Date)

ATTACHMENT (C)
(NC Division of Water Resources 401
Certification and NC Division of Coastal
Management Consistency Determination)

r)— 'Zign Envelope ID: 39F76EBB-BCD6-4F74-87D1-D3C92A7A078E
ROY COOPER
Governor
MICHAEL S. PEGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
July 24, 2020
US Army Corps of Engineers, Wilmington District
Attn: Greg Currey
69 Darlington Ave
Wilmington, NC 28403
Subject: Acknowledgement Letter
Military Ocean Terminal, Sunny Point (MOTSU), Brunswick County,
SAW-1998-00432
NCDWR 401 Water Quality Certification (WQC) Project #19970839
Dear Mr. Currey,
The NC Division of Water Resources (DWR) acknowledges your email request received June 4, 2020, on
behalf of the Military Ocean Terminal, Sunny Point (MOTSU), located within the Cape Fear River,
Brunswick County. Your request consists of a permit extension for maintenance dredging activities,
which was originally authorized by the DWR under WQC Project #19970839. This activity was also
authorized a Section 10 Department of the Army (DA) permit number SAW-1998-00432, which was last
authorized on August 30, 2018. The June 4, 2020 request also references the previous DA permit
modification and renewal request dated July 26, 2018.
The proposed maintenance excavation at the existing terminal facilities includes: three (3) main basins
(South, Central, and North), and the connecting channels to each of the existing basins. Disposal of the
excavated material would be within the Wilmington Ocean Disposal Area (Wilmington ODMDS #1 and
#4).
By virtue of this letter, your extension request to WQC Project #19970839 is hereby granted. This letter
completes the review of the Division of Water Resources under Section 401 of the Clean Water Act, and
as proposed continues to be consistent with the 401 WQC#19970839. If you have any questions, please
telephone Robb Mairs in the DWR Wilmington Regional Office at 910.796.7303 or
Robb.Mairs(kncdenn gov.
Sincerely,
DocuSigned by:
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Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: DWR 401 & Buffer Permitting Branch file-LF
Tara MacPherson, NCDCM Wilmington Office
WiRO
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA Office
_ Wilmington Regional 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

North Carolina
Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Donna D. Moffett, Director
April 23, 2001
Colonel James W. Delony
District Engineer
Wilmington District Corps of Engineers
P.O. Box 1890
Wilmington, NC 284-02-1890
NCDENR
REFERENCE: ACTID-01-0436 Maintenance Dredging
Military Ocean Terminal, Sunny Point
Dear Colonel Delony:
RECEIVED
MAY 0 3 2QQi
REGULATORY
WILIIINGTON FIELD OFF1CR
On April 10, 2001, the Division of Coastal Management concluded
its review of the proposed maintenance dredging of existing navigation
facilities at the Military Ocean Terminal, Sunny Point (MOTSU), in
Brunswick County, NC. The Military Traffic Management Command
proposes to maintain channels and basins originally authorized by the
state in January 1991, and again, with modifications, in 1995 (CD95-09).
Disposal of dredged material will take place at the Wilmington Offshore
Dredged Material Disposal Site.
Based upon our review of the Corps Public Notice, previous project
files, and information provided by your staff, we agree with the applicant's
determination that the proposed work is consistent with the North
Carolina Coastal Management Program, provided the following conditions
are met.
1. All sedimentation and erosion control requirements are met.
2. A 401 Water Quality Certification is received from the Division of Water
Quality, and all conditions therein are met.
3. If cultural materials are encountered, work shall move to another area
and the Department of Cultural Resources shall be contacted immediately.
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
AN EQUAL OPPORTUNrN 1 AFFIRMATWE ACTION EMPLOYER - 50% RECYCLED 110% POST CONSUMER PAPER

If you have any questions regarding our finding or conditions, please
contact Ms. Caroline Bellis, Division of Coastal Management, at (919) 733-
2293. Thank you for your consideration of the North Carolina Coastal
Management Program.
Sincerely,
Donna D. Moffitt
cc: Bob Stroud, Division of Coastal Management, Wilmington /
Allen Davis, Wilmington District Army Corps of Engineers ✓