50-16 Minor Mod 2017 New Hanover County

Permit Class
y
13
14
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
Permit Number
50-16
RECEIVED
JUN 27 7017
for
X Major Development in an Area of Environmen ft-efii1HD CITY
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to New Hanover County, 230 Government Center Drive, Wilmington, NC 28403
Authorizing development in New Hanover County at Carolina Beach Inlet & the Atlantic Ocean,
Carolina Beach , as requested in the permittee's application letter dated 1/25/17, including the attached
Figures 1-4, all dated Received DCM Wilmington 1/30/17.
This permit, issued on June 20, 2017 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
)e subject to tines, imprisonment or civil action; or may cause me permit to be null and void.
I) Unless specifically altered herein, this Minor Modification authorizes the extension of the authorized
placement of beach -compatible dredged material from the Carolina Beach Inlet and AIW W crossing
maintenance project to include the template of the coastal storm damage reduction (CSDR) project,
and the 1000' gap area between Freeman Park and the CSDR project, all as expressly and specifically
set forth in the modification request and in the original permit application.
2) All conditions and stipulations of the active permit remain in force under this Minor Modification
unless specifically altered herein.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2020
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
,V,., ;,P. �� r
lcv2. Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

New Hanover County Permit No. 50-16
Page 2 of 2
ADDITIONAL CONDITIONS
3) This Minor Modification shall be attached to the original of Permit No. 50-16, which was issued to the
permittee on 5/5/16, and the Major Modification, which was issued on 6/2/17, and copies of all
documents shall be readily available on site when Division personnel inspect the project for compliance.
4) The permittee and his contractor shall schedule a pre -construction conference with the Division of
Coastal Management and the U.S. Army Corps of Engineers prior to the initiation of any activities
authorized by this permit.
5) The authorized project shall not interfere with the public's right to free navigation on all navigable
waters of the United States. No attempt will be made by the permittee to prevent the full and free use by
the public of all navigable waters at or adjacent to the authorized work for reason other than safety.
6) This permit does not authorize any permanent or long-term interference with the public's right of access
and/or usage of all State lands and waters.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW
2014-02006.
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2012-
0868.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Coastal Management Director
ENVIRONMENTAL QUALITY
TO: Heather Coats; Assistant Major Permit Coordinator, Wilmington
FROM: Tara MacPherson
DCM Field Spec ialis, Wilmington
THRU: Debra D. Wilson Q
DCM District Manager, Wilmington
DATE: February 14, 2017
SUBJECT: Modification request, State Permit No 50-16,
New Hanover County
AIWW Crossing and Freeman Park
Mr. Layton Bedsole, New Hanover County Shore Protection Coordinator, is requesting a minor
modification of State Permit No 50-16. State Permit No. 50-16 was issued to New Hanover
County on May 5, 2016 for excavation and beach nourishment. The permit is scheduled to expire
on December 31, 2019.
Mr. Bedsole is requesting the permit be modified to allow for the inclusion of an additional 1000
ft. of area within Freeman Park for beneficial placement of material. The applicant states that
there is a gap in this location for any authorized placement of material and extending the project
template would allow for connectivity and overlap with the USACE Coastal Storm Damage
Reduction (CSDR) placement template. According to the applicant, the additional placement
area would allow for maintenance material from Carolina Beach Inlet and the AIWW crossing to
be placed in between the existing Freeman Park and CDSR templates within the same profile
as originally permitted (see Figure 3, Item 3 of 5 found in the Shallow Draft Inlet-5 NCDCM
Major Application, and Figure 4 dated as received on January 30, 2017).
The applicant has submitted a check (check No. 365082) in the amount of $100. As proposed,
this office has no objection to the proposed project. It is the staffs recommendation that the
proposed development continues to be CONSISTENT with the Rules of 15 NCAC 7H. 0208 and
7H .0209.
By copy of this memo, DCM is requesting that the USACE, DWR, NCWRC and Shellfish
Sanitation provide any comment that your agency may have on the proposed project to
Heather Coats of DCM's Wilmington office within 14 days of receipt of this memo.
Enclosures
cc: Tyler Crumbley, USACE
Robb Mairs, DWR
Maria Dunn, NC WRC
RECEIVED
FEB 15 2017
DCM- NAHD CITY
State of North Carolina I Environmental QW11ty I Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Witnington, North Carolina 28405
9107967215

NEW HANOVER COUNTY
Engineering Department
230 Government Center Drive • Suite 160 James P. laonocci, PE, CFM
Wilmington, North Carolina 28403 County Engineer
TELEPHONE [phone] H. Layton Bedsole Jr., REM
FAX [phone] Shore Protection Coordinator
25 January 2017
NC Division of Coastal Management
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Attention: Debra Wilson
Subject: Carolina Beach Inlet & Crossing
Freeman Park, Placement Extension
Dear Ms. Wilson,
New Hanover County (NHC) is requesting a Minor Modification to North Carolina Division of
Coastal Management (NCDCM) Major Permit Number 50-16 (expiration date 31 December
2019). This Minor Modification request would extend the beneficial use area on Freeman Park
by an estimated 1000 feet (Figure One). This extension would allow for placement of Carolina
Beach Inlet (CBI) and Atlantic Intracoastal Waterway (AIWW) crossing maintenance material
to overlap the coastal storm damage reduction (CSDR) placement template (Figure Two). The
proposed extension would retain the beneficial use disposal profile as originally permitted in
Attachment 3.3, Item 3 of 5 found in the Shallow Draft Inlet-5 NCDCM Major Application dated
May 2015 (Figure Three).
On October 8d' and 9 h 2016, Hurricane Matthew affected southeastern North Carolina including
the beaches of New Hanover County. The Wrightsville Beach, Carolina Beach (CB) and Kure
Beach (KB) CSDR projects did their jobs and protected public and private infrastructure, small
business and local economic drivers. However, the US Army Corps of Engineers (USACE) had
recently (spring of 2016) implemented a CSDR maintenance event on CB and KB. The rock
revetment at the northern extent of the CB CSDR project is a reach that provides ongoing
maintenance challenges. The revetment runs from approximately 200 feet north of Periwinkle
Lane to approximately 200 feet north of the Carolina Beach Fishing Pier. An approximate 500
feet of transition continues north terminating at the northern extent of the CSDR template
alignment as depicted in Figure Two. Constructed by the USACE in 1973, the parallel rock
structure does provide supplemental protection but can exacerbate erosional forces within the
reach. As was the case during Hurricane Matthew, Photo One was taken two days before the
storm and Photo Two was taken the day after the storm; both photos are within an hour of high
tide. This reach has appreciably recovered; however, the immediate effect of relocated
maintenance volumes is apparent. RECEIVED
FEB 15 2017 DGM WILMIN'G ON, NC
DCM- VHD CITY JAN 3 0 2017

The fact that Hurricane Matthew occurred during the first year of the CB CSDR's three-year
cycle is a concern (Figure Four). Our next scheduled CSDR maintenance event is FY19;
however, the next USACE AIWW crossing event with beneficial use on Freeman Park is
scheduled for April 2017. If there was enough sand volume in this USACE AI W W contract, the
volume could possibly benefit the Matthew effected revetment reach. However, the
authorization for beneficial use of AIWW/inlet material within this reach is not federally or
locally held. The USACE's budget and prioritization does not allow for authorization
modifications within this inlet complex. Therefore, NHC would like to have the authorization
capability for the Freeman Park placement area to overlap the CSDR template in the event
AI W W and/or inlet maintenance volumes justify the increase in placement distance.
NHC has secured a CBI maintenance authorization and a CB CSDR project authorization, both
mimicking historical USACE efforts. However, an authorization gap (approx. 1000 ft.) restricts
potential beneficial use between the Freeman Park and CSDR placement footprints. NHC is
requesting the locally held CBI authorization be amended to allow AIWW/inlet placement along
Freeman Park to overlap the adjacent CSDR template.
New Hanover County requests a Minor Modification to Major Permit Number 50-16 bridging
NHC's locally held CBI authorized beneficial use footprint to overlap the abutting CSDR
footprint. New Hanover County appreciates the Division of Coastal Management's
consideration and the processing fee will be hand delivered. if questions arise or additional
information is needed, please feel free to contact me at [phone] or at
Ibedsole(cdnhc og v.com.
H. Layton Bedsole Jr., R.E.M.
r�Uk �l
NHC Shore Protection Coordinator
Cc: (via email transmittal)
D. Wilson, NCDCM; debra.wilson(t� cn denr.gov
D. Huggett, NCDCM; doug.huggettancdenr.gov RECEIVED
J. Iannucci, NHC County Engineer
FEB 15 2017
DCM- IVHD CITY
dCvWILM!NGTON, NC
JAN30Mi

Figure Two. CSDR Template (northern extent)
(1000 ft.)
RECEIVED
FEB 15 2017
DCM- KIND CITY
RECEIVED
DCM WILM'INGTON, NC
JAN 3 0 20i7

Photo One. 60ct2016, before Hurricane Matthew
High Tide / Photo: 11:39 a.m. / 11:00 a.m.
Photo Two. I00ct2016, after Hurricane Matthew
High Tide / Photo: 2:49 p.m. / 2:00 p.m.
RECEIVED
FEB 15 2017
DCM- NAND CITY
FiEC•, JVED
DCM WILMINGTON, NC
JAN 3 0 26il

Figure Three
iEC _ VET
0
DCM WILMINGTON, NCco
m
JAN 3 0 [ui7

Payment Proccessing Confirmation
Date Received I1/24/2017
Check From (Name) New Hanover County
Name of Permit Holder New Hanover County
Vendor BB&T
Check Number 00365082
Check amount $100.00
Multiple Permits No
Major/Minor
Permit Number/Comments 50-16 Minor Mod
Receipt or Refund/Reallocated
RECEIVED
FEB 15 2017
DCM- MHD CITY

DENR CAMA Daily Check Log for WIRO
Date
Date
Deposits
Check
Recei.tor
Received
d Check From Name
Name of Permit Holder
Vendor
Check Number
amount
Permit NumberlComments
RefundReallocated
8/9/2016 New Hanover County
same BUT
$100.00'. mimr mod ror permit 151-0imaaan Inlet Relowtion
RM rct. 2350D
Mv

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT; CORPS OFENGINEERS,
69 DARLINGTON. AVENUE'
wLmiNGTqN�,.,NORT9 CAROLINA 211463-1341
June, 13, 2017
Regulatory Division
Action ID No. SAW-2014-02006 and State Permit No: 50-16
New Hanover County Government
Attn: Chris Couddet and Timothy Burgess
M- Government Center. Drive,, Suite 160
Wilmington, North Carolina 284,03
Dear Messrs; Condriet and Burgess:
Through coordination, with the North Carolina Divigi6n, of Coastal Management.
(NCI)CM), wehave learned of your request to modify the Carolina Beach Shallow Draft Inlet,
permit (SDI-5)which currently authorizes maintenance dredging in Carolina. Beach. Inlet (CM),
and the Atlantic Intracoastal Water Way (AIWW) crossing with nearshoreor side -cast disposal.
The requestfor.modification to this permit is to obtain authorization to dispose of material below
Mean High Water (MHW) into the existing Coastal Storm Damage Reduction, (CSDA)' borrow
site, for future beneficial re -use. The name ofthis potential use site is:� the Ins ' here I Dredge Material I
Management Site, PMMS), An. additional request (attached) to extend the autho
rized placement
of material from the CBI and AIWW crossing maintenance material to, overlap the CSDR
placement template. (Figure. 2 of the attached request) and fill in a coverage of Approximately 1000
ft. The proposed extension would retain the beneficial use disposal profile as originally
permitted
in Attachment 3.3i Item 3 of, 5, found in the Shallow Draft Inlet-5 NCDCM Major Application
dated May 2015 (Figure 3 of the attached request),
Your proposals, as presented in the Major Permit Modification Application dated November,,
2016, and letter to the NCDCM dated January 25,20 , 0 (attached) coutinu6 to beconsistent with
thp,provisions and objectives of general permit No. 19,800291. The permit is,hereby re -issued with
the attached revised special conditions.
If any change in your work is required because of -unforeseen or, altered conditions or for any
other reason, plans revised to show, -the changeminst be sent promp#y to thisoffice andthdNorth
Carolina Division of Coastal Management prionoperforn-Ang any such change or�altcrafion. Such
actionis necessary as revised plans must be d revie' and the authorizatiph modified; The
we,.,
expiration date of your DA permit is December 31, 2021.
Received
SUN 14 Z017
DCM

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If you have anyquestion's or comments youlmay reach me. aftelephond (9r1b), 251-406 o
e-mail. a=uft6I"@Qsdcb!. r,
Tyler A. Crutubley; Project Manager
WiliningtoARegulatpry Field Offlpo
Enclosur6s:
Updatdd Special Conditions:g])I-S
NCDCM,Letter dated January 15, 2017
IDMMSPlans and Specifications (September2o, 2016).
Copies Fmni§he&
North Carolina Department.0
Environmental Quality
Division of Water Resources
Attn' Ms. Karen:Iliggin§
Division of Water Resources,
1.650 Mail Service Center
Raleigh, North Carolina 12709-11650
U.S.. Fishand 'Wildlife.Service-
Fish, and Wildlife Enhancement
'Attw.- Mr. Pete Benjamin
Post Offi= Box 33726
Raleigh, North Carolina 27636-3726
National Marine Fisheries Service
Attn: Dr. Face Wilber
Habitat Conservatioa Service,
Pivers Island
Beaufort, North Carolina .28516
National Marine Fisheries Services
A,ttn-; Dr. Ken Riley -
Habitat'Cbrts-e.0ation Division
219 Fort -Johnson Road
Charleston, South Carolina 20412-9110

-1.
US EPA Region 4 Life Scientist
Water Protection Division
Attn: kAr. Todd Allenbowers
61 Forsyth street, SW
Atlanta, Georgia .30303-8960
North Carolina Department of
Environmental Quality
Division of Water Resources
Atm;.. Mr. Chad Coburn.
127 Cardinal'Drive Extension
Wilmington, North Carolina 28405
North Carolina Department of.
Environmental Quality
Division of Coastal Management
Attn: Ms. Heather Coats
127 Cardinal Drive Extension
Wilmington, North -Carolina. 28405

SPECIAL CONDITIONS
r:. Chris Coudriet & Mr. Timothy
fhy Burgess
Carolina Beach Ifilet,SDI-5
SAW-2014-02006
IDMMS Modification Conditions
As'part of the operation and:maintenance of the federally authorized project, the WAhvington.
District routinely surveys -and dredges pprtlons,of the Ca'rq1ina,.Beqqh Inlet, complex
including, but not limited to, areas: at its intersection with the AIWW- in order to assess and
maintain navigability of the: Carolina Beach Inlet. Thepermitted must coordinate With the
Navigation and CoastaLEngineering branches of the V.S., Army Corps, of Engincera,
Wilmington District both pre- and post -construction when.use of-the,IDMM.9'iS-'.prppos,eA...
U.S. Army Corps of Engineers
Operations Division,.Navigdfio'n Branch
Attention, Chief of Navigation
69 Darlington Avenue
Wilmington, North Carolina 28403
(9,10) 251-4822
160A&D.Bli "Ook
U.& Army Corps of Engineers
Engineering Division,_
Attention: Chief ofWater Resources
,69 Darlington Avenue
Wilmington, North Carolina 28403
[phone]
Keviri:b.'-C6iin6i(a)usace.army:mil,
2. When maintenance dredging is scheduled to be, performed in darolina.Beach Inlet, the
permitteel shall coordinate with the District's Navigation Branch to provide pre-
dredging/plapeme,nthydrqgraphic(b,athy-metry),sur.,veys(BefQreDreOge,orBD) ofthe
'inlet complex (to: include: the borrow area, federal navigation channet and, Inlet crossing), at
least two weeks prior to the commencement ofmaintenance dredging, This period will allow.
the District time to review the survey of the, area that may be. potentially. affected by the
proposed'maintenance.. The permittee shall coordinate with the District and obtain approval
from. the District prior to initiating work on any, proposed project that involves disposal of
material in the IDMMS. If the District Engineer; in his sole discretion determine&thatexistin
9
conditions indicate that the, modified activity (disposal ofmaterial in, the IDMMS)' will likely
adversely affect the Federal Project, to include the borrow area and federal navigation oharnd,

-5.
or in the adjacent AIW W, he will notify the permittee of anylimitations on disposal location
that Will m nl=C the potential for adverse: effects, or deny the request until more: favorable
conditions- exist..
The, permittee shall coordinate with the District's Navigation- Branch to provide post-
dredging/placement (After. Dredge, or AD) hydrographic (bathymetry) surveys of the entire
inlet complex to the same extent as the pre -dredging survey listed above. In order to provide:
the most accurate depiction of the effects of ,the placement, the AD surveys should be,
conducted within 3-5 days after completion; of placement. Within 30 days of the end of
construction or placement the permittee shall submit a final AD report to the District's
Navigation and Water Resources Branches.
3. If the'District-Engineer, in his sole discretion, determines thatthe modified activity, (disposal.
of material in the IDMMS) has caused additional shoaling (above historical amounts, taking
into account inlet dynamics and storm effects) within the Federal Project's borrow area and
potentially effecting the federal navigation channel or the adjaccnt AIWW and that "such
sections should be dredged in order to maintain.safe and efficientn'avigation,.hewill"so notify
the permittee in writing: The notification will specify the extent to which additional" shoaling
has occurred, the inlet feature that must be dredged, the depth to which it must be dredged, and
the time frame within which dredging must begin (a minimum of'90 days will • be allowed).
The permittee shall cause, the area of the.Inlet Crossing specified by the District Engineer to
be dredged in the manner and within the time; frame specified in the notice; -either by contract
or by providing contributed funds to the government.
4; If maintenance activities conducted by the Wilmington District result in stacking;.of material'
that adversely affects navigation, the District WEI be responsibleforrer ediating'the stacking
of material. Likewise, if the Permittee's contractor actions result in stacking of material that
adversely affects navigation, the Permittee shall be responsible forremediating the stacking of
material. The Permittee's plans.and specifications will, provide clear guidance and require
oversight to ensure any required site remediation is successfully completed.
The District Engineer, in his sale discretion may require -additional remedial action or revoke
the modificat on.in the event that, surveyed data. reveals contours not consistent with federally
authorized depths. A 90-day window will be allowed for any remedial action required to.
restore the area: to federally authorized and maintained depths.
EFH Conditions' forIDMMS'
5. The permittee shall ensure the implementation of pipeline monitoring for leaks at least•twice.
per day while construction is ongoing.

903
6. All requests f6r dredging and placement activities outside the window ofNovember:l6to April
30, sh;11 be coordinated with NMFS and shall include an explanation as to -why the dredging.
couldnot bo.conducted. within the work window (November : 16 to APO 30)Jfnece$sary, the
permittee, shall provide additional, measures (determined, in coordination, with SAW and
NMF$) to• ensure effects, to fishery'resources areminimal.
driWn2a sjx_-5 Conditions
7. All work:authorized,by this perrait must be performed imstrict _ccimplidhc6witlr the attached
plans-, which are Ei part of this permit. Any modification to those plans must be approwd'by
the U.S. Ary CmJps of 'Engineers (USACE)�pribrto implementation.
8. Dredging activities authorized by this permit shall not in an wayinterfere withthe operations
any
of the: Corps' civil works dredging -and navigation prcjects-
9. The, peimittee shall require its 'contractors and/or agents: to, comply With the, ferms and
conditions of this permit in the construction and maintenw oft ,d rispy9je c_t
, �, and shall provide
each of its contractors and/or agents associated with the.construction.or maintenanceof this
pybject with & copy ofthispermit. A copy ofthis pdrinitincluding all conditions, shall also
be available at the project site during .construction .and maintenance ,6f this project.
10. Except as authorized by this permit,
excavation, fill or mechanized land-,
authorlWtcraporary placement or dou
or wetlands outside the permitted area.
connected with this project.
any USACE approved modification to this permit,, no
acing activities shall take place at.anytime during.the,
eject, within waters or wetlands. This permit does not
ile hndlngof excavated or fitl material` within. waters
This prohibition applies to 411 borrow, and, fill activities
11. Except:as,specified-in the plans attachedto this permit,, no,excavation,fill or mechanized land -
clearing -activities shall take place at any time during the-6onstruotion or maintenance -of this:
project, in such a manner as to impair normal flows and c="ul1afipn. patterns within waters or
wetlands .or to reduce the reach of waters or wetlands.
12. All mechanized. equipment will be regularly inspected and maintained 'toi, 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 repor(it to the N'.. C. Division of Water Resources at (919} 791-,
4200, and the North Carolina Emergency Management Office at. 1-800-858-0368, and
provisions of the North Carolina Oil, Pollution and Hazardous Substances,• Control Actwill be
followed.

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13. The permittee shall advise the Wilmington District, Regulatory, Division in writing at least 3.0
days prior toi beginning the work authorized by this permit. The contractor's name, phone
number, and address, including any inspector's contact name and phone numbu must be
provided to the Wilmington Distrietpriorto, any work.
14. A pre-constiuctionmeeting must be held with. Wilmington.District, Regulatory Division prior
to conducting the work to ensure the contractor fully understands the.conditions of this permit.
Meeting participants. may include, but are not limited to, representatives from the Corps
Navigation Division, N.C. Division of Coastal Management;.. N:C. Division. of Water
Resources, N.C. Wildlife Resource Commission, and U:S.. Coast.Guard:,
15. The permittee shall employ all, sedimentation' and erosion control .measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. Additionally; the project must remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A
Article 4). .
16. Violations of these conditions or violations of.Seetion 404 of the Clean Water Actor Section
10 of the Rivers and Harbors Act must be reported in writing to the Wilmington Regulatory
Field.Office, Attn: Mr. Tyler Crumbley; Wilmington District U:S'. Army Corps of Engineers,
69 Darlington. Avenue, Wilmington, NC 28403 within 24 hours of the perniittee's discovery
of the violation.
17. 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.
18. The permittee shall coordinate theplacement of all dredge pipelines along the beach with the
N.0 Wildlife Resources Commission.
19. Prior to the commencement of construction. of the authorized dredging or, other work within
the right-of-way of, or in proximity to, a federally maintained navigationchannel, the permittee
shall obtain all necessary Consents to cross Government Easement from the Corps' Real Estate
Division. The Real Estate Division may be contacted ats CESAS-RE-MC 69 Darlington.
Avenue, Wilmington North, Carolina 28403-1343, tel. [phone],
20. Activities proposed within the Corps Easements for use of Disposal Areas may require
approval prior to construction. Prior to commencing work associated with improvements or
disposal on any designated Disposal Area, the permittee shall coordinate with the Corps of
Engineers, Real Estate Division for any approvals needed to perform work within the. Corps

H
casement. The Real Estate Division may be contacted at, CESAS.-RE.-MC,, 69"Darlington
Avenue.
21. If -submerged cultural resources are encountered during the operation; the pervittec shall,
immediately notify the Corps so that coordination can be initiated, with the Underwater
Archeology Unit (UAU) of the Department of Cultural Resources.
22. In issuing this permi t, the Federal Governmead . oes not -assume any liability fbr.4), Damages
to the pernuitt-edproject or uses thereof as a result of other.permitted or urivermitted activities
or fromriatural,causes;�b) Damages to the permitted project;or uses1hereof as -a result of current
or, future Federal, activities initiated: on behalf of the general, public; c) Damages to other
permitted I or unpermitted activities or structdr6s!�caused by the authorized' activity; d) Design.
and constructiondeficiencies associated with the perinitted Work; e),bamageelaims associated
with.any future modification, suspension, or revocation of this permit:
23. The permittee understands and agrees that, if fliture operations by the United; States require the
refnoval, relocation, or other alteration, of the strdaure-or work.herdin authorized, or if, in the
opiAion of the Secretary of the Army, or his autho dized,represeritative, said structure or work
shall cause unreasonable obstruction to the fice navigation of the,enavigabIle waters; the,
pernitteewll.bcrequired, upon due noticeI from the U.S. Army Corps of Engineers, ,to remove
3
relocate, or after 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.
24. The pertnittee shall notify NOAA/NATIONAL OCEANSERVICE SERVICE Chief Source Data Unit N
CS261, 1315 E West HWYr RM 7316, Silver Spring, 20910-3282at least two (2) Weeks
prior to beginning Work and upon completion. of work..
25. The authorized project, must -not interfere with the public's, light to free .navigation on all
.navigable waters of the United States. No attemptwillbe,ma.& by the peliittee to �prevent
reve
.the full and freense by the public of all navigable -waters.at or adjacent tothe,authoriied work
for reason other than safety.
26. To address concerns from the United States -Coast Guard: Thefiollowing information must be
provided 10 days prior to dredge operations commencing:
ANYDREDGING OR OTHER OPERATIONAL -ACTIVITY THAT IMPACTS'THE
'SAVE NAVIGATION ON FEDERAL WATERWAYS
L DATES (INCLUSIVE) OF OPERATION.
2. HOURS OF OPERATION (24 HOURS/DAYLIGHT-HOURS ONLY).
3. NAMES OF THE INVOLVED VESSEL(S).

In
4. WORKING AND STANDBY FREQUENCIES.
5. SPECIFIC LOCATION (IvIILE;MARKER/CHANNEL).
6..ANY SPECIFIC INSTRUCTIONS OR CONCERNS THAT WOULD BE
PERTINENT TO THE MARINER. (NOTE: WE CAN ONLY PROVIDE
INFORMATION. WE CANNOT DIRECT THE MOVEMENTS. OF VESSELS: WE
URGE THE MARINER TO ADHERE TO THE REQUESTED ACTIONS.)
Submit the information to:
USCG SECTOR NC WATERWAYS DIV
721 MEDICAL CENTERDRIVE
WILMINGTON, NC 28401
OR EMAIL `
NCrn`armeevents(a nsce.iiiil,
27. Should Federal Aids to Navigation need to be relocated to facilitate.this operation,. 30 days'
notice is requested. The request will be sent to the Coast Guard District Five Office at:
USCG DISTRICT, FIVE (DPW)
431 CRAWFORD STREET
PORTSMOUTH VA 23704. .
OR EMAIL
CGD5 [e-mail]
28. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the permittee should contact the U.S. Coast Guard Marine
Safety Office at telephone, (91.0) 772-2200.
TERMS AND CONDITIONS OF USFWS BIOLOGICAL OPINION
These terms -and conditions are,non-discretionary. Unless addressed specifically below, the: terms
and conditions are applicable for the maintenance dredging and placement of sand for eachproject,
for the life of each pennit.

-> 0>
Termsand. Conditions —All Species
29. For the life Othe permit, all sand placement;activities above MI Wmust be conductedwithin
the winter work window (November 16 to April 30), unless necessitated. by an emergency,
condition and allowed after consultation with_the Service.
X. Prior to -sand placement,; all derelictmaterial, large amounts of rock, or other, debris must,be
removed.from the beachto'the maximum extentpossible.
31. Conservation Measures; included in the. permit applications/project plans must be:
implemented in the proposed project. KaReasonableAmd.prudent Measure (RPM) and Term
and Condition address the same requirements the,requirenftts of the RPM and Term and
Condition take precedent over -the Conservation Measure.
32. Predator -proof trash receptacles must be installed and maintained during construction at all.
beach access points used for -the projcut construction and any maintenance events, to'n i-miye
the potential for attracting predators of piping, plovers,; red knots, and sea turtles. All
contractors conducting the work must provide predator -proof trash rcceptacl'es for the
construction workers. All contractors and -their employees must be briefedonthe importance
of notlittering and keeping the Action Aredlee of trash and debris. See the Appendixfor
examples of suitable receptacles.
33. Piipelineplacement:mustbecoordinatedwithNCDCM,theeCorps,the Service'sRalcighFleld
Office, and the NCWRC.
34, Access points for construction vehicles should be as close to the project siteas possible.
Construction vehicle travel down the beach should be limited to the maximum extentpossible:
Terms and Conditions Piping Plovers and Red.Knots
35.. All personnel; involved in the construction or, sand placemeni;process along the: beach
shall be aware of the potential presence of piping plovers and red knots.. Before start,of
work each morning, a visual survey must be conducted in the area of work for that, day, _to
determine if piping plovers and red`knots are present. Construction operations shall not begin
until.individual piping plovers or red knots have exited the work are for the day.

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Terms and Conditions— Sea Turtles
3¢. Only beach compatible -fill shall be placed on;the, beach or in any associated. dune system.
Beach compatible fill must be sand that is similar to a, native beach in the vicinity of the; site
that has not been affected by prior sand placement activity. Beach compatible fill must be.
sand comprised solely of natural sediment and shell material, containing no construction:
debris; toxic material, large amounts of rock, or other foreign matter: The beach compatible
fill must be similar in both color and grain size distribution (sand grain, frequency, mean and
median grain size and sorting, coefficient) to the native -material in the Action Area. Beach
compatible fill is material that maintains thc:general character and functionality of the material
occurring on the beach.and.in the adjacent drake and coastal system. In general, fill material
that meets the requirements of the North Carolina Technical Standards for Beach Fill (15A
NCAC 07H .0312) is considered compatible.
37. During dredging operations;, material placed on the beach shall be inspected daily, to ensure
compatibility. If the inspection process finds that non -beach compatible_ material, including:
large amounts of shell or rock exceeding the state sediment criteria (15A NCAC 07H .0312),
is or has been placed on the beach, all work shall stop immediately,,• and the NCDCM and the,
Corps will be notified by the permittee and/or its contractors to def ermine the.appropriate plan
of action. '
38., Sea turtle nesting surveys must be conducted within the project area between May 1 and
November 15 of each year, for of least two consecutive nesting seasons, after completion of
sand placement (2.years post -construction monitoring). Acquisition of readily available sea
turtle nesting data from qualified sources (volunteer organizations, other agencies, etc:)' is
acceptable, However, in the, event that data from other sources' cannotbe acquired, the,
permittee will be responsible to collect the data. Data collected by the permittee for each nest
should include, at a minimum, the information in the table, below. This information will be
provided to the Raleigh Field Office in the annual report, and will be used to periodically
assess the cumulative effects of these projects on sea turtle nesting and hatchling production,
and monitor suitability of post construction beaches for nesting. Please see REPORTING
REQUIREMENTS, below.

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Parameter
Measurement.
Variable
Number of False
Visual Assessment of
Number/location offalse crawls;fn nourished
Crawls
all false crawls
areas any interaction of turtles with
obstructions, such as sand bags or scarps,
should be noted.
False Crawl
Categorization of the
Number in each of the following,cate"gories:
Type
stage at which nesting.
a) Emergence. _ no digging;
was abandoned
b) Preliminary body, pit,
c) Abandoned egg chamber:.
Nests
Number
The number of seaturtle,nests in iourished.
areas should be noted. Ifpossible; the location
of all sea turtle nestsi should be marked on a
project map, and approximate distance t&
scarps or sandbags,measured.in meters. Any
.abnormal cavity morphologies should be:
reported as well as whether turtle touched
sandbags or scarps during nest excavation.
Nests
Lost Nests
The number of nests lost to inundation or
erosion or the number with.lost markers.
Nests
Relocated nests
The;number of nests relocated and a,map of the
relocation area(s). The number of successfully
hatched eggs per relocated:nest.
Lighting Impacts
Disoriented sea turtles
The.numberof disoriented.hatchlings and
adults.
39. Visual surveys for escarpments along the Action Area must be made immediately after
completion of sand placement, and within 30 days prior to May 1, for two subsequent years
after any construction or` sand placement event. Escarpments that interfere with sea turtle
nesting or that exceed 18 inches in height for a distance of '100 feet: must be leveled and the.
beach profile must be reconfiguied to minimize scarp formation by the dates listed above.
Any escarpment removal must, be reported by location. The Service must be contacted
immediately if subsequent reformation of escarpments that interfere with sea turtle nesting or
that exceed 18 inches in height for a distance. of 100 feet occurs during the nesting. and
hatching season to determine. the appropriate action to be taken. If it is determined that

-13-
escarpment leveling is required during the nesting or hatching season,the Service or NCWRC
Will provide a brief, written authorization within :30 days that describes methods to he used to
reduce the likelihood of impacting existing nests: An annual summaryof escarpment surveys
and,actions taken must be submitted to the Service's Raleigh Field 'Offi=,
-
40. Sand compaction must be evaluated at least twice after each sand placement. event, once in
the project area immediately after completion of any sand placement event and once after
project completion between October 1. and May 1, Out -year compaction inspections and
remediation are notrequired if the placed material no longer. remains on the dry beach. Within
7 days of completion of sand.placement andprior to any tilling (if needed),, a field meeting
shall be held with the Service, NCWRC, and the Corps to inspect, the project area for
compaction and determine whether tilling is needed,
a. If tilling is needed, the area must be tilled to a depth of 36 inches: All tilling
activities shall be completed prior to May 1 of any year.
b. Tilling must occur landward of the wrack line and avoid all, vegetated areas that
are 3.square feet or greater, with a 3-foot buffer around'.all vegetation.
c. If tilling occurs during the shorebird nesting season (after April. 1.), shorebird
surveys are required prior to tilling per the Migratory Bud Treaty Act.
d. A summary of the compaction assessments and, the actions taken shall be
included in the annual report to NCDCM, the .Corps,, and the -Service's Raleigh —
Field Office..
e. These conditions will be evaluated and.may be modified if necessary to address
and identify sand compaction problems.
41. A report describing the fate of sea turtle nests and hatchlings and any actions -taken, must be
submitted to the Raleigh Field Office following completion of the proposed work for each
year when a sand placement activity has occurred. Please see REPORTING
REQUIREMENTS, below:
REPORTING- REOUIREMENTS
An annual report detailing the monitoring and survey data collected during the preceding .year
(required in the above Terms and Conditions) and. summarizing, all piping plover, red knot,and
sea turtle data must be provided to the. Raleigh Field Office by January 31 of each year for review
and comment. In addition, any information or data related to a conservation measure or
recommendation that is implemented should be included -in the annual report.

-14-
The contactfor these reporting requirements is:
Pete Benjamin, Supervisor.
Raleigh Field Office
U.S. Fish and Wildlife: Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
[phone]
Upon locating a dead, injured, or. sick, individual of an endangered or -threatened species; initial
notificationiiiusthemade tothe Service's Law EnforcementOtMcebelow Additional notification
must be madeto the Raleigh Ecological:Services old Offrceidentifred above and to theNCWRC
at [phone]. Care should be taken in handling sick or injured individuals and in the
preservation of specimens in the best possible state for later- analysis of:cause of death.or irijury.
Jason Keith
U.S. Fish and.. Wildlife Service
551-F Pylon Drive
Raleigh; NC 27606
(919) 8564 786, extension 34
ESSENTIAL. FISH HABITAT
42. Based on consultation with the Habitat Conservation Division of NOAA NMF.S
Lockwoods Folly Inlet(SAW 2014-02007) is subjectto"the following condition: To the extent
practicable; dredging will be from November 16 to Aprll 30,,.
43. Based on consultation with'the Habitat Conservation Division of NOAA NMFS', Shallotte
Inlet (SAW-201.4-02009) is subject to the following conditions: To the extent practicable,
dredging will be from November 16to April 30. All-hardbottommust be avoided.
HOPPER DREDGING NMFS (SARBO)
44. Permittee. Use of SARBO.
a. Hopper dredging is being approved. under the South Atlantic Regional
Biological Opinion (SARBO) dated 1997, which can be viewed on tbeERDC
web site atthe following link; http://el.erdc.usace.army.miVseattirtldslreh-

-1'5-
bo.cfm. If the U.S. Army Corps of Engineers, Wilmington District is
contracted to perform the work and .utilizes the vessels MERRITT,
CURRITUCK, or MURDEN; these dredge plants shall be subject to the
attached supplemental consultation to the SARBO (dated 9 March 1999)
which stipulates the equipment/operational standards of. the SAW Shallow
Draft Dredging Fleet.
b. The SARBO: includes an Incidental Take Statement (ITS) issued to'the Corps.
Under the SARBO/ITS, incidental takes are. authorized on a Fiscal Year (FY)
(October t - September 30) basis to be meted out by the Division Commander;
South Atlantic Division, U.S. Army Corps of Engineers for the southeastern
United States for Corps civil and•military projects, The Permittee:is hereby
advised to avoid any incidental take, in that suchtake may trigger the cessation
of hopper dredging for the remainder of that.FY. The Permittee understands
and, agrees that, even where: it is in full compliance with the, terms and
conditions of the SARBO/ITS incidental take by the Permittee may require
suspension of the 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. TheTervuttee understands and agrees on behalf
of itself; its agents, contractors, and other representatives, that, 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..
c. The, Permittee shall immediately notify the Corps Regulatory Project Manager
that an incidental take has occurred. The Regulatory Project Manager
responsible for this project is Mr. Tyler Crumbley who may be contacted at
the Wilmington Regulatory Field Office, 69 Darlington Avenue, Wilmington
NC 28463, and by telephone at (910) 251-4.170, or e-mail
[e-mail]. Dredging operations shall immediately
cease upon incidental -take of any sea tint le, speciesor Atlantic Sturgean,,which
is not covered under the SARBO but is, addressed in a 7(a)(2)/7(d) letter; until
the District Commander, or his designee, notifies the Permittee. to, resume
dredging. The Sea Turtle or Atlantic sturgeon incidental take data -form will.
be filled out by the Observer within 6 hours of the take event and. e=mailed: in
pdf format to [e-mail] and the Regulatory Proj'edt
Manager. In accordance with the RBO, all hopper dredges shall have an
Observer on board who meets the guidelines as established on the website
listed in Special Condition 46 below.

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45, Pre -Dredging Submittals.
a. No dredging shall be performed by a hopper dredge without the inclusion of a rigid sea
turtle deflector device. ' The Pemiittee shall electronically submit drawings to the
Regulatory Project Manager prior to commencement of'dredging, showing the proposed
device and its attachment. These.drawings,shall include the approach angle for,anyand all
depths to be dredged. during the dredging. The Permittee shall not commence hopper
dredging until approval of the sea turtle deflector device has been granted. by the Corps.
b. The Permittee shall electronically submit detailed drawings showing; the -proposed drag
head grating system(s) and drag head(s), gird documentation that supports grate sizing such
as dredge pump manufacturer's recommended maximum particle size dimension(s),, etc.
c..The _Permittee. shall electronically submit an operational plan to achieve protection of
sea. turtle$ during the hopper dredging operation. These operational procedures' are
intended: to stress the importance of balancing the suction pipedensities and velocities in
order to keep from taking sea turtles:.
d. During turning operations the pumps mpst either be shut off or reduced in speed to the
point where no suction velocity or vacuum exists. No dredging, Work shall:be allowed to
commence until approval of the turtle deflector device has,been granted by the U.S. Army
Corps of Engineers; Wilmington District. Sample Turtle" Deflector Design Details are
available on the,website listedin Special Condition 46. A, copy of the,approved drawings
and calculations shall be available on the vessel during dredging.operations.
46. Pre_Dredging Inspection. Within 3 days from the date of initiating the authorized work, the=
Permittee shall provide to the Corps; the completed Hopp'& Dredge Startup Inspection Checklist
form.with amritten notification of the date of commencement of work authorized by this permit.:
An inspection of the hopper dredge will be scheduled and performed by the Wilmington District
inspector after receipt of the notification ofcommencement. Inspection ch6dklists are. located on.
the website listed in Special Condition 46 below.
47. Hopper Dredge Equipment, Hopper dredge drag hcads; shall be equipped withsea turtle -
deflectors which are rigidly attached. Deflectors shall be solid with no openings in the face. No
dredging shall be performed by a hopper dredge without an installed turtle deflector device
approved by the District inspector. Sample Turtle Deflector Design Details',are on the web site;
indicated in Special Condition number 46 below.
a. Deflector Design.
(1) The leading. V-shaped portion of the deflector shall have an included angle of less than
90 degrees. Internal reinforcement shall be installed in the deflector to prevent, structural

-17=
failure of the device.. The..leading edge ofthe.'defleotor shall be: designed.to haye`aplowing
effect of at least 6 inches in, depth when the drag head is being operated. Appropriate
instrumentation or indicator shall be used and kept in proper calibration to insure the
critical "approach angle." (Information Only N6te: The design "approach angle", or the
angle of lower drag head pipe relative toahe average sediment plane, is very important to.
the proper operation of a deflector. if the lower drag head pipe angle in actual dredging
conditions varies tremendously from the design angle of,approach used in the development
of the deflector, the 6-inch plowing effect does. not occur: Therefore; every effort should
be made to insure this design "approach angle" is maintained with the lower drag pipe.).
(2) If adjustable depth deflectors are installed, they, shall be solidly attached to the drag
head using either a hinged aft, attachment: point or an aft trunnion attachment point in
association with an adjustable pin front attachment point or cable front attachment point
with a stop set to obtain the 6-inch plowing effect. This.arrangement allows fine-tuning
the 6-inch plowing effect for varying depths. Mice die deflectorisproperly adjusted there,
shall be no openings between the deflector and the drag head that are more than 4-inches
by 4-inches.
b. In -flow Baskets and overflow screening.
(I) The Permitted shall ensure that baskets or screening, are installed ,over the hopper,
inflow(s) andoverflow (s) with no greater than 4-inch by 4-inch openings. The method
selected shall depend on the construction of the -dredge used and shall be approved by the
District inspector prior to commencement of dredging. The screening shall provide 100%
screening of the hopper inflow(s) and overflow(s). The screens and/or baskets shall remain
in place throughout the performance of the work. The turtle deflector device and
inflow/overflow screens shall be maintained in operational condition for the entire
dredging operation. If during dredging operations; the Permittee cannot meet the
requirements.of the inflow and overflow screening, the Regulatory Project Manager shall
be contacted'immediately.
(2). The. Permittee shall install and maintain floodlights suitable for illumination of the
baskets or screening to allow. the Observer to safely monitor the hopper baskets or
screening during non -daylight hours or other periods of poor visibility. Safe access shall
be provided to the inflow and. overflow baskets or: screens to allow the.Observer to inspect
for turtles and Atlantic sturgeons, or parts thereof,, clean,thc, baskets or screens:for the next
loading cycle, and document any screening deficiencies. During periods of time when
observers are performing inspections of inflow and overflow baskets or screening, proper
lockout/tag out procedures and fall protection shall' be implemented.

-18;
c.:Drag head grating.
(1) Draghead grating may, be used to prevent over -sized. objects (relative to respective pump
and distribution system designs) from reaching and becoming lodged or damaging;, the dredge
pump and/or slurry distribution system. The Permittee may not use a drag head' grating system that.
Would prevent turtle, remains fromentering the Hopper inflow .screening: Detailed drawings
showing the proposed drag, head grating system(s) and drag head(s), and documentation that
supports grate sizing; (such as dredge pump manufacturer's recommended maximum partole size
dimension(s), etc,)' shall be submitted: No dredging shall begin until the District inspector has
approved all grating and screening.
48. Hopper Dredge Operation.
a. The Permittee shall operate the _hopper dredge to minimize the;possibility of taking sea turtles
or sturgeon and to comply with the requirements stated.in the Incidental Take Statement provided
by the NMFS:in-its SARBO'.,
b. The turtle deflector device and inflow/overflow screens shall be maintained in operational'
condition for the entire dredging operation.
c. Wheninitiating dredging; suction through the drag:heads shall be allowed just.long enough
to prime the pumps, and then the drag heads must be placed firmly on the bottom. When lifting
the drag heads from the bottom, suction through the drag heads shall be allowed rjust-long enough
to clear the lines,_and then must cease. Pumping water through the drag heads shall. cease while.
maneuvering or during travel to/from the disposal area. If the required dredging";section _includes:
compacted fine 'sands or stiff clays,: a properly configured arrangement of teeth may enhance
dredge efficiency, which reduces total dredging hours, and turtle takes. The operation of.a drag
head with teeth must -be monitored for each dredged section to insure that excessive:material is not
forced into the suction line. When excess high -density material enters the suction line, suotion
velocities drop to extremely low levels causing conditions £or pluggiirgof the suction pipe. Dredge-
operators should configure and. operate their equipment to eliminate all' low-level suction
velocities. Pipe plugging in the past was easily corrected, when low suction velocities occurred,
by raising the drag head.offthe bottom until the suction velocities, increased to an appropriate level.
Pipe plugging cannot be corrected by raising the drag head off the bottom. Arrangements ofteeth
and/or the reconfiguration of teeth should be made during the dredging process to optimize the
suction velocities.
d. Raising the drag head off the bottom to increase suction velocities is not acceptable, The
primary adjustment fox providing additional mixing water to the suction line should be through
water ports: To insure that suction velocities do not drop below appropriate levels, the Permittee
shall monitor. production meters throughout the job and adjust primarily the number and opening
sizes of water ports. Water port openings on top of the drag.head or on raised standpipes above

_49-
the drag head shall be screened before they are, utilized. ovthe dredging project. If a dredge section,
includes sandy shoals on one end of a tract line and mud:sediments on the other end of the tract
line, the equipment shall be adjusted to eliminate draghead pick-ups to clear the suction line.
e. The drag head shall.be buried a minimum of 6 inches: in the sediment at all times to maintain
drag head efficacy m reducing incidental takes. Maximum borrow area dredge-deptbs_idenfified
in the attached plans shall not be exceeded to achieve this effective plowing, depth:..
_f. During turning operations the.pumps must either be.shutoff orseduced inspeedto tho point .
where no suction velocity or vacuum exists.
49. Dredging Quality Management. Dredging and dredged; material. disposal and.monitoring of
dredging projects using the Dredging Quality Management (DQM) system shall be implemented
for this DA permit. The Permittee shall ensure that each hopper dredge assigned to the: work
authorized by this DA permit is equipped with-DQM, previously known as `Silent.Inspector',. for
hopper dredgeg reatteri DQM sy
systemmust
tbeen,e eby the DQM
Support Team within one calendarypo��in of he dredging/disposal.Questions-
regarding certification should be addressed to the DQM Support Center at 251-690-3011.
Additional information. about the DQM System can be found at httpi//dgm.u§we ar ffY.ft il. 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 permittee-shall,
contact the National Dredging Quality Management(DQM) program (htto://dgm.usace:aWm milO'
to assure that project information is loaded and data is being; appropriately transferred prior to
project commencement.
50. Sea. Turtle Non -Capture Trawl. Sweeping: In. order to minimize or reduce taking of turtles.
during dredging, non -capture trawling may be required if the Corps determines that it is necessary
to reduce entrainment risk. This type of trawling is designed to use non -capture type trawling
equipment to sweep.in the proximity of the dredging operations in order to stimulate sea turtles to.
move out of the dredge path. No sea turtles will be captured using this trawling technique; Non -
capture trawl sweeping may be performed 48 hours, prior to initiating dredging and may continue.
throughout dredging operations. Conduct non -capture trawl sweeping operations :in the vicinity of
dredge operations, but maintain a safe. distance from the dredge. Trawl, equipment used (e.g.
trawling nets) and trawl sweeping operations shall be conducted: such that no -sea turtles: or other
marine organism by -catch are captured. As much as possible, non -capture trawl sweeping shall
be conducted to maximize the amount of time during each 24-hour trawl day that the trawl
equipment (e.g. trawling,nets) sweeps the bottom sediment in the vicinity of the dredging operation
(i.et: maximize the bottom time with the trawling equipment). Such.trawIing in the vicinity of the
dredge shall be conducted continuously, stopping after. every 4 to 6 hours to check the condition
of the trawl equipment and assure that no turtles have been captured, '

-20-
a.Non-capture Trawl Sweeping Period. Non -capture trawl sweeping shall be conducted as
described belowr
(1) A day of non -capture trawl sweeping shall be defined.. as 24 hours of continuous trawling.
(2) Non -capture trawl sweeping may be conducted, as 24-hours of trawling as a continuous
trawl; however, twoseparate crews must be available on board to work two 12-hour shifts.
b. Turtle Handling; and Endangered. Species. Permits. No, sea turtles are to be intentionally
captured during non -capture trawl sweeping operations. No endangered species peirnits'To handle
sea: turtles are.required for non -capture trawl sweeping. Should a sea turtle become entangled in
the trawling ,nets; the nearest in facility must be :notified for arrangements• to be madeto
transfer the anhnal, as needed.
c. Reporting, A daily log, will be kept for each non-captui�trawl. sweeping operations. The�
non -capture trawl sweeping log will be submitted to the Regulatory Project Manager at the
completion of the project. Data to be Included with this;log daily will include;
(1) GIS coordinate of trawl locations at the start: and end of each sweep..
(2) Times recorded for the duration of each trawl, sweep.
(3) Description of dredge proximity during7each sweep.
(4) General notes as appropriate (e.g: condition of equipment atthe end of each sweep,
snags occurring during,each sweep, incidental debris,, etc.).
(5) Water Quality and -Physical Measurements: Water temperature measurements shall be
taken. at the water surface each day using a laboratory thermometer. Weatherconditionsshall be:
recorded from visual observations and instruments on the: trawler. Weather conditions, air
temperature, wind velocity and direction, high and low tides, sea state -wave height, and -
precipitation shall be recorded on the Trawling Form on the website indicated;inSpecial Condition
46 below.
a. Non -Capture Trawl Sweeping Equipment:, To reduce the chances of sea turtles
becoming entangled and caught in the net webbing, during non -capture trawl sweeping,,
the Contractor shall use standard flat -style shrimp trawling nets. Nets shall have one
to two-inch webbing holes, the webbing.should be made of nylon material (preferably
dipped.)
1. The bag end of these nets shall be completely cutout so that the nets remaining on
the rigging are approximately 30 to 504eetlong, The nets shall be long enough to

-21-
provide a trailing length of net in the water to "stimulate turtles" to move butnot
be long enough to be able to twist, when: 1) being pulled in the water; 2) being
pulled up and onto the deck; 3) the vessel mstationary; or 4) the trawl vessel turns
while trawling. Thismet length may shorter or longer depending on the specific
configurations. of the trawler and its rigging, but must be set up to specifically
prevent the twisting of the net., The nets should be installed and adjusted such that
organisms are not being collected (turtles and other -by -catch).
2. The bag• end of the nets shall be, cut.awayto create a large open' end on the nets.
The webbing shall be monitored so that tears and.rips do not.occur in the remaining
webbing that might.entangle and capture organisms.( particuldily "turtles).
3. To. ensure: that the lead line and mouth of the trawl nets maintaiir contact with the
seafloor as best as possible, the lead line of each net shall be rigged with. weights,
mud rollers,, tickler chains and/or trawling cookies (as appropriate for, the
environmental conditions and sediment;type).
For the first 48 hours after beginning non -capture trawling operations, pull and check the nets
every hour to evaluate and document the:
a. Status of the nets (particularly twisting ofthe: tail end).
b, Net contents (turtles and. other by catch)'
and, after the first 48-hours and appropriate net, configuration has been established, gradually
increase trawling times to a maximum of 2-3-hours.
e.. Trawler Equipment Breakdown: Should -there be a breakdown of trawler equipentthat
would cause the trawler. to leave the area where dredging is underway during any period of
time: when non -capture trawl sweeping is required, the dredge may continue to operate for'up
to 48 hours; as long as no turtles are taken, and subject to the discretion. of the Regulatory
Project Manager. Should there be dangerously high seas that would cause,the trawler to. leave
the dredging area when non -capture trawl. sweeping is required, the dredge may continue to
operate, as long as no turtles are'taken; subject to the discretion of the Project Manager.
51. Endangered Species Observers: During dredging operations; observers approved by the
NMFS for sea turtles, Atlantic sturgeon and whalesi shall be aboard to monitor for the presence of
the species. Observer coverage shall be 100 percent (24hr/day) and shall be conducted year round.
During transit to and from the disposal area, the; observer shall monitor from the bridge during
daylight hours for the presence of endangered species, especially the Northern right whale, during
the period December through March. Records shall be kept of the date, time, and approximate
location of all marine mammal sightings. Care shall be taken not to closely approach any whales

-22-
or manatees observed during dredging. The observer shall serve •as a lookout to alert the vessel
Pilot of the occurrence of these animals: If any are, observed,, collisions` shall be avoided either
through.reduced "vessel speed, course alteration, or bath. During the evening hours; when there is
limited visibility due to fog, or when -there are sea states of greater than Beaufort 3; the dredge
must slow down.to 5 knots or less when transiting between areas if whales. have been spotted
within 15 nm, of the vessel's path within 24 previous hours. If'a right whale is sighted,, the, dredge
operator shall'maihtain a 500-yard buffer between the vessel and any whale.
During, dredging operations, while drag heads are submerged, the observer shall continuously
monitor the inflow and/or overflow screening for tgwes and/or turtle parts and Atlantic sturgeon
and/or Atlantic sturgeon parts. Upon completion .of each load cycle, drag heads should be
monitored as the drag.head is lifted from=the sea surface and. is placed' oil the saddle. in order to
assure that sea.turtlesthat may be impinged within drag head are'not lost, and `un-accounted for.,
Observers• shall physically inspect drag heads and inflow ,and overflow screenindboxes for
threatened and,endangered species take. Other abiotic andbiotic debris found in the screens:during
their examination for sea turtle or sturgeon parts shall'be recorded and then disposed of so as not
to impede the functioning of the screens. during themext load cycle.
a.. Monitoring Reports. The results of the monitoring, shall be, recorded. on, the appropriate:
observation sheets. There is a sheet for.each load, a daily summarysheet,.anda'weekly summary
sheet. In addition, there will be a post dredging summary sheet.. Observation's sheets will be
completed regardless of whether any takes' of Atlantic sturgeon, whales; or sea turtles occur: In
the event of any sea turtle. or Atlantic Sturgeon take byft dredge, appropriate_ incident reporting.
forms shall be completed. Additionally, all specimens shall be photographed with_a digital camera.
These photographs shall be attached to respective reports for documentation: Dredging, of
subsequent loads :shall -not commence until all appropriate reports are completed from the previous
dredging load to ensure completeness and thoroughness of documentationn associated with the
incidental take. Reports shall be submitted to the Corps within 24-hours of the take. Copies of the
forms must be legible. Observer, forms may be accessed on the web site indicated in Special
Condition 46 below.
b. Endangered Species Observer(s). A list of endangered species observer -biologists (ESOs)
thathave beenNMFS-approved to monitor tlueatened/eirdangered.species takes.by hopper dredges
can be obtained by contacting.NOAA Fisheries' Southeast Region, Protected Resources Division.
b. The Permittee shall provide. a digital camera, with an image resolution capability of at
least 300 dpi, in order to photographicallyreport all incidental takes, without regard, to
species, during dredging operations. Immediately following the incidental take of any
threatened or endangered species, images shall be provided, via email, CD, DVD, or
USB (thumb/flash/jump drive) to the Contracting Officer's Representative in a•,-7PG`or
.TIF format -and shall accompany incidental take forms. The nature of findings shall
be:fully described in the incidental take forms including references to photographs.

-23-
52. Manatee, Sea Turtle,; Atlantic Sturgeon -and Whale,SightingReports. Any take concerning" a
manatee, ,sea turtle, Atlantic sturgeon, or whale; or sighting of any injured or incapacitated
manatees, sea turtles; or whales shall be reported immediately to the Corps; by notifying the
personnel indicated in the list in Condition 38 above. A copy ofthe.incidental take report shall be
provided within 24 hours of the incident. The Permittee shall also immediately repo"rt any collision
with and/or injury to a manatee to the U.S. Fish and Wildlife Service, the National Marine Fisheries,
Service, and North Carolina, Wildlife Resources Commission. If a sea turtle and/or Atlantic.
sturgeon is taken by the dredge (live or°dead); the, Permittee shall. email a PDF version of1he
incidental take report to NOAA=Fisheries Southeast Region at the following email address within
24 hours of the •take: takereport [e-mail], also providing a copy to the Regulatory
Project Manager.
53. Disposition of Sea Turtles or Turtle Parts.
a. Turtles taken by hopper dredge
(1--) Dead turtles - Upon removal of sea turtle and/or parts from the drag head or screening,
observers shall take photographs to sufficiently document major characteristics of the turtle or
turtle parts including but not limited to dorsal, ventral,, anterior, and posterior views, For all
photographs taken, a backdrop shall be. prepared to document the dredge name, observer company
name, contract title, time, date, species, load number, location of dredging, and specific location
taken (drag head, screening, etc.). Carcass/turtle parts shall also be scanned for flipper and Passive
Integrated Transponder (PIT) tags. Any identified tags shall be .recorded on the "Sea Turtle
Incidental Take Form" that is included in the "Endangered" Species Observer Program.. Forms"
located onthe web site indicated in.Special Condition number-46 above, 'Turtle parts which cannot
'be positively identified to species shall be preserved by the observer(s) for later identification, A
tissue sarnple shall be collected from any lethally taken sea turtle and submitted under the process
stated in the. Protocol for Collecting Tissue Samples from Turtles for Genetic Analysis found in
the website listed in Special Condition 46 above. All genetic samples collected shall be submitted
to NMFS .within 30-days of collection and verification of submittal to NMFS shall be provided to
the Regulatory Project Manager: After all data collection is.complete, the sea turtle parts -shall be
placed in plastic bags, labeled as to the time, date, and dredged reach of collection, kept frozen and
transported to the National Marine Fisheries Service Laboratory in Beaufort, North Carolina. If
no local facility is capable of receiving the sea turtle/parts, they, should be marked (spray paint
works well), weighted down and disposed of under the direction of the Regulatory Projeef
Manager.
(2) Live Turtles - Observer(s) shall measure, weigh,: scan for Passive Integrated,Transponder
(PIT)tags, and photograph any live turtle(s) incidentally taken bythe dredge: If no tagging was
identified, observers shall tag the turtle using.Iconnel flipper and PIT tags if they are qualified to
do so. Observer(s) or their authorized representative shall coordinate with the Regulatory Project

-24-
Manager to -transport, as soon as possible, the live�turtle(s) taken by the dredge to an approved
rehabilitation facility in thb:Project Area.
54. Report Submission. The Permiftee shall maintain 4 log, detailingincidents; including
all, ntsj
sightings, collisions with, injuries; or, killing of manatees, sea turtles, Atlantic sturgeon,, or whales
occurring during the -contract period, The data shaH be recorded.on forms available on the website
as indicated in Special Condition number 46. All data -in original form shall be forwarded directly
to Wilmington District: within 16 days of collection. Following project completion;, a. report
summarizing the -above incidents and sightings shall be submitted to the following:
4. Wilmington District Regulatory Contact: T.,[e-mail]
c. South AtlantiGDredging-Projects: Jennifer .t.aweris(a)usate.atMy.Mit
c, National ' Marine Fisheries, Service
Protected Sppcies,Management Branch
263 13th Avenue South—
St. Petersburg,,Florida.33701
d. North Carolina Wildlife Resources Commission
Matthew Godfrey
307 Live Oak -Street.
Beaufort, North Cuolina,185 16
55. All necessary precautions and measures will be implemented so that any activity wig not kill,
injure,
M I urep capture, pursue, harass, or otherwise'liami any protected federally listed species (sea turtles;
whales, manatee, Atlantic sturgeon, acidpiping"plover). While accomplishing the authorized work,
if the Permittee discovers or, observes-a-damagW or hurt listed endangered or threatened species,
the Corps will be immediately notified so that required coordinadon.caribe initiated with the U.S.,
Fish and Wildlife Service (USFWS), and/or the National Marine Fisheries Service (NWS).

NEW HANOVER COUNTY
EugineeringDepartmeat:
230 Government Center Drive • SuitQ'160
Wilmington, North Carolina 28403
TELEPHONE [phone]
FAX [phone]
25. January2017
NC Division of Coastal Management
Wilmington.Regonal Office
127 Cardinal Drive Extension.
Wilmington,NC28405 a
Attention: Debra Wilson
Subject: Carolina Beach Inlet &'Crossing
FreemanPark, PiacenientExtension,
Dear Ms Wilson,
James P. lanuucdj PE,, CFM,
Counognglneer
R Layton Bedsole Jr., REM
Shore'Fro1ecAon,C00)•8i11at0r
New Hanover County (NHC) is requesting a.Mnor Modification to North Carolina Division of
Coastal Management (NCDCM) Major Permit Number 50-16 (expiration date 31 D`.ecember
2019)., This Minor Modification request would extend the beneficial use area on Freeman Palk
by an estimated 1000 feet (Figure One). This extension would allow for placement of Carolina
Beach Inlet (CBI), and Atlantic Intracoastal Waterway (AIWW) crossing maintenance material
to overlap the coastal storm damage. reduction ,(CSDR).placement temp late",(Figure Two The
proposed extension would retain the beneficial use disposal profile as originally permitted in
Attachment3-3, Item 3 of 5 found in the Shallow Draft Inlet-5NCDCM'Major Application dated
May2015 (Figure. Three)„
On October 81h and 9th 2016, Hurricane Matthew affected southeastern North Carolina including
the beaches of New Hanover County. The Wrightsville Beach, Carolina Beach (CB) and Kure
Beach, (KB) CSDR projects did their jobs and proteoted public and private infrastructure, small`
business and local economic drivers. However, the US Army Corps of Engineers (USACE),had.
recently (spring of 2016) implemented a CSDR maintenance event on. CB Arid KB. The rock
revetment at the northern extent of the CB CSDR project its a reach that provides ;ongoing,
maintenance challenges. The revetment runs from approximately 200 feet north,of Periwinkle
Lane to approximately 200 feet north of the Carolina Beach Fishing Pier. An -approximate 500
feet of transition continues north terminating at the northern extent of the. CSDR template
alignment as depicted in Figure Two. Constructed by the USAGE in,1973, the parallel rock
structure does provide supplemental protection but can exacerbate erosional forces within the
reach. As was the case during Hurricane Matthew,, Photo One was taken two days before. the
storm and Photo Two was taken.the day after the storm; both photos are within an hour of high
tide. This reach has appreciably recovered; however, the immediate- effect of relocated
maintenance volumes is apparent.

The.fhct that Hurricane Matthew- occurred during, the: ast year of the _CB CSDR!s thrdemyear,
cycle. is a concern (Figure Four). ,Our next scheduled CSDR ariqpevent is FY19.
I however, the next OSACE AIWW crossing event, with. beneficial use on Freeman Park is
scheduled BbnApril 2017. If there, Was enough sand volume in this USACE AI.WW contract, the
volume could possibly- benefit the. Matthew effected, revetment- reach, However,. the,
authorization for' beneficial use: of AIWW./inl6t material within this reach. is; not: federally or
locally held. The USACE's budget and prioritization 4 1 o0s notL allow for authorization
ingdifications within this inlet complex. Therefore, NHC would like4o ha: ' yeAhe authorization
capability for the Freeman Park placement atea,tb overlap the CSDR tehiplatoin the:. event
AIWW and/or inict,maintenancevolumes justify the increasein placement distance,
NHC has secured a CBI maintenance authorization and .4 CB CSDR projoO authorization, both
mimicking historical USACE efforts.. However. an authorization gap (apprc4. I 0001L) restijcts
potential beneficial use between the Freeman -Park -an& CSDR. placement footprints. NHC is
requesting,the locally held CBI; authorisation be',amended to. allow .AIW-W I n /in etplAceme-
t along
Freema,nPaik to overlap the adjacent CSDR tqlpplate:,
New Hanover County requests a Minor Modifidaiton to Major Permit Numb 50-16 bridging
Number .ging
NHC's locally held `CBI authorized beneficial' use footprint to.. overlap the: abutting CSDR
footprint. New Hanover County appreciates. the Division of Coastal Management's
consideration and, the processing; fee will be hand delivered. if questions arise- or additional
infbrination is needed, please -fdel ft&e to contact me at (910). 798-7104 of at
H. Layton BedsoIe Jr;, R.E.M.
A/
NHC Shore Protection Coordinator
Cc: (via email transmittal)
0 D. Wilson, XCticm;,-debra wilsgnOncd6nr.ggv--
D. Huggett, NCDCN
J: lannucci,NHC County Engineer

eA
LV• C.,.e+.... a
,
I
r

High Tide Photq.,-' 1 7 1:39, am.. 11. 1:00 a:.,m�,
Photo Two. WW2016, afterrHufficane Matthew
High Tide / Photo,, 2:49 p.m, P.'M..

mmuw o[nx..
Figure. Three

r

.j
NEW 'HANOVER COUNTY INSHORE DREDGE'
MATERIAL MANAGEMENT SITE
NEW HANCivEx. COU114 I Y, I\JUKI,tl L-AKULLI\18
sHEET-IND
I
COVER SHEET
PROJECT
a CrT OVERVIEW
'3
VIEW
.4
CSORIORRMW=2020'SEE I'DMMMSSPPP'�'DREDGE8ATHYMEMYPLAN VIEW
5
CSDR BORROW A ROPO EDID MS POST -DREDGE aATHYMETRY PLAN VIEW
6
CSOR BORROW AREA/PROPOSED. RMS CROSS SECTIONS A-K & SSW
GENERAL NoTEs..
.1.
COORDINATESARE IN FEET BASED ON NORTH'CAROUNA STATE PLANE COORDINATE sismm, NORTH AMERICAN
DATUM 1983, (NAOR3).-,
2.
ELEVATIONS ARE IN, FEET REFERENCED TO NORTH AMERICAN VERTICAL DATUM OF.1988 (NAVD88).
3.
PRE -DREDGE HYDROGRAPHIC SURVEY PERFORMED BY USACE MARCH 10, 2016.
,4.
POST DREDGE HYDROGRAPHIC SURVEY PERFORMED BY USACr APRIL 9, 2016.
S.
AERIAL PHOTOGRAPH DATED: MARCH, 201b.'
LEGEND
:0 7500 159bo
?!� CSDR BORROW AkWpRoposED iDmms
GRAPHIC SCALE N FT
CSOlt BORROW AREAIPROPOSED IDMMS
COORDINATE LOCATION AND M
RAMGli
11 CHARLOTTE' WE RATTERAS
-c�
CKSONYJLLE- DREHIAD CRY
j CAPE LOOKOUT
PROJECT SITE
...
CAPE FEAR
ATLAN71C
OCFAIV
NOT, FOR CONSTRUCTION
IFMREGULAMRY REVIEW, ONLY
CS.—

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� � fJ�y` .. p, - • `� y Z •r�4* .a,•.YY' �-, �.t fuw ,. < t'
IL�; t a . 4f
`4 14 1 1170

Figure Four
IIEC _iVEU
DCM WILMINGTON, NC
JAN 3 0 207
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