Buxton - AppB-Monitoring&SpecialConditions

APPENDIX B
MONITORING & MITIGATION PLAN
Prepared on Behalf of.•
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Dare County Board of Commissioners
North Carolina
In support of NEPA Documents Prepared for
Beach Renourishment to Protect NC Highway 12
At Buxton, Dare County, North Carolina
Prepared by:
High Value Services �l
Sustainable solutions V
COASTAL SCIENCE & ENGINEERING
PO Box 8056, Columbia, SC 29202-8056
[2403-M-TASK 4-MAY 20211

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TABLE OF CONTENTS
USACE SPECIAL CONDITIONS.................................................................................... 2
WORKLIMITS............................................................................................................................2
RELATEDLAWS.........................................................................................................................3
CZMA.........................................................................................................................................3
CULTURAL RESOURCES...........................................................................................................3
PROJECT MAINTENANCE.........................................................................................................4
ENFORCEMENT.........................................................................................................................4
ENDANGERED SPECIES ACT (ESA)...........................................................................................5
NAVIGATION............................................................................................................................14
SECTION10.............................................................................................................................15
EXCAVATION/DREDGING........................................................................................................16
NPS MITIGATION MEASURES.......................................................................................................27
GENERAL CONDITIONS...........................................................................................................27
SEATURTLES..........................................................................................................................29
SHOREBIRDS...........................................................................................................................34
WORK LIMITS AND OTHER CONDITIONS...............................................................................35
NPS ECOLOGICAL MONITORING PLAN.......................................................................................37
SAMPLE MONITORING PURPOSE...........................................................................................38
MONITORING FREQUENCY.....................................................................................................39
SAMPLING STATIONS AND TRANSECTS................................................................................39
SAMPLING METHODS.............................................................................................................40
ANALYSIS METHODS...............................................................................................................41
GrainSize Analysis........................................................................................................41
Heavy Mineral Content Analysis...................................................................................41
BeachCompaction........................................................................................................41
Reporting.......................................................................................................................
41
REFERENCES CITED......................................................................................................................47
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BEACH RENOURISHMENT TO PROTECT NC HIGHWAY 12
AT BUXTON, DARE COUNTY, NORTH CAROLINA
APPENDIX B
PROPOSED MONITORING & MITIGATION PLAN
The Applicant's (Dare County) proposes beach renourishment in summer2022, involving placement
of offshore sand via dredge along the Buxton (North Carolina) beach and National Park Service
(NIPS) property at Cape Hatteras National Seashore, would be subject to certain special conditions,
if permitted.
NPS issued a Final Environmental Impact Statement (FEIS) for Sediment Management Framework
along Cape Hatteras National Seashore (Seashore) in March 2021 (NIPS 2021a), and the Department
of the Interior and NIPS issued a Joint Record of Decision (ROD) on this study in May 2021 (NIPS
2021b). Mandatory mitigation measures are listed in Appendix B to the ROD. It is expected that
regulatory agencies will require additional specific conditions for projects taking place under this
EIS, including relevant project design criteria (PDCs) of the 2020 National Oceanic and Atmospheric
Administration (NOAA) NMFS South Atlantic Regional Biological Opinion (SARBO) (NMFS 2020). The
proposed Buxton renourishment project will be conducted under NIPS' FEIS and ROD if permitted,
and therefore, the Permittee expects to be in compliance with the terms, requirements, obligations,
conditions, certifications, letters and documents, mitigation, and consultation requirements
developed in the FEIS and ROD.
Appendix B is a supplement to the Environmental Assessment (EA) for the proposed project, and
describes the anticipated monitoring and mitigation measures for the proposed action. It is based
on similar special conditions prescribed for beach nourishment during summer months in North
Carolina at Buxton (USACE 2015-Action ID SAW-2015-01612), Nags Head (USACE 2010-Action ID
SAW-2006-40282 and USACE 2017-Action ID SAW-2017-02098), and Rodanthe (USACE 2013-Action
ID SAW-2013-01129). In addition, NPS's newly published FEIS (NIPS 2021a) and ROD (NIPS 2021b)
are used as guidance in developing the proposed mitigation measures, particularly for the
monitoring plan of the benthic organism.
The Permittee proposes dredging from offshore borrow area by hopper dredge or suction-
cutterhead dredge. Because work would potentially occur outside designated periods for
construction under the South Atlantic Regional Biological Opinion (SARBO) (NMFS 2020), there
would be numerous provisions and special conditions for operations. The conditions detailed herein
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[2403M-Task 4-Appendix B] Buxton, Dare County, North Carolina

should not be construed as all special provisions that may apply to the proposed project. The final
special conditions would be prescribed in permits forthe project should federal and state regulatory
agencies and the National Park Service determine that the proposed project can proceed.
If the following Proposed Monitoring and Mitigation Plan (Proposed Plan) are retained in the federal
permit for the project, the word "would" should be changed to "shall" or "will" as appropriate.
Further, where reference is made to a point of contact, a specific person should be named as
applicable using the up-to-date personal contact information.
USACE SPECIAL CONDITIONS
In accordance with 33 U.S.C. 1341(d), all conditions of the North Carolina Division of Coastal
Management Major Permit and the North Carolina Division of Water Resources 401 Water Quality
Certification would be incorporated as part of the Department of the Army permit. Therefore, they
are not listed as special conditions in this section.
WORK LIMITS
1. All work authorized by the permit would be performed in strict compliance with the plans
illustrated on the permit application, which would be a part of the permit. Any modification
to these plans would be approved by the U.S. Army Corps of Engineers (USACE) prior to
implementation.
2. Except as authorized by the permit or any USACE approved modification to the permit, no
excavation, fill, or mechanized land -clearing activities would take place at any time in the
construction or maintenance of this project, within waters or wetlands. The permit would
not authorize temporary placement or double handling of excavated or fill material within
waters or wetlands outside the permitted area. This prohibition would apply to all borrow
and fill activities connected with this project.
3. Dredging activities authorized by the permit would not in any way interfere with those
operations of the USACE Civil Works dredging and navigation projects. Specifically, there
would not be any interference with the USACE maintenance dredging of Oregon Inlet or
Federal channels in the vicinity of Oregon Inlet.
4. Except as specified in the plans attached to the permit, no excavation, fill, or mechanized
land -clearing activities would take place at any time in the construction or maintenance of
this project, in such a manner as to impair normal flows and circulation patterns within
waters or wetlands or to reduce the reach of waters or wetlands.
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5. The Permittee would schedule a preconstruction meeting between its representatives, the
Contractor's representatives, and the USACE prior to undertaking any work within
jurisdictional waters and wetlands to ensure that there is a mutual understanding of all
terms and conditions contained within the Department of the Army permit. The Permittee
would contact the USACE a minimum of thirty (30) days in advance of the scheduled
meeting in order to provide that individual with ample opportunity to schedule and
participate in the required meeting. Meeting participants may include, but are not limited
to, representatives from the U.S. Fish and Wildlife Service (USFWS), the National Park
Service (NPS), National Marine Fisheries Service (NMFS), N.C. Division of Coastal
Management (NCDCM), N.C. Division of Water Resources (NCDWR), N.C. Wildlife Resource
Commission (NCWRC), and the U.S. Coast Guard (USCG).
6. The permit would authorize beach fill activities to be undertaken only one (1) time along
the entire project area. Any request to undertake additional maintenance beach fill
activities within the project area where nourishment activities have already been
completed under the permit would require prior written authorization from the USACE.
RELATED LAWS
7. All mechanized equipment would be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, orothertoxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
Permittee would immediately report it to the N.C. Division of Water Quality at (919) 733-
3300 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
CZMA
8. The Permittee would fully abide by all conditions of the CAMA Major Permit, to be issued by
the North Carolina Division of Coastal Management, which are incorporated herein by
reference.
CULTURAL RESOURCES
9. The Permittee would follow any protocol set forth by the SHPO regarding avoidance of
buffer areas. In the event that any project activities expose prehistoric or historic cultural
material not identified during the survey, the dredging company under contract to Dare
County would immediately cease operations in that vicinity and notify the respective Point
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of Contact for Dare County and for the North Carolina SHPO. Notification would address the
exact location, where possible, the nature of material exposed by the project activities, and
options for immediate archaeological inspection and assessment of the site.
10. Prior to the commencement of sand placement, the Office of State Archaeology -
Underwater Branch (910-458-9042) would be contacted for the last known locations and
to determine the proper course of action (none, avoidance, documentation).
PROJECT MAINTENANCE
11. The Permittee would advise the Wilmington District Regulatory Division in writing prior to
beginning the work authorized by the permit. The contractor's name, phone number, and
address, including any inspector's contact name and phone number, must be provided to
the Wilmington District prior to any work.
12. The Permittee would 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 withal[ aspects of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A
Article 4).
13. The Permittee would coordinate the placement of all dredge pipelines along the beach with
the NCDCM, the USACE, the USFWS Raleigh Field Office, and the NCWRC.
ENFORCEMENT
14. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section
10 of the Rivers and Harbors Act must be reported in writing to the Project Manager of the
Washington Regulatory Field Office, Wilmington District U.S. Army Corps of Engineers within
24 hours of the Permittee's discovery of the violation.
15. The Permittee, upon receipt of a notice of revocation of the 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.
16. All reports, documentation, and correspondence required by the conditions of the permit
would be submitted to the following address: U.S. Army Corps of Engineers, Regulatory
Division, Washington Regulatory Field Office, 2407 W. Fifth Street, Washington, North
Carolina, 27889, and by telephone at: [phone] (general number).
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17. A representative of the USACE would periodically and randomly inspect the work for
compliance with these conditions. Deviations from these procedures may result in an
administrative financial penalty and/or directive to cease work until the problem is resolved
to the satisfaction of the USACE.
ENDANGERED SPECIES ACT (ESA)
18. The Permittee would comply with the USFWS Biological Opinion (BO) and the NMFS South
Atlantic Regional Biological Opinion (SARBO) (NMFS 2020), which contains mandatory terms
and conditionsto implementthe Reasonable and Prudent Measures (RPM) that are associated
with "incidental take" that is also specified in the BOs. The authorization under the USACE
permitwould be conditional upon the Permittee's compliance with all of the mandatoryterms
and conditions associated with incidental takes of the attached Opinions, 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 BO, where a take of the listed species occurs,
would constitute an unauthorized take, and it would also constitute non- compliance with
your USACE permit. The USFWS and NMFS are the appropriate authorities to determine
compliance with the terms and conditions of their BOs, and with the ESA.
19. The Permittee would immediately notify the USACE Regulatory Project Manager that an
incidental take has occurred. Dredging operations would immediately cease upon
incidental take of any sea turtle species or Atlantic Sturgeon until the Wilmington District
Commander, or his designee, notifies the Permittee to resume dredging. The Sea Turtle or
Atlantic sturgeon incidental take data form would be filled out by the Observer within 6
hours of the take event and e-mailed in pdf format to [e-mail] and
the USACE Regulatory Project Manager.
20. All necessary precautions and measures would be implemented so that any activity would
not kill, injure, capture, harass, or otherwise harm any protected federally listed species.
(sea turtles, whales, manatee, Atlantic sturgeon, red knots and piping plover). While
accomplishing the authorized work, if the Permittee discovers or observes a damaged or
hurt listed endangered or threatened species, the USACE would be immediately notified so
that required coordination can be initiated with the USFWS and/or the NMFS.
21. The Permittee would conduct routine beach surveillance during construction to prevent
unintentional damage to sea turtles and their nesting areas. If a nest or a turtle crawl is
identified in the project area, the Permittee would immediately stop all beach disposal
activities and contact the USACE to determine appropriate action. Specific night time and
morning monitoring requirements will be identified in the USFWS Biological Opinion.
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22. All derelict concrete, metal, and coastal armoring geotextile material and other debris must
be removed from the beach prior to any sand placement to the maximum extent possible.
If debris removal activities take place during the sea turtle nesting season, the work would
be conducted during daylight hours only and would not commence until completion of the
sea turtle nesting survey each day.
23. Conservation Measures included in the permit application/project plans would be
implemented in the proposed project. If a RPM and Term and Condition address the same
requirement, the requirements of the RPM and Term and Condition would take precedent
over the Conservation Measure.
24. Information required to be sent to the USFWS should be submitted to:
Mr. Pete Benjamin, Supervisor Raleigh Field Office
U.S. Fish and Wildlife Service Post Office Box 33726
Raleigh, North Carolina 27636-3726 [phone]
25. Predator -proof trash receptacles would be installed and maintained at all beach access
points used for the project construction, to minimize the potential for attracting predators
of piping plovers, red knots, and sea turtles.
26. A meeting between representatives of the Permittee's Contractor (s), USFWS, NCWRC, the
permitted sea turtle surveyor, and other species surveyors, as appropriate, would be held
prior to the commencement of work on this project. Notification of the meeting would be
at least 10 business days in advance.
27. All personnel involved in the construction or sand placement process along the beach
would be trained to recognize the presence of piping plovers and red knots prior to
initiation of work on the beach. Before start of work each morning, a visual survey would
be conducted in the area of work for that day, to determine if piping plovers or red knots
are present. If plovers or red knots are present in the work area, careful movement of
equipment in the early morning hours would allow those individuals to move out of the
area. Construction operations would not begin until individual plovers or red knots have
exited the work area for the day. If piping plovers or red knots are observed, the observer
would make a note on the Quality Assurance form for that day, and submit the information
to the USACE and the USFWS's Raleigh Field Office the following day. See REPORTING
REQUIREMENTS below.
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[2403M-Task 4-Appendix B] Buxton, Dare County, North Carolina

28. Only beach compatible fi[two uld be placed on the beach or in any associated dune system.
Beach compatible fill would 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
would be sand solely of natural sediment and shell material, containing no construction
debris, toxic material, or otherforeign matter, or large amounts of granular material, gravel,
or rock. The beach compatible fill would 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 would be material that maintains the
general character and functionality of the material occurring on the beach and in the
adjacent dune and coastal system.
a. Beach compatible fill consisting predominantly of quartz, carbonate (i.e., shell,
coral) or similar material with a particle size distribution ranging between 0.0625
millimeters (mm) and 2.76 mm, classified as sand by either the Unified Soils or
Wentworth classification systems;
b. Beach compatible fill containing less than or equal to 2 %fine-grained sediment
(< 0.0625 mm, considered silt, clay and colloids) by weight, unless sufficient
sampling of the project area indicates that the native sediment grain size
distribution contains > 2 % fine-grained material, in which case compatible
material would be considered the percentage of fine-grained native material
plus no more than an additional 2 % by weight;
c. Beach compatible fill containing coarse gravel, cobbles or material retained on
a 3/4 inch sieve in a percentage orsize not greaterthan found on the native beach.
d. Beach compatible fill that would not contain carbonate (i.e., shell) material that
exceeds the average percentage of carbonate material on the native beach by
more than 15 % by weight.
29. During dredging operations, material placed on the beach would be inspected daily to
ensure compatibility. If during the sampling process non -beach compatible material,
including large amounts of shell or rock, is or has been placed on the beach all work would
stop immediately and the NCDCM and the USACE would be notified by the Permittee and/or
its contractors to determine the appropriate plan of action.
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30. From May 1 through November 15, to the maximum extent practicable, excavations and
temporary alteration of beach topography (outside of the active construction zone) would
be filled or leveled to the natural beach profile prior to 9:00 pm each day.
31. If any nesting turtles are sighted on the beach during construction, construction activities
would cease immediately until the turtle has returned to the water, and the sea turtle
permit holder responsible for nest monitoring has marked for avoidance or relocated any
nest(s) that may have been laid. If a nesting sea turtle is observed at night, all work on the
beach would cease and all lights will be extinguished (exceptforthose absolutely necessary
for safety) until after the female has finished laying eggs and returned to the water.
32. During the sea turtle nesting season, the Contractor would not extend the beach fill more
than the USFWS allowed length along the shoreline and would confine work activities
within this area between dusk and dawn of the following day until the daily nesting survey
has been completed and the beach cleared for fill advancement. A permitted sea turtle
surveyorwould be present on -site to ensure no nesting and hatchlingsea turtles are present
within the work area. Once the beach has been cleared and the necessary nest relocations
have been completed, the Contractor would be allowed to proceed with the placement of
fill and work activities during daylight hours until dusk at which time the allowed length
limitation would apply. If a nesting sea turtle is sighted on the beach within the immediate
construction area, activities would cease immediately until the turtle has returned to the
water and the sea turtle permit holder responsible for nest monitoring has relocated the
nest.
33. If movement of equipment up or down the beach (outside of the active nighttime
construction area) is required between dusk and dawn, an additional nighttime monitor
would accompany vehicles operating on the beach, watching for signs of turtle activity
ahead of the vehicle. If activity is discovered, the vehicle would stop or reverse direction
until the activity ceases and the monitor clears the forward progress of the vehicle.
Movement of the equipment up or down the beach during nighttime operations would be
conducted from the off -beach access point to the construction area and vice -versa.
34. If any work on the beach is conducted during the sea turtle nesting season (May 1 through
November 15), the Permittee would submit a lighting plan for the equipment and dredge
that will be used in the project. The plan would include a description of each light source
that will be visible on or from the beach and measures implemented to minimize this
lighting. The plan would be reviewed for approval by the USFWS.
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35. Direct lighting of the beach and nearshore waters would be limited to the immediate
construction area during the nesting season and must comply with safety requirements.
Lighting on all equipment would be minimized through reduction, shielding, lowering, and
appropriate placement to avoid excessive illumination of the water's surface and nesting
beach while meeting all USCG, USACE EM 385-1-1, and OSHA requirements. Light intensity
of lighting equipment would be reduced to the minimum standard required by OSHA for
General Construction areas, in order to not misdirect sea turtles. Shields would be affixed
to the light housing and be large enough to block light from all on -beach lamps from being
transmitted outside the construction area or to the adjacent sea turtle nesting beach.
Shoreline'-''
Beach WORD AREA
Beach
No Illumination
No Illumination
Zone f
ys Zone
Side Shield
Side Shield
Light Source
CROSS SECTION
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BEACH LIGHTING
SCHEMATIC
36. Daily (before 9:00 am) nesting surveys and egg relocation would be conducted if any portion
of the sand placement occurs during the period from May 1 through November 15. If sand
is placed on the beach at night, a nighttime monitor would survey the beach area that is
affected that night, prior to the morning's normal nesting activity survey. No daytime
movement of equipment up or down the beach (outside of the active nighttime
construction area described in number 33, above) may commence until completion of the
sea turtle nesting survey each morning. If nests are constructed in the project area, the
nests would be marked and either avoided until completion of the project or relocated.
a. Nesting surveys would be initiated by May land must continue through the end of
the project. If nests are constructed in areas where they may be affected by
construction activities, the eggs would be relocated to minimize sea turtle nest
burial, crushing of eggs, or nest excavation.
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b. Nesting surveys and nest marking would only be conducted by personnel with
prior experience and training in these activities, and who are duly authorized to
conduct such activities through a valid permit issued by the USFWS or the NCWRC.
Nesting surveys would be conducted daily between sunrise and 9:00 am.
c. Only those nest that may be affected by construction or sand placement activities
would be relocated. Nest relocation would not occur upon completion of the
project. For demobilization, nests would be marked and avoided. Nests requiring
relocation would be moved no later than 9:00 am the morning following
deposition to a nearby self -release beach site in a secure setting where artificial
lighting will not interfere with hatchling orientation. Relocated nests would not be
placed in organized groupings. Relocated nests would be randomly staggered
along the length and width of the beach in settings that are not expected to
experience daily inundation by high tides or known to routinely experience severe
erosion and egg loss, predation, or subject to artificial lighting. Nest relocations
in association with construction activities would cease when construction
activities no longer threaten nests.
d. Nests deposited within areas where construction activities have ceased or will not
occur for 65 days would be marked for avoidance and left in situ unless other
factors threaten the success of the nest. Nests would be marked with four stakes
at a 10-foot distance around the perimeter of the nest for the buffer zone. The
turtle permit holder would install an on -beach marker at the nest site and a
secondary marker at a point as far landward as possible to assure that future
location of the nest will be possible should the on -beach marker be lost. No
activities that could result in impacts to the nest would occur within the marked
area. Nest sites would be inspected daily to assure nest markers remain in place
and the nest has not been disturbed by the project activity.
37. From May 1 through November 15, staging areas for construction equipment would be
located off the beach. Nighttime storage of construction equipment not in use would be off
the beach to minimize disturbance to sea turtle nesting and hatching activities. In addition,
all construction pipes placed on the beach would be located as far landward as possible
without compromising the integrity of the dune system. Pipes placed parallel to the dune
would be 5 to 10 feet away from the toe of the dune if the width of the beach allows. If pipes
are stored on the beach, they would be placed in a manner that will minimize the impact to
nesting habitat and would not compromise the integrity of the dune systems.
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38. Demobilization of equipment from the beach would be conducted only during daylight
hours, after the daily survey for sea turtle nests has been completed. Any nests that are
identified would be marked for avoidance as described in number 36.d. above, and avoided
during all demobilization activities.
39. Dune restoration or creation included in the profile design (or project) would have a slope
of 4:1 on a low erosion beach or a slope of 1.5:1, followed by a gradual slope of 4:1 for
approximately 20 feet seaward on a high erosion beach. If another slope is proposed for
use in the creation or restoration of a dune, the Permittee would consult the USFWS.
40. Visual surveys for escarpments along the project area would 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 would be leveled and
the beach profile would be reconfigured to minimize scarp formation by the dates listed
above. Any escarpment removal would be reported by location. If the sand placement
activities are completed during the early part of the sea turtle nesting and hatching season
(May 1 through May 30), escarpments would be leveled immediately, while protecting nests
that have been relocated or left in place. The USFWS would 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 escarpment
leveling is required during the nesting or hatching season, the USFWS or NCWRC would
provide a brief written authorization within 30 days that describes methods to be used to
reduce the likelihood of impacting existing nests. An annual summary of escarpment
surveys and actions taken would be submitted to the USFWS's Raleigh Field Office.
41. Sand compaction would be monitored at leasttwice after each sand placement event. Sand
compaction would be monitored in the project area immediately after completion of any
sand placement event and one time after project completion between October 1 and May
1. Out -year compaction monitoring and remediation are not required if the placed material
no longer remains on the dry beach. Within 7 days of completion of sand placement and
prior to any tilling (if needed), a field meeting would be held with the USFWS, NCWRC and
the USACE to inspect the project area for compaction and determine whether tilling is
needed.
a. If tilling is needed, the area would be tilled to a depth of 36 inches. All tilling
activities would be completed prior to May 1 of any year.
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b. Tilling would occur landward of the wrack line and avoid all vegetated areas that
are 3 square feet or greater, with a 3 square feet buffer around all vegetation.
c. If tilling occurs during the shorebird nesting season (after April 1, shorebird
surveys would be required prior to tilling per the Migratory Bird Treaty Act.
d. A summary of the compaction assessments and the actions taken would be included
in the annual report to DCM, the USACE and the USFWS's Raleigh Field Office
e. These conditions would be evaluated and maybe modified if necessary to address
and identify sand compaction problems.
42. Two surveys would be conducted of all lighting visible from the beach placement area by
the Permittee, using standard techniques for such a survey as instructed in the BO in the
year following construction. The first survey would be conducted between May 1 and May
15, and a brief summary provided to USFWS. The second survey would be conducted
between July 15 and August 1. A summary report of the surveys (including the following
information: methodology of the survey, a map showing the position of lights visible from
the beach, a description of each light source visible from the beach, recommendations for
remediation, and any actions taken) would be submitted to the Raleigh Field Office within
3 months after the last survey is conducted. Afterthe annual report is completed, a meeting
would be set up with the Permittee, the USACE, NCWRC, and the USFWS to discuss the
survey report, as well as any documented sea turtle disorientations in or adjacent to the
project area. If the project is completed during the nesting season and prior to May 1, the
Contractor would conduct the lighting surveys during the year of construction.
43. Sea turtle nesting surveys would be conducted within the project area between May 1 and
November 15 of each year, for at least two consecutive nesting seasons after completion of
each sand placement activity (2 years post -construction monitoring after initial
construction and each maintenance event). 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 cannot be acquired, the
Permittee would be responsible to collect the data. Data collected by the Permittee for each
nest would include, at a minimum, the information in the table below. This information
would be provided to the Raleigh Field Office in the annual report, and would be used to
periodically assess the cumulative effects of these projects on seas 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 Crawls
Visual Assessment of
Number/location of false
all false crawls
crawls in nourished areas;
any interaction of turtles with
obstructions, such as sand
bags or scarps, should be
noted.
Nests
Number
The number of sea turtle nests
in nourished areas should be
noted. If possible, the location
of all sea turtle nests should
be marked on a project map,
and approximate distance to
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 number of
disoriented hatchlings
and adults.
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44. A report describing any actions taken would be submitted to the Raleigh Field Office
following completion of the proposed work for each year when a sand placement activity
has occurred. The report would include the following information:
a. Project location (latitude and longitude)
b. Project description (linear feet of beach, actual fill template, access points and
borrow areas)
c. Date of actual construction activities
d. Name and qualifications of personnel involved in sea turtle nesting surveys and
relocation activities (separate the nesting surveys for nourished and non -
nourished areas)
e. Descriptions of locations of self -release beach sites
f. Sand compaction, escarpment formation, and lighting survey results.
45. Upon locating a dead, injured, or sick individual of an endangered or threatened species,
initial notification would be made to the USFWS's Law Enforcement Office below.
Additional notification would be made to the USFWS's Ecological Services Field Office
identified above and to the NCWRC at [phone]. Care would 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 injury.
Mr. Jason Keith
U.S. Fish and Wildlife Service
551-F Pylon Drive
Raleigh, North Carolina 27606
919-856-4786, Extension 34
NAVIGATION
46. The permit would not authorize the interference with any existing or proposed Federal
project, and the Permittee would 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.
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47. No attempt would 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
would not interfere with the public's right to free navigation on all navigable waters of the
United States.
48. The Permittee would install and maintain, at its expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on all authorized
facilities constructed within navigable waters of the United States.
49. The Permittee would comply with all U.S. Coast Guard regulations for dredging operations
and contact Mr. Tom Flynn, United States Coast Guard, District 5 Waterways at telephone,
[phone], at least thirty (30) days prior to construction. Contact with the U.S. Coast
Guard would initiate the Local Notice for Mariners procedures to ensure all safety
precautions for aids to navigation are implemented. The Permittee would notify the USACE
when this coordination with the USCG has commenced and provide updates as requested.
SECTION 10
50. The Permittee, upon receipt of a notice of revocation of the permit or upon its expiration
before completion of the work would, 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 waterway to its former conditions. If the Permittee fails to comply with this
direction, the Secretary or his representative may restore the waterway, by contract or
otherwise, and recover the cost from the Permittee.
51. 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 will cause unreasonable obstruction to the free
navigation of the navigable waters, the Permittee would be required, upon due notice from
the USACE, to remove, relocate, or alter the structural work or obstructions caused thereby,
without expense to the United States. No claim would be made against the United States
on account of any such removal, relocation, or alteration. The Permittee would notify
NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit NCS261, 1315 E West HWY- RM
7316, Silver Spring, MD 20910-3282 at least two weeks prior to beginning work and upon
completion of work.
Coastal Science & Engineering 15 Monitoring & Mitigation Plan
[2403M-Task 4-Appendix B] Buxton, Dare County, North Carolina

EXCAVATION/DREDGING
52. Hopper dredging is being approved under the NMFS South Atlantic Regional Biological
Opinion (SARBO) dated 2020 (NMFS 2020). The SARBO includes an Incidental Take
Statement (ITS) issued to the USACE. Under the RBO/ITS, incidental takes are authorized
on a Fiscal Year (FY) (October 1 - September 30) basis to be metered 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 would avoid any
incidental take in that such take 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 RBO/ITS, incidental take by the Permittee
may require suspension of the permit by the USACE. The amount of incidental take that will
trigger suspension, and the need for any such suspension, would be determined at the
discretion of the USACE. The Permittee 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 USACE would arise as a result of
such suspension or related action.
53. The Permittee would immediately notify the USACE Regulatory Project Manager that an
incidental take has occurred. Dredging operations would immediately cease upon
incidental take of any sea turtle species or Atlantic Sturgeon until the Wilmington District
Commander, or his designee, notifies the Permittee to resume dredging. The Sea Turtle or
Atlantic sturgeon incidental take data form would be filled out by the Observer within 6
hours of the take event and e-mailed in pdf format to [e-mail] and
the USACE Regulatory Project Manager. In accordance with the RBO, all hopper dredges
would have an Observer on board who meets the guidelines as established on the website
listed in Special Condition 65 below.
54. Pre -Dredging Submittals.
a. No dredging would be performed by a hopper dredge without the inclusion of a
rigid sea turtle deflector device. The Permittee would electronically submit
drawings to the USACE Regulatory Project Manager prior to commencement of
dredging, showing the proposed device and its attachment. These drawings
would include the approach angle for any and all depths to be dredged during the
dredging. The Permittee would not commence hopper dredging until approval of
the sea turtle deflector device has been granted by the USACE.
Coastal Science & Engineering 16 Monitoring & Mitigation Plan
[2403M-Task 4-Appendix B] Buxton, Dare County, North Carolina

b. The Permittee would electronically submit 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 particle size dimension(s), etc.
c. The Permittee would electronically submit an operational plan to achieve
protection of sea turtles during the hopper dredging operation. These operational
procedures are intended to stress the importance of balancing the suction pipe
densities and velocities in order to keep from taking sea turtles.
d. During turning operations, the pumps would either be shut off or reduced in speed
to the point where no suction velocity or vacuum exists. No dredging work would
be allowed to commence until approval of the turtle deflector device has been
granted by the USACE, Wilmington District. Sample Turtle Deflector Design Details
are available on the website listed in Special Condition 65 below. A copy of the
approved drawings and calculations would be available on the vessel during
dredging operations.
55. Within 10 days from the date of initiating the authorized work, the Permittee would provide
to the USACE, the completed Hopper Dredge Startup Inspection Checklist form with a
written notification of the date of commencement of work authorized by this permit. An
inspection of the hopper dredge would be scheduled and performed by the Wilmington
District inspector after receipt of the notification of commencement. Inspection checklists
are located on the website listed in Special Condition 65 below.
56. Hopper dredge drag heads would be equipped with sea turtle deflectors which are rigidly
attached. Deflectors would be solid with no openings in the face. No dredging would be
performed by a hopper dredge without an installed turtle deflector device approved by the
Wilmington District inspector. Sample Turtle Deflector Design Details are on the website
indicated in Special Condition 65 below.
a. Deflector Design.
1) The leadingV-shaped portion of the deflector would have an included angle
of less than 90 degrees. Internal reinforcement would be installed in the
deflector to prevent structural failure of the device. The leading edge of the
deflector would be designed to have a plowing effect of at least 6 inches in
depth when the drag head is being operated. Appropriate instrumentation
Coastal Science & Engineering 17 Monitoring & Mitigation Plan
[2403M-Task 4-Appendix B] Buxton, Dare County, North Carolina

or indicator would be used and kept in proper calibration to insure the
critical "approach angle." (Information Only Note: The design "approach
angle", or the angle of lower drag head pipe relative to the 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 would be
made to insure this design "approach angle" is maintained with the lower
drag pipe.)
2) If adjustable depth deflectors are installed, they would 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. After the deflector is properly adjusted
there would 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.
1) The Permittee would ensure that baskets or screening are installed over the
hopper inflow(s) and overflow (s) with no greater than 4-inch by 4-inch
openings. The method selected would depend on the construction of the
dredge used and shall be approved by the Wilmington District inspector prior
to commencement of dredging. The screening would provide 100% screening
of the hopper inflow(s) and overflow(s). The screens and/or baskets would
remain in place throughout the performance of the work. The turtle deflector
device and inflow/overflow screens would 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 USACE Regulatory Project Manager would be contacted immediately.
2) The Permittee would 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 would be provided to the inflow and overflow baskets or
screens to allow the Observer to inspect for turtles and Atlantic sturgeon, or
Coastal Science & Engineering 18 Monitoring & Mitigation Plan
[2403M-Task 4-Appendix B] Buxton, Dare County, North Carolina

parts thereof, clean the 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 would be implemented.
c. Drag head grating.
1) Drag head 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 from entering 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 particle size dimension(s), etc.)
would be submitted. No dredging would begin until the Wilmington District
inspector has approved all grating and screening.
57. Hopper Dredge Operation.
a. The Permittee would 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 RBO.
b. The turtle deflector device and inflow/overflow screens would be maintained in
operational condition forthe entire dredging operation.
c. When initiating dredging, suction through the drag heads would be allowed just
long enough to prime the pumps, and then the drag heads would be placed firmly
on the bottom. When lifting the drag heads from the bottom, suction through the
drag heads would be allowed just long enough to clear the lines, and then must
cease. Pumping water through the drag heads would 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 would 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, suction velocities
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[2403M-Task 4-Appendix B] Buxton, Dare County, North Carolina

drop to extremely low levels causing conditions for plugging of the suction pipe.
Dredge operators would 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 off the bottom until the
suction velocities increased to an appropriate level. Pipe plugging cannot be
corrected by raising the drag head off the bottom. Arrangements of teeth and/or
the reconfiguration of teeth would be made during the dredging process to
optimize the suction velocities.
d. Raising the drag head off the bottom to increase suction velocities would not be
acceptable. The primary adjustment for 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 would 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 the drag head would be screened before they are utilized on the 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 would be
adjusted to eliminate drag head pick-ups to clear the suction line.
e. The drag head would be buried a minimum of 6 inches in the sediment at all times
to maintain drag head efficacy in reducing incidental takes. Maximum borrow
area dredge depths identified in the attached plans would not be exceeded to
achieve this effective plowing depth.
f. During turning operations, the pumps would either be shut off or reduced in speed
to the point where no suction velocity or vacuum exists.
58. Dredging Quality Management. Dredging and dredged material disposal and monitoring of
dredging projects using the Dredging Quality Management (DQM) system would be
implemented for this DA permit. The Permittee would 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 dredge monitoring. The Permittee's DQM system would
have been certified by the DQM Support Team within one calendar year prior to the
initiation of the dredging/disposal. Questions regarding certification would be addressed
to the DQM Support Center at 251-690-3011. Additional information aboutthe DQM System
can be found at http://dgm.usace.army.mit. The Permittee would be responsible for
insuring that the DQM system is operational throughout the dredging and disposal project
Coastal Science & Engineering 20 Monitoring & Mitigation Plan
[2403M-Task 4-Appendix B] Buxton, Dare County, North Carolina

and that project data are submitted to the DQM National Support Center in accordance with
the specifications provided at the aforementioned website. The Permittee would contact
the National Dredging Quality Management (DQM) program (http://dgm.usace.army.mii/)
to assure that project information is loaded and data is being appropriately transferred
prior to project commencement.
59. 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 USACE 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 would 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 would be conducted such that no sea turtles or other marine organism by -catch
are captured. As much as possible, non -capture trawl sweeping would 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.e.
maximize the bottom time with the trawling equipment). Such trawling in the vicinity of
the dredge would 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.
a. Non -capture Trawl Sweeping Period. Non -capture trawl sweeping would be
conducted as described below:
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, two separate 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 permits to handle sea turtles are required for non -capture
trawl sweeping. Should a sea turtle become entangled in the trawling nets; the
nearest marine facility would be notified for arrangements to be made to transfer
the animal as needed.
Coastal Science & Engineering 21 Monitoring & Mitigation Plan
[2403M-Task 4-Appendix B] Buxton, Dare County, North Carolina

c. Reporting. A daily log would be kept for each non -capture trawl sweeping
operations. The non -capture trawl sweeping log would be submitted to the USACE
Regulatory Project Manager at the completion of the project. Data to be included
with this log daily would include:
1) GIS coordinates 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 during each sweep.
4) General notes as appropriate (e.g. condition of equipment at the end of each
sweep, snags occurring during each sweep, incidental debris, etc.).
5) Water Quality and Physical Measurements: Water temperature measurements
would betaken at the water surface each day using a laboratory thermometer.
Weather conditions would 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 would be recorded on the Trawling Form on the website
indicated in Special Condition 65 below.
d. Non -Capture Trawl Sweeping Equipment:
1) To reduce the chances of sea turtles becoming entangled and caught in the
net webbing during non -capture trawl sweeping, the Contractor would use
standard flat -style shrimp trawling nets. Nets would have one to two-inch
webbing holes, the webbing would be made of nylon material (preferably
dipped.)
2) The bag end of these nets would be completely cut out so that the nets
remaining on the rigging are approximately 30 to 50-feet long. The nets would
be long enough to provide a trailing length of net in the water to "stimulate
turtles" to move but not be long enough to be able to twist when: i) being
pulled in the water; ii) being pulled up and onto the deck; iii) the vessel is
stationary; or iv) the trawl vessel turns while trawling. This net length may be
shorter or longer depending on the specific configurations of the trawler and
its rigging, but would be set up to specifically prevent the twisting of the net.
The nets would be installed and adjusted such that organisms are not being
collected (turtles and other by -catch).
Coastal Science & Engineering 22 Monitoring & Mitigation Plan
[2403M-Task 4-Appendix B] Buxton, Dare County, North Carolina

3) The bag end of the nets would be cut away to create a large open end on the
nets. The webbing would be monitored so that tears and rips do not occur in
the remaining webbing that might entangle and capture organisms
(particularly turtles).
4) To ensure that the lead line and mouth of the trawl nets maintain contact with
the seafloor as best as possible, the lead line of each net would be rigged with
weights, mud rollers, tickler chains and/ortrawling 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 of the 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.
c. Trawler Equipment Breakdown: Should there be a breakdown of trawler
equipment that 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 USACE 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
USACE Regulatory Project Manager.
60. Endangered Species Observers: During dredging operations, observers approved by the
NMFS for sea turtles, Atlantic sturgeon and whales would be aboard to monitor for the
presence of the species. Observer coverage would be 100 percent (24hr/day) and would be
conducted year round. During transit to and from the disposal area, the observer would
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
would be kept of the date, time, and approximate location of all marine mammal sightings.
Care would be taken not to closely approach any whales or manatees observed during
dredging. The observer would serve as a lookout to alert the vessel pilot of the occurrence of
these animals. If any are observed, collisions would be avoided either through reduced
vessel speed, course alteration, or both. During the evening hours, when there is limited
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[2403M-Task 4-Appendix B] Buxton, Dare County, North Carolina

visibility due to fog, or when there are sea states of greater than Beaufort 3, the dredge would
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 would maintain a 500-yard buffer between the vessel and any whale.
During dredging operations, while drag heads are submerged, the observer would
continuously monitor the inflow and/or overflow screening for turtles and/or turtle parts
and Atlantic sturgeon and/or Atlantic sturgeon parts. Upon completion of each load cycle,
drag heads would be monitored as the drag head is lifted from the sea surface and is placed
on the saddle in order to assure that sea turtles that may be impinged within drag head are
not lost and un-accounted for. Observers would physically inspect drag heads and inflow
and overflow screening/boxes for threatened and endangered species take. Other abiotic
and biotic debris found in the screens during their examination for sea turtle or sturgeon
parts would be recorded and then disposed of so as not to impede the functioning of the
screens during the next load cycle.
a. Monitoring Reports. The results of the monitoring would be recorded on the
appropriate observation sheets. There is a sheet for each load, a daily summary
sheet, and a weekly summary sheet. In addition, there would be a post dredging
summary sheet. Observations sheets would 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 by the dredge, appropriate incident reporting
forms would be completed. Additionally, all specimens would be photographed
with a digital camera. These photographs would be attached to respective reports
for documentation. Dredging of subsequent loads would not commence until all
appropriate reports are completed from the previous dredging load to ensure
completeness and thoroughness of documentation associated with the incidental
take. Reports would be submitted to the USACE within 24-hours of the take.
Copies of the forms would be legible. Observer forms may be accessed on the
website indicated in Special Condition 65 below.
b. Endangered Species Observer(s). A list of endangered species observer -biologists
(ESOs) that have been NMFS-approved to monitor threatened/endangered
species takes by hopper dredges can be obtained by contacting NOAA Fisheries'
Northeast Region, Protected Resources Division. The main contact is Ms. Julie
Crocker; she can be reached [e-mail] or 978-281-9300 ext.6530.
Coastal Science & Engineering 24 Monitoring & Mitigation Plan
[2403M-Task 4-Appendix B] Buxton, Dare County, North Carolina

c. Manatee, Sea Turtle, Atlantic Sturgeon and Whale Sighting Reports. Any take
concerning a manatee, sea turtle, Atlantic sturgeon, or whale; or sighting of any
injured or incapacitated manatees, sea turtles, or whales would be reported
immediately to the USACE by notifying the personnel indicated in the list in Special
Condition 64 below. A copy of the incidental take report would be provided within
24 hours of the incident. The Permittee would also immediately report any
collision with and/or injury to a manatee to the USFWS, the NMFS, and the NCWRC.
If a sea turtle and/or Atlantic sturgeon is taken by the dredge (live or dead), the
Permittee would email a PDF version of the incidental take report to NOAA-
Fisheries Southeast Region at the following email address within 24 hours of the
take: [e-mail], also providing a copy to the USACE
Regulatory Project Manager.
61. The Contractor is required to participate in the Right Whale Early Warning System to protect
North Atlantic right whales. If a right whale or any other species of whale is reported within
the area, then the Contractor would be required to follow the enclosed NMFS's Southeast
Region Vessel Strike Avoidance Measures and Reporting for Mariners (revised February
2008) (Appendix B), except where specific measures below are in conflict, in which case the
measures in this Opinion govern (e.g., a speed restriction to a maximum of 10 knots (kt) at
all times in right whale calving areas [i.e., federally -protected areas off the southeastern
U.S. coast designated and implemented for the protection of right whales and their calves
during their calving/migration season] for vessels 65 ft in length or greater). By law, vessels
would maintain a 500-yd buffer between the vessel and any North Atlantic right whale [as
required by federal regulation 50 CFR 224.103 (c)].
62. Turtles take by hopper dredge. Upon removal of sea turtle and/or parts from the drag head
or screening, observers would 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 would 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 would also be scanned for flipper and Passive Integrated Transponder
(PIT) tags. Any identified tags would be recorded on the "Sea Turtle Incidental Take Form"
that is included in the "Endangered Species Observer Program Forms" located on the
website indicated in Special Condition number 65 below. Turtle parts which cannot be
positively identified to species would be preserved by the observer(s) for later identification.
A tissue sample would be collected from any lethally taken sea turtle and submitted under
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[2403M-Task 4-Appendix B] Buxton, Dare County, North Carolina

the process stated in the Protocol for Collecting Tissue Samples from Turtles for Genetic
Analysis found in the website listed in Special Condition 65 below. All genetic samples
collected would be submitted to NMFS within 30 days of collection and verification of
submittal to NMFS shall be provided to the USACE Regulatory Project Manager. After all data
collection is complete, the sea turtle parts would be placed in plastic bags, labeled as to the
time, date, and dredged reach of collection, kept frozen and transported to the NMFS
Laboratory in Beaufort, North Carolina. If no local facility is capable of receiving the sea
turtle/parts, they would be marked (spray paint works well), weighted down and disposed
of under the direction of the USACE Regulatory Project Manager.
63. Observer(s) would measure, weigh, scan for Passive Integrated Transponder (PIT) tags, and
photograph any live turtle(s) incidentally taken by the dredge. If no tagging was identified,
observers would tag the turtle using Iconnel flipper and PIT tags if they are qualified to do
so. Observer(s) or their authorized representative would coordinate with the USACE
Regulatory Project Manager and NMFS to transport, as soon as possible, the live turtle(s)
taken by the dredge to an approved rehabilitation facility in the project area.
64. The Permittee would maintain a log detailing all incidents, including sightings, collisions
with, injuries, or killing of manatees, sea turtles, Atlantic sturgeon, or whales occurring
during the contract period. The data would be recorded on forms available on the website
as indicated in Special Condition number 15. All data in original form would be forwarded
directly to Wilmington District within 10 days of collection. Following project completion,
a report summarizing the above incidents and sightings shall be submitted to the following:
a. Wilmington District Regulatory Contact: Josh. R.Pelletier(@usace.army.miI
b. South Atlantic Dredging Projects: Jennifer.L.Owens(@usace.army.mil
c. National Marine Fisheries Service
Protected Resources Branch
264th Avenue South
St. Petersburg, Florida 33701
d. North Carolina Wildlife Resources Commission
Matthew Godfrey
307 Live Oak Street
Beaufort, North Carolina 28516
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65. Reporting Forms. In order to avoid use of outdated forms, the Permittee would be
directed to the following website for forms and attachments required under this
permit. Links to these forms are under the heading Turtle Information,
http://dgm.usace.army.miI/odess/#/download, (List of forms required under this permit
include: Sea Turtle/Pre and Post -Hopper Dredging Project Checklist, Endangered Species
Observer Program Forms and Sea Turtle Trawling Report).
NPS MITIGATION MEASURES
The mitigation measures proposed herein would be part of the permit conditions for approved
Special Use Permit (SUP) to be issued by NPS for the proposed Buxton renourishment project.
GENERAL CONDITIONS
1. The Permittee, in coordination with USACE and the NPS, would notify the FWS of the
commencement of projects for the purposes of tracking incidental take of all listed species.
If project -related activities will potentially adversely affect nesting shorebirds or active
nesting habitat, the Permittee would coordinate with the NPS, FWS, and NCWRC prior to
proceeding (RPM #8 Section 8.2.1, FWS 2021 BO). If the project is ongoing and shorebirds
begin territorial or other nesting behaviors within the project area, the NPS would
implement no -work buffers around this activity.
2. The Permittee would organize a meeting between representatives of the Permittee's
Contractor (s), FWS, NCWRC, NPS, the trained sea turtle monitor if it is other than the NPS
and other species surveyors, as appropriate, to be held prior to the commencement of the
work on any project (RPM #4 Section 8.2.1, FWS 2021 BO). The meeting would provide an
opportunity for explanation and/or clarification of the conservation measures and T&Cs,
and would include the following, as appropriate:
• Staging locations, and storing of equipment, including fuel stations;
• Coordination with the surveyors on required species surveys;
• Pipeline placement;
• Minimization of driving within and around the Action Area;
• Follow up coordination during construction and post construction;
• Direction of the work including progression of beach nourishment along the beach;
• Plans for compaction monitoring;
• Plans for escarpment surveys and
• Names and qualifications of personnel involved in any required species surveys.
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3. The Permittee's access points for construction vehicles would be as close to the project site
as possible. Construction vehicle travel down the beach would be limited to the maximum
extent possible (RPM #5 Section 8.2.1, FWS 2021 BO).
• The Permittee may only use vehicles on the beach at night if escorted by trained
endangered species observers.
• The Permittee would reduce the use of bulldozers at night to the minimum use
required for safe operations as sand is being discharged.
• During construction, the Permittee would properly dispose of trash and food items
either in predator -proof receptacles, or in receptacles that are emptied each night
to minimize the potential for attracting predators of piping plovers, red knots, and
sea turtles.
• Prior to sand placement, the Permittee would remove to the maximum extent
possible all derelict material, large amounts of rock, or other debris from the
project area (RPM #2 Section 8.2.1, FWS 2021 BO).
• The Permittee would coordinate pipeline placement with the NIPS, NCDCM,
USACE, FWS, and the NCWRC (RPM #3 Section 8.2.1, FWS 2021 BO).
• During dredging operations, the Permittee would inspect material placed on the
beach daily to ensure compatibility. If during the sampling process non -beach
compatible material, including large amounts of shell or rock, is or has been
placed on the beach the Permittee would stop work immediately and the NPS
would be notified by the Permittee and/or its contractors to determine the
appropriate plan of action.
• The Permittee would advise construction personnel that there are civil and
criminal penalties for harming, harassing, or killing ESA -listed species, which are
protected under the Endangered Species Act of 1973.
• The Permittee would not use siltation barriers during construction due to high
tidal flows and coarse sediment present within the action area so that ESA -listed
species cannot become entangled or entrapped.
• Sand fencing would be installed at an angle no less than 45 degrees to the
shoreline (RPM #1 Section 8.2.2, FWS 2021 BO).
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SEA TURTLES
• The Permittee would be responsible for ensuring continuous nightly beach patrols are
performed by trained sea turtle monitors to locate any turtles that are stranded behind the
dredge pipe on the beach and relocate them to the water's edge or resolve the situation
according to directions by and in consultation with NIPS.
• No -work buffers along the beach would be established around sea turtle nests by trained
sea turtle monitors in coordination with NIPS.
• Immediately after construction and to the maximum extent practicable prior to May 1, the
limits of construction areas would be evaluated by the Permittee for compaction in
coordination with the NIPS. If the NIPS, in consultation with FWS and NCWRC, determines
that additional inspections are needed, a second inspection may be required prior to May 1
of the following year. Compaction monitoring and remediation are not required if the
placed material no longer remains on the beach. Within 14 days of completion of beach
nourishment and prior to any tilling (if needed), a field meeting would be held between the
Permittee and NIPS, FWS and/or NCWRC to inspect the project area for compaction and
determine whether tilling is needed. If it is determined that tilling is required for sea turtle
nesting habitat suitability, the construction areas would be tilled to a depth of 36 inches.
Tilling would occur landward of the wrack line and avoid all vegetated areas that are three
square feet or greater, with a three-foot buffer around all vegetation. All tilling activity
would be completed prior to May 1 to the maximum extent practicable. In the case of
projects that run until the April30 nesting timeframe, anytilling activities required after May
1 would be coordinated with the NIPS, FWS, or NCWRC. If tilling occurs during shorebird
nesting season, shorebird surveys would be required prior to tilling. Additionally, sand
compaction would be qualitatively evaluated at least once after each beach nourishment
event (RPM #7 Section 8.2.1, FWS 2021130). A summary of compaction assessments and the
actions taken would be included in an annual report to NIPS, NCDCM, USACE, and FWS.
These conditions would be evaluated and may be modified if necessary, to address and
identify sand compaction problems (T&C #7, Section 8.3.1, FWS 2021 BO).
• Visual surveys for escarpments along the area of sediment management would be made by
the Permittee in consultation with NIPS 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 would be leveled and the beach profile would be
reconfigured to minimize scarp formation by the dates listed above. If the sand placement
activities are completed during the early part of the sea turtle nesting and hatching season
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(May 1 through May 30), escarpments would be leveled immediately, while protecting nests
that have been relocated or left in place. If it is determined that escarpment leveling is
required during the nesting or hatching season, the FWS or NCWRC would provide a brief
written authorization to the NIPS within 30 days that describes methods to be used to
reduce the likelihood of impacting existing nests. An annual summary of escarpment
surveys and actions taken would be submitted to the NIPS and FWS. (RPM #6 Section 8.2.1,
FWS 2021 BO).
• Sea turtle nesting surveys would be conducted by the NPS within the project area between
May 1 and November 15 of each year, for at least two consecutive nesting seasons after
completion, if the sand remains on the beach (FWS 2017).
• The Permittee would coordinate any sediment management activities with the NIPS,
regarding the need to restrict construction in the vicinity of active nest building by sea turtles.
• The Permittee would only place beach compatible fill on the beach or in any associated
dune system.
o Beach compatible fill would be sand comprised solely of natural sediment and shell
material, containing no construction debris, toxic material, or other foreign matter,
or large amounts of granular material, gravel, or rock. The beach compatible fill
would 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
area of proposed action. Beach compatible fill maintains the general character and
functionality of the material occurring on the beach and in the adjacent dune and
coastal system and meets the following criteria:
■ Beach compatible fill containing less than or equal to 5% fine-grained sediment
(less than 0.0625 mm, considered silt, clay and colloids) by weight, unless
sufficient sampling of the project area indicates that the native sediment grain
size distribution contains greater than 5% fine grained material, in which case
compatible material would be considered the percentage of fine-grained native
material plus no more than an additional 5% by weight;
■ Beach compatible fill containing coarse gravel, cobbles or material retained on
a .75-inch sieve in a percentage or size not greater than found on the native
beach; and
■ Beach compatible fill that does not contain carbonate (i.e., shell) material that
exceeds the average percentage of carbonate material on the native beach by
more than 15% by weight.
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• From May 1 through November 15, to the maximum extent practicable, excavations and
temporary alteration of beach topography (outside of the active construction zone) by the
Permittee would be filled or leveled to the natural beach profile prior to 9:00 p.m. each day.
This would help make the beach suitable for the sea turtles trying to nest (RPM #10 Section
8.2.1, FWS 2021130).
• During the sea turtle nesting season, the Permittee would not extend the beach fill more
than a certain length along the shoreline and would confine work activities to this area
between dusk and dawn of the following day until the daily nesting survey has been
completed and the beach cleared for fill advancement. A trained sea turtle monitor would
be present on -site to ensure no nesting and hatchling sea turtles are present within the
work area. Once the beach has been cleared and the necessary nest relocations have been
completed, the permit applicant / contractor would be allowed to proceed with the
placement of fill and work activities during daylight hours until dusk, at which time the
certain length limitation would apply. If a nesting sea turtle is sighted on the beach within
the immediate construction area, activities would cease immediately until the turtle has
returned to the water and the party responsible for nest monitoring has relocated the nest.
• If any work on the beach is conducted during the sea turtle nesting season (May 1 through
November 15), the Permittee would submit a lighting plan for the equipment and dredge
that would be used in the project. The plan would include a description of each light source
that would be visible on orfrom the beach and the measures implemented to minimize this
lighting. The plan would be reviewed for approval by the NPS. During the nesting season,
lighting associated with the project would be minimized to reduce the possibility of
disrupting and misdirecting nesting and/or hatchling sea turtles (RPM #12 Section 8.2.1,
FWS 2021130).
• If any nesting turtles are sighted on the beach during construction by the NPS or the
Permittee's trained sea turtle monitor, construction activities would cease immediately
until the turtle has returned to the water, and the site has been marked for avoidance or
any nest(s) that may have been laid has been relocated. All sea turtle nests within the
proposed work areas would be relocated by the NPS. If a nesting sea turtle is observed at
night, all work on the beach would cease and all lights would be extinguished (except for
those absolutely necessary for safety) until after the female has finished laying eggs and
returned to the water (RPM #11 Section 8.2.1, FWS 2021 BO).
• Daily (before 9:00 am) nesting surveys and egg relocation would be conducted by the NPS
if any portion of the sand placement occurs during the period from May 1 through
November 15. If sand is placed on the beach at night, a nighttime monitor would survey the
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beach area that is affected that night, prior to the morning's normal nesting activity survey.
No daytime movement of equipment up or down the beach would commence until
completion of the sea turtle nesting survey each morning. If nests are laid within the project
area, the nests would be marked by the NPS and either avoided by the Permittee until
completion of the project or relocated by the NPS (RPM #4, Sections 8.2.2 and 8.2.3, RPM
#3, Section 8.2.4, FWS 2021130). Daily coordination would be conducted between sea turtle
volunteers, the Contractor, and NPS to ensure that the beach has been adequately
surveyed and nests marked, prior to beginning of work (RPM #5, Section 8.2.2, RPM #4,
Section 8.2.4, FWS 2021130).
■ Nesting surveys and nest marking would only be conducted by personnel with
prior experience and training in these activities, and who are duly authorized to
conduct such activities through a valid permit issued by the FWS or the NCWRC.
■ Nesting surveys would be initiated by the NPS or the Permittee's trained sea
turtle monitor by May 1 and would continue through the end of the project. If
nests are constructed in areas where they may be affected by construction
activities, the eggs would be relocated to minimize sea turtle nest burial,
crushing of eggs, or nest excavation.
■ Site selection for the relocated nest and methodology would follow the
Handbook for Sea Turtle Volunteers in North Carolina.
■ Only those nests that may be affected by construction or sand placement
activities would be relocated by the NPS or Permittee's trained sea turtle
monitor. Nest relocation would not occur upon completion of the project. For
demobilization, nests would be marked and avoided, if possible. Nests
requiring relocation would be moved no later than 9:00 am the morning
following deposition to a nearby self -release beach site in a secure setting
where artificial lighting would not interfere with hatchling orientation.
Relocated nests would not be placed in organized groupings. Relocated nests
would be randomly staggered along the length and width of the beach in
settings that are not expected to experience daily inundation by high tides or
known to routinely experience severe erosion and egg loss, predation, or are
subject to artificial lighting.
■ Nests deposited within areas where construction activities have ceased or will
not occur for 65 days would be marked for avoidance and left in situ unless
other factors threaten the success of the nest by the NPS or Permittee's trained
sea turtle monitor. Nests would be marked with four stakes at a 10-foot
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distance around the perimeter of the nest for the buffer zone. The turtle permit
holder would install an on -beach marker at the nest site and a secondary
marker at a point as far landward as possible to assure that future location of
the nest would be possible should the on beach marker be lost. No activities
that could result in impacts to the nest would occur within the marked area.
Nest sites would be inspected daily to assure nest markers remain in place and
the nest has not been disturbed by the project activity.
• The Permittee would ensure, from May 1 through November 15, staging areas for
construction equipment would be located off the beach to the maximum extent possible.
Nighttime storage of construction equipment not in use would be off the beach unless it is
stored within 500 feet of the active construction zone, to minimize disturbance to sea turtle
nesting and hatching activities. In addition, all construction pipes placed on the beach
would be located as far landward as possible without compromising the integrity of the
dune system. Pipes placed parallel to the dune would be 5 to 10 feet away from the toe of
the dune if the width of the beach allows. If pipes are stored on the beach, they would be
placed in a manner that would minimize the impact to nesting habitat and would not
compromise the integrity of the dune systems.
• The Permittee would conduct demobilization of equipment from the beach only during
daylight hours, after the daily survey for sea turtle nests has been completed. Any nests that
are identified would be marked by NPS for avoidance and avoided during all demobilization
activities. If it is expected that a nest cannot be avoided during demobilization, then it
would be relocated by the NPS.
• The Permittee would comply with the following protected species construction conditions
as described in NMFS's "Sea Turtle and Smalltooth Sawfish Construction Conditions" and
apply these conditions to listed species of sea turtles.
• No sea turtle nests would be relocated for sand fence installation, dune vegetation
planting, sand scraping, sand relocation, or emergency breach repair. If work is conducted
between May 1 and November 15, the sea turtle surveyor would mark nests for avoidance.
Sand fencing, dune planting, sand scraping, sand relocation and emergency breach repair
work would not be conducted at night (RPM #3, Section 8.2.2, RPM # 2, Section 8.2.3, RPM
#2, Section 8.2.4, FWS 2021130).
• For sand fence installation, dune planting, sand scraping, sand relocation, and emergency
breach repair, a buffer distance of 50 feet would be marked at all nests and false crawls
identified within the work area, in which no power equipment or vehicles would be used.
Specific to sand fence installation and dune planting, a buffer distance of 20 feet would be
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marked at all sea turtle nests and false crawls identified within the work area, in which no
hand tools would be used for digging (RPM #6, Section 8.2.2, RPM #5, Section 8.2.3, FWS
2021 BO).
• During the sea turtle nesting season, the limits of the expected dune planting area for each
day would be marked on the beach the night before, to inform the sea turtle patrol of the
limits of the day's work (RPM #3, Section 8.2.3, FWS 2021130).
• To the extent possible, during sea turtle nesting season, watering for dune planting would
be accomplished from the landward side of dunes and an irrigation system would not be
installed (RPM #6 and #7, Section 8.2.3, FWS 2021 BO).
• Between May 1 and November 15, once an area of beach is completed with dune planting,
all equipment would be prohibited from that area and all sand ruts created by traveling or
parking on the beach would be removed by the end of each day (RPM#8 and #9, Section
8.2.3, FWS 2021 BO).
SHOREBIRDS
• The order of work (sections to be filled by the Permittee) would be accomplished so that
there would be the least practicable disruption to bird -nesting activities along the
Seashore.
• Before start of work each morning, a visual survey would be conducted by the NPS or in the
area of work for that day, to determine if piping plovers and red knots are present.
• If shorebirds are present in the work area, the Permittee would ensure careful movement
of equipment in the early morning hours to allow those individuals to move out of the area.
• The Permittee's construction operations would always be carried out in a manner as to
avoid negatively impacting shorebirds and allowing them to exit the area.
• The NPS would implement standard wildlife protection buffers around piping plover nests
and chicks and exclude sediment management activities within those protection areas as
authorized in the 2010 ORV Management Plan and BO.
• The NPS would recommend that proposed actions at the Seashore occur between
November 16 and April 1 to avoid most of the piping plover breeding season, a portion of
the piping plover migration period in North Carolina, and peak spring and fall migration of
the red knot. The avoidance of breeding and migration periods for these species is an
important management tool to minimize impacts. However, the NPS would consider,
through agency consultation and incorporating mitigation measures, allowing work
outside of this timeframe if seasonal conditions threaten project feasibility and/or human
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safety. Additional mitigation measures may include surveys, monitoring, research studies,
and construction methodologies. Allowance to work within the migratory and nesting
seasons may include only a portion of the season.
o As a means of minimizing the extent and/or duration of adverse effects on
habitats and benthic prey resources, all material placed on the beach and in
associated dune systems by the Permittee would consist of beach compatible
sediment. Beach compatible material would consist of sediments that are
similar in composition, grain size distribution, and color to the native sediments
of the recipient beaches.
o The Permittee's construction staging areas and pipeline routes would be
located to avoid high value inlet complex habitats for piping plovers and red
knots to the maximum extent practicable.
o The Permittee's personnel involved in the construction or sand placement
process along the beach would be trained to recognize the presence of piping
plovers and red knots prior to initiation of work on the beach. Before start of
work each morning, a visual survey would be conducted in the area of work for
that day, to determine if piping plovers and red knots are present. If piping
plovers or red knots are present in the work area, careful movement of
equipment in the early morning hours would allow those individuals to move
out of the area. Construction operations would not begin until individual plovers
have exited the work area for the day.
o Work areas within piping plover critical habitat, such as dredge footprint(s),
pipeline corridors, travel corridors, and access points would be clearly
delineated. Disturbance within those delineated work areas would be limited to
the maximum extent possible, thereby minimizing effects to sandy, sparsely
vegetated habitat within the project footprint. Driving on the beach for
construction would be limited to the minimum necessary within the designated
travel corridor (RPM #9 Section 8.2.1, FWS 2021130).
WORK LIMITS AND OTHER CONDITIONS
• Permittee work would limit the creation of pits and steep side slopes by ploughing
immediately following nourishment and selecting nourishment techniques based on site
features to minimize the impact on benthic communities and the time for recovery.
• Project sites would be surveyed for cultural resources by the NPS or other trained
specialists if sites have not been previously surveyed.
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• No -work buffers would be established by the NPS around known cultural resources, in
consultation with the SHPO.
• Should permitted sediment management activities unearth previously undiscovered
archeological resources, work would be stopped immediately in the area of such discovery,
and the Permittee would immediately contact the NPS. The NPS would consult with the
SHPO and the Advisory Council on Historic Preservation as necessary.
• The Permittee would be required to seek state and federal permit authorizations for project
actions including but not limited to Section 404, Section 401 Water Quality Certification,
and a Coastal Area Management Act (CAMA) Major permit.
• The Permittee would forward a copy of all other agency permits related to the undertaking
of the project. Copies would be forwarded to the Seashore's compliance office for inclusion
in the project's administrative record.
• The Permittee would locate any temporary storage areas for construction equipment and
pipelines off the beach to the maximum extent practicable.
• A plan for post -project dune planting or sand fencing would be developed by the Permittee
and approved by the NIPS after the nourished beach undergoes natural equilibration only if
it is determined that planting or fencing would help stabilize the beach.
• The Permittee would provide to the NPS's POC all daily and weekly reports that it may
receive from any entity pertaining to any of the project's operational and/or permitting
requirements while the project is ongoing, including but not limited to: the Contractor's
daily quality control report, the daily and weekly dredging quality management report, the
daily and weekly endangered species observation report, and the daily trawling report,
including daily and weekly day -time turtle and bird monitoring reports, and daily and
weekly night-time turtle monitoring reports.
• In addition to any other reviews or post construction monitoring that may be called for in
other applicable permits, the NPS recommends that at least one post efficacy review, made
during the required monitoring period pertaining to the volume of beach sand remaining
on the beach, would be accomplished by an independent third party or company, and not
affiliated in any way with the project. Copies of all reviews and reports following the project
are to be provided to the NPS.
• Additional mitigation measures which may be required and enforced by other agencies
include:
o The Permittee would provide protected species observers to be stationed on
dredges to alert dredging personnel and record encounters. This would include
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authority to suspend operations while wildlife resources officials are contacted in
the event of a take as defined under any consultation requirements.
o The Permittee would ensure that if a North Atlantic right whale is spotted or
reported within 28 nautical miles of a vessel, all vessels would slow to 10 knots or
slowest safe navigable speed for 36 hours.
o The Permittee would retain trained trawlers to trawl for sea turtles ahead of
operating hopper dredges and relocate turtles if encountered or operate as non -
capture trawling per final recommendations of NMFS.
o The Permittee would be required to ensure proper installation and function of a
rigid draghead deflector.
o The Permittee would follow the FWS Guidelines for Avoiding Impacts to the West
Indian Manatee -Precautionary Measures for Construction Activities in North
Carolina Waters.
o Prior to any permitted dredging activities, proposed dredge areas would be
surveyed for hard bottom habitat, and no -dredge buffers would be established
around it, if found.
o Borrow areas would be subject to state requirements which include a survey for the
borrow site and pipeline location.
NPS ECOLOGICAL MONITORING PLAN
The NPS has set aside five segments, totaling approximately 12-13 Seashore miles, to provide
reference zones that will be used to perform comparative ecological monitoring studies with
nourishment project areas (Figure 1). The areas designated for these reference zones include:
■ Pea Island NWR: Approximately 2 miles from the start of the Jug Handle Bridge to the
boundary of Mirlo Beach/Rodanthe Village. (Any studies or monitoring on the Refuge
will require coordination with FWS and adherence to Refuge guidelines and applicable
policies (e.g., compatibility, research SUPS, etc.)
■ Between Salvo and Avon: 2 miles from Village of Salvo to 1 mile south of Ramp 25
■ Cape Hatteras Point to Frisco: 5 miles from the point to an area west of Ramp 49
■ Hatteras Island terminus: Approximately 1 mile from Ramp 55 toward the terminus
(excluding the end of the island for habitat restoration projects)
■ Ocracoke Island terminus: 2 miles from Ramp 72 to the intersection with Ocracoke Inlet
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The Salvo to Avon reference area is close to the proposed Buxton project area and has similar
shoreline features and wave conditions (within the red bars near the bottom of Figure 1) (NPS FEIS
2021a). It is proposed to be used as a control area for ecological monitoring in connection with the
Buxton renourishment project.
The purpose of the ecological monitoring program is to evaluate the recovery of physical and
biological components of the beach ecosystem following beach nourishment and to evaluate
possible changes to beach characteristics, including, but not limited to, beach grain size and
benthic organisms. Specific monitoring efforts would include identifying differences in sediment
(i.e., grain size, mineral content, compaction) between the control site and the nourished area; and
measuring impacts on the abundance and distribution of selected swash zone benthic organisms
(i.e., mole crabs, coquina clams, amphipods, and polychaete worms).
As stated in the FEIS and ROD, the NIPS does not intend to duplicate monitoring efforts at the
nourished beach required by other agencies as part of the permitting process, but rather, will work
in collaboration with the permittee and other agencies to determine an appropriate monitoring
approach. Specific monitoring efforts at the nourished beach and the control site are intended to
track longer -term evolution of morphology and habitat restoration between the two locations
(nourished beach and control beach). The NIPS will conduct sea turtle and shorebird monitoring
within the project site and reference zone. The permittee would submit an ecological monitoring
report annually following data collection for two years following project implementation.
SAMPLE MONITORING PURPOSE
The ecological monitoring program that the permittee proposes herein is designed to answer the
following questions as given in the NIPS FEIS (NIPS 2021a, 2021b):
■ Were there differences in sediment (i.e., grain size, heavy mineral content, compaction)
between the control area (reference zone) and nourished areas?
■ Did nourishment have an impact on the distribution of swash zone macro -invertebrates?
■ Was there "recovery" of the sediment and biological community following the
nourishment?
On behalf of the permittee (Dare County), CSE consulted Dr. Reide Corbett (Executive Director,
Coastal Studies Institute) and had a phone conversation on 24 March 2021 regarding benthic
monitoring frequency, sampling along shore stations and cross -shore transects, sampling
methods, and data analysis (particularly heavy mineral content analysis), etc. The following
proposed ecological monitoring work was based on the conversation with Dr. Corbett and was
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also adapted from Corbett and Walsh (2017) after successful completion of post -beach
nourishment monitoring at Pea Island NWR.
MONITORING FREQUENCY
(1) Pre -Project: The permittee would conduct a pre -project physical assessment and pre -project
ecological monitoring at the proposed Buxton project and at the reference location area
between Salvo and Avon (control).
(2) After -Project: Samples would be collected within two weeks after the nourishment process is
complete.
(3) Two Years Post -Project: Following nourishment, samples would be collected seasonally (i.e.,
in fall, winter, spring, and summer) for two years.
SAMPLING STATIONS AND TRANSECTS
Sampling transects would be established by the permittee prior to the nourishment project and
include the reference zone between Salvo and Avon (control area) and the nourished beach at
Buxton. Fixed monitoring stations will reduce spatial variability effects and allow temporal changes
to be detected in abundances and population characteristics as a result of beach nourishment.
When planning for the initial 2017-2018 Buxton beach nourishment, the permittee established a
project baseline encompassing the length of Hatteras Island from Oregon Inlet to Cape Point
using existing monuments (NPS/USACE 2015). Stationing is in standard engineering units
beginning near the Oregon Inlet jetty (station 0+00) and ending in the Cape Point area south of
Buxton Village (station 1983+77). Intermediate control points mark the turning points and
azimuths along the baseline.
Stationing in engineering nomenclature is shorthand for distances along a line. In this case,
station numbers increase from north to south. For example, NPS Beach Access Ramp 25 is
located around station 1032+00, which means it is 103,200 feet (ft) or -19.5 miles south of the
starting point near Oregon Inlet. The northern boundary of the proposed Buxton renourishment
project is located at station 1770+50 (Haulover Beach Access), which is 177,050 ft or -33.5 miles
from the starting point and 73,850 ft or -14 miles south of Ramp 25.
Under this survey network, the proposed Buxton renourishment project area will extend from
stations 1770+50 to 1925+50, encompassing 15,500 ft of shoreline. The proposed control area
Coastal Science & Engineering 39 Monitoring & Mitigation Plan
[2403M-Task 4-Appendix B] Buxton, Dare County, North Carolina

between Salvo and Avon (i.e., 2 miles south of Salvo and 1 mile south of Ramp 25) is from stations
1000+00 to 1090+00, encompassing 9,000 ft of shoreline. The relative locations of these two areas
are shown in Figure 2. The permittee proposes to collect samples along the transects spaced at
1 000-foot intervals along the oceanfront of the Buxton project area from 1770+00 to 1920+00 (red
dots in Figure 3), and the control area from stations 1000+00 to 1090+00 (green dots in Figure 4).
There are a total of 16 stations along the Buxton project area and 10 stations along the control area.
Beach condition surveys at those 1,000-ft spaced stations along the nourished area are required by
the state and federal permits before and after the initial 2017-2018 nourishment project. In
addition, those surveys are a requirement for post -disaster restoration funds under FEMA's
community assistance grants (FEMA 2020). Therefore, if these same survey stations are used, the
sampling work under the NPS ecological monitoring plan would not duplicate the monitoring
efforts at the nourished beach required by other state and federal agencies.
The distance between the nourished and the control area is approximately 13 miles, a substantial
separation between these two areas.
Transects would extend from the toe of the primary dune to the oceanward edge of the lower swash
zone. Each transect would be numbered, and locations recorded using GPS technology. Along each
transect location, samples would be taken at three geomorphic positions, including the dune toe,
mid -beach (mid -way between the toe of the primary dune and top of the swash zone), and swash
zone (Figure 5). These three locations could sufficiently capture variations in benthic populations
along the edges of active sand placement as well as within the areas of greatest burial by
nourishment, and thus the greatest impact to benthic species, according to Dr. Corbett (by phone
conversation on 24 March 2021).
SAMPLING METHODS
Samples will be collected using a 10 cm diameter corer inserted to the depth of approximately 15
cm at each station (Figure 6). Swash zone invertebrate sampling would be conducted, and
organism abundance in the sample would be recorded. The physical characteristics of each transect
site would be characterized. Measurements would include beach slope, compaction (via cone
penetrometer), tide stage, foreshore and scarp slope, and height. Air temperature, water
temperature, wave height, and salinity would also be noted or estimated.
Coastal Science & Engineering 40 Monitoring & Mitigation Plan
[2403M-Task 4-Appendix B] Buxton, Dare County, North Carolina

ANALYSIS METHODS
Sand samples would be collected during each monitoring event adjacent to the location of the
benthic samples. These samples would be dried and split into fractions suitable for grain size and
heavy mineral volume analysis.
Grain Size Analysis
Grain size analysis would be performed on all samples according to ASTM Method D422-63. Sieve
sizes range from 4.75mm (US Standard sieve No. 4) to 63 N (US Standard sieve No. 230) in this
method. Sediments would be categorized by Wentworth's classification. Total organic content
(TOC) would also be measured by weight loss upon ignition at 500' C for four hours.
Heavy Mineral Content Analysis
Visual inspection of surficial sediments at each sampling location is proposed to be used to estimate
heavy mineral content for the upcoming Buxton renourishment project. This method has been
previously used (Dolan and Spiekermann 2015) along PINWR and Seashore, and visual inspection
of sediment color is commonly used as a metric for heavy mineral sand abundance in sediments.
Munsell Color Charts are used to estimate the hue and saturation of sediment color, and heavy
minerals are overwhelmingly dark in color. Quartz and feldspar sand, along with many shell
fragments along the Outer Banks, are overwhelmingly light in color. Ground -based photographs of
each sample location would be provided as documentation, and a registered Professional Geologist
would review all field estimates to ensure consistency.
Beach Compaction
Beach compaction would be measured at each sample location. Compaction would be tested using
a cone penetrometer, and three replicate values would be collected at each sample location to
ensure precision and accuracy.
Reporting
The permittee would submit data and reports of post -project monitoring to the SUP coordinator or,
and if an NPS research permit is required for the project, the park Research Coordinator. The name
of the appropriate NPS employee would be included in the SUP conditions.
All results and raw data collected during the monitoring effort would be available electronically.
These data would include sand sample analyses, cone penetrometer measurements, elevation
profiles, and macroinvertebrate counts collected by the permittee. A report would be produced by
the permittee at the end of each individual year required for post nourishment monitoring. Each
report would detail answers to the questions identified above and be shared with the NPS.
Coastal Science & Engineering 41 Monitoring & Mitigation Plan
[2403M-Task 4-Appendix B] Buxton, Dare County, North Carolina

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Figure 1. Areas of likely sediment management activities presented in NPS' Final Environmental
Impact Statement (NPS 2021). Zone 2 (red bars) represents the reference areas that would be
excluded from consideration for sediment management activities unless there is an emergency
circumstance. The reference area near the bottom of the figure between Salvo and Avon is
proposed to be used as a "control zone" for ecological monitoring for the proposed Buxton
renourishment project.
Coastal Science & Engineering 42 Monitoring & Mitigation Plan
[2403M-Task 4-Appendix B] Buxton, Dare County, North Carolina

Salvo •
1000+00
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Figure 2. Map of the proposed control area and the Buxton renourishment area. The distance between these
two areas is approximately 13 miles.
Coastal Science & Engineering 43 Monitoring & Mitigation Plan
[2403M-Task 4-Appendix B] Buxton, Dare County, North Carolina

Cape Hatteras
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Figure 3. Map of the proposed sampling stations along the Buxton renourishment area. The sampling
stations would be spaced at 1,000-ft and coincident with the survey stations established by the permittee
since 2013. There would be a total of 16 sampling stations along the nourished area under the proposed
ecological monitoring plan.
Coastal Science & Engineering 44 Monitoring & Mitigation Plan
[2403M-Task 4-Appendix B] Buxton, Dare County, North Carolina

0 2,000
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Figure 4. Map of the proposed sampling stations along the control area. The sampling stations would be
spaced at 1,000-ft and coincident with the survey stations established by the permittee since 2013. There
would be a total of 10 sampling stations along the control area under the proposed ecological monitoring
plan.
Coastal Science & Engineering 45 Monitoring & Mitigation Plan
[2403M-Task 4-Appendix B] Buxton, Dare County, North Carolina

20 ft
Sediment Grab Sample Positions
15 ft (Typical Beach Profile)
0 10 ft Toe Of Dune
Z
Z
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........................................................................ a HW
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-10ft - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
125 ft
250 ft
375 ft
500 ft
Figure 5. The proposed three cross -shore, geomorphic positions along each sampling transect, including
the dune toe, mid -beach face (mid -way between the toe of the primary dune and top of the swash zone),
and swash zone.
Figure 6. Uniform sediment samples would be collected on the beach in the upper inches (15 centimeters)
during the ecological monitoring efforts.
Coastal Science & Engineering 46 Monitoring & Mitigation Plan
[2403M-Task 4-Appendix B] Buxton, Dare County, North Carolina

REFERENCES CITED
Corbett, R. and Walsh, J. 2017. Beach nourishment monitoring at Pea Island National Wildlife Refuge. Final Report for
USFWS by Coastal Studies Institute, East Carolina University. 38 pp.
Dolan, R. and Spiekermann, N. 2015. Beach monitoring project data summary report: 1990-2014, Pea Island National
Wildlife Refuge, Outer Banks of North Carolina. Report for USFWS by Coastal Research Associates, Charlottesville
VA, 19 pp.
FEMA. 2020. Public Assistance Program and Policy Guide V4.0. Federal Emergency Management Agency, Washington,
DC, 221 pp + 14 appendices.
NMFS. 2020. 2020 South Atlantic Regional Biological Opinion for Dredging and Material Placement Activities in the
Southeast United States. National Marine Fisheries Service, Southeast Regional Office, St. Petersburgh FL, 653 pp.
NPS. 2021a. Cape Hatteras National Seashore Sediment Management Framework - Final Environmental Impact
Statement. National Park Service, Fort Collins, CO, 150 pp+ appendices.
NPS. 2021b. Joint Record of Decision Sediment Management Framework - Cape Hatteras National Seashore. National
Park Service, Fort Collins, CO, 13 pp + appendices.
NPS/USACE. 2015. Environmental assessment — beach restoration to protect NC Highway 12 at Buxton, Dare County,
North Carolina. US Army Corps of Engineers, US Department of Interior, National Park Service, NPS 603/129663,
Volume 1 (204 pp) and Volume II (Appendixes Ato G).
Coastal Science & Engineering 47 Monitoring & Mitigation Plan
[2403M-Task 4-Appendix B] Buxton, Dare County, North Carolina